Legislature(1999 - 2000)
08/10/1999 01:50 PM House BUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
JOINT COMMITTEE
LEGISLATIVE BUDGET AND AUDIT
August 10, 1999
1:50 P.M.
MEMBERS PRESENT
Representative Gail Phillips, Chair
Representative Con Bunde
Representative Eric Croft
Representative Gary Davis
Representative Eldon Mulder (alternate, by teleconference)
Senator Drue Pearce (alternate)
MEMBERS ABSENT
Representative Gene Therriault
Senator Randy Phillips, Vice Chair
Senator Al Adams
Senator Rick Halford
Senator Sean Parnell
Senator Gary Wilken
COMMITTEE CALENDAR
APPROVAL OF PREVIOUS MINUTES
June 14, 1999
REVISED PROGRAMS (RPL'S)
EXECUTIVE SESSION
Preliminary Audit Reports
Final Audit Reports
Alaska Railroad Corporation
AUDIT REPORTS
WITNESS REGISTER
TOM MAHER, Legislative Assistant
to Representative Gail Phillips
Alaska State Legislature
Capitol Building, Room 411
Juneau, Alaska 99801
Telephone: (907) 465-6873
DAVID TEAL, Legislative Fiscal Analyst
Division of Legislative Finance
State Office Building, Sixth Floor
Juneau, Alaska 99811
Telephone: (907) 465-3795
POSITION STATEMENT: Introduced RPL
KEN BISCHOFF, Director
Division of Administrative Services
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 9811-1200
Telephone: (907) 465-4336
POSITION STATEMENT: Spoke to RPL
DAN SPENCER, Senior Policy Analyst
Office of Management and Budget
Office of the Governor
P.O. Box 110020
Juneau, Alaska 99811-0020
Telephone: (907) 465-4681
POSITION STATEMENT: Spoke to RPL
PAT DAVIDSON, Director
Division of Legislative Audit
State Office Building, Sixth Floor
Juneau, Alaska 99801
Telephone: (907) 465-3830
POSITION STATEMENT: Spoke to Audit Reports
DANE LARSON
Division of Legislative Audit
State Office Building, Sixth Floor
Juneau, Alaska 99801
Telephone: (907) 465-3830
GOVERNOR BILL SHEFFIELD, President & CEO
Alaska Railroad Corporation (ARRC)
Department of Commerce and Economic Development
PO Box 107500
Anchorage, AK 99510-7500
Telephone: (907)265-2403
PHYLLIS C. JOHNSON, Vice President & General Counsel
Alaska Railroad Corporation
Department of Commerce and Economic Development
PO Box 107500
Anchorage, AK 99510-7500
Telephone: (907)265-2461
CHARLES COLE, Attorney & Contract Counsel
Alaska Railroad Corporation
PO Box 107500
Anchorage, AK 99510-7500
Telephone: (907)265-2461
ACTION NARRATIVE
TAPE 99-5, SIDE A
COMMITTEE CHAIR REPRESENTATIVE GAIL PHILLIPS called the
Joint Committee on Legislative Budget and Audit meeting to
order at 1:50 P.M. on August 10, 1999. Members present at
the call of the Chair were Representatives Bunde, Croft, G.
Davis, Mulder (teleconferenced) and Senator Pearce.
APPROVAL OF MINUTES
CHAIR GAIL PHILLIPS MOVED approval of the June 14, 1999
meeting minutes. There being NO OBJECTION, the minutes were
adopted.
REVISED PROGRAMS (RPL's)
DAVID TEAL advised that there were two RPL's before the
Committee:
RPL Number: 12-0-0008
Department of Public Safety
Alaska State Troopers BRU
Special Projects Component
$163,155 Federal Funds
DAVID TEAL noted that the funding originates from a federal
Bureau of Justice Assistance grant to support the
identification and apprehension of criminals. The
Department of Public Safety would use the money to hire a
DNA expert for the Crime Laboratory. Additionally, the
Department would contract for software for the automated
fingerprint identification system.
He explained that this funding had minimal "strings"
attached. He noted that the Division of Legislative Finance
does recommend approval of the RPL, however, he did point
out that the Committee should be aware that there have been
two similar RPL's in 1998 and 1999, which were approved by
the Legislative Budget and Audit Committee (LBA). The
Department to date has not hired a criminologist. There is
a qualified candidate who could be appointed as soon as the
funding becomes available. Mr. Teal pointed out that the
grant is formula driven and it should have been included in
the FY00 budget request. He recommended that future funding
be included in the operating budget for this component.
KEN BISHCHOFF offered to answer questions of the Committee.
REPRESENTATIVE ELDON MULDER inquired if the amount requested
was greater than the amount expected to be received by the
federal government.
KEN BISCHOFF replied that through a formula, each state
received the same amount of money. There continues to be a
question whether or not the United States Congress will
continue to fund this component. It will not be automatic
funding because it is a discretionary grant program
occurring in the past three years.
REPRESENTATIVE ELDON MULDER asked how the previous funding
had been used.
KEN BISCHOFF explained that those funds had been used for
similar budget concerns. The Department had been unable to
find a journey-level DNA specialist to fill the position. A
grant revision has been submitted to hire a trainee.
Additionally, the Division bought DNA related supplies with
the funding. The original trainee is now qualified to move
to the journey-level position and a new trainee position
should then be hired.
REPRESENTATIVE ELDON MULDER questioned what funding would be
used for the new trainee position hire.
KEN BISCHOFF replied it would continue to be federal funds.
He believed that there would be enough funding to cover both
positions this year.
REPRESENTATIVE CON BUNDE inquired how the requested funding
would impact past legislation that created a DNA data bank.
KEN BISCHOFF believed that the funding would compatibly
support the previous legislation. For the past several
years, the Department has been collecting blood samples from
inmates, but because of statute, those samples have not been
processed. Being unable to process, they have not been
converted to an electronic record stored in the database.
The funding will help the Department process the backlog of
samples, provide personnel to work with the Federal Bureau
of Investigation (FBI) to establish a local database and
network with the national code system. This action would
enable the State to start providing electronic searches both
locally and nationally.
REPRESENTATIVE CON BUNDE asked with this funding, would this
be a "usable function" for law enforcement.
KEN BISCHOFF commented that if the Department could keep
this level of resource available, the backlogs could
probably be caught up within a two-year period and then all
the samples converted to a national standard record format
for search purposes.
REPRESENTATIVE GARY DAVIS understood that previous money had
been used to prepare the Department for the purposed
funding. The State now has arrived at the implementation
stage.
KEN BISCHOFF reiterated that this funding would allow the
Department to work "full gear" to address the backlog and
then move into the implementation stage. He pointed out
that this type of offender has a two-thirds recidivism rate.
If a database existed with these offenders, the odds are
that the State would be better able to identify those
offenders in new crimes.
REPRESENTATIVE GARY DAVIS urged passage of the RPL. He
emphasized that the Legislature had passed legislation to
address the concern, however, never funded it.
REPRESENTATIVE ELDON MULDER MOVED to adopt the requested
funding. There being NO OBJECTION, RPL #12-0-0008 was
adopted.
CHAIR GAIL PHILLIPS noted that there was a second RPL
pending and that the Committee would wait for information to
arrive from the Office of the Governor regarding the
concern. She noted that it would be placed further down the
agenda.
DAN SPENCER interjected that it would not be necessary to
deal with that RPL at this time. He noted that there had
been internal confusion and that the Office of Management
and Budget would be able to use existing federal receipt
authority to make it through the next month.
CHAIR GAIL PHILLIPS stipulated that this RPL could be
addressed at the next meeting.
EXECUTIVE SESSION
PAT DAVIDSON spoke to an ongoing ethics review of a former
employee of the Alaska Railroad Corporation (ARRC). She
recommended that the Committee go into Executive Session for
the purposes of discussing these personnel related matters.
REPRESENTATIVE GARY DAVIS MOVED that the LBA Committee go
into Executive Session in accordance with Titles 24 and 44
for the purpose of discussing Audit Reports which are held
confidential by law and confidential information regarding
the Alaska Railroad Corporation. There being NO OBJECTION,
it was so ordered and the Committee moved into Executive
Session at 2:10 P.M.
CHAIR GAIL PHILLIPS requested that Tom Maher, Legislative
Budget and Audit Committee staff, Pat Davidson, Legislative
Audit, Dane Larson, Legislative Audit, Governor Bill
Sheffield, Alaska Railroad Corporation, Phyllis Johnson,
Alaska Railroad Corporation, and Charles Cole, Counsel for
the Alaska Railroad Corporation, attend the Executive
Session.
The Committee resumed Open Session at 4:00 P.M.
AUDIT REPORTS
REPRESENTATIVE GARY DAVIS MOVED to release four preliminary
audit reports:
* State of Alaska/Single Audit FY98
* DOA/DCED/ASMI/AIDEA
* DOA/Office of Public Advocacy/Public Guardian
Program
* DOC/Review of Select Internal Controls
There being NO OBJECTION, they were released.
REPRESENTATIVE GARY DAVIS MOVED that the final audits on the
agenda be released to the public:
* DCRA/Teller Bulk Fuel Facility Upgrade
* OG/Select Public Relations
* DOTPF/Anchorage International Airport
* DNR/State Recorder's Office
There being NO OBJECTION, the final audits were released for
public view.
REPRESENTATIVE GARY DAVIS MOVED to accept the audit request
submitted by Representative John Cowdery regarding an audit
of the Human Rights Commission. [Copy on File].
SENATOR DRUE PEARCE asked if this request had been made in
regard to a specific case. She pointed out that there are
many personal records involved with that agency.
PAT DAVIDSON provided background regarding the concern. She
noted that there had been an earlier audit request submitted
by Representative Bunde to investigate the Human Rights
Commission and that Representative Cowdery's request
followed that. Typically, when the Legislative Audit
Division undertakes an audit, they try to include as much
information as possible. The Human Rights Commission would
not allow the Division access to records that would provide
enough information to answer Representative Cowdery's
questions.
PAT DAVIDSON added that Legislative Audit would be looking
at the Human Rights Commission operations as a whole while
at the same time addressing each of Representative Cowdery's
concerns as it relates to the entire operation.
CHAIR GAIL PHILLIPS asked if there were further questions.
REPRESENTATIVE CROFT commented that Representative Bunde's
request was appropriate, whereas, the current request before
the Committee is specifically targeted at one particular
complaint. He noted that he would vote for the approval of
the audit, however, believed that it would be better left
more generic.
CHAIR GAIL PHILLIPS replied that with the exception of
getting some generic questions answered, the auditors could
not get the information they needed.
PAT DAVIDSON agreed that Representative Bunde's request was
very open and did not ask specific questions dealing with
the Human Rights Commission. The Human Rights Commission
attorneys were denying access to "dig" into the records.
She assured that Representative Cowdery's request is not
being used to look at one case in particular, but instead
addressing the overall concern.
REPRESENTATIVE CROFT ascertained that Representative
Cowdery's request was asking for a "particular" case. He
quoted from the request itself: "The attorney assigned to
this case, subject to peer review and based on insufficient
findings..."
PAT DAVIDSON reiterated that the intent of the Legislative
Audit Division was to take information regarding the entire
Commission, and that the Commission was blocking the
auditors from being able to answer those questions.
CHAIR GAIL PHILLIPS requested that a motion be made for
approval of the audit.
REPRESENTATIVE GARY DAVIS restated his original motion.
There being NO OBJECTION, it was so ordered to accept
Representative Cowdery's audit request.
ADJOURNMENT
The meeting adjourned at 4:15 P.M.
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