Legislature(2019 - 2020)
10/31/2019 10:04 AM House BUD
| Audio | Topic |
|---|---|
| Start | |
| Approval of Minutes | |
| Alaska Division of Legislative Audit Compensatory Time Policy | |
| Approval of Rpl(s) | |
| Executive Session | |
| Preliminary Audit Release | |
| Tustumena Audit Request Approved February 2014 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
LEGISLATIVE BUDGET AND AUDIT COMMITTEE
Anchorage, Alaska
October 31, 2019
10:04 a.m.
MEMBERS PRESENT
Representative Chris Tuck, Chair
Senator Click Bishop, Vice Chair
Representative Neal Foster
Representative Andy Josephson
Representative Ivy Spohnholz
Senator Bert Stedman
Senator Natasha von Imhof
Senator Cathy Giessel
Senator Lyman Hoffman
Representative Jennifer Johnston (alternate)
MEMBERS ABSENT
Representative Mark Neuman
Senator Peter Micciche (alternate)
OTHER LEGISLATORS PRESENT
Representative Bryce Edgmon
Senator John Coghill
COMMITTEE CALENDAR
APPROVAL OF MINUTES
ALASKA DIVISION OF LEGISLATIVE AUDIT COMPENSATORY TIME POLICY
APPROVAL OF RPL(S)
EXECUTIVE SESSION
PRELIMINARY AUDIT RELEASE
TUSTUMENA AUDIT REQUEST APPROVED FEBRUARY 2014
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
KRIS CURTIS, Auditor
Legislative Audit Division
Legislative Agencies and Offices
Juneau, Alaska
POSITION STATEMENT: Spoke to the issue of proposed changes to
the Legislative Audit Division's compensatory time policy;
explained a memorandum related to the Tustumena Audit Request.
DAVID TEAL, Director
Legislative Finance Division
Legislative Agencies and Offices
Juneau, Alaska
POSITION STATEMENT: Discussed the revised programs legislative
(RPLs) before the Legislative Budget and Audit Committee.
SYLVAN ROBB, Director
Division of Administrative Services
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Responded to questions related to RPL 20-
2020-0050.
TAMARA VAN WYNE, Director
Educator and School Excellence Division
Department of Education & Early Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during discussion of RPL
05-2020-0045.
RUTH KOSTIK, Acting Director
Administrative Services
Department of Environmental Conservation (DEC)
Juneau, Alaska
POSITION STATEMENT: Answered a question regarding RPL 18-2020-
0369.
GORDON BURTON, Facility Manager
Anton Anderson Memorial Tunnel
Department of Transportation & Public Facilities (DOT&PF)
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding RPL 25-2020-
8718.
ACTION NARRATIVE
10:04:37 AM
CHAIR CHRIS TUCK called the Legislative Budget and Audit
Committee meeting to order at 10:04 a.m. Present at the call to
order were Representatives Josephson, Foster, Spohnholz,
Johnston (alternate), and Tuck and Senators von Imhof, Stedman,
Giessel, Hoffman, and Bishop. Also in attendance were
Representative Edgmon and Senator Coghill.
^APPROVAL OF MINUTES
APPROVAL OF MINUTES
10:04:59 AM
CHAIR TUCK announced that the first order of business would be
approval of the minutes.
10:05:06 AM
SENATOR BISHOP made a motion to approve the minutes of the
Legislative Budget and Audit Committee of May 15, 2019, and
August 16, 2019. There being no objection, the minutes from the
meetings of May 15, 2019, and August 16, 2019, were approved.
^ALASKA DIVISION OF LEGISLATIVE AUDIT COMPENSATORY TIME POLICY
ALASKA DIVISION OF LEGISLATIVE AUDIT COMPENSATORY TIME POLICY
10:06:14 AM
CHAIR TUCK announced the next order of business would be
proposed changes to the Alaska Division of Legislative Audit
Compensatory Time Policy.
10:06:33 AM
KRIS CURTIS, Auditor, Legislative Audit Division, Legislative
Agencies and Offices, directed attention to a memorandum
("memo") she had sent to the Legislative Budget and Audit
Committee, dated 10/9/19, which describes proposed changes to
the division's compensatory time policy and read as follows
[original punctuation provided]:
At the September 5, 2012, Legislative Budget and Audit
Committee meeting, the Committee approved a comp time
policy for the Division of Legislative Audit and the
Division of Legislative Finance. The policy authorized
no more than 150 hours of comp time during a 12 month
period. The 150 hours represents four weeks at a 37.5
hour workweek. At the April 12, 2019, Legislative
Budget and Audit Committee meeting, the Committee
approved a 40 hour workweek for supervisory auditors.
I am requesting that the comp policy approved in 2012
be based on weeks rather than hours to accommodate the
different standard work schedule of the different
Legislative Audit employees (37.5 hours a week versus
40 hours a week). The revised comp time schedule would
be a max of four weeks. All other terms approved in
2012 would remain the same.
MS. CURTIS noted that for those on the 40-hour work week, the
maximum comp time would be 160 hours.
10:07:57 AM
MS. CURTIS, in response to a question from Senator Hoffman,
confirmed that comp time must be used within 12 months or the
person loses that time. In response to a question from
Representative Josephson, she explained that all employees are
required to take a minimum of regular leave off per year. That
can be waived by written notice of the head of the agency. She
said regardless of whether the leave being requested by an
employee is regular or comp time leave, she sometimes cannot
allow it, for example, during the busiest times of the year.
Nevertheless, she said she tries to work out the timing with
staff such that they can "take their four weeks, plus their
minimum two weeks." She said, "It's been difficult the last two
years, but going forward we hope to allow that."
10:10:18 AM
SENATOR BISHOP made a motion that the Legislative Budget and
Audit Committee approve the proposed changes to the Alaska
Division of Legislative Audit Compensatory Time Policy to allow
for up to 160 hours comp time annually to align with the change
to the 40-hour work week approved by the Legislative Budget and
Audit Committee during its April 12, 2019, meeting. There being
no objection, it was so ordered.
^APPROVAL OF RPL(s)
APPROVAL OF RPL(s)
10:10:53 AM
CHAIR TUCK announced the next order of business would be the
approval of revised programs - legislative (RPLs).
10:12:33 AM
DAVID TEAL, Director, Legislative Finance Division, Legislative
Agencies and Offices, directed attention to RPL 08-2020-0105 - a
request by the Oil & Gas Conservation Commission for [$51,196]
of federal authorization to receive and spend a grant from the
U.S. Environmental Protection Agency (EPA) to perform high-
priority oil field inspections and mechanical integrity testing
of Class 2 injection in disposal wells. He said those tests and
inspections are in compliance with the Underground Injection
Control Program that is authorized under the Safe Drinking Water
Act, and the Department of Environmental Conservation (DEC)
oversees that program on behalf of the EPA. He said, "It has an
agreement in place to witness at least 50 percent of the tests."
He said RPL 08-2020-0105 supplements existing authorization and
provides a total of $169,200 in federal receipts for the
Underwater Injection Control Program. He said the federal
funding will offset expenditures of Alaska Oil and Gas
Conservation Commission (AOGC) receipts for the program. He
stated that the division does not see any technical problems
with RPL 08-2020-0105.
10:14:13 AM
MR. TEAL directed attention to RPL 20-2020-0050 - a request by
the Department of Corrections (DOC), "Population Management
Institution, Director's Office," for $150,000 of federal
receipts authorized for the Equitable Sharing Program, which
provides DOC with a share of assets seized during operations
when the department assists federal law enforcement agencies.
He said at the time the RPL was posted, [the Legislative Finance
Division] had several questions that had not been satisfactorily
answered. He allowed that many of the questions were out of
curiosity how the program worked. Mr. Teal suggested that the
Legislative Budget and Audit Committee members may wish to ask
questions of the director of the Division of Institutions, whom
he said was present in the room. He said the questions that
were asked highlighted the fact that the department had
requested insufficient federal authorization in the past and
left federal receipts unspent a few years ago. That issue was
addressed in the fiscal year 2020 (FY 20) program with
approximately $3 million of federal receipt authority added.
MR. TEAL said the Legislative Finance Division does not see a
sense of urgency for this RPL, because the existing receipt
authority is probably sufficient to absorb the RPL receipts;
however, he acknowledged that the Legislative Budget and Audit
Committee has sometimes "counted urgency as an important
matter." He remarked that disapproval of the RPL is unlikely to
have any impact on the department. He indicated that if the
committee were to approve the RPL, the worst-case scenario would
be that the department would have excess federal receipts, and
he said the division does not consider that to be a serious
issue. He concluded that although RPL 20-2020-0050 "may not be
strictly necessary," there is nothing wrong with it.
10:16:53 AM
REPRESENTATIVE SPOHNHOLZ observed that RPL 20-2020-0050, for the
Equitable Sharing Program, will allow for the proceeds of the
liquidated assets that have been seized by a drug dog. She
questioned why receipt authority is being sought "for something
that would be illegal to sell."
10:17:51 AM
SYLVAN ROBB, Director, Division of Administrative Services,
Department of Corrections, responded that much of the proceeds
garnered through the Equitable Sharing Program are "drug-related
monies" that the division's drug dog, named Koda, finds. She
explained that the dog is able to identify money that has been
handled by people handling drugs and money.
10:18:19 AM
REPRESENTATIVE SPOHNHOLZ asked for clarification that "we
wouldn't be selling money; we would just be, essentially,
receiving the money that was collected."
MS. ROBB confirmed that is correct.
10:18:29 AM
SENATOR VON IMHOF asked what the policy of DOC is for illegal
drugs that have been seized and whether those drugs are disposed
of without recouping costs through a secondary market; although,
she remarked that she could not imagine what kind of market that
would be.
10:19:01 AM
MS. ROBB answered that illegal drugs are not being sold. She
explained that when DOC works with federal entities, it gets "a
portion of what was found." Typically cash is found. Sometimes
weapons are found, and then the weapons are sold. The federal
agencies typically decide what is done with the contraband.
10:20:04 AM
MR. TEAL moved on to RPL 05-2020-0045 - a request by the
Department of Education and Early Development (DEED) for
[$6,507,695] in federal receipt authority to issue grants to the
Alaska Comprehensive Literacy State Development Program. The
grant will be competitive and apply to children from birth to
grade twelve, focusing on economically disadvantaged children.
He said RPL 05-2020-0045 will bring the department's total
federal authorization to just over $162 million. He said this
grant includes another $3.5 million annually through FY 24;
therefore, he anticipates "an increment for federal
authorization" in the FY 21 budget process. Further, he said he
expects the department will continue to lapse unspent federal
money. He explained the reason the department would ask for
federal money when it is lapsing is because the grant, held by
several grantees, overlaps in multiple years, and the department
is unable to predict when those monies will be spent; therefore,
the department must be prepared to release the entire grant in
any given year. He relayed that the department currently is
reviewing options to create either full-time positions,
nonpermanent positions, or to contract out to coordinate this
additional grant. He stated that no general funds are required,
and the Legislative Finance Division does not see any technical
problems with RPL 05-2020-0045.
10:22:42 AM
SENATOR VON IMHOF emphasized the importance of having a
standardized data collection system. She offered her
understanding that many school districts use [the Miller Analogy
Test] (MAT) for testing, and she said she does not know if that
is the right platform for testing the various programs that are
going into effect under grant dollars. She emphasized the
importance of seeing a growth trend in multi-year programs for
reading. She said reports show that Alaska is lagging behind
the national average. She asked whether there is a plan for
data collection so that programs can be tested for
effectiveness.
10:24:11 AM
TAMARA VAN WYNE, Director, Educator and School Excellence
Division, Department of Education & Early Development, related
that one of the requirements of the subgrantees is a data
collection and reporting system. She said data collection from
districts that get grants for literacy is specific and includes
formative and interim assessment measures. That data is
reported to DEED, so the department can look at trends and make
adjustments over the course of the five-year grant, as well as
"make best practice recommendations to other districts, as a
result of this project."
10:25:13 AM
MR. TEAL introduced RPL 18-2020-0369 - a request by the
Department of Environmental Conservation (DEC), Division of Air
Quality, requesting authorization to add the $5 million awarded
to the department by the U.S. Environmental Protection Agency
(EPA) to an FY 19 capital project to replace residential
woodstoves in the Fairbanks area with less polluting heat
sources. Mr. Teal said the two existing capital projects for
this purpose total approximately $6.5 million. He said the
Division of Legislative Finance was told that all but about
$116,000 of those prior year projects is obligated. Additional
authority is needed in order to send out the grants. Grant
awards include funding for the borough to conduct outreach and
make residents aware of the woodstove "change out" program. The
best time to conduct that outreach is during winter when people
are using their wood stoves. Waiting to request authorization
during a supplemental process would mean missing the winter
season and, thus, limiting outreach opportunities, which may
result in fewer woodstove replacements. Mr. Teal said the
division sees no technical problems with RPL 18-2020-0369.
10:27:16 AM
SENATOR STEDMAN asked whether the [Fairbanks PM2.5 Nonattainment
Area Voluntary Heating Device Change Out Program] is a
continuation of a program started several years ago or is an
attempt to switch to newer wood stoves.
10:27:50 AM
RUTH KOSTIK, Acting Director, Administrative Services,
Department of Environmental Conservation (DEC), responded that
this program is a continuation of previous programs. The first
iterations addressed the changing out of wood stoves for
"cleaner wood stoves or other devices," whereas the grants of
last year and the current year address the changing of wood
stoves to heating systems that burn "non-solid fuel," such as
oil, hot water, electricity, and natural gas. She said the
grant under RPL 18-2020-0369 can also be spent to connect houses
to a street natural gas system.
10:29:13 AM
MR. TEAL addressed RPL 25-2020-8718 - a request by the
Department of Transportation & Public Facilities (DOT&PF) for
approval to spend a million dollars to replace two fire trucks
at the Anton Anderson Memorial Tunnel ("the Whittier Tunnel").
At twenty years old, the trucks are about five years past their
useful life. Failure of fire trucks presents a risk to the
state because of tort liability. He explained that the state
has the authority to spend $12.5 million in FY 20 to cover the
cost of replacing any equipment in all executive branch
agencies, but this amount is insufficient to cover the regular
needs of the agencies, as well as the replacement of the fire
trucks. He said that revenue is available from other assets; he
indicated that there is a fence that is "fully depreciated ...
and doesn't need to be replaced for a number of years." Mr.
Teal continued:
The FY 20 budget review language for RPLs included the
highway equipment capital fund for the first time in
FY 20, and the intent of that language was to provide
an avenue for the department to access additional ...
money for replacement of essential state equipment,
and, of course, this RPL falls right in line with that
intent language, and we see no technical problem.
10:31:38 AM
REPRESENTATIVE JOHNSTON asked whether the determination
regarding usage of the [fire trucks] is based on age or "what
they're able to do."
10:32:23 AM
GORDON BURTON, Facility Manager, Anton Anderson Memorial Tunnel,
Department of Transportation & Public Facilities, answered that
consideration is given to the age of the vehicles and the
ability to service them. He said the vehicles are being used
approximately once every five years. He said no fire has been
fought in the tunnel with the current vehicles, but he implied
it would be a matter of time before such a need exists. He said
the facility would be "stepping down and readjusting to a
vehicle that's more in line with our needs." In response to a
follow-up question, he offered his understanding that the state
has a program through which other agencies are able to purchase
the older vehicles.
REPRESENTATIVE JOHNSTON stated that it seems odd that the
vehicles are barely used before they meet their age limit. She
suggested there may be other ways to spend the money.
10:34:02 AM
SENATOR STEDMAN questioned why the issue of the vehicles had not
been brought up before the Senate Finance subcommittee, chaired
by Senator Bishop, since they have been past their appreciation
schedule for five years. He said he thinks that would be a more
appropriate way of dealing with the issue.
10:35:17 AM
MR. BURTON responded that the vehicles were bought through a
capital grant, thus were not on any sort of replacement cycle.
He said the facility has been approaching the question through
its management, and "it's just now come to the surface."
SENATOR STEDMAN mentioned an issue the Alaska Marine Highway
System has with steel plates, but observed, "I don't see them in
front of us."
10:36:09 AM
SENATOR BISHOP asked for examples of the repair costs of the
fire trucks.
MR. BURTON answered that the trucks are specialized; they have
infrared sensors that allow them to travel through the tunnel in
a dark and smoky environment. He described that one truck was
without that sensor package while a package had to be
retrofitted. He mentioned switches, latches, and rail gear that
are difficult to find for the old vehicles.
10:38:04 AM
REPRESENTATIVE JOSEPHSON questioned how a legislator can know
what federal receipts were available but not talk to the
administration.
10:38:27 AM
MR. TEAL answered that the division publishes fairly detailed
reports about the authorized funding available at the allocation
level. He said, "So, you know how much was available to them;
you also would see what their actual expenditures were." Seeing
an entity get close to allowed expenditures would indicate that
that entity may be needing RPLs or increased federal
authorization in order to avoid coming to the Legislative Budget
and Audit Committee. As remarked upon by Senator Stedman, he
said legislators sometime prefer that these issues are brought
before the Finance committees to be discussed more fully. In
the case of DOC, he said it would be difficult for the
Legislative Finance Division or legislators to tell "where they
are" if DOC is not requesting federal authorization, because
when it's not requested, it is not spent and, thus, does not
show up in expenditure reports; therefore, the authorization on
the books may appear sufficient. He said that is what happened
in the FY 20 budget cycle, when federal receipts were left
unclaimed. That problem has been addressed, he said, with the
addition of $3 million in federal receipts. He concluded that
there is no easy way for the legislature to see what is going
on. The only way to spot the problems is through detailed
discussions in subcommittee.
REPRESENTATIVE JOSEPHSON said he sees Mr. Teal's point in terms
of existing programs, lapsed funds, and existing items.
However, he said there are one-time opportunities an agency
could seek, and he asked Mr. Teal to comment on that.
MR. TEAL offered an example of a one-time grant given to DEED
through a Rasmuson Foundation grant. This was given three or
four consecutive years. Finally, DEED - hoping the grants would
continue - determined to get them out of the purview of the
Legislative Budget and Audit Committee and put them into the
budget. He said sometimes it takes a few years of "one-time
needs for money" before it is recognized as more than a one-time
need.
10:42:24 AM
SENATOR BISHOP asked Mr. Burton whether he would be deducting
annual rent from the tunnel receipts going forward for
replacement of the trucks in the future.
10:42:58 AM
MR. BURTON confirmed that is the intent.
10:43:03 AM
CHAIR TUCK observed that the operations of the Anton Anderson
Memorial Tunnel are contracted, and he asked whether that
contractor is also responsible for the operation of the fire
trucks.
MR. BURTON answered yes, in terms of the operation of the fire
trucks, but not the maintenance.
CHAIR TUCK asked whether the other vehicles, such as pickup
trucks, are state-owned or owned by the private contractor.
MR. BURTON answered that the state owns a grader, a blower, and
some pickup trucks. He added that the pickup truck that the
contractor uses on site belongs to the contractor.
CHAIR TUCK asked out of which fund did the monies come for
replacement of the fencing.
MR. BURTON answered from the toll receipts. He described the
fence as "a geo-tech net that goes into the crown to control for
rock." He said work is being done that will result in an
extension of the crown fencing, but "at this point it's not
determined."
10:45:06 AM
SENATOR BISHOP made a motion that the Legislative Budget and
Audit Committee approve the following RPLs: RPL 08-2020-0105,
U.S. EPA Multipurpose Grant; RPL 20-2020-0050, Equitable Sharing
Program; RPL 05-2020-0045, Alaska Comprehensive Literacy State
Development Program; RPL 18-2020-0369, Fairbanks PM2.5
Nonattainment Area Voluntary Heating Device Change Out Program;
and RPL 25-2020-8718, Whittier Tunnel Fire Truck Replacement.
There being no objection, it was so ordered.
^EXECUTIVE SESSION
EXECUTIVE SESSION
10:45:58 AM
CHAIR TUCK announced the next order of business would be
executive session.
10:46:03 AM
SENATOR BISHOP made a motion that the Legislative Budget and
Audit Committee go into executive session under Uniform Rule
22(b)(3) discussion of matters that may, by law, be required to
be confidential. He asked that the following persons remain in
the room or on the phone: the legislative auditor and necessary
staff to the auditor; any legislators not on the committee;
staff for legislators that are on the committee; and David Teal.
There being no objection, it was so ordered.
10:46:41 AM
The committee took an at-ease from 10:46 a.m. to 12:44 p.m. for
the purpose of the executive session.
12:44:20 PM
CHAIR TUCK called the Legislative Budget and Audit Committee
meeting back to order at 12:44 p.m. Present at the call back to
order were Representatives Josephson, Foster, Spohnholz,
Johnston (alternate), and Tuck and Senators von Imhof, Stedman,
Giessel, Hoffman, and Bishop. Also in attendance were
Representative Edgmon and Senator Coghill.
^PRELIMINARY AUDIT RELEASE
PRELIMINARY AUDIT RELEASE
12:44:32 PM
SENATOR BISHOP made a motion that the Legislative Budget and
Audit Committee release the following preliminary audits to the
agencies for response: Department of Natural Resources, Alaska
Seismic Hazards Safety Commission sunset audit; Department of
Corrections, Board of Parole sunset audit; Department of
Commerce, Community & Economic Development, Medical Board sunset
audit; and Alaska Department of Fish & Game, Board of Game
Regulatory Process special audit. There being no objection, it
was so ordered.
^TUSTUMENA AUDIT REQUEST APPROVED FEBRUARY 2014
TUSTUMENA AUDIT REQUEST APPROVED FEBRUARY 2014
12:45:10 PM
SENATOR BISHOP made a motion that the Legislative Budget and
Audit Committee terminate the Tustumena Overhaul and
Refurbishment audit, which was approved by the committee
February 2014.
12:45:20 PM
CHAIR TUCK objected for the purpose of discussion. He requested
that Ms. Curtis give a brief overview of a memorandum for the
benefit of the public.
12:45:36 PM
MS. CURTIS paraphrased the memorandum she had sent on October
22, 2019, which read as follows [original punctuation provided]:
During the October 31 , 2019, Legislative Budget and
Audit meeting, I will be asking for guidance regarding
the Tustumena audit request, which was approved by the
committee on February 25, 2014. Specifically, I will
be asking whether committee members want Legislative
Audit to expend resources to address the request or
whether the audit request should be terminated. A copy
of the audit request is attached to this memo.
Background
The M/V Tustumena began its 2012 annual refurbishment
and overhaul in October 2012. Completion of the
project was delayed and the vessel did not return to
service for over a year. As a result, ferry service
to/from many Alaskan communities was disrupted.
Representative Austerman requested an audit to examine
the Department of Transportation and Public
Facilities' management of the project (see attached
audit request).
The committee considered the audit request with the
knowledge that the State and the contractor would
likely enter into litigation. Generally, at issue was
the contractor's substandard workmanship, requiring
repairs which extended the contract deadline for
completion from June to October 2013. The State
assessed fines on the contractor who performed the
refurbishment and overhaul due to non-performance. The
contractor disputed the non-performance fines and
asked for additional compensation due to the high
number of change orders. The Legislative Budget and
Audit Committee approved the audit request with the
knowledge that it would not begin until related
litigation was completed.
The State and the contractor settled the litigation in
January 2017. The audit did not proceed after the
litigation ended due to competing priorities, mainly
the lack of audit resources due to the implementation
of the State's new accounting system.
Continue Audit, Alter Audit Request, or Terminate
Audit
Given that over five years have passed since the
request was approved, I would like confirmation from
the committee that we should move forward with the
audit. I would also like to give the committee an
opportunity to alter the audit request to ensure the
request addresses the committee's current concerns.
12:47:09 PM
CHAIR TUCK removed his objection. There being no further
objection, the termination of the audit was so ordered.
12:47:29 PM
ADJOURNMENT
There being no further business before the committee, the
Legislative Budget and Audit Committee meeting was adjourned at
12:47 p.m.
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