Legislature(2013 - 2014)Anch Temporary LIO

12/16/2014 09:00 AM Senate LEGISLATIVE BUDGET & AUDIT

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Audio Topic
09:08:56 AM Start
09:11:35 AM Revised Program - Legislative (rpls)
09:39:38 AM Executive Session
11:23:25 AM Audit Requests
11:28:02 AM Other Committee Business
11:40:46 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Location: 733 W. 4th Ave, 1st Floor Conference Rm
-- Teleconference --
Approval of Minutes
Committee Business
-RPLs
-EXECUTIVE SESSION: Audit Releases
Other Committee Business
-Audits
-Contracts
-- Testimony <Invitation Only> --
**Streamed live on AKL.TV**
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                       December 16, 2014                                                                                        
                           9:09 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Chair                                                                                                   
Senator Kevin Meyer                                                                                                             
Senator Click Bishop (via teleconference)                                                                                       
Senator Cathy Giessel                                                                                                           
                                                                                                                                
Representative Mike Hawker, Vice Chair                                                                                          
Representative Bob Herron (via teleconference)                                                                                  
Representative Kurt Olson (via teleconference)                                                                                  
Representative Scott Kawasaki (alternate) (via teleconference)                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Alan Austerman                                                                                                   
Representative Andy Josephson                                                                                                   
Representative Bill Stoltze (alternate)                                                                                         
                                                                                                                                
Senator Donald Olson                                                                                                            
Senator Mike Dunleavy (alternate)                                                                                               
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Sam Kito III                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
APPROVAL OF MINUTES                                                                                                             
REVISED PROGRAM - LEGISLATIVE (RPLS)                                                                                            
EXECUTIVE SESSION                                                                                                               
AUDIT REQUESTS                                                                                                                  
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVID TEAL, Legislative Fiscal Analyst (via teleconference)                                                                     
Legislative Finance Division                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information and answered questions                                                             
regarding RPLs  05-5-0211, 08-5-0194, and 18-5-0360  to the Joint                                                               
Committee on Legislative Budget and Audit.                                                                                      
                                                                                                                                
JEANNE MUNGLE, Director (via teleconference)                                                                                    
Administrative Services                                                                                                         
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Responded   to  questions  regarding  the                                                             
urgency of RPL #08-5-0194, the Cordova Community Center.                                                                        
                                                                                                                                
ELAINE BUSSE FLOYD, Director                                                                                                    
Division of Environmental Health                                                                                                
Department of Environmental Conservation                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information and answered questions                                                             
regarding RPL #18-5-0360, Tsunami Marine Debris Cleanup.                                                                        
                                                                                                                                
ELISE HSICH (via teleconference)                                                                                                
Exxon Valdez Oil Spill Trustee Council (EVOSTC)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information and answered questions                                                             
regarding RPL #18-5-0360, the Cordova Community Center.                                                                         
                                                                                                                                
KRISTIN CURTIS, Legislative Auditor (via teleconference)                                                                        
Legislative Audit Division                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided information regarding  an upcoming                                                             
audit and Alaska's Financial Statement FY14.                                                                                    
                                                                                                                                
LAURA PIERRE, Staff                                                                                                             
Senator Anna MacKinnon                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information and answered questions                                                             
regarding the status of upcoming  RFPs, and contracts for oil and                                                               
gas consultants.                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
9:08:56 AM                                                                                                                    
                                                                                                                                
CHAIR  ANNA MACKINNON  called the  Legislative  Budget and  Audit                                                               
Committee  meeting  to  order  at  9:08  a.m.    Senators  Meyer,                                                               
Giessel,   MacKinnon,  and   Bishop  (via   teleconference),  and                                                               
Representatives  Hawker  (via  teleconference)  and  Herron  (via                                                               
teleconference)   were   present   at    the   call   to   order.                                                               
Representatives  Olson  (via  teleconference) and  Kawasaki  (via                                                               
teleconference) arrived as the meeting  was in progress.  Also in                                                               
attendance was Representative Kito, III.                                                                                        
                                                                                                                                
^APPROVAL OF MINUTES                                                                                                            
                      APPROVAL OF MINUTES                                                                                   
                                                                                                                                
CHAIR MACKINNON announced that the  first order of business would                                                               
be approval of the minutes.                                                                                                     
                                                                                                                                
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
October 28,  2014.   There being no  objection, the  minutes from                                                               
the meeting of October 28, 2014 were approved.                                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
October 29,  2014.   There being no  objection, the  minutes from                                                               
the meeting of October 29, 2014 were approved.                                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion  to approve the  morning and                                                               
afternoon  minutes  of  November  28,   2014.    There  being  no                                                               
objection, the  morning and afternoon  minutes from  the meetings                                                               
of November 28, 2014 were approved.                                                                                             
                                                                                                                                
REPRESENTATIVE HAWKER  made a  motion to  approve the  minutes of                                                               
December 2,  2014.   There being no  objection, the  minutes from                                                               
the meeting of December 2, 2014 were approved.                                                                                  
                                                                                                                                
^REVISED PROGRAM - LEGISLATIVE (RPLs)                                                                                         
              REVISED PROGRAM - LEGISLATIVE (RPLs)                                                                          
                                                                                                                                
9:11:35 AM                                                                                                                    
                                                                                                                                
CHAIR MACKINNON announced  that the next order  of business would                                                               
be consideration of three RPLs.                                                                                                 
                                                                                                                                
9:11:44 AM                                                                                                                    
                                                                                                                                
DAVID  TEAL,  Legislative  Fiscal  Analyst,  Legislative  Finance                                                               
Division, Alaska  State Legislature, referred to  Revised Program                                                               
Legislative  (RPL)  #05-5-0211,  and  stated  the  Department  of                                                               
Education, Alaska State Council on  the Arts (ASCA) is requesting                                                               
$120,000 of  statutory designated program  receipts authorization                                                               
in order  to accept funding  provided by the Margaret  A. Cargill                                                               
Foundation.  He advised the money  is available as an Alaska Arts                                                               
Education Planning  Partnership project grant and  is intended to                                                               
develop  a   plan  to  increase   the  competency,   tenure,  and                                                               
expertise, of art teachers in  Alaska.  In particular, he pointed                                                               
out, this  funding would be used  to explore the best  methods of                                                               
supporting   early  career   professional  development   in  arts                                                               
teaching methodologies.                                                                                                         
                                                                                                                                
9:13:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  referred to the letter,  dated 11/20/2014,                                                               
from the  Margaret A.  Cargill Foundation  and surmised  that the                                                               
urgency  in this  matter is  that the  grant payment  of $120,000                                                               
will  be   payable  immediately   upon  receipt  of   the  signed                                                               
conditions of the grant agreement, if the committee so approves.                                                                
                                                                                                                                
9:14:14 AM                                                                                                                    
                                                                                                                                
MR. TEAL answered in the affirmative.                                                                                           
                                                                                                                                
9:14:38 AM                                                                                                                    
                                                                                                                                
MR.  TEAL  referred  to  RPL   #08-5-0194  and  stated  that  the                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED)  is requesting  $1.5 million  of Exxon  Valdez Oil  Spill                                                               
(EVOS) trust  funding for construction  of the  Cordova Community                                                               
Center.   He explained  that the Exxon  Valdez Oil  Spill Trustee                                                               
Council   (EVOSTC)  intends   to   move  the   majority  of   its                                                               
administration from  Anchorage to  Cordova.   He advised  that in                                                               
November 2010,  the EVOSTC approved approximately  $7 million for                                                               
this  project with  the intent  of  providing approximately  one-                                                               
third of the funds needed to  construct the facility.  He pointed                                                               
out that  there were several  appropriations listed in  the prior                                                               
RPL [RPL #08-1-0248].  In referring  to the current RPL, he noted                                                               
a statement reporting  that project costs have  risen since those                                                               
appropriations.  In order to  maintain the intended funding level                                                               
of  one-third of  total  project costs,  the  EVOSTC approved  an                                                               
additional  $1.3  million  of   trust  money  plus  approximately                                                               
$200,000 in  earnings.  The  RPL, he explained, does  not provide                                                               
the full  cost of the building  or the "shares of  that cost, the                                                               
state, EVOS, the  city and private donations."   He paraphrased a                                                               
"cryptic"  statement  on  page  2, paragraph  3,  "...  that  the                                                               
funding  in the  RPL will  facilitate the  project obtaining  the                                                               
balance   of  the   anticipated   funding   needs  from   private                                                               
donations."  He expressed that  there was confusion regarding the                                                               
funding  history as  the best  information shows  that, to  date,                                                               
there is  approximately $10.5 million of  undesignated gift funds                                                               
(UGF) appropriated to  this project plus another  $1 million from                                                               
the Commercial  Passenger Vessel  [Tax] Fund.   He  remarked that                                                               
this would bring  EVOS funding up to  approximately $9 [million],                                                               
including  interest  and  the  current  RPL.    He  advised  that                                                               
Representatives from the  City of Cordova and  EVOS are available                                                               
to address  questions the committee  may have with regard  to the                                                               
project  costs,  funding,  and how  much  additional  money  from                                                               
various sources may be required to complete the project.                                                                        
                                                                                                                                
9:17:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER extended that  he has trepidation about the                                                               
[Cordova  Community  Center  project],  but that  he  is  not  in                                                               
opposition to  the EVOS  or the [Cordova  Community Center].   He                                                               
voiced  his concern  that the  committee  approving another  $1.5                                                               
million out  of the  EVOS for  this project  is premature  and is                                                               
lacking in adequate  due diligence on behalf  of the legislature.                                                               
He  opined that  the  request belongs  in  the capital  budgeting                                                               
process  of the  legislature where  it can  be evaluated  in more                                                               
detail and with  the benefit of the entire legislature.   In that                                                               
manner, he offered, proper time  will be provided for the request                                                               
to  be analyzed  and presented  to the  House and  Senate Finance                                                               
Committees.  At this point,  he continued that unless the request                                                               
is a  life, health, safety, mission  critical, emergency funding,                                                               
he could not support the RPL.                                                                                                   
                                                                                                                                
9:18:58 AM                                                                                                                    
                                                                                                                                
JEANNE MUNGLE,  Director, Administrative Services,  Department of                                                               
Commerce,  Community, and  Economic Development  (DCCED), pointed                                                               
out that  the project's target  completion date is  scheduled for                                                               
May  2015, and  DCCED determined  it would  request the  approval                                                               
now.                                                                                                                            
                                                                                                                                
9:19:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER reiterated  that DCCED's project completion                                                               
date is  May 2015, and  noted there is  a $1.5 [million]  or more                                                               
"overrun" with  regard to the "cryptic"  statement, "In addition,                                                               
securing these  funds will facilitate  the project  obtaining the                                                               
balance of anticipated needs ... ."   He accessed that this is an                                                               
issue DCCED should  have been aware of long  before this December                                                               
committee meeting  and asked why  the request was  not identified                                                               
earlier.   He asked what the  consequences were in the  event the                                                               
estimated  completion date  went  later than  May  2015, and  the                                                               
decision postponed into the [2015] legislative session.                                                                         
                                                                                                                                
9:21:09 AM                                                                                                                    
                                                                                                                                
MS.  MUNGLE conveyed  that this  is  not a  DCCED's project,  but                                                               
because it  has grant  authority with  the Division  of Community                                                               
and Regional Affairs, DCCED is  facilitating this request through                                                               
the grant process.  She noted  that it was brought before DCCED's                                                               
attention in  November [2014] as a  need in order to  secure two-                                                               
thirds of  the total project cost  that have come from  a variety                                                               
of sources at the local, state, and federal levels.                                                                             
                                                                                                                                
9:22:12 AM                                                                                                                    
                                                                                                                                
SENATOR MEYER  offered that  this project has  been around  for a                                                               
while  as he  had previously  worked  on it  through the  capital                                                               
budget process.   He opined  that [initially the project]  was to                                                               
be a community center for the  City of Cordova and it now appears                                                               
that  the scope  has expanded  to a  library, museum,  conference                                                               
center, and  includes use  by EVOS.   He  asked if  this expanded                                                               
scope  added to  the  cost.   The  state  has  been funding  this                                                               
through the capital  budget for a while and,  he questioned, will                                                               
this  be the  "it"  or  will there  be  additional capital  money                                                               
requested  and perhaps  operating costs.   He  asked the  current                                                               
status of  the project, the  total cost  of project, and  if this                                                               
amount of money will be sufficient.                                                                                             
                                                                                                                                
9:23:47 AM                                                                                                                    
                                                                                                                                
MS.  MUNGLE  deferred to  Elise  Hsieh,  Exxon Valdez  Oil  Spill                                                               
Trustee Council (EVOSTC), who is available via teleconference.                                                                  
                                                                                                                                
9:24:17 AM                                                                                                                    
                                                                                                                                
SENATOR  MEYER  stated he  is  in  agreement with  Representative                                                               
Hawker  and supports  this  request going  before  the House  and                                                               
Senate Finance  Committees to obtain  more detail,  including the                                                               
history and the expectations of the project in the future.                                                                      
                                                                                                                                
9:24:39 AM                                                                                                                    
                                                                                                                                
CHAIR MACKINNON directed the committee's  attention to the bottom                                                               
of  page 1,  "Previous Legislative  Consideration" which  depicts                                                               
the state's commitment to this project to date.                                                                                 
                                                                                                                                
9:25:33 AM                                                                                                                    
                                                                                                                                
SENATOR MEYER noted his concern  and the amount of commitment the                                                               
state has  given to this project.   He said the  project may have                                                               
expanded over the  years as this should have  been completed some                                                               
time ago.   The  House and Senate  Finance Committees  are better                                                               
entities  to  ask   questions  and  determine  if   there  is  an                                                               
expectation  of   future  funding  both  from   the  capital  and                                                               
operating side.                                                                                                                 
                                                                                                                                
There  being  no further  comments  from  witnesses or  committee                                                               
members, Senator MacKinnon set RPL #08-5-0194 aside.                                                                            
                                                                                                                                
9:27:16 AM                                                                                                                    
                                                                                                                                
MR.  TEAL referred  to RPL  #18-5-0360, and  he advised  that the                                                               
Department of  Environment Conservation (DEC) is  requesting $1.5                                                               
million of federal  receipts.  The money comes  from the National                                                               
Oceanic and  Atmospheric Administration (NOAA) for  marine debris                                                               
cleanup activities  related to the  tsunami that struck  Japan in                                                               
March 2011.   He stated that  although the final funding  has not                                                               
yet been awarded  from NOAA, the DEC expects  to receive $900,000                                                               
within the next couple of  weeks and another $600,000 in February                                                               
2015.   The DEC  is requesting authorization  now to  ensure that                                                               
contracts can be finalized in  April 2015, and cleanup activities                                                               
can occur between May and September 2015.                                                                                       
                                                                                                                                
9:28:26 AM                                                                                                                    
                                                                                                                                
SENATOR MEYER stated that capital  money had been appropriated to                                                               
this   project   and  questioned   the   total   amount  of   the                                                               
appropriation.                                                                                                                  
                                                                                                                                
9:29:00 AM                                                                                                                    
                                                                                                                                
MR.   TEAL    responded   that   within    previous   legislative                                                               
consideration the  DEC, Division  of Environment  Health received                                                               
$1 million of federal receipt authority in FY13.                                                                                
                                                                                                                                
9:29:32 AM                                                                                                                    
                                                                                                                                
ELAINE BUSSE  FLOYD, Director, Division of  Environmental Health,                                                               
Department  of Environmental  Conservation,  stated  that the  $1                                                               
million in capital appropriation went  through the DCCED and then                                                               
to  non-governmental organizations  (NGOs) that  directly perform                                                               
marine debris cleanup.  The  [DEC] received $1 million in federal                                                               
authority  two years  ago in  order that  it could  receive money                                                               
from NOAA from  the Government of Japan.  She  noted that the DEC                                                               
is currently  asking NOAA for  $1.5 million of the  Government of                                                               
Japan money.   Alaska is poised to have received  a total of $2.5                                                               
million of  the $5 million that  the Government of Japan  gave to                                                               
the United States.                                                                                                              
                                                                                                                                
9:30:29 AM                                                                                                                    
                                                                                                                                
SENATOR MEYER surmised that Alaska,  if the RPL is approved, will                                                               
have received  $2.5 million from  the federal government,  and $1                                                               
million appropriated in the general fund.                                                                                       
                                                                                                                                
MS. FLOYD answered in the affirmative.                                                                                          
                                                                                                                                
9:30:45 AM                                                                                                                    
                                                                                                                                
SENATOR  MEYER  questioned  if $3.5  million  represented  enough                                                               
money  to clean  up  the  debris, and  asked  if  money from  the                                                               
fishing industry or any other source had been received.                                                                         
                                                                                                                                
9:31:00 AM                                                                                                                    
                                                                                                                                
MS. FLOYD  answered that EVOS  contributed money directly  to one                                                               
of its contractors, a marine debris  clean up NGOs, and the state                                                               
contributed $200,000 in FY12 for  the first aerial survey of over                                                               
8,000  pictures  of  the  tsunami  debris.    The  aerial  survey                                                               
verified evidence seen on the ground  along the coast and Gulf of                                                               
Alaska, she said.   In response to Senator  Meyer's question, she                                                               
stated that  $3.5 million  is not  enough money  but that  is the                                                               
amount  the  department   is  working  with.     She  noted  that                                                               
approximately $1  million of the  Government of Japan  money will                                                               
be left  after Alaska receives the  $1.5 million it is  poised to                                                               
receive.  She stated that  NOAA advised that the Alaska Statement                                                               
of  Work (contract  request) was  signed in  early December,  but                                                               
requires clearance  from "a  couple of layers  up."   She further                                                               
stated that  Alaska will  be asking  for additional  funding next                                                               
year, subsequent to reviewing the 2015 season.                                                                                  
                                                                                                                                
9:32:24 AM                                                                                                                    
                                                                                                                                
MS. FLOYD responded  to Senator Meyer's question  that Alaska was                                                               
hit harder  than all of the  Western states and Canada  as it has                                                               
the most coastline.   She pointed out that the  wind and currents                                                               
bypassed  the majority  of the  Pacific states  and those  states                                                               
report  that  their beaches  are  clean.   British  Columbia  has                                                               
coastline  more similar  to ours  and it  recently reported  that                                                               
[the beaches] are "tidied up" as  well.  She pointed out that the                                                               
British Columbia  beaches are normally flat,  civilians can drive                                                               
on them,  and the  beaches are easily  accessible.   Whereas, she                                                               
noted, Alaska's  beaches are more  of an industrial  operation to                                                               
get to.                                                                                                                         
                                                                                                                                
9:33:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  requested information regarding  the scale                                                               
[of damage] and how successful the contractors were.                                                                            
                                                                                                                                
MS. FLOYD responded that last year  a report was submitted to the                                                               
legislature, and  the 2014 season  report will be  available this                                                               
session.                                                                                                                        
                                                                                                                                
[The committee was  advised that a representative  from the Exxon                                                               
Valdez Oil Spill  Trustee Council was on line  regarding RPL #08-                                                               
5-0194, Cordova Community Center].                                                                                              
                                                                                                                                
9:34:58 AM                                                                                                                    
                                                                                                                                
ELISE  HSICH, Exxon  Valdez Oil  Spill Trustee  Council (EVOSTC),                                                               
apologized for previously being  "muted" via teleconference.  She                                                               
stated  that in  2010 the  Cordova Community  Center project  was                                                               
perceived  by the  EVOSTC  and supported  by  state, and  federal                                                               
trustees.    She explained  there  was  a  delay in  funding  the                                                               
Cordova  Center construction  project as  the U.S.  Department of                                                               
Justice (DOJ)  had concerns.  Therefore,  the [Alaska] Department                                                               
of  Law (DOL)  worked closely  with  DOJ to  resolve concerns  in                                                               
order that the money would flow  to Cordova.  As the committee is                                                               
aware  during  2008  construction  costs  were  lower  due  to  a                                                               
dramatic  market turn.   Unfortunately,  she noted,  by the  time                                                               
Cordova received funding its construction  costs were higher.  In                                                               
the  interim, she  explained, the  Cordova  Community Center  has                                                               
been managed  by DCEED even  though it did  have an issue  with a                                                               
contractor, the cost  expansion has to do with  the initial delay                                                               
with DOJ.  She maintains that  the scope has not increased at the                                                               
Cordova Community  Center since the  2010 initial funding  by the                                                               
EVOSTC.  The EVOSTC approved  another $1.3 [million], however, it                                                               
was contingent upon fund raising  and additional monies.  As that                                                               
fund [raising] continues  it is getting closer  to the two-thirds                                                               
mark ($1.3  million] which  is needed  to complete  this project,                                                               
she  remarked, and  pointed out  that approximately  $750,000 has                                                               
been  raised plus  a  bond  is before  the  City  of Cordova  for                                                               
another  $3 million.   However,  "this has  not been  approved by                                                               
your  body" which,  she stated,  makes it  more difficult  on the                                                               
budget side for  it to pass through the  coordinating agencies to                                                               
get the  project funded.   She said  she is working  closely with                                                               
DOL and  DOJ, and that DOJ  is poised to release  funding as soon                                                               
as  the two-thirds  mark is  hit.   She deferred  to the  City of                                                               
Cordova  as to  the  estimated date  of  final construction,  but                                                               
there  is a  last  push  to get  the  project  completed in  late                                                               
spring.   The  City [of  Cordova]  in past  resolutions with  the                                                               
EVOSTC agreed to  cover maintenance costs and  operating costs of                                                               
the [Cordova Community Center].                                                                                                 
                                                                                                                                
9:38:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit  Committee approve the following  RPLs: RPL #05-5-[02]11,                                                               
The Department  of Education and  Early Development,  $120,000 of                                                               
statutory  designated  program   receipts  and;  RPL  #18-5-0360,                                                               
Department  of   Environmental  Conservation,  $1.5   million  in                                                               
federal receipt authority.                                                                                                      
                                                                                                                                
There being no objection, RPL  #05-5-0211 and RPL #18-5-0360 were                                                               
approved.                                                                                                                       
                                                                                                                                
^EXECUTIVE SESSION                                                                                                              
                       EXECUTIVE SESSION                                                                                    
                                                                                                                                
9:39:38 AM                                                                                                                    
                                                                                                                                
CHAIR  MACKINNON  stated  that  the  committee  would  move  into                                                               
executive  session to  discuss confidential  audit reports.   She                                                               
advised  that  Paulyn  Swanson,  staff  to  incoming  Chair  Mike                                                               
Hawker, Laura  Pierre and Erin  Shine, staff to  Chair MacKinnon,                                                               
and  Kristin Curtis,  Legislative  Auditor and  her support  team                                                               
would  be included  in  executive session,  as  well as  contract                                                               
staff for the Department of Corrections performance review.                                                                     
                                                                                                                                
9:40:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER made a motion  to move to executive session                                                               
for the  purpose of discussing  confidential audit  reports under                                                               
AS 24.20.301.  There being  no objection, the committee went into                                                               
executive session at 9:40 a.m.                                                                                                  
                                                                                                                                
11:22:47 AM                                                                                                                   
                                                                                                                                
CHAIR  MACKINNON brought  the committee  back to  order at  11:22                                                               
a.m.    Senators  Meyer,  Bishop,  Giessel,  and  Mackinnon,  and                                                               
Representatives  Herron, Olson,  and Hawker  were present  at the                                                               
call to order.                                                                                                                  
                                                                                                                                
^AUDIT REQUESTS                                                                                                                 
                         AUDIT REQUESTS                                                                                     
                                                                                                                                
11:23:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER made  a motion  that  the following  final                                                               
audits be  released to  the public:  The Department  of Commerce,                                                               
Community  and  Economic  Development, Alcohol  Beverage  Control                                                               
Board Sunset  Review; and the  Department of  Commerce, Community                                                               
and  Economic Development  Regulatory Commission  of Alaska  FY13                                                               
annual  report.   There being  no  objection, the  aforementioned                                                               
audits were released to the public.                                                                                             
                                                                                                                                
11:23:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit  Committee direct  the legislative  auditor to  perform a                                                               
preliminary sampling regarding  the error rate noted  in the FY13                                                               
report,  at  the  Regulatory  Commission   of  Alaska  (RCA),  by                                                               
reviewing  the  FY14  data  base.   He  requested  a  preliminary                                                               
response prior to the completion of a full FY14 report.                                                                         
                                                                                                                                
11:24:26 AM                                                                                                                   
                                                                                                                                
KRISTIN  CURTIS,  Legislative  Auditor, Division  of  Legislative                                                               
Audit,  Alaska State  Legislature, stated  that the  [Division of                                                               
Legislative Audit] will not be  required to audit the FY14 report                                                               
as  it would  have to  do  the FY15  report.   She confirmed  the                                                               
[audit  division] will  review  the error  rates  as a  proactive                                                               
measure using FY14  data.  Specifically, she  noted, that tariffs                                                               
drove the recommendation.   There being no  objection, the motion                                                               
is approved.                                                                                                                    
                                                                                                                                
11:25:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER  made  a  motion that  the  Department  of                                                               
Corrections performance review, final  report, be released to the                                                               
public.                                                                                                                         
                                                                                                                                
There  being no  objections, the  aforementioned was  released to                                                               
the public.                                                                                                                     
                                                                                                                                
11:25:15 AM                                                                                                                   
                                                                                                                                
CHAIR  MACKINNON   stated  her  intention  as   Chairman  of  the                                                               
Legislative Budget  & Audit  Committee to  enter into  a contract                                                               
not to exceed $35,000 with  CGL [Consulting] to review population                                                               
management,  both at  the  backend and  the  frontend, assist  in                                                               
sharing costs the state is  currently incurring, and to provide a                                                               
report.                                                                                                                         
                                                                                                                                
11:25:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  noted that  part of  the health  care cost                                                               
examination is  specifically to provide information  and guidance                                                               
on  the  ability  to  recover   health  care  costs  from  either                                                               
Medicaid,   Medicare,  Independent   Health  Facilities   (IHFs),                                                               
private insurance companies or any other outside source.                                                                        
                                                                                                                                
11:26:06 AM                                                                                                                   
                                                                                                                                
CHAIR MACKINNON  stated that with  regard to  [prison] population                                                               
management, she  is interested in backend  population management,                                                               
reviewing possible  early release,  and crafting  authority under                                                               
Alaska Statutes and the Alaska  State Constitution.  In addition,                                                               
she  noted,   she  is  interested   in  reviewing   the  frontend                                                               
management  of  population and  determining  if  there are  other                                                               
methods  to   provide  care  and   guidance  to   those  becoming                                                               
incarcerated in prisons at this time.                                                                                           
                                                                                                                                
11:26:55 AM                                                                                                                   
                                                                                                                                
MS.  CURTIS  informed  the  committee that  the  opinion  on  the                                                               
state's FY14  Financial Statements has  been released and  in the                                                               
December 10, [2014] opinion the  state did receive an unqualified                                                               
opinion for  all of its  opinionated except the general  fund and                                                               
the governmental activities.  She  remarked that both the general                                                               
fund  and  the  governmental   activities  received  a  qualified                                                               
opinion  because she  was unable  to gather  sufficient, adequate                                                               
audit evidence  about the Medicaid  services and  related federal                                                               
avenues.   She  advised  that the  Medicaid  system was  replaced                                                               
October  1, 2013,  as it  has  been plagued  with system  defects                                                               
since it came  on line.  She expressed that  despite a great deal                                                               
of effort  on behalf  of the  audit team,  and the  Department of                                                               
Health  & Social  Services  program staff,  the  defects were  so                                                               
significant that not  enough evidence was obtainable  in which to                                                               
base an opinion.                                                                                                                
                                                                                                                                
^OTHER COMMITTEE BUSINESS                                                                                                       
                    OTHER COMMITTEE BUSINESS                                                                                
                                                                                                                                
11:28:02 AM                                                                                                                   
                                                                                                                                
CHAIR  MACKINNON announced  that the  next order  of business  is                                                               
contract  and audit  findings and  discussions  of two  education                                                               
studies  the  committee  was  taxed  with  under  HB  278.    The                                                               
Education sub-committee  completed the subject scopes  on October                                                               
28,  [2014],  with  the  next  step being  the  issuance  of  two                                                               
Requests  for  Proposal  (RFPs)   to  contract  out  studies  for                                                               
completion.                                                                                                                     
                                                                                                                                
11:28:34 AM                                                                                                                   
                                                                                                                                
LAURA  PIERRE,  Staff,  Senator   Anna  MacKinnon,  Alaska  State                                                               
Legislature,   reiterated   that  the   Education   sub-committee                                                               
prepared  two scopes  of  work  of which  were  approved and  are                                                               
prepared  to go  out to  RFP.   She noted  they are  currently at                                                               
Legislative Legal and Research Studies  for final review, but the                                                               
RFP could "hit the street"  tomorrow for the 21-day open proposal                                                               
period,  if approved.   She  explained that  the RFP  describes a                                                               
timeline of  how the study will  be developed and when  the final                                                               
report is due to the legislature.                                                                                               
                                                                                                                                
11:29:33 AM                                                                                                                   
                                                                                                                                
SENATOR MEYER asked if Alaska  vendors receive more points and he                                                               
recommended that someone within  Alaska perform the study because                                                               
the state's education system has a long history.                                                                                
                                                                                                                                
11:29:57 AM                                                                                                                   
                                                                                                                                
MS. PIERRE responded  in the affirmative and stated  there is the                                                               
Alaska [Product]  Preference (APP) and someone  doing business in                                                               
the State of  Alaska will receive the APP.   They have heard from                                                               
one company and she expects the responses to be Alaska based.                                                                   
                                                                                                                                
11:30:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER advised that the  RFPs look simple on paper                                                               
but  through  the  sub-committee process,  that  Chair  MacKinnon                                                               
lead,  these have  been  worked  through literally  word-by-word,                                                               
line-by-line, and concept-by-concept with  clear direction in the                                                               
RFPs that comply with the statute intent behind HB 278.                                                                         
                                                                                                                                
11:31:01 AM                                                                                                                   
                                                                                                                                
MS. PIERRE advised that subsequent  to the RPFs closing they will                                                               
return to  the [Legislative  Budget &  Audit Committee]  with the                                                               
intent  that a  sub-committee score  both of  the RFPs,  and then                                                               
award.                                                                                                                          
                                                                                                                                
11:31:19 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER interjected  that it  "may" be  awarded as                                                               
even though  the committee may have  received compliant responses                                                               
the committee  does not necessarily  have to award if  it decides                                                               
it is uncomfortable with the outcome.                                                                                           
                                                                                                                                
11:31:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit Committee  authorize the chair as  procurement officer to                                                               
solicit and award a contract for  an amount not to exceed a total                                                               
contract amount  of $225,000 for  a study of the  state education                                                               
funding  structure.   There  being no  objection,  the motion  is                                                               
approved.                                                                                                                       
                                                                                                                                
11:32:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit Committee  authorize the chair as  procurement officer to                                                               
solicit and award a contract for  an amount not to exceed a total                                                               
contract  amount  of $275,000  for  a  study of  Alaska's  school                                                               
funding  formula.    There  being no  objection,  the  motion  is                                                               
approved.                                                                                                                       
                                                                                                                                
11:32:27 AM                                                                                                                   
                                                                                                                                
CHAIR MACKINNON announced  that the next order  of business would                                                               
be a  discussion of two legislative  oil & gas consultants.   She                                                               
stated that  her intention is  to have  a firm contract  in place                                                               
for a  smooth transition as  the committee moves into  the [2015]                                                               
legislative session.   She advised [the contract]  will allow for                                                               
no  interruption  of  consulting services  as  the  [legislature]                                                               
continues  its  business  with  oil &  gas  discussions.    Chair                                                               
MacKinnon advised  the discussion  is of  the contracts  of Janak                                                               
Mayer and Nikos Tsafos.                                                                                                         
                                                                                                                                
11:33:02 AM                                                                                                                   
                                                                                                                                
MS. PIERRE  remarked that  a new contract  would be  provided for                                                               
the  consultants rather  than continuing  to amend  their current                                                               
contract  that  contains  a  specific   scope  and  proposal  the                                                               
committee had authorized.  She  explained the new contract is not                                                               
based on any scope or  proposal the consultants have presented as                                                               
it is  [based on] general consulting  on the plethora of  oil and                                                               
gas related matters before the  legislature.  The $10,000 a month                                                               
retainer  would be  maintained with  additional payment  based on                                                               
daily rates for the amount  of work performed outside the $10,000                                                               
monthly retainer of  40 hours total, she said.   She advised that                                                               
the  aforementioned  has  taken  place since  August  [2014]  and                                                               
appears to work quite well for  the needs of the legislature, and                                                               
in not paying a significant amount  for work that possibly is not                                                               
being completed.                                                                                                                
                                                                                                                                
11:34:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  surmised  that  there  might  be  a  site                                                               
specific project and the legislature  could enter into a contract                                                               
with a future date.                                                                                                             
                                                                                                                                
CHAIR MACKINNON answered in the affirmative.                                                                                    
                                                                                                                                
11:34:29 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   HAWKER  voiced   he   completely  supports   the                                                               
continuity that  is being planned  in bringing Janak  [Mayer] and                                                               
Nikos  [Tsafo]  on  board  on  this  basis.    The  contract  has                                                               
termination  clauses  and  other  clauses wherein  the  state  is                                                               
appropriately protected and he described  the consultants as core                                                               
background and financial modeler economists.                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER  pointed to  the "motion  in front  of me,"                                                               
last  sentence  "...  not  to  exceed a  total  amount  for  each                                                               
contractor of $200,000 for professional  services."  He expressed                                                               
there  are  two  separate  motions and  suggested  the  following                                                               
specific wording: "... the amount  for the contractor Janak Mayer                                                               
..."  and  another  motion  worded  specifically:  "...  for  the                                                               
contractor Niko Tsafos of $200,000 ... ."                                                                                       
                                                                                                                                
11:35:40 AM                                                                                                                   
                                                                                                                                
MS.  PIERRE agreed,  and  pointed out  that  the [12/11/14]  memo                                                               
reads $175,000,  and in  speaking with  Legislative Audit  it was                                                               
determined that  $200,000 is more  reasonable.  She  advised that                                                               
including  the   monthly  retainer,  the  contract   would  start                                                               
February 1, 2015  until January 31, 2016, 12  months at $120,000.                                                               
She  further advised  the $80,000  would be  a buffer  as far  as                                                               
travel  expenses   any  special   project  the   legislature  may                                                               
potentially request.                                                                                                            
                                                                                                                                
11:36:26 AM                                                                                                                   
                                                                                                                                
CHAIR MACKINNON presented  the hope that there will  be a natural                                                               
gas  pipeline "in  front of  us."   Therefore, as  Representative                                                               
Mike  Hawker becomes  chair there  may be  an opportunity  to put                                                               
forward a  gas symposium so  that everyone has the  knowledge and                                                               
information  provided to  past legislators,  she offered.   Chair                                                               
MacKinnon  opined  there  may  be  briefings  from  the  upcoming                                                               
administration on  how it is  negotiating inside the  confines of                                                               
advancing a natural gas pipeline to Alaskans.                                                                                   
                                                                                                                                
11:37:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit Committee  authorize the chair as  procurement officer to                                                               
enter  into a  contract  with Mr.  Janak  Mayer for  professional                                                               
services regarding  oil and gas fiscal  systems, project designs,                                                               
concepts,  and  agreements,  as  provided  by  the  exemption  in                                                               
legislative  procurement   procedure  [AS   36.30.]040(a)(1)  and                                                               
findings  by the  procurement officer.    Not to  exceed a  total                                                               
contract amount  for the contractor of  $200,000 for professional                                                               
services  provided through  January  31, 2016.    There being  no                                                               
objection, the motion is approved.                                                                                              
                                                                                                                                
11:37:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  made a motion that  the Legislative Budget                                                               
& Audit Committee  authorize the chair as  procurement officer to                                                               
enter  into a  contract with  Mr. Nikos  Tsafos for  professional                                                               
services regarding  oil and gas fiscal  systems, project designs,                                                               
concepts,  and  agreements,  as  provided  by  the  exemption  in                                                               
legislative  procurement   procedure  [AS   36.30.]040(a)(1)  and                                                               
findings  by the  procurement officer.    Not to  exceed a  total                                                               
contract amount  for the contractor of  $200,000 for professional                                                               
services  provided through  January  31, 2016.    There being  no                                                               
objection, the motion is approved.                                                                                              
                                                                                                                                
11:38:40 AM                                                                                                                   
                                                                                                                                
CHAIR  MACKINNON advised  the  committee there  is  a request  to                                                               
enter into contracts  with other consultants.  At  this time, she                                                               
directed,  until the  plans of  advancing an  LNG project  by the                                                               
incoming   administration  are   determined,  the   requests  are                                                               
postponed.  She noted that  the consultants are standing ready to                                                               
go  forward  and  assist  the   legislature,  and  the  issue  of                                                               
expending additional  dollars for  contract support  services can                                                               
be re-evaluated in January.                                                                                                     
                                                                                                                                
11:39:17 AM                                                                                                                   
                                                                                                                                
MS.  PIERRE added  that in  the event  Representative Hawker,  as                                                               
incoming chair, chooses to go forward  with an RFP process for an                                                               
additional  consultant, the  Legislative Audit  [team] previously                                                               
worked on the RFP and it is available.                                                                                          
                                                                                                                                
11:39:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER stated that as the environmental intention                                                                
of the incoming administration is unknown legal services for                                                                    
contract review and analysis may be required.                                                                                   
                                                                                                                                
11:40:18 AM                                                                                                                   
                                                                                                                                
CHAIR MACKINNON noted that the committee had maintained its                                                                     
quorum in order to conduct business.                                                                                            
                                                                                                                                
11:40:46 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the                                                                       
Legislative Budget & Audit Committee meeting was adjourned at                                                                   
11:40 a.m.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
LB&A Agenda 12.16.14.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 8.6.14.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 10.28.14.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 10.29.14.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 11.28.14 am.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 11.28.14. pm.pdf JBUD 12/16/2014 9:00:00 AM
Minutes 12.2.14.pdf JBUD 12/16/2014 9:00:00 AM
2014-12-10_RPLCompletedPacketWithoutBackup.pdf JBUD 12/16/2014 9:00:00 AM
Education Cost Studies Memo.pdf JBUD 12/16/2014 9:00:00 AM
Oil and Gas Consultant Contracts.pdf JBUD 12/16/2014 9:00:00 AM