Legislature(2011 - 2012)BUTROVICH 205

03/28/2012 08:00 AM House LEGISLATIVE BUDGET & AUDIT


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08:04:03 AM Start
08:04:32 AM Executive Session
08:29:27 AM Other Committee Business
08:37:38 AM Approval of Minutes
08:38:03 AM Audit Request
08:46:33 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change from Finance 519 --
Audit Request
Audits - Executive Session
Audits - Follow Up Findings & Recommendations
Other Committee Business
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                         March 28, 2012                                                                                         
                           8:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Chair                                                                                               
Representative Mark Neuman                                                                                                      
Representative Kurt Olson                                                                                                       
                                                                                                                                
Senator Bert Stedman, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Linda Menard                                                                                                            
Senator Thomas Wagoner                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bill Thomas                                                                                                      
Representative Mike Doogan                                                                                                      
Representative Scott Kawasaki (alternate)                                                                                       
Representative Bill Stoltze (alternate)                                                                                         
                                                                                                                                
Senator Kevin Meyer (alternate)                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
EXECUTIVE SESSION                                                                                                               
OTHER COMMITTEE BUSINESS                                                                                                        
APPROVAL OF MINUTES                                                                                                             
AUDIT REQUEST                                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE ERIC FEIGE                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Requested an audit of the Agricultural                                                                   
Revolving Loan Fund (ARLF) program under the Department of                                                                      
Natural Resources (DNR).                                                                                                        
                                                                                                                                
KRISTIN CURTIS                                                                                                                  
Legislative Auditor                                                                                                             
Legislative Audit Division                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information on the audit request.                                                               
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:04:03 AM                                                                                                                    
                                                                                                                                
CHAIR  MIKE  HAWKER  called  the  Legislative  Budget  and  Audit                                                             
Committee meeting to order at  8:04 a.m.  Representatives Hawker,                                                               
Olson,  and Neuman  and Senators  Hoffman,  Menard, Wagoner,  and                                                               
Stedman  were present  at  the  call to  order.   Senator  French                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^Executive Session                                                                                                              
                       Executive Session                                                                                    
                                                                                                                                
8:04:32 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER announced that the  first order of business would be                                                               
to move into executive session.                                                                                                 
                                                                                                                                
8:04:46 AM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN  made a motion under  Uniform Rule 22 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 8:05 a.m.                                                                              
                                                                                                                                
8:29:18 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER  brought the  committee back to  order at  8:29 a.m.                                                               
Representatives Hawker,  Olson, and Neuman and  Senators Hoffman,                                                               
Menard, Wagoner, and Stedman were present at the call to order.                                                                 
                                                                                                                                
^Other Committee Business                                                                                                       
                    Other Committee Business                                                                                
                                                                                                                                
8:29:27 AM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN made a motion  for the preliminary audits for the                                                               
Virus  Free  Seed  Potatoes  Project   and  the  Film  Production                                                               
Incentive Program  - Financial Compliance  to be released  to the                                                               
appropriate agencies for response.   There being no objection, it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
8:29:48 AM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN made  a motion for the final audit  for the FY 11                                                               
Statewide  Single  Audit  to  be   released  to  the  public  for                                                               
response.  There being no objection, it was so ordered.                                                                         
                                                                                                                                
8:30:02 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:30 a.m. to 8:37 a.m.                                                                       
                                                                                                                                
8:37:32 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER  brought the  committee back to  order at  8:37 a.m.                                                               
Representatives Hawker,  Olson, and  Neuman and  Senators French,                                                               
Menard, and Wagoner were present at the call to order.                                                                          
                                                                                                                                
^Approval of Minutes                                                                                                            
                      Approval of Minutes                                                                                   
                                                                                                                                
8:37:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  OLSON made  a motion  to approve  the minutes  of                                                               
February 27,  2012.  There  being no objection, the  minutes from                                                               
the meeting of February 27, 2012 were approved.                                                                                 
                                                                                                                                
^Audit Request                                                                                                                  
                         Audit Request                                                                                      
                                                                                                                                
8:38:03 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER announced  that the next order of  business would be                                                               
an audit request from Representative Feige.                                                                                     
                                                                                                                                
REPRESENTATIVE  ERIC FEIGE,  Alaska State  Legislature, requested                                                               
that an  audit be  performed on  the Agricultural  Revolving Loan                                                               
Fund  (ARLF).     He  paraphrased  from   a  prepared  statement:                                                               
[Included in members' packets]                                                                                                  
                                                                                                                                
     The ARLF was  set up by the  Territorial Legislature in                                                                    
     1953  to   promote  the   more  rapid   development  of                                                                    
     agriculture by means  of long-term, low-interest loans.                                                                    
     The   fund  is   administered   by   the  Division   of                                                                    
     Agriculture  and the  Division of  Support Services  in                                                                    
     the   Department  of   Natural   Resources.     Lending                                                                    
     decisions  are  made  by   the  seven-member  Board  of                                                                    
     Agriculture & Conservation (BAC).                                                                                          
                                                                                                                                
     Given the  extensive changes  to both  the agricultural                                                                    
     industry and  state government since ARLF  was created,                                                                    
     the time has come to  examine the administration of the                                                                    
     fund  and  to   look  for  efficiencies.     It  is  my                                                                    
     understanding that  five previous  audits of  ARLF were                                                                    
     done in an  eleven year period with the  last one being                                                                    
     in  1998.   Specifically, I  request the  audit include                                                                    
     the following objectives:                                                                                                  
                                                                                                                                
          Evaluate   the   performance    of   ARLF's   loan                                                                    
     portfolio.    Identify  types of  ARLF  loans  and  the                                                                    
     degree to which each loan is performing.                                                                                   
                                                                                                                                
          Identify the duties performed by DNR employees in                                                                     
     the  administration of  ARLF and  identify areas  where                                                                    
     efficiencies   could   be   gained   to   improve   the                                                                    
     administration of the program.                                                                                             
                                                                                                                                
          Determine   whether   DNR   should   continue   to                                                                    
     administer  ARLF  or  should  all  or  part  of  ARLF's                                                                    
     administration  be carried  out  by  a different  state                                                                    
     department,  agency   or  private  entity   to  improve                                                                    
     performance and/or reduce costs.                                                                                           
                                                                                                                                
          Compare ARLF's program structure, including the                                                                       
     Board's  involvement  in  lending decisions,  to  other                                                                    
     Alaska  and non-Alaska  governmental lending  programs.                                                                    
     Identify potential  changes  that   could  improve  the                                                                    
     program.    Are  there   any  inherent  conflicts  with                                                                    
     respect to Board members approving these loans?                                                                            
                                                                                                                                
     I have  had several  conversations with  the Department                                                                    
     of  Natural  Resources  and  they  would  welcome  this                                                                    
     audit.                                                                                                                     
                                                                                                                                
8:40:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked which department would best                                                                         
administer ARLF.                                                                                                                
                                                                                                                                
REPRESENTATIVE  FEIGE,   in  response,   said  that   either  the                                                               
Department of Commerce, Community  & Economic Development (DCCED)                                                               
or  the Alaska  Commercial Fishing  and Agricultural  Bank (CFAB)                                                               
could manage the loan packages.                                                                                                 
                                                                                                                                
REPRESENTATIVE NEUMAN  relayed that he had  extensive discussions                                                               
with  the  agriculture industry  regarding  CFAB.   He  expressed                                                               
concern with DCCED  and its Division of Banking  & Securities and                                                               
he  opined  that it  was  "important  that agricultural  industry                                                               
minded people look  at these [agriculture] loans,"  as the prices                                                               
were different than in the Lower  48.  He cited other issues that                                                               
arose  for  farmers.    He   suggested  that  another  bank  from                                                               
territorial time,  which had loaned  the original ARLF  funds and                                                               
was expert in managing agricultural  loans, should be included in                                                               
the  review for  new management.   He  opined that,  although the                                                               
current  management  was adequate,  this  was  an opportunity  to                                                               
search for other supervision.                                                                                                   
                                                                                                                                
8:43:44 AM                                                                                                                    
                                                                                                                                
SENATOR FRENCH asked how much was in the ARLF fund.                                                                             
                                                                                                                                
8:44:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE  replied that he  would report back  on that                                                               
figure.                                                                                                                         
                                                                                                                                
SENATOR FRENCH asked if anyone knew the amount.                                                                                 
                                                                                                                                
REPRESENTATIVE  NEUMAN   surmised  that  it  was   about  $16-$18                                                               
million.                                                                                                                        
                                                                                                                                
SENATOR FRENCH asked  about the average loan amount  and how many                                                               
loans were granted annually.                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN offered his belief  that there were 12 - 28                                                               
loans each  year and, reflecting  on loan amounts,  declared that                                                               
"it's all over the board on what they do."                                                                                      
                                                                                                                                
SENATOR FRENCH  commented, "you're  making me more  supportive of                                                               
this request all the time."                                                                                                     
                                                                                                                                
8:45:27 AM                                                                                                                    
                                                                                                                                
KRISTIN CURTIS, Legislative  Auditor, Legislative Audit Division,                                                               
Alaska  State Legislature,  offered that  her office  had a  long                                                               
relationship with the ARLF,  with extensive historical documents,                                                               
and she welcomed the opportunity for a review.                                                                                  
                                                                                                                                
8:46:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON made a motion  to approve the request for an                                                               
audit  of the  Agricultural  Revolving Loan  Fund (ARLF)  program                                                               
under the Department of Natural  Resources (DNR).  There being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
8:46:25 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER asked if there was any other committee business.                                                                   
                                                                                                                                
8:46:33 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the                                                                       
Legislative Budget and Audit Committee meeting was adjourned at                                                                 
8:46 a.m.                                                                                                                       

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