Legislature(2003 - 2004)

03/27/2003 04:15 PM House BUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
        JOINT COMMITTEE ON LEGISLATIVE BUDGET AND AUDIT                                                                       
                         March 27, 2003                                                                                         
                           4:15 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ralph Samuels, Chair                                                                                             
Representative Mike Hawker                                                                                                      
Representative Jim Whitaker                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
Senator Gene Therriault, Vice Chair                                                                                             
Senator Ben Stevens                                                                                                             
Senator Con Bunde                                                                                                               
Senator Gary Wilken                                                                                                             
Senator Lyda Green, alternate                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Vic Kohring                                                                                                      
Representative Reggie Joule, alternate                                                                                          
Representative Bill Williams, alternate                                                                                         
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
APPROVAL OF MINUTES                                                                                                             
EXECUTIVE SESSION                                                                                                               
AUDIT REPORTS                                                                                                                   
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
PAT DAVIDSON, Legislative Auditor                                                                                               
Division of Legislative Audit                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke on behalf of the Division of                                                                         
Legislative Audit.                                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-2, SIDE A                                                                                                             
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  RALPH SAMUELS  called the  Joint Committee  on Legislative                                                             
Budget and Audit  meeting to order at 4:15 p.m.   Members present                                                               
at  the  call  to  order were  Representatives  Samuels,  Hawker,                                                               
Kerttula, and Whitaker, and Senators  Bunde and Wilken.  Senators                                                               
Green, Stevens, and Therriault arrived shortly thereafter.                                                                      
                                                                                                                                
APPROVAL OF MINUTES                                                                                                           
                                                                                                                                
Number 0045                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
February 19, 2003.                                                                                                              
                                                                                                                                
CHAIR SAMUELS  asked whether  there were  any objections.   There                                                               
being none,  the minutes from  the meeting of February  19, 2003,                                                               
were approved as read.                                                                                                          
                                                                                                                                
EXECUTIVE SESSION                                                                                                             
                                                                                                                                
Number 0090                                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER made a motion  to move to executive session                                                               
for the  purpose of discussing  confidential audit  reports under                                                               
AS 24.20.301.  There being  no objection, the committee went into                                                               
executive session at 4:20 p.m.                                                                                                  
                                                                                                                                
CHAIR  SAMUELS  brought  the  committee  back  to  regular,  open                                                               
session at 5:05 p.m.                                                                                                            
                                                                                                                                
AUDIT REPORTS                                                                                                                 
                                                                                                                              
Number 0102                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  made a  motion to  release the  following two                                                               
final  audit  reports to  the  public  [for  response]:   1)  the                                                               
Department  of  Health &  Social  Services,  Division of  Medical                                                               
Assistance, Internal  Control Over Medicaid Payments,  and 2) the                                                               
sunset for the Department of  Revenue, Alcoholic Beverage Control                                                               
Board.                                                                                                                          
                                                                                                                                
CHAIR SAMUELS  asked whether  there were  any objections.   There                                                               
being none, the audits were released to the public for response.                                                                
                                                                                                                                
Number 0123                                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  made a  motion to  release the  following two                                                               
preliminary audits  to the  appropriate agencies  [for response]:                                                               
1)  Department of  Community  &  Economic Development  Commercial                                                               
Fisheries  Revolving Loan  Fund, and  2) Department  of Health  &                                                               
Social Services,  Division of Family  & Youth  Services, Selected                                                               
Travel Issues.                                                                                                                  
                                                                                                                                
CHAIR SAMUELS  asked whether  there were  any objections.   There                                                               
being none, the audits were  released to the appropriate agencies                                                               
for response.                                                                                                                   
                                                                                                                                
OTHER COMMITTEE BUSINESS                                                                                                      
                                                                                                                                
Number 0207                                                                                                                     
                                                                                                                                
PAT  DAVIDSON,  Legislative   Auditor,  Division  of  Legislative                                                               
Audit,  Alaska  State  Legislature,  requested  approval  by  the                                                               
committee  to  amend a  [professional  services]  contract.   Ms.                                                               
Davidson  explained that  the Division  of Legislative  Audit and                                                               
three staff, including  herself, were named as  defendants in the                                                               
Robert Hammond v. State of  Alaska lawsuit.  The lawsuit involves                                                             
an audit  pertaining to the  Homer Gravel Roads project  in which                                                               
there were various allegations and counter-allegations.                                                                         
                                                                                                                                
Number 0302                                                                                                                     
                                                                                                                                
MS.  DAVIDSON   continued  that  the  committee   had  previously                                                               
approved the contract  for an amount not to exceed  $35,000.  She                                                               
reported  that Tamara  Cook, Director  of  Legislative Legal  and                                                               
Research Services, had indicated her  staff was unable to provide                                                               
the  defense; therefore,  the law  firm  of Gross  and Burke  was                                                               
hired  to provide  legal  defense.   She  said  that Judge  Reese                                                               
signed an  order stating  that activities  and reports  issued by                                                               
the  Division of  Legislative Audit  are  covered by  legislative                                                               
immunity.                                                                                                                       
                                                                                                                                
Number 0339                                                                                                                     
                                                                                                                                
MS.  DAVIDSON  requested approval  from  the  committee that  the                                                               
contract amount be increased by  $2,750 to provide for the "final                                                               
motions to wrap  this up."  She said that  if the individual were                                                               
to file  an appeal, a  re-evaluation process would take  place to                                                               
determine  if  Legislative  Legal  and  Research  Services  could                                                               
provide  additional services.   She  testified that  "this amount                                                               
[$2,750] would just final it out for us."                                                                                       
                                                                                                                                
SENATOR WILKEN  moved to approve [increasing  the contract amount                                                               
by $2,750].                                                                                                                     
                                                                                                                                
CHAIR SAMUELS asked whether there were any objections.  There                                                                   
being none, it was so ordered.                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, Chair                                                                     
Samuels adjourned the Joint Committee on Legislative Budget and                                                                 
Audit meeting at approximately 5:10 p.m.                                                                                        
                                                                                                                                
                                                                                                                                

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