Legislature(1999 - 2000)

10/28/1999 09:08 AM Senate PRI

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
COMMISSION ON PRIVATIZATION AND DELIVERY OF GOVERNMENT SERVICES                                                                 
                       Anchorage, Alaska                                                                                        
                        October 28, 1999                                                                                        
                           9:08 a.m.                                                                                            
                                                                                                                                
COMMISSION MEMBERS PRESENT                                                                                                      
                                                                                                                                
Representative John Cowdery, Co-Chair                                                                                           
Senator Al Adams                                                                                                                
Commissioner Bill Allen                                                                                                         
Commissioner Tom Fink                                                                                                           
Commissioner Kathryn Thomas                                                                                                     
Commissioner George Wuerch                                                                                                      
Commissioner Emil Notti                                                                                                         
Commissioner Michael Harper                                                                                                     
                                                                                                                                
COMMISSION MEMBERS ABSENT                                                                                                       
                                                                                                                                
Senator Jerry Ward, Co-Chair                                                                                                    
Representative Tom Brice                                                                                                        
Commissioner Don Valesko                                                                                                        
                                                                                                                                
DEPARTMENT OF REVENUE SUBCOMMITTEE MEMBERS PRESENT                                                                              
                                                                                                                                
Mary Ann Pease, Chair                                                                                                           
Leisa Roberts                                                                                                                   
Leonard Steinberg                                                                                                               
John Main                                                                                                                       
Dana Owen - Department of Revenue Liaison (via teleconference)                                                                  
                                                                                                                                
COMMISSION AGENDA                                                                                                               
                                                                                                                                
Department of Revenue Subcommittee Draft Report                                                                                 
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
See Privatization Commission minutes dated 7/20/99, 8/16/99 and                                                                 
9/20/99.                                                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                                
TAPE 99-7, SIDE A                                                                                                               
                                                                                                                                
CO-CHAIR COWDERY called the Commission on Privatization and                                                                     
Delivery of Government Services meeting to order at 9:08 a.m.                                                                   
Members present at the call to order were Representative Cowdery                                                                
and Senator Adams and Commissioners Allen, Fink, Harper, Notti,                                                                 
Thomas and Wuerch.                                                                                                              
                                                                                                                                
CO-CHAIR COWDERY noted the approval of minutes would be delayed                                                                 
until Mr. Pignalberi's return from the Legislative Ethics Committee                                                             
meeting which he is attending to verify that no Commissioner has a                                                              
conflict of interest in his or her participation on the Commission.                                                             
                                                                                                                                
CO-CHAIR COWDERY introduced a new Commission member, Emil Notti.                                                                
                                                                                                                                
COMMISSIONER NOTTI informed Commission members that he was raised                                                               
on the Yukon and trained as an electronics engineer.  He brings                                                                 
experience to the Commission as a person who has been on both the                                                               
government and private sector sides of the workforce.  He served as                                                             
the Commissioner of the Department of Community and Regional                                                                    
Affairs and as a board member of Cook Inlet Region Incorporated,                                                                
and he has been serving as a board member of a bank for 26 years.                                                               
                                                                                                                                
Number 055                                                                                                                      
                                                                                                                                
CO-CHAIR COWDERY asked Mary Ann Pease, Chair of the Department of                                                               
Revenue Subcommittee, to present the subcommittee's draft report.                                                               
                                                                                                                                
MARY ANN PEASE introduced Department of Revenue Subcommittee                                                                    
members Leonard Steinberg, Leisa Roberts and John Main, and made                                                                
the following comments.  The Department of Revenue Subcommittee had                                                             
some very dedicated members and, although not all could be present                                                              
today, they unanimously supported the draft report.  At the                                                                     
subcommittee's first meeting, members looked at government                                                                      
functions that could be transferred to the private sector via                                                                   
contract, transferred to other levels of government, and/or                                                                     
consolidated to make efficiency changes. The draft reports prepared                                                             
on the Child Support Enforcement Division (CSED), the Alcohol                                                                   
Beverage Control (ABC) Board, the Income and Excise Audit Division,                                                             
the Oil and Gas Audit Division, the Treasury Division, the                                                                      
Permanent Fund Division, the Alaska Municipal Bond Bank Authority,                                                              
the Alaska Permanent Fund Corporation, the Alaska Housing Finance                                                               
Corporation (AHFC), the Alaska Mental Health Trust Authority, and                                                               
the State Pension Investment Board are contained in Commissioner's                                                              
packets.  Subcommittee members were unable to do an exhaustive                                                                  
audit on any of the divisions with the limited time and                                                                         
participation available and therefore concentrated on certain areas                                                             
that are identified in the draft report. Members reviewed all                                                                   
divisions but focused their recommendations on CSED and the ABC                                                                 
Board.  Subcommittee members believe that before any of their                                                                   
recommendations on privatization can be carried out, a detailed                                                                 
audit should be done with a primary emphasis placed on the areas                                                                
brought forward in the subcommittee's report.                                                                                   
                                                                                                                                
MS. PEASE asked Leisa Roberts to present the subcommittee's                                                                     
findings on CSED to Commission members.                                                                                         
                                                                                                                                
CO-CHAIR COWDERY noted it is his intention to extend the sunset                                                                 
date of the Commission on Privatization of Government Services                                                                  
during the next legislative session for the purpose of continuing                                                               
the work the subcommittees have started.  He acknowledged that he                                                               
is aware that the subcommittees could not get their hands around                                                                
everything they wanted to look at in the given time frame.                                                                      
                                                                                                                                
MS. PEASE commented that Ms. Roberts put many hours into her review                                                             
of CSED and has become an expert in this field.  She urged                                                                      
Commissioners to direct any questions about that agency to Ms.                                                                  
Roberts.                                                                                                                        
                                                                                                                                
LEISA ROBERTS introduced herself to Commissioners and informed them                                                             
that she is representing ARCO on the subcommittee.  She made the                                                                
following remarks about her review of CSED.  CSED is a very large                                                               
organization that has undergone many changes in the recent past,                                                                
the most notable change being the implementation of a system of                                                                 
staff retraining.  Of CSED's 47,000 cases, 37,000 cases have orders                                                             
in which the child support obligor has been established, and 27,000                                                             
of the cases with orders are in arrears.  CSED has no clear                                                                     
definition of cases in arrears and its arrearage accounts are not                                                               
aged in the way typical accounts are.  Because of the magnitude of                                                              
the caseload and the difficulty reviewing the agency, she looked at                                                             
sections within CSED that might benefit from privatization.  Those                                                              
areas are the investigations section, the locate section, and any                                                               
area that does not provide direct case work.                                                                                    
                                                                                                                                
MS. ROBERTS commented that in order to get a complete understanding                                                             
of CSED's operations, a thorough business process review should be                                                              
undertaken.  She stated that one area that stood out is that some                                                               
employee tasks could be done more efficiently if mechanized.                                                                    
                                                                                                                                
CO-CHAIR COWDERY asked Ms. Roberts to expand on that statement.                                                                 
                                                                                                                                
MS. ROBERTS indicated that the data for new hire information                                                                    
received from employers around the state is manually keyed in to a                                                              
computer program by CSED employees.  The same information is                                                                    
reported to other divisions and could easily be mapped out of those                                                             
divisions' systems and uploaded to CSED so that potential matches                                                               
could be identified.  Second, other data is extracted from the                                                                  
mainframe system and entered onto an excel spreadsheet by CSED                                                                  
employees.  A very inexpensive computer program is available that                                                               
can download the data from the mainframe system onto an excel                                                                   
spreadsheet.  She noted that CSED has put forth some effort to                                                                  
reduce its manual data input.  For example, a small number of                                                                   
payments are now received via electronic funds transfer. CSED could                                                             
encourage more payers to use that system and also implement a                                                                   
system in which recipients receive payments via electronic                                                                      
transfer, thus eliminating check printing and file sorting and                                                                  
updating.  If some of the inefficiencies are more thoroughly                                                                    
investigated, checked for compliance with laws and regulations and                                                              
corrected, better client service is likely to result.                                                                           
                                                                                                                                
While doing her review of CSED, MS. ROBERTS said that she found a                                                               
general feeling of discontent among people involved in the process.                                                             
MS. ROBERTS pointed out that modifications of cases are backlogged                                                              
to the point that a payer might be required to make more child                                                                  
support payments after a child turns 18 because the backlog                                                                     
prevented review of the modification while the child was a minor,                                                               
a scenario that agitates payers.  In a good many cases, paternity                                                               
has not yet been established.  CSED's immense caseload requires as                                                              
many employees as possible to work the active cases but CSED must                                                               
figure out what to do with the cases in arrears and privatization                                                               
might be the answer. CSED did solicit proposals for collection of                                                               
some cases in arrears, however restructuring the proposal might                                                                 
attract more bidders from the private sector.  She added that the                                                               
state might get more "bang for the buck" if some of the services                                                                
provided to CSED by other government agencies, such as legal                                                                    
services, are provided by the private sector.                                                                                   
                                                                                                                                
MS. ROBERTS acknowledged that she did not have time to thoroughly                                                               
review the implications of some of the recommendations but she                                                                  
believes that basic business process changes would make CSED a lot                                                              
more efficient.                                                                                                                 
                                                                                                                                
Number 212                                                                                                                      
                                                                                                                                
COMMISSIONER WUERCH commended Ms. Roberts on her excellent report                                                               
and asked, regarding interagency assistance, whether the divisions                                                              
have a general overlay of costs for the services they provide,                                                                  
regardless of the amount of assistance each provides, or whether                                                                
they charge on a per-task basis.                                                                                                
                                                                                                                                
MS. ROBERTS explained that legal services are billed in a manner                                                                
similar to that of a law firm, however the divisions work closely                                                               
together so that they "staff up" and determine how many attorneys                                                               
will be needed for the caseload.  To change that number, an                                                                     
attorney has to be reassigned to another division or agency, which                                                              
does not allow for the flexibility available in the private sector.                                                             
                                                                                                                                
COMMISSIONER WUERCH asked about the number of CSED cases.                                                                       
                                                                                                                                
MS. ROBERTS replied that of the 37,000 child support orders, 27,000                                                             
are in arrears.  The total number of cases is 47,000, however                                                                   
10,000 of those do not have orders established as of yet, and that                                                              
could be a matter of establishing paternity or locating the non-                                                                
custodial parent.                                                                                                               
                                                                                                                                
COMMISSIONER ALLEN asked Ms. Roberts to expand on the arrearage and                                                             
collections situation.                                                                                                          
                                                                                                                                
MS. ROBERTS explained that CSED does not age its accounts,                                                                      
therefore a case in arrears is defined as anything past due over                                                                
one day.  She suggested that the first action that should be taken                                                              
before considering outsourcing any of the collection function is to                                                             
establish criteria with which to consider cases in arrears.                                                                     
Typically, private industry ages accounts by 30, 60, and 90 days.                                                               
Accounts delinquent for more than 90 days receive the most                                                                      
attention.  She noted the amount of outstanding child support                                                                   
payments equals about $561 million.  Much of that amount is                                                                     
uncollectible because the amounts are based on forced orders, in                                                                
other words some orders are not reasonable considering the payers'                                                              
income.  CSED has no method to clearly identify the cases that are                                                              
uncollectible, nor can it identify those accounts that are                                                                      
seriously in arrears.  She recommended that CSED determine what can                                                             
be collected and that it prioritize collection of cases in arrears.                                                             
She pointed out that in cases in which the custodial parent is a                                                                
public assistance recipient and child support payments are                                                                      
collected, CSED is reimbursed by the federal government and it                                                                  
receives a special incentive as well.                                                                                           
                                                                                                                                
COMMISSIONER ALLEN asked at what point judicial remedies kick in,                                                               
and whether there is a point of time when the collection should be                                                              
outsourced.                                                                                                                     
                                                                                                                                
MS. ROBERTS replied that she was unable to establish that based on                                                              
the fact that she has no idea of the number of cases in that                                                                    
category.  CSED has about 221 employees plus some temporary                                                                     
employees, and just managing the ongoing cases, catching up, and                                                                
changing some of the business processes would probably keep every                                                               
employee very busy.  She guessed that any account in arrears beyond                                                             
90 days should be outsourced.                                                                                                   
                                                                                                                                
COMMISSIONER ALLEN asked how efficient CSED is in garnishment and                                                               
attaching, in particular permanent fund dividend checks.                                                                        
                                                                                                                                
MS. ROBERTS said she did not have adequate time to compare                                                                      
potential collections to the amount that CSED actually collected,                                                               
specifically permanent fund dividends, but CSED appears to do                                                                   
relatively well in the area of garnishment when the payer is active                                                             
in the system.                                                                                                                  
                                                                                                                                
Number 287                                                                                                                      
                                                                                                                                
SENATOR ADAMS noted that Ms. Roberts recommended that a cost-                                                                   
benefit analysis be performed on CSED and asked if she was                                                                      
suggesting that the cost-benefit analysis be outsourced.                                                                        
                                                                                                                                
MS. ROBERTS answered that CSED is working very hard to implement                                                                
processes and systems to improve its performance, but she wonders                                                               
if the agency is capable of determining when implementation of a                                                                
new process is guaranteed to be of benefit versus when it is trying                                                             
a good idea to see if it works.                                                                                                 
                                                                                                                                
SENATOR ADAMS asked Ms. Roberts if she looked at restructuring                                                                  
settlements.  He noted that the interest on some of the arrearage                                                               
accounts can amount to $10,000 and the arrearage might be due to                                                                
health or employment problems.  He questioned whether Ms. Roberts                                                               
looked at the possibility of reaching settlements with obligors                                                                 
before an account is outsourced for collection.                                                                                 
                                                                                                                                
MS. ROBERTS said she did not but thinks that is a great idea.  She                                                              
suspected that a comprehensive review would identify those areas                                                                
and isolate such cases.                                                                                                         
                                                                                                                                
COMMISSIONER THOMAS questioned whether figures are available to                                                                 
determine the amount spent to collect child support payments in                                                                 
cases that are current versus cases in arrears.                                                                                 
                                                                                                                                
MS. ROBERTS thought she could come up with those figures but said                                                               
she had trouble determining what should be included in that figure                                                              
in terms of staff costs, for example whether paternity                                                                          
determination and investigations should be included.  When she took                                                             
a first look at it on a per dollar collected basis, the State of                                                                
Alaska falls within the mid-range nationwide.                                                                                   
                                                                                                                                
CO-CHAIR COWDERY asked other subcommittee members to comment if                                                                 
they wished to do so at any time.                                                                                               
                                                                                                                                
COMMISSIONER WUERCH asked whether Ms. Roberts was able to do any                                                                
bench marking against other states on a cost per case basis.                                                                    
                                                                                                                                
MS. ROBERTS replied that she only did bench marking against cost                                                                
per dollar collected and, again, Alaska fell in the mid-range.  She                                                             
pointed out that many states have incorporated private industry                                                                 
into their CSED processes.                                                                                                      
                                                                                                                                
COMMISSIONER WUERCH asked if Ms. Roberts could recall the cost per                                                              
dollar collected.                                                                                                               
                                                                                                                                
MS. ROBERTS did not recall but said it is in the report.                                                                        
                                                                                                                                
CO-CHAIR COWDERY asked the number of states that have privatized                                                                
some of their CSED functions.                                                                                                   
                                                                                                                                
MS. ROBERTS indicated that data from 1995 shows that at least 20                                                                
states privatized one or more of their child support services                                                                   
statewide; 18 states privatized services at the local office level;                                                             
and another study reported that 21 contracts were awarded for full                                                              
service child support operations.                                                                                               
                                                                                                                                
Number 346                                                                                                                      
                                                                                                                                
SENATOR ADAMS asked if any of those states reverted to using                                                                    
government agencies again to provide the service.                                                                               
                                                                                                                                
MS. ROBERTS said that she cannot answer that question with                                                                      
assurance, but she heard that a few states have had negative                                                                    
experiences with privatizing services.                                                                                          
                                                                                                                                
MR. JOHN MAIN, the representative of the Alaska Public Employees                                                                
Association and the chief investigator of CSED, noted that several                                                              
states have withdrawn from their contracts with private entities,                                                               
especially in the area of locate. He added that the IRS announced                                                               
at a conference he attended the previous week that it will start                                                                
withdrawing information from those states that have privatized CSED                                                             
functions that use IRS information.  The IRS is particularly                                                                    
concerned about 1099 information because of the confidentiality                                                                 
issue.                                                                                                                          
                                                                                                                                
COMMISSIONER THOMAS noted that as an employer, she was just hit                                                                 
with the federal mandate regarding the new hire notification                                                                    
requirement.  She asked how the government can justify mandating                                                                
businesses to provide new hire information immediately while the                                                                
IRS is backing away.                                                                                                            
                                                                                                                                
MR. MAIN replied that the IRS is an entity unto itself and makes                                                                
its own rules.  He added that the Office of Child Support                                                                       
Enforcement in Washington, D.C. is challenging some of those rules,                                                             
including the IRS rule about non-cooperation with private                                                                       
businesses.  He suspects the IRS will come out ahead, however,                                                                  
because it controls the information.  He noted that his section                                                                 
uses the new hire data and that employers are given 20 days to                                                                  
submit to CSED the names of new hires and re-hires.  That gives                                                                 
CSED five days to check its system to determine if the person is in                                                             
the system and to set up a garnishment process.  That information                                                               
is then sent to Washington, D.C. where it is checked for arrearage                                                              
in other states.  Alaska then receives the information about                                                                    
payments due in other states.                                                                                                   
                                                                                                                                
MR. MAIN said one reason the federal government mandated the new                                                                
hire information is that the labor department collects quarterly                                                                
wage information but it was taking too long to disburse that                                                                    
information to effectively help the CSED collections process.                                                                   
Congress then passed a law requiring employers to notify their                                                                  
state CSED office within a month when a person is employed, so that                                                             
CSED can garnish wages immediately.  Some states have contracted                                                                
out with private contractors to do the new hire reporting, others                                                               
use their state departments of labor.  The State of Alaska decided                                                              
that CSED should conduct the program in-house because Department of                                                             
Labor notification would have cost an additional $1 million.                                                                    
                                                                                                                                
Number 412                                                                                                                      
                                                                                                                                
MARCO PIGNALBERI, Commission staff, asked Mr. Main to write a memo                                                              
to the Commission regarding the late-breaking information about the                                                             
IRS ruling so that the Commission can research that change before                                                               
it gives its recommendations to the Legislature.  He asked which of                                                             
the discrete steps in the CSED process the 1099 problem affects.                                                                
                                                                                                                                
MR. MAIN replied that it affects almost every section except the                                                                
case maintenance team. The locate section has access to 1099                                                                    
information, as does the caseworker, but all 1099 files must be                                                                 
kept in cabinets with IRS-approved locks.  The IRS is very                                                                      
concerned about access to its confidential information.                                                                         
                                                                                                                                
MR. PIGNALBERI asked if the federal office that oversees the                                                                    
distribution of funds to the states is challenging the IRS on the                                                               
new policy.                                                                                                                     
                                                                                                                                
MR. MAIN said it is challenging some aspects of that ruling.  The                                                               
IRS has said that if a private contractor currently has access to                                                               
1099 information, the state cannot renew the contract when it                                                                   
expires.  If the state has no contract, it advises against going in                                                             
that direction.  He offered to write a memo of explanation to                                                                   
Commission members.                                                                                                             
                                                                                                                                
MS. PEASE asked Leonard Steinberg to talk about the Income and                                                                  
Excise Audit Division and the Oil and Gas Audit Division.                                                                       
                                                                                                                                
Number 445                                                                                                                      
                                                                                                                                
LEONARD STEINBERG, Department of Revenue Subcommittee member, noted                                                             
that he would first like to respond to a question asked by Senator                                                              
Adams about who should do a cost benefit analysis of CSED.  After                                                               
discussing the issue, the subcommittee thought it would be                                                                      
beneficial to use an outside agency with experience in                                                                          
privatization and consolidation to do the analysis because such                                                                 
expertise and insight could benefit CSED's program.                                                                             
                                                                                                                                
MR. STEINBERG explained that the Department of Revenue Subcommittee                                                             
met several times and that 10 to 12 individuals participated on a                                                               
regular basis.  The different agencies within the Department of                                                                 
Revenue were divided up among subcommittee members to review and                                                                
investigate with an eye toward privatization, consolidation, and                                                                
opportunities for cost saving efficiencies.  Each individual                                                                    
prepared a written report on his or her agency, and the draft                                                                   
reports were discussed among the entire subcommittee and members of                                                             
the public. The subcommittee adopted the recommendations supported                                                              
by a majority of its members; many of the recommendations received                                                              
unanimous support.  Those recommendations then became the body of                                                               
the draft report presented to the Commission.  The consensus of the                                                             
subcommittee was that the highest areas of opportunity for                                                                      
efficiency improvements within the Department of Revenue are with                                                               
CSED and the ABC Board.                                                                                                         
                                                                                                                                
Regarding the Oil and Gas Audit Division and the Income and Excise                                                              
Audit Division, MR. STEINBERG said that during his review, he                                                                   
learned that the two divisions plan to merge into one agency in the                                                             
Spring of 2000.  Some efficiencies will be gained by that merger.                                                               
Some functions of both divisions are currently being outsourced,                                                                
however the subcommittee recommended that the divisions explore                                                                 
further opportunities to outsource.  For the most part, the                                                                     
subcommittee feels that the two divisions are on the right track.                                                               
He noted that the Administration and division directors were very                                                               
cooperative in this process.                                                                                                    
                                                                                                                                
COMMISSIONER FINK stated that the Subcommittee's mission statement                                                              
does not include the investigation of government functions that                                                                 
should be eliminated, which was part of the Commission's enabling                                                               
legislation.  Also, the Subcommittee's report recommends that AHFC                                                              
be looked into. He noted that AHFC is a big ticket item while the                                                               
other recommendations are small ticket items.  He maintained that                                                               
if the state got out of the secondary mortgage business, it could                                                               
accrue $1 billion, and that it is a service that most states do not                                                             
provide.  He asked if the subcommittee discussed that concept at                                                                
all.                                                                                                                            
                                                                                                                                
MS. PEASE replied that the subcommittee did discuss that specific                                                               
subject and realized it is a key area that could be eliminated,                                                                 
however it did not have the resources nor the expertise to review                                                               
AHFC in depth.  The subcommittee member with that expertise who was                                                             
assigned to that area was unfortunately unable to do the work.  The                                                             
subcommittee's report instead says that it recognizes that it                                                                   
lacked the resources to do a full audit of AHFC but it wholly                                                                   
believes that is the one function that could be eliminated or                                                                   
changed substantially.                                                                                                          
                                                                                                                                
COMMISSIONER FINK asked if there was any particular reason why the                                                              
elimination of government functions was not listed in the                                                                       
subcommittee's mission statement.                                                                                               
                                                                                                                                
MS. PEASE replied that the omission was an oversight and that it                                                                
should have been included because the subcommittee certainly did                                                                
address the subject.                                                                                                            
                                                                                                                                
MR. PIGNALBERI pointed out that the report is a draft and that the                                                              
subcommittee will make any changes it feels are appropriate to the                                                              
final.                                                                                                                          
                                                                                                                                
COMMISSIONER THOMAS indicated that oil and gas functions are                                                                    
carried out in other departments.  She asked whether the                                                                        
subcommittee looked at any cross-department functions.                                                                          
                                                                                                                                
MR. STEINBERG said the subcommittee did not look at the oil and gas                                                             
functions within the Departments of Law and Natural Resources                                                                   
except that the Oil and Gas Audit Division performs royalty audits                                                              
for the Department of Natural Resources.                                                                                        
                                                                                                                                
Number 538                                                                                                                      
                                                                                                                                
CO-CHAIR COWDERY commented that during the House floor debate on                                                                
the Commission's enabling legislation, many legislators felt that                                                               
the time line to achieve the Commission's task was too short. For                                                               
that reason, he initially asked subcommittees to focus on what they                                                             
could get their hands around with their limited resources and time.                                                             
He expects a further review of certain agency functions to take                                                                 
place, possibly next year.                                                                                                      
                                                                                                                                
MS. PEASE stated that John Main was able to bring his expertise to                                                              
the review of the ABC Board and she noted the subcommittee                                                                      
unanimously supported Mr. Main's recommendations.   She asked Mr.                                                               
Main to discuss the details of his report with the Commission.                                                                  
                                                                                                                                
MR. MAIN made the following comments about the ABC Board.  One                                                                  
thing that stood out when he began his review of the ABC Board is                                                               
that the board has a very limited function. He has spoken with ABC                                                              
Board investigators over a period of years, and he believes the ABC                                                             
Board's functions could be expanded to govern the regulation of                                                                 
tobacco use and gaming, two functions currently housed under two                                                                
other divisions. At present, two investigators focus on gaming                                                                  
violations, and three or four investigators focus on alcohol                                                                    
violations, while no investigators focus on tobacco violations.                                                                 
The state contracts with a few police departments to enforce                                                                    
tobacco regulations and laws.                                                                                                   
                                                                                                                                
MR. PIGNALBERI noted that one page had inadvertently been omitted                                                               
from the ABC Board section of the draft report and that a corrected                                                             
version had been distributed to Commissioners.                                                                                  
                                                                                                                                
Number 570                                                                                                                      
                                                                                                                                
SENATOR ADAMS commented that when functions are merged within one                                                               
agency, that agency often becomes less efficient in carrying out                                                                
each individual function.  He noted that the Legislature has not                                                                
provided enough funds to the ABC Board so that its investigators                                                                
can handle their own duties around the state now.                                                                               
                                                                                                                                
MR. MAIN maintained that he believes the combining of functions                                                                 
will improve efficiency because the investigators will be able to                                                               
look into all three types of violations when they travel to areas                                                               
throughout Alaska.  He agreed with Senator Adams in that the number                                                             
of ABC Board investigators needs to be increased and that some of                                                               
the laws governing the ABC Board need to be changed.  He pointed                                                                
out that the ABC Board estimates it needs 10 investigators to                                                                   
adequately cover the entire state.  At the present time, three                                                                  
people work in the tobacco prevention program, one solely contracts                                                             
out the enforcement aspect.                                                                                                     
                                                                                                                                
TAPE 99-7, SIDE B                                                                                                               
                                                                                                                                
SENATOR ADAMS asked who would prioritize the cases on alcohol,                                                                  
gaming, or tobacco violations for the 10 investigators.  He noted                                                               
that gaming violations are very difficult to investigate.                                                                       
                                                                                                                                
MR. MAIN replied that it would be up to the ABC Board to determine,                                                             
but at the same time, most investigators have law enforcement                                                                   
backgrounds as well as economic crime backgrounds.  He believes any                                                             
new hires should have a background in both, because investigators                                                               
will need a knowledge of how violators of the gaming regulations                                                                
operate.  He believes the investigators, if given the enforcement                                                               
ability to look at all three areas, would do so with diligence.                                                                 
                                                                                                                                
MR. PIGNALBERI called Commissioners' attention to the conclusion                                                                
paragraph on page 6 of the draft report which offers an alternative                                                             
solution that would vest the ABC Board with the statutory authority                                                             
to do the enforcement without actually combining the agencies.                                                                  
                                                                                                                                
MS. PEASE pointed out the subcommittee's first choice is to combine                                                             
the functions but, if that is not possible, the subcommittee's                                                                  
second choice is to modify Title 4 to allow the ABC Board to                                                                    
enforce tobacco and gaming laws under contract.                                                                                 
                                                                                                                                
Number 556                                                                                                                      
                                                                                                                                
SENATOR ADAMS asked if, out of all of the recommendations for the                                                               
Department of Revenue, only one statutory change is recommended and                                                             
that is to Title 4.                                                                                                             
                                                                                                                                
MS. PEASE said that is correct.                                                                                                 
                                                                                                                                
COMMISSIONER FINK asked whether Mr. Main determined a dollar amount                                                             
that might be saved from combining the three functions.                                                                         
                                                                                                                                
MR. MAIN replied that he did not, although he looked at the current                                                             
cost of enforcement for tobacco violations.  The federal government                                                             
pays the state to contract out for that enforcement, and police                                                                 
officers are paid about $60 per hour under those contracts.                                                                     
                                                                                                                                
MR. PIGNALBERI asked if that is federal pass-through money.                                                                     
                                                                                                                                
MR. MAIN said it is.                                                                                                            
                                                                                                                                
AN UNIDENTIFIED COMMISSIONER asked what strings are attached to                                                                 
that federal money.                                                                                                             
                                                                                                                                
MR. MAIN explained that the contractors have to ensure that they                                                                
are in compliance with the number of visits they make to                                                                        
establishments and the number of violations they find.                                                                          
                                                                                                                                
MR. PIGNALBERI asked whether the federal dollars could be used for                                                              
simultaneous enforcement of alcohol or gaming violations.                                                                       
                                                                                                                                
MR. MAIN replied that he believes the state could have offered the                                                              
enforcement dollars to any state agency with such authority, but                                                                
instead the state offered it to the various police departments.                                                                 
                                                                                                                                
CO-CHAIR COWDERY asked Elmer Lindstrom to comment on the tobacco                                                                
prevention program.                                                                                                             
                                                                                                                                
Number 540                                                                                                                      
                                                                                                                                
MR. ELMER LINDSTROM, Special Assistant to the Department of Health                                                              
and Social Services (DHSS), informed Commission members that he has                                                             
not had a chance to review the recommendation related to the ABC                                                                
Board.  Mr. Lindstrom commented that the Division of Public Health                                                              
in the DHSS receives about $300,000 per year from the Food and Drug                                                             
Administration to enforce tobacco violations, which DHSS has passed                                                             
through to local police agencies.  He is unsure whether the ABC                                                                 
Board is aware of what DHSS is doing in this area.  He pointed out                                                              
that tobacco enforcement activity is not centered around liquor                                                                 
stores or bars because its focus is on preventing youth from                                                                    
purchasing tobacco products, an activity that centers around                                                                    
grocery stores.  He noted that he is not aware of all of the                                                                    
constraints on those federal funds, however they are significant.                                                               
Although DHSS is very aware of the need for more ABC Board                                                                      
investigators for enforcement of alcohol violations, he asked                                                                   
Commissioners to look at this recommendation very closely.  DHSS's                                                              
tobacco control team is a public health program of which law                                                                    
enforcement is only one element.  The program also looks at a host                                                              
of prevention activities put together by the Center for Disease                                                                 
Control. DHSS would be reluctant to carve up that comprehensive                                                                 
tobacco control program.                                                                                                        
                                                                                                                                
MR. PIGNALBERI asked Mr. Lindstrom to provide the Commission with                                                               
a written response to the ABC Board recommendation.                                                                             
                                                                                                                                
MR. LINDSTROM agreed to do so.                                                                                                  
                                                                                                                                
COMMISSIONER HARPER asked if the total budget is about $600,000.                                                                
                                                                                                                                
MR. MAIN replied that the ABC Board has $600,000.                                                                               
                                                                                                                                
COMMISSIONER HARPER asked if the $300,000 in contract money would                                                               
be added.                                                                                                                       
                                                                                                                                
MR. MAIN said yes, plus the amount of funds allocated to the gaming                                                             
section for its investigations.  He noted that he does not have                                                                 
that figure but that section has only three investigators.                                                                      
                                                                                                                                
COMMISSIONER HARPER said he is struck by Commissioner's Fink                                                                    
concern about AHFC's involvement in the secondary mortgage market                                                               
and that the $600,000 and $300,000 is probably the equivalent of                                                                
three to five homes that AHFC has secondary mortgages on.  He                                                                   
suggested that Commissioners take some time to speak to the AHFC                                                                
chairman about why the state does not save $1 million from AHFC.                                                                
                                                                                                                                
CO-CHAIR COWDERY agreed that further discussion about AHFC is                                                                   
important.                                                                                                                      
                                                                                                                                
MS. PEASE stated that the subcommittee is aware that AHFC is a huge                                                             
area that needs to be investigated at a much more thorough level                                                                
than the subcommittee was able to do.  The subcommittee did not                                                                 
mean to short AHFC, however it is an enormous organization, and                                                                 
the subcommittee member dedicated to do that report was unable to                                                               
do so.  Ms. Pease maintained that the subcommittee would be more                                                                
than happy to review AHFC if the time line was extended but it                                                                  
believes a professional audit would be well warranted.                                                                          
                                                                                                                                
COMMISSIONER WUERCH thanked Ms. Pease and subcommittee members for                                                              
all of the hours they put into this project.  He said as a                                                                      
postscript to Commissioner Harper's comment about the importance of                                                             
looking at some of the big dollar issues, he believes that rather                                                               
than focusing on a detailed audit, the fundamental question of                                                                  
which state services should be provided in an era of declining                                                                  
revenues needs to be addressed.  Although it would be nice to                                                                   
continue to provide all of the services the state has offered over                                                              
the last 20 years, it may not be able to afford to do so anymore.                                                               
He asked Commissioners to think about some of the bigger policy                                                                 
issues in addition to the detailed reports before the Commission                                                                
adjourns in December.                                                                                                           
                                                                                                                                
MR. PIGNALBERI indicated that the Commission could ask the                                                                      
subcommittee to do a further review of AHFC or the Commission could                                                             
create a subcommittee of Commissioners to review that agency.                                                                   
                                                                                                                                
COMMISSIONER FINK stated that he intends to pursue this issue                                                                   
before the Commission adjourns and that he agrees with Commissioner                                                             
Wuerch that this issue is a policy question.  He maintained that he                                                             
was in the Legislature when AHFC was created and that it was                                                                    
appropriate at the time because Alaska had very poor secondary                                                                  
markets and was being mistreated by the "outside."   He maintained                                                              
that is no longer the case as an adequate private sector market now                                                             
exists. He indicated that AHFC has $3 to $4 billion in net assets,                                                              
and it pays out about $106 million per year.  By liquidating the                                                                
mortgages or letting them run out over a period of ten years, $3 or                                                             
$4 billion dollars would be freed up.  He repeated that the                                                                     
continuation of AHFC is a policy question.  Rather than conducting                                                              
an audit, he suggested getting a copy of AHFC's balance sheet.  He                                                              
believes the quarrelsome area of this issue for the Commission will                                                             
be the advisability of getting out and whether an adequate private                                                              
sector secondary mortgage market exists.  He suggested that because                                                             
the Commission's work is supposed to be completed by the end of                                                                 
December, the topic be discussed by the full Commission.                                                                        
                                                                                                                                
MR. PIGNALBERI asked Commissioners if they want to extend an                                                                    
invitation to AHFC to have a full discussion at the next Commission                                                             
meeting.                                                                                                                        
                                                                                                                                
COMMISSIONER HARPER thought the Commission should look at AHFC's                                                                
balance sheet and revenue statements.  He also suggested getting                                                                
more information from the financial sector on the secondary                                                                     
mortgage market.                                                                                                                
                                                                                                                                
COMMISSIONER NOTTI commented that Alaska used to be the borrower,                                                               
but conditions have changed, and Alaska is now exporting cash all                                                               
over the country therefore it may be a good time for review.                                                                    
                                                                                                                                
COMMISSIONER WUERCH agreed that it would be useful to get financial                                                             
statements from AHFC because it sounds as though AHFC's yield is                                                                
about three percent.  If the Legislature could take that same $3 or                                                             
$4 billion and invest it in the CBR fund or Permanent Fund and get                                                              
six to seven percent, the revenue stream would double.                                                                          
                                                                                                                                
COMMISSIONER THOMAS suggested that since Ms. Pease offered to                                                                   
review AHFC, the Commission should ask the subcommittee to take a                                                               
look at it and report back.                                                                                                     
                                                                                                                                
MS. PEASE agreed the subcommittee would be happy to do that. She                                                                
noted the subcommittee might reconvene as a smaller group but                                                                   
members would be focussing solely on AHFC and could review the                                                                  
financial statements of AHFC and look at the impact to the state of                                                             
reallocating that money.                                                                                                        
                                                                                                                                
COMMISSIONER HARPER asked that the subcommittee recommend whether                                                               
AHFC is a necessary government function or whether the private                                                                  
sector could offer those services.  He repeated that he does not                                                                
believe an audit is necessary.                                                                                                  
                                                                                                                                
MS. PEASE commented that speaking to local bankers would be                                                                     
helpful.                                                                                                                        
                                                                                                                                
CO-CHAIR COWDERY acknowledged the Commission would like the                                                                     
subcommittee to review the policy question.                                                                                     
                                                                                                                                
Number 408                                                                                                                      
                                                                                                                                
MR. PIGNALBERI stated, for the record, that the Department of                                                                   
Revenue Subcommittee will do an additional report on AHFC.                                                                      
                                                                                                                                
COMMISSIONER HARPER suggested writing a letter to Mr. Cuddy and Mr.                                                             
Rasmussen informing them that the Commission is looking at ways of                                                              
streamlining and saving money by doing away with AHFC.                                                                          
                                                                                                                                
COMMISSIONER HARPER noted that he was limiting his remarks to the                                                               
secondary mortgage market because he does not want to get involved                                                              
with the ASHA aspect.                                                                                                           
                                                                                                                                
MS. PEASE asked Commissioner Fink to contact Jerry Anderson and ask                                                             
him to lend his expertise to the Subcommittee in this venture.                                                                  
                                                                                                                                
                                                                                                                                
CO-CHAIR COWDERY noted his appreciation for the thoroughness and                                                                
professionalism of subcommittee members and thanked them on behalf                                                              
of the Legislature.                                                                                                             
                                                                                                                                
MS. PEASE asked about the time line for reporting back to the                                                                   
Commission.                                                                                                                     
                                                                                                                                
MR. PIGNALBERI asked for the report before the November 18                                                                      
Commission meeting.                                                                                                             
                                                                                                                                
Regarding approval of the minutes from the previous meeting, MR.                                                                
PIGNALBERI noted two corrections, and Commissioner Wuerch noted the                                                             
correct spelling of his name.                                                                                                   
                                                                                                                                
SENATOR ADAMS moved that the September 20, 1999 minutes be approved                                                             
with the noted corrections.  There being no objection, the motion                                                               
carried.                                                                                                                        
                                                                                                                                
MR. PIGNALBERI announced that the subcommittees on the Departments                                                              
of Corrections, Law, Labor, Environmental Conservation, and Courts                                                              
will present their draft reports to the Commission at the November                                                              
4th meeting.                                                                                                                    
                                                                                                                                
CO-CHAIR COWDERY informed Commissioners that the Commission will be                                                             
very active in the next few weeks listening to the subcommittee                                                                 
recommendations and preparing a final report for the Legislature.                                                               
                                                                                                                                
MR. PIGNALBERI thanked Dana Owen from the Department of Revenue for                                                             
his cooperation and asked him to submit comments on the                                                                         
subcommittee's draft report to the Commission before the next                                                                   
meeting.  He suggested that the Commission consider accepting the                                                               
draft report, or parts of it, at the next meeting after it receives                                                             
the department's comments.  He asked Mr. Owen if he is aware of the                                                             
department's position on the two major recommendations concerning                                                               
the CSED privatization proposal and the consolidation of the                                                                    
investigative functions within the ABC Board.                                                                                   
                                                                                                                                
MR. OWEN replied that in general, the Department of Revenue does                                                                
not object to any of the recommendations if they are focused on                                                                 
studying the matters further.  CSED is an extremely complex and                                                                 
technical matter and some areas deserve to be looked at,                                                                        
particularly the business processes.  He warned that everyone be                                                                
very cautious about unintended consequences when studying CSED                                                                  
because of problems like changes in IRS policies.  He thought that                                                              
overall the Department of Revenue will be neutral on the                                                                        
recommendations and that there will be no surprises.                                                                            
                                                                                                                                
CO-CHAIR COWDERY commented that, for the most part, the staff from                                                              
the Administration have been very cooperative and he expressed                                                                  
appreciation for that cooperation.                                                                                              
                                                                                                                                
Number 315                                                                                                                      
                                                                                                                                
SENATOR ADAMS asked that the agencies' responses be included with                                                               
the presentation of the subcommittee reports, and that once a                                                                   
report is accepted by the Commission, the recommendations be                                                                    
provided to Commissioners on one sheet of paper.  He also expressed                                                             
hope that the Commission does not lose sight of the Legislature's                                                               
intent when it passed the Commission's enabling legislation. He                                                                 
said it will be Anchorage, not the rural areas, that take the brunt                                                             
of the cuts in services that may result from privatization.                                                                     
                                                                                                                                
With no further business to come before the Commission, CO-CHAIR                                                                
COWDERY adjourned the meeting at 10:20 a.m. until November 4.                                                                   

Document Name Date/Time Subjects