Legislature(2013 - 2014)ANCH LIO Rm 220


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Audio Topic
01:32:49 PM Start
01:34:22 PM Approval of Minutes
01:35:36 PM Revised Program - Legislative (rpls)
01:43:14 PM Executive Session
03:30:30 PM Release of Audits
03:31:59 PM Other Committee Business
03:52:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Call to Order
Approval of Minutes
DEED - Harper Arts Touring Program
DMVA - National Guard Counterdrug Support
AUDITS - Executive Session - Sunset Reviews -
Preliminary Release of the following:
-Dept. of Commerce,Community, & Economic Develop:
Regulatory Commission of Alaska
Chiropractic Examiners
Marital and Family Therapy
Examiners in Optometry
Physical Therapy & Occupational Therapy
Certified Real Estate Appraisers
-Dept. of Public Safety:
Domestic Violence and Sexual Assault
-Dept. of Health and Social Services:
Alaska Health Care Commission
-Dept. of Natural Resources:
Agriculture Revolving Loan Fund - Select Issues
-State of Alaska Single Audit for the Fiscal Year
Ended June 30, 2012 - Final Rerelease
Alaska Regional Development Organizations(ARDOR)
audit request
Performance Review Subcommittee
-- Teleconference --
(Live streamed on AlaskaLegislature.TV)
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                       Anchorage, Alaska                                                                                        
                        August 22, 2013                                                                                         
                           1:32 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Anna Fairclough, Chair                                                                                                  
Representative Mike Hawker, Vice Chair                                                                                          
Senator Kevin Meyer (via teleconference)                                                                                        
Senator Click Bishop                                                                                                            
Senator Cathy Giessel                                                                                                           
Representative Alan Austerman                                                                                                   
Representative Bob Herron                                                                                                       
Representative Andy Josephson                                                                                                   
Senator Mike Dunleavy (alternate)                                                                                               
Representative Scott Kawasaki (alternate) (via teleconference)                                                                  
MEMBERS ABSENT                                                                                                                
Senator Donald Olson                                                                                                            
Representative Kurt Olson                                                                                                       
Representative Bill Stoltze (alternate)                                                                                         
COMMITTEE CALENDAR                                                                                                            
APPROVAL OF MINUTES                                                                                                             
REVISED PROGRAM - LEGISLATIVE (RPLs)                                                                                            
EXECUTIVE SESSION                                                                                                               
RELEASE OF AUDITS                                                                                                               
OTHER COMMITTEE BUSINESS                                                                                                        
PREVIOUS COMMITTEE ACTION                                                                                                     
No previous action to record                                                                                                    
WITNESS REGISTER                                                                                                              
DAVID TEAL, Legislative Fiscal Analyst                                                                                          
Legislative Finance Division                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information regarding RPL 05-04-                                                                
0012 and RPL 09-4-0020.                                                                                                         
SUSAN COLLIGAN, Director                                                                                                        
Administrative Services Division                                                                                                
Department of Military & Veterans' Affairs (DMVA)                                                                               
Fort Richardson, Alaska                                                                                                         
POSITION STATEMENT:   Responded  to a question  during discussion                                                             
of RPL 09-4-0020.                                                                                                               
KRISTIN CURTIS                                                                                                                  
Legislative Auditor                                                                                                             
Division of Legislative Audit                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     Provided   information  regarding   the                                                             
performance reviews of state departments as required by HB 30.                                                                  
ACTION NARRATIVE                                                                                                              
1:32:49 PM                                                                                                                    
CHAIR  ANNA FAIRCLOUGH  called the  Legislative Budget  and Audit                                                             
Committee meeting to  order at 1:32 p.m.  Present  at the call to                                                               
order  were  Senators  Fairclough,  Meyer  (via  teleconference),                                                               
Bishop,  and  Giessel,  and  Representatives  Austerman,  Herron,                                                               
Josephson,   Kawasaki  (alternate)   (via  teleconference),   and                                                               
Hawker.  Senator Dunleavy (alternate)  arrived as the meeting was                                                               
in progress.                                                                                                                    
^Approval of Minutes                                                                                                            
                      Approval of Minutes                                                                                   
1:34:22 PM                                                                                                                    
CHAIR FAIRCLOUGH  referred to the  first order of  business, that                                                               
being the approval of the minutes.                                                                                              
1:34:27 PM                                                                                                                    
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
April 6, 2013.                                                                                                                  
CHAIR FAIRCLOUGH  objected, and  noted that those  minutes should                                                               
be corrected  throughout with  regard to  Representative Hawker's                                                               
title.    She   asked,  therefore,  that  those   minutes  be  so                                                               
corrected, and received confirmation that they would be.                                                                        
1:35:30 PM                                                                                                                    
CHAIR  FAIRCLOUGH  then  ascertained  that there  were  no  other                                                               
objections, and  announced that the  minutes from the  meeting of                                                               
April 6, 2013, were approved.                                                                                                   
^Revised Program - Legislative (RPLs)                                                                                           
              Revised Program - Legislative (RPLs)                                                                          
1:35:36 PM                                                                                                                    
CHAIR FAIRCLOUGH announced that the  next order of business would                                                               
be consideration of the Revised Program - Legislative (RPLs).                                                                   
1:35:45 PM                                                                                                                    
DAVID  TEAL,  Legislative  Fiscal  Analyst,  Legislative  Finance                                                               
Division,  Alaska State  Legislature, directed  attention to  RPL                                                               
05-04-0012,  Department  of   Education  and  Early  Development,                                                               
Harper Arts Touring Program and  Youth Cultural Heritage Program.                                                               
He explained  that the  Alaska State Council  on the  Arts (ASCA)                                                               
and the Department  of Education and Early  Development (EED) are                                                               
requesting  the  authority to  receive  and  spend an  additional                                                               
$160,000  in  statutory  designated  program  receipts  from  the                                                               
Rasmuson Foundation  in order to  continue the  administration of                                                               
the  Harper Arts  Touring Program  and begin  a new  program, the                                                               
Youth Cultural  Heritage Program.   Two  previously-approved RPLs                                                               
addressing this  same purpose are  included in  members' packets,                                                               
and if the  current request is approved, the funding  for the two                                                               
programs would  be increased from  $220,000 to $380,000  in 2014.                                                               
There would be  no general fund (GF) match  required, there would                                                               
be no  new positions,  and there are  no technical  problems with                                                               
the  RPL.   In  response  to a  question,  he  indicated that  no                                                               
matching funds would be required.                                                                                               
1:37:42 PM                                                                                                                    
REPRESENTATIVE HAWKER  made a motion  to approve  RPL 05-04-0012.                                                               
There being no objection, RPL 05-04-0012 was approved.                                                                          
1:38:18 PM                                                                                                                    
MR. TEAL then  referred to RPL 09-4-0020,  Department of Military                                                               
&  Veterans' Affairs,  National  Guard  Counterdrug Support,  and                                                               
explained  that the  Department of  Military &  Veterans' Affairs                                                               
(DMVA)  is  requesting  the  authority  to  receive  $150,000  in                                                               
[additional] federal  receipts -  related to  a fiscal  year 2013                                                               
(FY  13)  capital  project  -   for  the  DMVA's  National  Guard                                                               
Counterdrug Support  program.  The federal  government seizes and                                                               
sells assets  from drug traffickers  and the proceeds  are shared                                                               
with  organizations  participating  in  the  U.S.  Department  of                                                               
Justice's  (DOJ's) Asset  Forfeiture Program,  organizations such                                                               
as  Alaska's  DMVA.    This   funding  supports  law  enforcement                                                               
agencies   in   drug   enforcement  operations,   training   drug                                                               
enforcement   officers,  and   providing  community-based   drug-                                                               
awareness programs.   There  are no  technical problems  with the                                                               
1:39:32 PM                                                                                                                    
REPRESENTATIVE HAWKER questioned whether  approving the RPL would                                                               
result  in  [a violation]  of  the  federal Posse  Comitatus  Act                                                               
(PCA).   He  related  that the  use of  U.S.  military forces  to                                                               
enforce civil law is generally not an allowable activity.                                                                       
MR. TEAL relayed  that there has been a capital  project for such                                                               
purposes  for a  number  of  years, generally  in  the amount  of                                                               
$100,000  per year.   Again,  such funding  is used  in part  for                                                               
training  drug  enforcement  officers, and  providing  community-                                                               
based drug-awareness programs.                                                                                                  
1:41:26 PM                                                                                                                    
SUSAN  COLLIGAN,  Director,   Administrative  Services  Division,                                                               
Department of Military & Veterans'  Affairs (DMVA), added that as                                                               
far  as she  is  aware,  there would  be  no  such problems  with                                                               
approving the RPL,  but she would research the  issue further for                                                               
the  committee.   The DMVA  has been  participating in  the DOJ's                                                               
Asset Forfeiture  Program since  1999, and  the funding  has been                                                               
used  for  educational  programs  within  the  schools,  and  for                                                               
providing support to law enforcement agencies.                                                                                  
REPRESENTATIVE HAWKER indicated that his concern was satisfied.                                                                 
1:42:45 PM                                                                                                                    
REPRESENTATIVE  HAWKER made  a motion  to approve  RPL 09-4-0020.                                                               
There being no objection, RPL 09-4-0020 was approved.                                                                           
^Executive Session                                                                                                              
                       Executive Session                                                                                    
1:43:14 PM                                                                                                                    
CHAIR FAIRCLOUGH announced that the  committee would next go into                                                               
executive session.                                                                                                              
REPRESENTATIVE HAWKER made a motion  to move to executive session                                                               
under Uniform Rule 22 for  the purpose of discussing confidential                                                               
audit reports under AS 24.20.301.   There being no objection, the                                                               
committee went into executive session at 1:44 p.m.                                                                              
3:30:16 PM                                                                                                                    
CHAIR  FAIRCLOUGH   called  the  Legislative  Budget   and  Audit                                                               
Committee back  to order at 3:29  p.m.  Present at  the call back                                                               
to order were Senators Fairclough,  Bishop, Giessel, and Dunleavy                                                               
(alternate),  and Representatives  Austerman, Herron,  Josephson,                                                               
and Kawasaki (alternate) (via teleconference).                                                                                  
^Release of Audits                                                                                                              
                       Release of Audits                                                                                    
3:30:30 PM                                                                                                                    
SENATOR GIESSEL made  a motion for the final audit  report of the                                                               
State of Alaska, single audit for  the fiscal year ended June 30,                                                               
2012,  to  be  re-released  to   the  public.    There  being  no                                                               
objection, it was so ordered.                                                                                                   
3:30:56 PM                                                                                                                    
SENATOR  GIESSEL  made a  motion  for  the following  preliminary                                                               
audits to  be released  to the  appropriate agency  for response:                                                               
Department  of  Commerce,  Community  &  Economic  Development  -                                                               
Regulatory  Commission of  Alaska, sunset  review; Department  of                                                               
Commerce,   Community  &   Economic   Development   -  Board   of                                                               
Chiropractic  Examiners, sunset  review; Department  of Commerce,                                                               
Community &  Economic Development -  Board of Marital  and Family                                                               
Therapy,  sunset  review;  Department of  Commerce,  Community  &                                                               
Economic Development  - Board of  Examiners in  Optometry, sunset                                                               
review; Department of Commerce,  Community & Economic Development                                                               
- State  Physical Therapy and Occupational  Therapy Board, sunset                                                               
review; Department of Commerce,  Community & Economic Development                                                               
-  Board  of Certified  Real  Estate  Appraisers, sunset  review;                                                               
Department of  Public Safety -  Council on Domestic  Violence and                                                               
Sexual Assault,  sunset review; Department  of Health  and Social                                                               
Services  - Alaska  Health Care  Commission,  sunset review;  and                                                               
Department  of Natural  Resources  -  Agriculture Revolving  Loan                                                               
Fund,   select   issues.     There   being   no  objection,   the                                                               
aforementioned   preliminary   audits   were  released   to   the                                                               
appropriate agency for response.                                                                                                
^Other Committee Business                                                                                                       
                    Other Committee Business                                                                                
3:31:59 PM                                                                                                                    
CHAIR FAIRCLOUGH  relayed that  the first  issue to  be addressed                                                               
under other committee business relates  to a previous request for                                                               
a special audit of the  Alaska Regional Development Organizations                                                               
(ARDORs) program.                                                                                                               
3:32:13 PM                                                                                                                    
KRISTIN  CURTIS,  Legislative  Auditor, Division  of  Legislative                                                               
Audit, Alaska State Legislature,  explained that an audit request                                                               
for the  ARDORs program  was approved at  an earlier  meeting but                                                               
the ARDOR  program was  not extended and  thus no  longer exists.                                                               
At  issue,   therefore,  is  whether  the   committee  wishes  to                                                               
terminate that particular audit request.                                                                                        
CHAIR  FAIRCLOUGH  offered  her understanding  that  the  audit's                                                               
requester has  indicated she  would be  amenable to  whatever the                                                               
committee decided.                                                                                                              
3:33:01 PM                                                                                                                    
REPRESENTATIVE AUSTERMAN  inquired as to  when a report  would be                                                               
available were the audit to proceed.                                                                                            
MS. CURTIS  reminded the committee  that the intent of  the audit                                                               
was  to  review the  program.    Therefore,  the audit  would  be                                                               
started next  year and with  something available for  the session                                                               
after that.  She recalled that  the thought had been to provide a                                                               
three-year extension, which would be  enough time to consider the                                                               
audit results.   Since there is  no program to audit,  Ms. Curtis                                                               
was unsure as  to whether the division could perform  an audit as                                                               
originally envisioned.                                                                                                          
REPRESENTATIVE AUSTERMAN  pointed out,  however, that if  the old                                                               
program was audited,  then there would be something  to audit. He                                                               
related  his   understanding  that  there  will   be  efforts  to                                                               
reinstate  the program,  and therefore  the  information from  an                                                               
audit of the old ARDOR program would be good to have in January.                                                                
MS. CURTIS acknowledged  that the old program  could be reviewed.                                                               
Since   there  was   much  testimony,   the  concerns   could  be                                                               
identified,  including the  charge that  some agencies  were more                                                               
productive than others  in the type of information  being used to                                                               
award a grant.  The  audit, however, wouldn't be available during                                                               
the next session but rather the session after that.                                                                             
3:35:07 PM                                                                                                                    
REPRESENTATIVE  HERRON  questioned   why  the  committee  doesn't                                                               
suspend the  request for  now and  then see  what happens  in the                                                               
next session.                                                                                                                   
MS.  CURTIS characterized  Representative Herron's  suggestion as                                                               
reasonable, particularly  since terminating  an audit  request is                                                               
CHAIR FAIRCLOUGH  suggested that it  would also be  reasonable to                                                               
withdraw  what  is  before  the   committee  today  so  that  the                                                               
committee knows  what is out there,  unless there is a  desire to                                                               
instead  review the  situation retrospectively.    To review  the                                                               
situation retrospectively  would be  an amendment to  the current                                                               
request, she noted.                                                                                                             
3:35:55 PM                                                                                                                    
REPRESENTATIVE  JOSEPHSON   asked  whether  an  audit   could  be                                                               
completed by  January 2015  if the ARDORs  were reinstated.   He,                                                               
too,  noted  that  he  has   heard  anecdotally  of  interest  in                                                               
reinstating the ARDORs.   If the ARDORs aren't  funded until July                                                               
2014, at  the earliest,  then there wouldn't  have been  too much                                                               
time wasted.                                                                                                                    
MS.  CURTIS said  that  if the  ARDORs are  funded  and begin  to                                                               
operate in July, the situation would be  the same as it is now in                                                               
that  it   would  really  be   a  retrospective  review   of  the                                                               
organization.   The  division wouldn't  be able  to evaluate  the                                                               
results of  any new change.   She acknowledged, however,  after a                                                               
look  back there  could be  a determination  as to  whether there                                                               
were any  new changes made to  the program and whether  they were                                                               
3:37:35 PM                                                                                                                    
REPRESENTATIVE HERRON opined that  the chance of ARDORs returning                                                               
is very good,  and therefore he requested  suspending the request                                                               
until further notice.                                                                                                           
3:38:14 PM                                                                                                                    
CHAIR FAIRCLOUGH related her understanding  that some ARDORs have                                                               
more funding  resources from entities  outside of the  state, and                                                               
thus  there  will be  ARDORs  that  struggle without  the  state.                                                               
Chair Fairclough noted that folks were nodding in agreement.                                                                    
REPRESENTATIVE  JOSEPHSON   relayed  that  the   Alaska  Economic                                                               
Development Corporation (AEDC) is one such ARDOR.                                                                               
3:39:06 PM                                                                                                                    
CHAIR  FAIRCLOUGH related  her understanding  that the  committee                                                               
wishes to  keep Ms. Curtis on  task with regard to  being able to                                                               
provide   the  committee   with   information   in  the   future.                                                               
Therefore, she inquired as to  whether Ms. Curtis could offer any                                                               
language  to modify  the audit  request in  order to  compare the                                                               
various ARDORs.                                                                                                                 
MS. CURTIS  relayed that the  division could change  the language                                                               
of the  audit request  such that  it looks  more retrospectively.                                                               
This audit  isn't going to  be started  for six to  eight months,                                                               
which  is  quite a  bit  of  time  during which  something  could                                                               
happen.   At the  time the  audit request is  to be  started, the                                                               
language can again  be reviewed to determine how to  proceed.  In                                                               
fact,  she suggested  that rather  than making  changes now,  the                                                               
changes could be made closer to the start date of the audit.                                                                    
3:40:56 PM                                                                                                                    
CHAIR  FAIRCLOUGH  mentioned  that  the  committee  will  have  a                                                               
meeting in  October, and thus  the committee could work  with the                                                               
original audit requester  between now and October.   To that end,                                                               
the  committee  agreed to  consider  the  issue in  October,  she                                                               
3:41:43 PM                                                                                                                    
CHAIR FAIRCLOUGH  relayed that the  second issue to  be addressed                                                               
under   other   committee   business  relates   to   subcommittee                                                               
The committee took a brief at-ease.                                                                                             
[Contains discussion of HB 30.]                                                                                                 
3:42:30 PM                                                                                                                    
CHAIR  FAIRCLOUGH   turned  the  committee's  attention   to  the                                                               
Subcommittee  on Performance  Review, which  is necessary  due to                                                               
the work  the Legislative Budget  and Audit Committee  was tasked                                                               
with  as  a result  of  HB  30.   She  inquired  as to  what  the                                                               
subcommittee might do.                                                                                                          
3:43:02 PM                                                                                                                    
MS. CURTIS explained  that HB 30 requires  performance reviews of                                                               
every state  department over a 10-year  span of time.   The first                                                               
performance  review is  the Department  of Corrections  (DOC) and                                                               
it's already  behind schedule.   The Subcommittee  on Performance                                                               
Review is  tasked with approving  the scope of the  review, which                                                               
must occur prior to a request  for proposals (RFP) for experts to                                                               
lead  the review  team.   Therefore,  some form  of structure  is                                                               
necessary in  order to review  the proposed scope, which  will be                                                               
the  main purpose  of the  subcommittee.   Also, the  Legislative                                                               
Budget and Audit  Committee handbook must be amended  in order to                                                               
establish  formal  procedures related  to  how  to conduct  these                                                               
reviews, including  the report process.   Currently, the division                                                               
is in the process of drafting  - with the assistance of the prior                                                               
legislative auditor - the formal procedures  for HB 30.  Over the                                                               
next month,  she explained, that  the draft scope  and procedures                                                               
need to be reviewed in order to  take them up at the next meeting                                                               
in October.  Upon completion  of the aforementioned, the division                                                               
hopes to put out  an RFP enabling the review team  to be in place                                                               
and working  by the beginning  of the  next year.   She explained                                                               
that  [the subcommittee]  needs to  have its  reports drafted  by                                                               
September and released  in December since the reports  have to be                                                               
provided  to  the   chairs  of  the  House   and  Senate  Finance                                                               
Committees a week or two prior  to the beginning of session.  The                                                               
hope is to establish a process  by which the division can perform                                                               
the work, which  is all new work, and start  earlier for the next                                                               
3:45:38 PM                                                                                                                    
REPRESENTATIVE   AUSTERMAN  inquired   as  to   how  Ms.   Curtis                                                               
prioritizes the audits.   He further inquired as  to whether [the                                                               
division] is mandated by regulation or statute.                                                                                 
MS.  CURTIS  related her  approach  that  audits  and HB  30  are                                                               
separate  and  different matters  because  HB  30 reviews  aren't                                                               
audits,  aren't connected  to standards,  and won't  use auditing                                                               
staff.  The  division has hired an individual who  will lead this                                                               
process and  with whom Ms. Curtis  will work to draft  the scope.                                                               
With  regard to  prioritizing, Ms.  Curtis pointed  out that  the                                                               
statue drives  and guides  all of  the division's  work.   On the                                                               
audit  side, the  Comprehensive  Annual  Financial Report  (CAFR)                                                               
that needs  to be  audited with  an opinion  out by  December 15.                                                               
Therefore, the CAFR is the  priority.  She informed the committee                                                               
that there  is a federal  requirement for  a single audit  by the                                                               
end of March and then  the sunset audits are statutorily required                                                               
to  be complete.   When  the division  has resources  it performs                                                               
special audit requests, which she  characterized as the lowest on                                                               
the priority  list.  She  pointed out  that HB 30  is statutorily                                                               
driven in terms of the timeline.                                                                                                
REPRESENTATIVE AUSTERMAN  recalled a  presentation by  New Mexico                                                               
regarding  its  audit  system  at the  recent  Council  of  State                                                               
Governments (CSG).   The New  Mexico [audit system]  focused more                                                               
on the savings  in dollars for the state.   He expressed interest                                                               
in having  such a conversation  at the upcoming  October meeting.                                                               
Representative Austerman expressed  his concern with underfunding                                                               
the Division of Audit because of the requirements in place.                                                                     
3:49:35 PM                                                                                                                    
CHAIR  FAIRCLOUGH   appointed  the   following  members   to  the                                                               
Subcommittee on Performance Review:   Senator Fairclough, Senator                                                               
Bishop,   Representative  Hawker,   Representative  Herron,   and                                                               
Representative  Kawasaki.    Upon   a  poll  she  determined  the                                                               
willingness  of  the appointed  members  to  the subcommittee  in                                                               
attendance,  and noted  she had  also spoken  with Representative                                                               
Hawker who is willing  to serve as well.    She then informed the                                                               
committee that the release of  documents for review will occur at                                                               
the October  meeting.   There was  then discussion  regarding the                                                               
date of the next meeting.                                                                                                       
3:52:25 PM                                                                                                                    
There  being  no  further  business  before  the  committee,  the                                                               
Legislative Budget  and Audit Committee meeting  was adjourned at                                                               
3:52 p.m.                                                                                                                       

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