Legislature(2019 - 2020)ADAMS ROOM 519

03/07/2019 06:00 PM Senate LEGISLATIVE BUDGET & AUDIT

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Audio Topic
06:07:56 PM Start
06:08:29 PM Election of Chair
06:09:03 PM Election of Vice Chair
06:10:58 PM Approval of Minutes
06:11:25 PM Report from David Teal
06:15:25 PM Report from Kris Curtis
06:23:46 PM Executive Session
07:54:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference Listen Only --
Election of Chair & Vice Chair
Report from David Teal, Legislative Finance
Director
- Interaction with LBA-RPLs
Report from Kris Curtis, Legislative Auditor
- Handbook & Duties
- Procedures & Confidentiality
- Status of Audits
Executive Session
- FY18 Statewide Single Audit
- Legal Guidance Regarding the Opinion on the
FY18 Comprehensive Annual Financial Report (CAFR)
Other Committee Business
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                         March 7, 2019                                                                                          
                           6:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Chris Tuck, Chair                                                                                                
Representative Neal Foster                                                                                                      
Representative Ivy Spohnholz                                                                                                    
Representative Jennifer Johnston (alternate)                                                                                    
                                                                                                                                
Senator Click Bishop, Vice Chair                                                                                                
Senator Bert Stedman                                                                                                            
Senator Natasha von Imhof                                                                                                       
Senator Cathy Giessel                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson                                                                                                   
Representative Mark Neuman                                                                                                      
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
Senator Peter Micciche (alternate)                                                                                              
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative DeLena Johnson                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
ELECTION OF CHAIR                                                                                                               
ELECTION OF VICE CHAIR                                                                                                          
APPROVAL OF MINUTES                                                                                                             
REPORT FROM DAVID TEAL, LEGISLATIVE FINANCE DIVISION                                                                            
REPORT FROM KRIS CURTIS, LEGISLATIVE AUDIT DIVISION                                                                             
EXECUTIVE SESSION                                                                                                               
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVID TEAL, Legislative Fiscal Analyst                                                                                          
Legislative Finance Division                                                                                                    
Legislative Agencies and Offices                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided  information  to the  Legislative                                                             
Budget  and  Audit  Committee  on the  role  of  the  Legislative                                                               
Finance Division.                                                                                                               
                                                                                                                                
KRIS CURTIS                                                                                                                     
Legislative Auditor                                                                                                             
Legislative Audit Division                                                                                                      
Legislative Agencies and Offices                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided  information  to the  Legislative                                                             
Budget and Audit  Committee on the role of  the Legislative Audit                                                               
Division.                                                                                                                       
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
6:07:56 PM                                                                                                                    
                                                                                                                                
CHAIR  BERT  STEDMAN  called the  Legislative  Budget  and  Audit                                                             
Committee meeting  to order at  6:07 p.m.   Representatives Tuck,                                                               
Foster, and  Johnston (alternate) and Senators  Stedman, Giessel,                                                               
and Bishop  were present  at the call  to order.   Representative                                                               
Spohnholz and  Senator von  Imhof arrived as  the meeting  was in                                                               
progress.  Also in attendance was Representative Johnson.                                                                       
                                                                                                                                
^Election of Chair                                                                                                            
                       Election of Chair                                                                                    
                                                                                                                                
6:08:29 PM                                                                                                                    
                                                                                                                                
CHAIR STEDMAN  announced that the  first order of  business would                                                               
be nominations for the chair  of the Legislative Budget and Audit                                                               
Committee.                                                                                                                      
                                                                                                                                
6:08:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  nominated  Representative Chris  Tuck  as                                                               
chair of the Legislative Budget  and Audit Committee for the 31st                                                               
Alaska  State  Legislature,  and  he asked  that  nominations  be                                                               
closed.  There being no objection, it was so ordered.                                                                           
                                                                                                                                
^Election of Vice Chair                                                                                                       
                     Election of Vice Chair                                                                                 
                                                                                                                                
6:09:03 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the next order  of business  would be                                                               
nominations  for the  vice chair  of the  Legislative Budget  and                                                               
Audit Committee.                                                                                                                
                                                                                                                                
6:09:16 PM                                                                                                                    
                                                                                                                                
SENATOR STEDMAN nominated  Senator Click Bishop as  vice chair of                                                               
the Legislative  Budget and Audit  Committee for the  31st Alaska                                                               
State  Legislature,  and he  asked  that  nominations be  closed.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
6:09:52 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  offered some  opening  remarks  which explained  the                                                               
lateness for  the organization  of the  committee.   He explained                                                               
the role  of alternate members  to the committee,  which included                                                               
participation when necessary  for the committee to  meet a quorum                                                               
and pointed out  that this was the only time  an alternate member                                                               
would be  allowed to vote.   He  clarified that all  members were                                                               
invited to attend any meeting of the committee.                                                                                 
                                                                                                                                
^Approval of Minutes                                                                                                          
                      Approval of Minutes                                                                                   
                                                                                                                                
6:10:58 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the next order  of business  would be                                                               
approval of the minutes.                                                                                                        
                                                                                                                                
6:11:05 PM                                                                                                                    
                                                                                                                                
SENATOR  BISHOP made  a  motion  to approve  the  minutes of  the                                                               
Legislative  Budget  and Audit  Committee  of  January 14,  2019.                                                               
There  being  no  objection,  the minutes  from  the  meeting  of                                                               
January 14, 2019 were approved.                                                                                                 
                                                                                                                                
^Report from David Teal                                                                                                       
      Report from David Teal, Legislative Finance Division                                                                  
                                                                                                                                
6:11:25 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK announced  that the next order of business  would be a                                                               
presentation  from David  Teal, Legislative  Fiscal Analyst.   He                                                               
asked  that   Mr.  Teal  explain  the   interaction  between  the                                                               
Legislative Finance Division and the committee.                                                                                 
                                                                                                                                
6:11:58 PM                                                                                                                    
                                                                                                                                
DAVID  TEAL,  Legislative  Fiscal  Analyst,  Legislative  Finance                                                               
Division,  Legislative Agencies  and Offices,  introduced himself                                                               
as the  Director of  the Legislative  Finance Division  and noted                                                               
that the  division reported to  the Legislative Budget  and Audit                                                               
Committee,  as well  as "90  percent of  our time  supporting the                                                               
finance committees  [House Finance  Committee and  Senate Finance                                                               
Committee] in putting  the budget together."  He  shared that the                                                               
Division's primary  interaction with  the Legislative  Budget and                                                               
Audit   Committee  would   be  for   the   "revised  programs   -                                                               
legislative"  (RPLs)  which  he  described  as  requests  by  the                                                               
executive branch  to receive and  spend money which had  not been                                                               
anticipated.    He acknowledged  that  this  money needed  to  be                                                               
appropriated.   He explained  that the RPLs  were brought  to the                                                               
committee for  review.  He  shared an  example of a  previous RPL                                                               
for Medicaid Expansion, which, although  it had not been approved                                                               
by  the committee,  the governor  had  gone ahead  and, after  45                                                               
days, approved  the RPL.  He  pointed out that regardless  of the                                                               
action  of  the  committee,  the  governor  could  implement  the                                                               
request after  45 days had  elapsed.  Approval  of an RPL  by the                                                               
committee eliminated the  necessity for the governor  to wait the                                                               
45 days  for expenditure.  He  explained the process for  an RPL:                                                               
it was sent  to the Legislative Finance Division  about two weeks                                                               
prior  to  a scheduled  Legislative  Budget  and Audit  Committee                                                               
meeting; the  Division then reviewed  the RPL and  added comments                                                               
and  recommendations,  in  conjunction  with  the  staff  to  the                                                               
committee, to the body of the RPL.   He noted that, if there were                                                               
any  objections or  questions which  the Office  of Management  &                                                               
Budget  (OMB) had  difficulty answering,  the  RPL was  typically                                                               
withdrawn.   He  stated  that once  an RPL  was  provided to  the                                                               
committee,  it had  usually "passed  muster," was  posted on  the                                                               
Division  website and  the  committee staff  was  notified.   The                                                               
committee staff would then contact  the committee members and the                                                               
RPL  was reviewed  and discussed  with the  Division at  the next                                                               
meeting.                                                                                                                        
                                                                                                                                
^Report from Kris Curtis                                                                                                      
      Report from Kris Curtis, Legislative Audit Division                                                                   
                                                                                                                                
6:15:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  announced that  the  next  of  business would  be  a                                                               
presentation  from Kris  Curtis, Legislative  Auditor.   He asked                                                               
that Ms.  Curtis explain the  interactions between  the committee                                                               
and the Legislative Audit Division.                                                                                             
                                                                                                                                
6:15:35 PM                                                                                                                    
                                                                                                                                
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
Legislative  Agencies  and Offices,  explained  her  role as  the                                                               
auditor,  noting that  she had  been with  the division  for more                                                               
than 25  years, and in  her current role  for more than  7 years.                                                               
She  introduced  other  members  of  her  staff.    She  directed                                                               
attention  to  a  memo  [Included   in  members'  packets]  which                                                               
outlined  the  responsibilities  of the  Legislative  Budget  and                                                               
Audit  Committee,  explaining  that  the  main  function  of  the                                                               
committee  was  to  provide the  Alaska  State  Legislature  with                                                               
fiscal analysis,  budget reviews, and  audits.  She  relayed that                                                               
statutes gave  the committee several powers,  including the broad                                                               
power to  review revenue projections, state  agency appropriation                                                               
requests and  expenditure of state  funds, and the  fiscal policy                                                               
and  procedures  of the  state  government.   She  declared  that                                                               
statutes  also  gave  the committee  oversight  responsibilities,                                                               
and, in some  instances, designated the committee  as the primary                                                               
representative  of the  legislature.   She pointed  out that  the                                                               
aforementioned memo  summarized some  of the lesser  known powers                                                               
and responsibilities and noted that  over the years the committee                                                               
had exercised these powers to  different degrees.  She introduced                                                               
the Legislative Budget and Audit  Committee handbook [Included in                                                               
members'  packets] which  detailed the  authorizing statutes  for                                                               
the committee  and identified the  two permanent  staff agencies,                                                               
the  Legislative  Audit  Division  and  the  Legislative  Finance                                                               
Division.   She  directed attention  to page  39 of  the handbook                                                               
which listed  the policies and  procedures, as well as  the known                                                               
dates of  adoption for  each.  She  reported that  the procedures                                                               
guided how the  committee would do its business  and included the                                                               
release of  an audit  and the  approval of  an audit  request, as                                                               
well as  contracts and  travel.   She discussed  the confidential                                                               
report release  procedures outlined on  page 47 of  the handbook.                                                               
She emphasized that statutes made  the audit process confidential                                                               
and  that it  was important  for committee  members and  staff to                                                               
take the  necessary precautions to prevent  the premature release                                                               
of  audit information  before the  committee had  the opportunity                                                               
for  review and  official release.   She  explained the  two-step                                                               
process for  release of the  reports.   First, it was  brought to                                                               
the committee as  a preliminary audit and  distributed during the                                                               
executive session  for discussion  of the report  conclusions and                                                               
recommendations.    When the  committee  comes  out of  executive                                                               
session,  it   would  typically  vote  whether   to  release  the                                                               
preliminary  audit back  to an  agency for  its formal  comments.                                                               
The audit would remain confidential  during the preliminary audit                                                               
phase and any communications between  the Legislative Auditor and                                                               
the  auditee  were confidential.    The  formal comments  by  the                                                               
auditee were  attached to the  preliminary audit and  returned to                                                               
the committee  for consideration  as a final  audit.   She stated                                                               
that a final audit would be  sent to committee members ahead of a                                                               
committee meeting and  would be delivered to  the member's office                                                               
in a sealed envelope, marked  "confidential," and printed on blue                                                               
paper in order to distinguish  this confidential audit from other                                                               
documents.   She added  that it  would be  necessary for  a staff                                                               
member to sign for receipt of the audit.                                                                                        
                                                                                                                                
6:20:11 PM                                                                                                                    
                                                                                                                                
MS. CURTIS  reported on the  status of  the current audits.   She                                                               
directed attention to  the matrix of current  audits [Included in                                                               
members'  packets].    She  relayed that  there  were  6  special                                                               
audits, 2  federal financial  audits, and 3  sunset audits.   She                                                               
noted that the  oldest performance audit was  from 2013 regarding                                                               
the overhaul  and refurbishment  of the  Tustumena [ferry  of the                                                               
Alaska Marine  Highway System], which  had been approved  and put                                                               
on hold  pending settlement of  the litigation between  the State                                                               
of Alaska and  the vendor.  She reported that,  as the litigation                                                               
had  been completed,  she would  evaluate the  settlement, report                                                               
back to  the committee with a  current status for the  audit, and                                                               
ask for  direction from the  committee for whether to  go forward                                                               
or  terminate  the  request.    She  directed  attention  to  the                                                               
Medicaid   and  CHIP   [Children's   Health  Insurance   Program]                                                               
eligibility audit.   She explained  that, as this  audit required                                                               
re-determination  of eligibility  for a  sample  of Medicaid  and                                                               
CHIP beneficiaries,  it would be  necessary to hire  a consultant                                                               
and  she  would  return  to  the committee  with  a  request  for                                                               
approval  of  the  procurement  contract.     She  added  that  a                                                               
consultant   would  also   be  hired   to   test/review  the   IT                                                               
[information technology]  controls over the Department  of Health                                                               
and  Social  Services  (DHSS) new  Medicaid  eligibility  system,                                                               
ARIES  [Alaska's Resource  for Integrated  Eligibility Services].                                                               
She noted that the contractor would  also review the edits to the                                                               
Medicaid system, to  ensure effective operation.   She pointed to                                                               
the December  2016 Medicaid  and CHIP  travel cost  audit, noting                                                               
that  it was  included in  the  members' packets.   She  directed                                                               
attention to  the first  sentence under the  first bullet  at the                                                               
bottom of  page 1 and read:   "identify Medicaid and  CHIP travel                                                               
expenditures from fiscal year 2014  (FY 14) through December 2016                                                               
and  report  the  top  15   travel  providers  with  the  highest                                                               
expenditures for FY  16."  She asked that  the committee consider                                                               
an amendment to  this first sentence which would  allow review of                                                               
information through December 2018 with  a report to include FY 18                                                               
to share more current, accurate, helpful information.                                                                           
                                                                                                                                
6:23:02 PM                                                                                                                    
                                                                                                                                
SENATOR BISHOP moved  that the first bullet in  the audit request                                                               
dated  December 2,  2016,  related to  Medicaid  and CHIP  travel                                                               
costs, be  amended to  replace December  2016 with  December 2018                                                               
and [replace]  FY 16 with  FY 18.   There being no  objection, it                                                               
was so approved.                                                                                                                
                                                                                                                                
^Executive Session                                                                                                            
                       Executive Session                                                                                    
                                                                                                                                
6:23:46 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK announced  that the next of business would  be to move                                                               
into Executive Session.                                                                                                         
                                                                                                                                
6:23:55 PM                                                                                                                    
                                                                                                                                
SENATOR BISHOP made  a motion to move to  executive session under                                                               
Uniform  Rule  22  of  the  Alaska  Legislature  for  purpose  of                                                               
receiving legal  guidance regarding the auditor's  opinion on the                                                               
FY 18  Comprehensive Annual Financial  Report (CAFR)  and discuss                                                               
the FY 18 Statewide Single Audit.   There being no objection, the                                                               
Legislative  Budget  and  Audit  Committee  went  into  executive                                                               
session at 6:24 p.m.                                                                                                            
                                                                                                                                
6:24:44 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 6:24 p.m. to 7:54 p.m.                                                                       
                                                                                                                                
7:54:39 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK brought the committee back to order at 7:54 p.m.                                                                     
                                                                                                                                
7:54:54 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There  being  no  further  business  before  the  committee,  the                                                               
Legislative Budget  and Audit Committee meeting  was adjourned at                                                               
7:54 p.m.                                                                                                                       

Document Name Date/Time Subjects
audit status.pdf JBUD 3/7/2019 6:00:00 PM
Meeting 19-03-07 Agenda Amended.pdf JBUD 3/7/2019 6:00:00 PM
30089 MCHIP Travel Audit Request.pdf JBUD 3/7/2019 6:00:00 PM
2019 LBAC Handbook.pdf JBUD 3/7/2019 6:00:00 PM