Legislature(1995 - 1996)

03/07/1996 03:10 PM House ITT

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   HOUSE SPECIAL COMMITTEE ON                                  
                INTERNATIONAL TRADE AND TOURISM                                
                         March 7, 1996                                         
                           3:10 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Beverly Masek, Chairman                                        
 Representative Alan Austerman, Vice Chairman                                  
 Representative Jeannette James                                                
 Representative Brian Porter                                                   
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Pete Kott                                                      
 Representative Irene Nicholia                                                 
 Representative Caren Robinson                                                 
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 LEGISLATIVE AUDIT REPORT ON AK TOURISM MARKETING COUNCIL BY RANDY           
 WELKER                                                                        
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 No previous action to record.                                                 
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 RANDY WELKER, Legislative Auditor                                             
 Legislative Audit Division                                                    
 Legislative Affairs Agency                                                    
 P.O. Box 113300                                                               
 Juneau, Alaska  99811-3300                                                    
 Telephone:  (907) 465-3830                                                    
 POSITION STATEMENT:  Reviewed Audit Report on Alaska Tourism                  
 Marketing Council                                                             
                                                                               
 DANE LARSEN, Legislative Auditor                                              
 Legislative Audit Division                                                    
 Legislative Affairs Agency                                                    
 3305 Arctic Boulevard, Suite 101                                              
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 561-1445                                                    
 POSITION STATEMENT:  Reviewed Audit Report on Alaska Tourism                  
 Marketing Council                                                             
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-01, SIDE A                                                            
 Number 0005                                                                   
                                                                               
 The House Special Committee on International Trade & Tourism was              
 called to order by Chair Beverly Masek at 3:10 p.m.  Members                  
 present at the call to order were Representatives Masek and Porter.           
 Members absent were Representatives Austerman, James, Kott,                   
 Nicholia, and Robinson.  Chair Masek stated other members would               
 arrive later, as they were attending a Community and Regional                 
 Affairs Committee meeting.                                                    
                                                                               
 Number 0024                                                                   
                                                                               
 CHAIR BEVERLY MASEK announced the committee would hear a                      
 presentation by Mr. Randy Welker, Legislative Audit Agency,                   
 concerning the Alaska Tourism Marketing Council (ATMC).  She                  
 mentioned the amount of time the committee had spent examining the            
 state's approach to tourism marketing.  Last year, the committee              
 heard testimony from the ATMC, the Alaska Visitor's Association               
 (AVA), and the Department of Commerce and Economic Development                
 (DCED).  The committee also heard testimony from large and small              
 businesses throughout the state and from representatives of the               
 advertising industry on how to use an alternative media approach in           
 marketing Alaska.  Chair Masek emphasized the most common complaint           
 heard by the committee was that smaller businesses feel they are              
 being left out of the marketing picture.                                      
                                                                               
 CHAIR MASEK stated the committee needs to find ways to reach out to           
 all business owners throughout the state who deal in tourism.  She            
 said the committee needs to examine Mr. Welker's report with an eye           
 to see what can be done to shape up the tourism industry within the           
 state.  Chair Masek called Mr. Welker to the table.                           
                                                                               
 Number 0071                                                                   
                                                                               
 MR. RANDY WELKER, Legislative Auditor, Legislative Audit Division,            
 Legislative Affairs Agency, explained the Legislative Audit Report            
 on the Alaska Tourism Marketing Council, currently before the                 
 committee, was a sunset report.  The report is required by law to             
 be performed by the Legislative Audit Division on all boards and              
 commissions which are subject to the sunset laws of the state of              
 Alaska.  These are boards and commissions whose existence                     
 terminates automatically on a certain date, unless extended by the            
 legislature.                                                                  
                                                                               
 REPRESENTATIVE JEANNETTE JAMES arrived, 3:13 p.m.                             
                                                                               
 Number 0143                                                                   
                                                                               
 MR. WELKER explained that this is the second sunset audit performed           
 on the ATMC, and that both reports have recommended continuing the            
 existence of the ATMC.  The current report recommends extension of            
 the ATMC until June 30, 2001.                                                 
 REPRESENTATIVE ALAN AUSTERMAN arrived at 3:14 p.m..                           
                                                                               
 MR. WELKER explained the sunset statute mandates a variety of                 
 criteria for reviewing the status of sunset agencies.  The scope of           
 the review is broad, allowing for flexibility in the audit process.           
 He stated the Legislative Audit Division has concluded that the               
 ATMC is operating in the public's best interest.  However, the                
 audit report makes a series of recommendations regarding statutory            
 and compliance matters which need to be addressed.                            
                                                                               
 Number 0258                                                                   
                                                                               
 MR. WELKER stated the Report's first recommendation is that the               
 Department of Commerce and Economic Development (DCED) should                 
 ensure that the joint relationship between the DCED and AVA is in             
 compliance with Alaska's statutes and constitution.  He explained             
 that the Division of Legal Services' Counsel found several                    
 provisions in the joint agreement between DCED and AVA which are in           
 violation of the Alaska Constitution and the Alaska Statutes.  For            
 instance, the current agreement between the AVA and ATMC allows the           
 AVA to generate revenues through the sale of mailing labels and               
 promotional space in its mailer.  Statute provides that the AVA may           
 deduct the expense of doing so, and that the balance is to be                 
 remitted to the state.  The audit report questions this procedure,            
 because those funds should be subject to the Executive Budget Act.            
                                                                               
 MR. WELKER provided several examples of similar situations, such as           
 the Department of Fish and Game license sales, where the                      
 commissions, paid to agents selling licenses, are deducted before             
 the revenues are remitted to the state treasury.  He explained                
 that, particularly in view of the current budget situation, it is             
 important that the legislature be aware of all such financial                 
 questions.  For example, the Department of Motor Vehicles is                  
 currently discussing the possibility of allowing the public to pay            
 licensing fees with credit cards.  While this may sound like a                
 convenience to the public, there is a potential financial loss to             
 the state because of the bank fees that must be paid.  The audit              
 division believes these types of items should be contained in the             
 state budget, so that the legislature and the public will be aware            
 of the cost.  From this perspective, the division questions the               
 practice of allowing the AVA to deduct expenses before funds are              
 transferred to the state treasury.                                            
                                                                               
 MR. WELKER said that Sub-recommendation B of the report states the            
 DCED commissioner should ensure that all funds collected by the AVA           
 under the joint agreement are deposited monthly with the state.               
 Sub-recommendation C states the joint agreement between DCED and              
 AVA should be subject to the provisions of the state procurement              
 code.                                                                         
                                                                               
 MR. WELKER explained the report's second major recommendation is              
 that the ATMC continue to identify and propose new means of funding           
 its operating budget.                                                         
                                                                               
 Number 0263                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER asked if the types of recommendations             
 made in this report were developing into a universal fix.                     
                                                                               
 MR. WELKER replied that such recommendations would be targeted at             
 specific agencies and programs, as they were identified in the                
 course of financial audits.                                                   
                                                                               
 Number 0281                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES asked if an appropriation for the              
 cost of collecting  fees, such as the Department of Fish and Game             
 licenses, could be made by the legislature.                                   
                                                                               
 MR. WELKER reiterated that, for accounting purposes, such fees                
 would be considered revenue, but the cost could be appropriated by            
 the legislature.                                                              
                                                                               
 Number 0293                                                                   
                                                                               
 REPRESENTATIVE JAMES then questioned whether a similar process                
 could be followed with the AVA funds.                                         
                                                                               
 MR. WELKER responded that an appropriation for the expenses, which            
 are now being removed from the revenue, would address the concern.            
 However, the monies collected above and beyond the expenses would             
 still be a concern.  He reiterated that the costs must be                     
 identified somewhere within the budget.                                       
                                                                               
 Number 0311                                                                   
                                                                               
 MR. WELKER continued his report.  He again stated that                        
 Recommendation Number 2 deals with the funding source of ATMC.                
                                                                               
 Number 0334                                                                   
                                                                               
 MR. WELKER explained that the audit division replied on a legal               
 opinion prepared by Tamara Cook, Division of Legal Services, in               
 making its recommendations.                                                   
                                                                               
 Number 0342                                                                   
                                                                               
 REPRESENTATIVE JAMES mentioned her concern over the dedicated fund            
 issue and stated that she was pleased it was brought to the                   
 committee's attention.                                                        
                                                                               
 MR. WELKER responded it was not always a cut and dried matter.                
 Legal considerations differ, depending upon the type of funds                 
 involved.                                                                     
 REPRESENTATIVE JAMES noted the timeliness of the issue.                       
                                                                               
 Number 0378                                                                   
                                                                               
 REPRESENTATIVE PORTER asked about the recommendation that the                 
 industry increase its share of expenses.                                      
                                                                               
 MR. WELKER responded that the AVA was critical of that                        
 recommendation.  The budget for ATMC was reduced by $2.5 million,             
 so the industry's contribution is actually smaller.  He pointed out           
 there is nothing to prohibit the industry from offering additional            
 funds.  When the budget was reduced the industry did not respond to           
 help support the budget and he reiterated the Audit Division's                
 recommendation that the level of support for ATMC be increased.               
 There needs to be discussion on the fairest way to do this.                   
                                                                               
 Number 0413                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if figures were available from other              
 states, to show the balance between private sector and government             
 funding.                                                                      
                                                                               
 MR. WELKER responded that Dane Larson, Anchorage Audit Manager,               
 Legislative Budget and Audit Division, might have that information.           
                                                                               
 Number 0418                                                                   
                                                                               
 MR. DANE LARSON, Anchorage Audit Manager, Legislative Budget and              
 Audit Division, stated there was a study recapping that                       
 information, but it was difficult to compare, since different                 
 accounting systems are used.  Some states used 100 percent                    
 dedicated funds, but other revenue sources were included.                     
                                                                               
 Number 0435                                                                   
                                                                               
 REPRESENTATIVE JAMES stated the Long Range Financial Planning                 
 Commission suggested taxing the tourism industry.  She wondered if            
 other states were doing this, whether through income or sales tax.            
 She asked if a tax on the tourism industry met the criteria for               
 increased contributions.                                                      
                                                                               
 MR. WELKER responded that if such a tax were to be acceptable to              
 the industry, the tax dollars would need to go directly to tourism.           
 He felt that direct contributions would be preferable to forcing a            
 tax.                                                                          
                                                                               
 REPRESENTATIVE JAMES said the tourism industry has the ability to             
 put together such a voluntary system, but has not done so.  She               
 stated if the industry wants to continue receiving general funds,             
 they should be willing to help in some way.                                   
                                                                               
 MR. WELKER stated that is why the report's recommendation is                  
 directed to the ATMC, rather than to the legislature.  It would be            
 best for the industry to develop a voluntary plan, rather than                
 being forced by the legislature.                                              
                                                                               
 REPRESENTATIVE JAMES concurred.                                               
                                                                               
 Number 0477                                                                   
                                                                               
 CHAIR MASEK asked if the AVA and the DCED had responded to the                
 audit.                                                                        
                                                                               
 MR. WELKER said the Department concurred with the report's                    
 recommendations regarding increased industry support.  Furthermore,           
 AVA's response was protective of the status quo.                              
                                                                               
 CHAIR MASEK wanted to know if the legislature had shown interest in           
 this topic in the past.                                                       
                                                                               
 MR. WELKER replied that the audits of 1993 and 1992 had raised the            
 same issues.  Two years ago, the ATMC budget was discussed, and the           
 industry's contribution was increased to 15 percent.                          
                                                                               
 Number 0513                                                                   
                                                                               
 CHAIR MASEK asked if the Attorney General had issued any opinion on           
 the report.                                                                   
                                                                               
 MR. WELKER responded that he was not aware of any opinion.                    
                                                                               
 CHAIR MASEK asked if the relationship between the ATMC and the                
 state made it easier to achieve the oversight needed.                         
                                                                               
 MR. WELKER responded that the current structure reduces legislative           
 oversight.  However, the agreement between the ATMC and the AVA               
 provides for audit of AVA's affairs, and gives the DCED access to             
 AVA's financial records.  The biggest piece missing is legislative            
 oversight.                                                                    
                                                                               
 Number 0541                                                                   
                                                                               
 CHAIR MASEK asked how AVA expenses are monitored.                             
                                                                               
 MR. WELKER replied that the agreement between the AVA and the ATMC            
 provides for an annual financial audit, conducted by an independent           
 Certified Public Accountant (CPA) firm.  The audit does not                   
 consider programmatic aspects.                                                
                                                                               
 CHAIR MASEK asked if the audit division had looked into AVA                   
 expenses.                                                                     
                                                                               
 MR. WELKER responded that the division only looks at summary                  
 information provided to support calculations.  The detailed records           
 are not examined.  Unless a nonprofit organization receives money             
 from the state on a pass-through grant, the division normally does            
 not look at such detail.                                                      
                                                                               
 Number 0561                                                                   
                                                                               
 REPRESENTATIVE JAMES asked if the audit detail was sufficient to              
 identify total income, less AVA expenses, so that an amount could             
 be appropriated in the budget.                                                
                                                                               
 MR. WELKER replied that the items would be identifiable.                      
                                                                               
 CHAIR MASEK asked for an overall view of how the ATMC and the AVA             
 work together.                                                                
                                                                               
 Tape 96-01, Side B                                                            
 Number 0573                                                                   
                                                                               
 MR. WELKER responded that funds for the operation of ATMC are                 
 appropriated by the legislature.  The relationship between ATMC and           
 AVA is governed by an agreement that sets out their mutual                    
 responsibilities.  He stated that, in the Audit Division's opinion,           
 both the tourism planner and the mailing list are state assets                
 which are being administered by AVA, which is why revenues                    
 generated from them are considered state revenues.  The expenses of           
 producing the planner are deducted from the generated revenues.               
 The revenue then becomes the basis for AVA's contribution to the              
 ATMC.  This process is statutorily mandated.  The ATMC is broad               
 based in its representation of the visitor industry, and has the              
 responsibility to ensure the agreement between AVA and ATMC is                
 properly administered.  Recent improvements have been made in the             
 agreement, to ensure the process works as intended.                           
                                                                               
 Number 0980                                                                   
                                                                               
 CHAIR MASEK asked how contracts are handled.  Who oversees the                
 contracts, the ATMC or the AVA?                                               
                                                                               
 MR. LARSEN replied that the bulk of the contracts are under the               
 ATMC.                                                                         
                                                                               
 MR. WELKER added that the contracts are subject to state                      
 procurement codes.                                                            
                                                                               
 Number 0968                                                                   
                                                                               
 REPRESENTATIVE JAMES asked how the recent changes in the Audit                
 Division of Tourism affected the ATMC.                                        
                                                                               
 MR. WELKER responded that there is a close working relationship               
 between the Division of Tourism and the ATMC.  The Division                   
 director is a member of the ATMC.  There is no duplication of                 
 responsibilities.                                                             
                                                                               
 Number 0957                                                                   
                                                                               
 REPRESENTATIVE ALAN AUSTERMAN stated that the basic distinction is            
 ATMC handles the domestic market, while the Division of Tourism               
 works with Canada and other foreign countries.  Also, ATMC handles            
 state funds, while AVA does not.                                              
                                                                               
 CHAIR MASEK read from the report, on page 10, as follows: "B.  The            
 commissioner should ensure that all funds collected by AVA under              
 the joint agreement are deposited monthly with the state."  She               
 asked if this money would go into the general fund, and if the                
 Commissioner referred to was the DCED commissioner.                           
                                                                               
 MR. WELKER replied that it was the DCED commissioner.  He                     
 reiterated it is the Audit Division's position that state law                 
 requires all revenue collected, less expenses, is state revenue,              
 and belongs in the general fund.                                              
                                                                               
 Number 0938                                                                   
                                                                               
 CHAIR MASEK asked if the same recommendation regarding revenue was            
 made in the 1992 audit, or the 1993 audit?                                    
                                                                               
 MR. WELKER responded that the issue was first raised in the 1992              
 audit report.  Actually, the first audit issued in January, 1992,             
 was a special audit request from the legislature, which focused on            
 cost of the ATMC television commercials which aired nationally.               
 The following year, the first sunset audit was performed.  Through            
 the sunset process, ATMC has been extended through December 30,               
 1996.                                                                         
 Number 0880                                                                   
                                                                               
 REPRESENTATIVE PORTER asked if AVA was in violation of any statute            
 in their handling of funds.                                                   
                                                                               
 MR. WELKER stated that they are in compliance with the general                
 financial statutes of state government so long as their receipts              
 are deposited in the general fund on a monthly basis.  He                     
 reiterated it is the Audit Division's position that funds being               
 retained by the ATMC, in accordance with the terms of their                   
 agreement with AVA, should also fall under that general financial             
 statute in Title 37.                                                          
                                                                               
 MR. PORTER then asked what is the relationship between the ATMC and           
 the Division of Tourism.                                                      
                                                                               
 MR. WELKER responded that the relationship is only indirect.  They            
 have separate functions.  He stated it is AVA's position that they            
 are not a state agency, and that, therefore, statutes concerning              
 revenue do not apply.  The Audit Division believes that AVA is an             
 extension of the ATMC, and operates under authority of the council,           
 which means the monies that AVA collects are state revenue.                   
                                                                               
 MR. PORTER stated perhaps the definition of "agency" needs to be              
 clarified through statute.                                                    
                                                                               
 Number 0862                                                                   
                                                                               
 REPRESENTATIVE JAMES brought up the subject of television                     
 advertising that was investigated in the original audit.  She                 
 stated Alaska should be advertised not just as a pristine                     
 wilderness, because this image is detrimental to development of               
 industries such as mining, fishing, oil, and construction.  She               
 reiterated for the record that she would like to see a more                   
 balanced image of Alaska in television advertising.                           
                                                                               
 CHAIR MASEK stated she had reviewed the response of AVA and DCED              
 regarding the state procurement code.  She read from the                      
 department's response, as follows: "The Department continues to               
 assert that the joint agreement between the Department and the AVA            
 is not subject to the state procurement code.  This is not a public           
 procurement.  It is a joint agreement authorized in statute between           
 the state and a private, nonprofit association."                              
                                                                               
 MR. WELKER reiterated that the Audit Division disagrees with this             
 position.  The Audit Division asserts the procurement code is                 
 broader in scope, covering all types of state agreements,                     
 regardless of what they may be called.  He stated AVA is trying to            
 maintain the status quo, but the division's position is supported             
 by legal opinion.                                                             
                                                                               
 CHAIR MASEK asked if the present system would help to keep the                
 costs down for smaller businesses that wish to participate in                 
 tourism marketing policy.                                                     
                                                                               
 MR. WELKER replied that was a broad policy matter, which the audit            
 division had not addressed.                                                   
                                                                               
 Number 788                                                                    
                                                                               
 REPRESENTATIVE AUSTERMAN suggested this question was one that                 
 should be asked of the ATMC itself.                                           
                                                                               
 REPRESENTATIVE JAMES added it is critical for the industry to                 
 recognize the value of small businesses.                                      
                                                                               
 CHAIR MASEK stated that many of these questions were raised in                
 previous hearings.  It is her understanding that small businesses             
 can not afford to buy advertising in the Vacation Planner, which              
 means the large corporations wind up subsidizing the tourism                  
 marketing.                                                                    
                                                                               
 Number 0757                                                                   
                                                                               
 CHAIR MASEK asked if AVA had to comply with the procurement code,             
 would they be found in violation?                                             
                                                                               
 MR. WELKER responded that the agreement between ATMC and AVA should           
 be made subject to the procurement code.  He stated the audit                 
 division has not investigated the internal procedures of AVA, as              
 that is not subject to their review.  He reiterated the agreement             
 should be subject to the procurement code.                                    
                                                                               
 CHAIR MASEK stated she would call another meeting to consider                 
 options regarding the findings of the report.  She said the                   
 committee should consider adopting recommendations to put forth to            
 the House, Senate, and Governor's office.                                     
                                                                               
 Number 0730                                                                   
                                                                               
 REPRESENTATIVE JAMES asked if a statute change would be required,             
 or only a change in procedure.                                                
                                                                               
 MR. WELKER replied it would be a combination of statute and                   
 procedure.                                                                    
                                                                               
 REPRESENTATIVE AUSTERMAN asked if ATMC would respond to the                   
 committee.                                                                    
                                                                               
 CHAIR MASEK stated she was not sure.  She said she would welcome              
 any response from the ATMC.                                                   
                                                                               
 Number 0710                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Special              
 Committee on International Trade and Tourism, Chair Masek adjourned           
 the meeting at 4:20 p.m.                                                      
                                                                               

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