Legislature(2011 - 2012)ANCH LIO Rm 220

09/05/2012 10:30 AM House LEGISLATIVE BUDGET & AUDIT


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Audio Topic
10:32:11 AM Start
10:33:20 AM Approval of Minutes
10:33:45 AM Revised Program - Legislative (rpls)
10:39:43 AM Executive Session
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ RPLs TELECONFERENCED
Audits - Executive Session
Other Committee Business
<Teleconference from Juneau, Beltz 105 (TSBldg)>
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                       Anchorage, Alaska                                                                                        
                       September 5, 2012                                                                                        
                           10:32 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Chair                                                                                               
Representative Mark Neuman (via teleconference)                                                                                 
Representative Kurt Olson                                                                                                       
Representative Bill Thomas (via teleconference)                                                                                 
Representative Mike Doogan                                                                                                      
Senator Lyman Hoffman                                                                                                           
Senator Kevin Meyer (alternate)                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Linda Menard                                                                                                            
Senator Thomas Wagoner                                                                                                          
Representative Scott Kawasaki (alternate)                                                                                       
Representative Bill Stoltze (alternate)                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
APPROVAL OF MINUTES                                                                                                             
REVISED PROGRAM - LEGISLATIVE (RPLS)                                                                                            
EXECUTIVE SESSION                                                                                                               
RELEASE OF AUDITS                                                                                                               
OTHER COMMITTEE BUSINESS                                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROB CARPENTER, Fiscal Analyst                                                                                                   
Legislative Fiscal Analysts                                                                                                     
Legislative Finance Division                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed RPLs 06-3-0100 and 18-3-0357 that                                                               
were before the committee.                                                                                                      
                                                                                                                                
ALICE EDWARDS, Director                                                                                                         
Division of Air Quality                                                                                                         
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     During  discussion  of   RPL  18-3-0357,                                                             
answered questions.                                                                                                             
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Legislative Audit Division                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Discussed  the  existing   and  proposed                                                             
compensatory time policy.                                                                                                       
                                                                                                                                
SKIFF LOBAUGH, Manager                                                                                                          
Division of Personnel                                                                                                           
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:     During  discussion   of  the   proposed                                                             
compensatory time policy, answered questions.                                                                                   
                                                                                                                                
PAULYN SWANSON, Staff                                                                                                           
Representative Hawker                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During hearing, answered questions.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:32:11 AM                                                                                                                   
                                                                                                                                
CHAIR  MIKE  HAWKER  called  the  Legislative  Budget  and  Audit                                                             
Committee meeting to order at  10:32 a.m.  Representatives Neuman                                                               
(via   teleconference),  Olson,   Thomas  (via   teleconference),                                                               
Doogan,  and Hawker  and Senators  Hoffman and  Meyer (alternate)                                                               
were present at the call to order.                                                                                              
                                                                                                                                
^Approval of Minutes                                                                                                            
                      Approval of Minutes                                                                                   
                                                                                                                                
10:33:20 AM                                                                                                                   
                                                                                                                                
CHAIR HAWKER announced that the  first order of business would be                                                               
the approval of the minutes from the June 27, 2012, meeting.                                                                    
                                                                                                                                
REPRESENTATIVE OLSON moved  to approve the minutes  from the June                                                               
27, 2012,  meeting.  There  being no objection, the  minutes were                                                               
approved.                                                                                                                       
                                                                                                                                
^Revised Program - Legislative (RPLs)                                                                                           
              Revised Program - Legislative (RPLs)                                                                          
                                                                                                                                
10:33:45 AM                                                                                                                   
                                                                                                                                
CHAIR HAWKER announced  that the next order of  business would be                                                               
consideration of the following RPLs:  06-3-0100 and 18-3-0357.                                                                  
                                                                                                                                
10:34:03 AM                                                                                                                   
                                                                                                                                
ROB  CARPENTER,  Fiscal  Analyst,  Legislative  Fiscal  Analysts,                                                               
Legislative Finance  Division, explained  that via  RPL 06-3-0100                                                               
the   Department  of   Health   and   Social  Services   requests                                                               
authorization  to  expend  $9,540,185   in  federal  receipts  to                                                               
provide financial  incentives to hospitals and  other health care                                                               
providers for adopting, implementing,  or upgrading an electronic                                                               
record technology.  This RPL would  be in addition to an existing                                                               
$36.5 million capital project authorized  in the 2011 legislative                                                               
session.   However, due  to faster  than expected  utilization of                                                               
the  program,  that  expenditure  authority  is  expected  to  be                                                               
exhausted soon  after the start of  the 2013 session.   This is a                                                               
100 percent federally funded program.   Mr. Carpenter stated that                                                               
the  Legislative Audit  Division has  no technical  concerns with                                                               
RPL 06-3-0100.                                                                                                                  
                                                                                                                                
10:35:45 AM                                                                                                                   
                                                                                                                                
MR.  CARPENER  moved  on  to  RPL  18-3-0357  through  which  the                                                               
Department  of  Environmental  Conservation (DEC)  is  requesting                                                               
authorization to  expend $467,000  in federal receipts  on grants                                                               
that would allow  the Native Village of Shungnak  to recover heat                                                               
from the  power plant and use  it for other city  facilities.  He                                                               
informed the committee that originally,  $592,600 was awarded for                                                               
the  Shungnak  project  to  be  used  over  three  fiscal  years.                                                               
However,  due to  project  delays  expenditure requirements  have                                                               
accumulated  to the  current fiscal  year, and  thereby straining                                                               
the existing  federal authorization.   He  pointed out  that once                                                               
this  project is  complete, it  will reduce  fuel consumption  in                                                               
Shungnak  by   9,200  gallons  per   year,  which   will  provide                                                               
considerable cost savings to the  community.  Without approval of                                                               
this RPL, DEC  may be required to return  existing unused funding                                                               
to  avoid disruption  of the  normal air  quality programs.   Mr.                                                               
Carpenter  stated that  the Legislative  Finance Division  has no                                                               
technical concerns with RPL 18-3-0357.                                                                                          
                                                                                                                                
10:37:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  whether this  funding request  will                                                               
complete the project.                                                                                                           
                                                                                                                                
MR. CARPENTER answered  that he believes so, but  deferred to DEC                                                               
staff.                                                                                                                          
                                                                                                                                
10:37:27 AM                                                                                                                   
                                                                                                                                
ALICE EDWARDS,  Director, Division of Air  Quality, Department of                                                               
Environmental  Conservation, confirmed  that the  funding in  RPL                                                               
18-3-0357 will complete the project.                                                                                            
                                                                                                                                
10:37:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN then  inquired as to who  has overseen this                                                               
project and allowed it to be overrun.                                                                                           
                                                                                                                                
MS.  EDWARDS  responded that  the  Division  of Air  Quality  has                                                               
overseen  this project.   She  explained that  the sub-award  was                                                               
granted  in  fiscal  year  2011 and  there  were  two  sub-awards                                                               
granted  to the  Alaska Village  Electric Cooperative  (AVEC), of                                                               
which one  was for a  project in Good News  Bay and the  other in                                                               
Shungnak.  The Good News  Bay project has been completed, whereas                                                               
the Shungnak  project faced some  design delays that  resulted in                                                               
the   desire   to   have  additional   time   to   complete   the                                                               
implementation and installation of the project.                                                                                 
                                                                                                                                
10:38:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE NEUMAN  expressed concern  that if members  in the                                                               
department don't know what they're  doing, perhaps they shouldn't                                                               
continue to manage the Shungnak project.                                                                                        
                                                                                                                                
10:38:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE OLSON  moved to approve  the following RRLs:   RPL                                                               
06-3-0100,  Department   of  Health  and  Social   Services,  for                                                               
$9,540,185 in federal capital receipt  authorization; and RPL 18-                                                               
3-0357,  Department of  Environmental Conservation,  for $467,000                                                               
in  federal  capital  receipt  authorization.    There  being  no                                                               
objection, both RPLs were approved.                                                                                             
                                                                                                                                
^Executive Session                                                                                                              
                       Executive Session                                                                                    
                                                                                                                                
10:39:43 AM                                                                                                                   
                                                                                                                                
CHAIR HAWKER  announced that  the committee  would now  move into                                                               
executive session to discuss confidential audit requests.                                                                       
                                                                                                                                
10:39:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE OLSON made a motion  under Uniform Rule 22 to move                                                               
to executive  session for the purpose  of discussing confidential                                                               
audit reports under AS 24.20.301.   There being no objection, the                                                               
committee went into executive session at 10:39 a.m.                                                                             
                                                                                                                                
[Due  to technical  difficulties,  there is  no  audio from  this                                                               
point  forward.    The  transcript  was  reconstructed  from  the                                                               
secretary's notes.]                                                                                                             
                                                                                                                                
CHAIR  HAWKER  brought  the  committee   back  to  order.    Upon                                                               
reconvening Representatives  Neuman (via  teleconference), Olson,                                                               
Thomas  (via teleconference),  Doogan,  and  Hawker and  Senators                                                               
Hoffman and Meyer (alternate) were present.                                                                                     
                                                                                                                                
^Release of Audits                                                                                                              
                       Release of Audits                                                                                    
                                                                                                                                
CHAIR HAWKER announced  that the next order of  business would be                                                               
the release of audits.                                                                                                          
                                                                                                                                
REPRESENTATIVE  OLSON  moved  that   the  committee  release  the                                                               
following confidential audit reports  to the appropriate agencies                                                               
for comment:  Board of Governors  of the Alaska Bar Association -                                                               
Sunset Review; Special Education  Service Agency - Sunset Review;                                                               
and   Alaska  Film   Production   Incentive   Program  -   Select                                                               
Performance  Issues.   There being  no  objection, the  specified                                                               
audits were released.                                                                                                           
                                                                                                                                
REPRESENTATIVE  OLSON  moved  that   the  committee  release  the                                                               
following confidential audit reports to the  public:  RCA - FY 11                                                               
Annual  Report; Statewide  Suicide  Prevention  Council -  Sunset                                                               
Review.   There  being no  objection, the  specified audits  were                                                               
released to the agencies.                                                                                                       
                                                                                                                                
^Other Committee Business                                                                                                       
                    Other Committee Business                                                                                
                                                                                                                                
CHAIR HAWKER announced  that the committee would  now discuss the                                                               
proposed  changes  to  the  compensatory   time  policy  for  the                                                               
Legislative Audit Division and the Legislative Finance Division.                                                                
                                                                                                                                
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
reviewed the points  outlined in her memorandum  dated August 30,                                                               
2012,  including the  existing compensatory  time policy  for the                                                               
Legislative Audit Division:                                                                                                     
                                                                                                                                
     Auditors, regardless of rank, may  earn up to 150 hours                                                                    
     of  comp  time over  a  12  month period  (September  1                                                                    
     through August 31)  on an hour per hour basis.   Once a                                                                    
     person reaches the level of  In-charge Auditor I, their                                                                    
     ability to accrue comp time  is limited to weekends and                                                                    
     holidays.   Once  an auditor  is promoted  to In-charge                                                                    
     Auditor II or above, their  ability to accrue comp time                                                                    
     is limited to holidays only.                                                                                               
                                                                                                                                
MS. CURTIS  highlighted that most  of the extra hours  are worked                                                               
by  staff  in  the  position  of  In-charge  Auditor  and  above.                                                               
Therefore, [In-charge Auditors and above]  are asked to work more                                                               
hours without  compensatory time,  which doesn't  encourage staff                                                               
staying with the division.  In  fact, she related that there have                                                               
been auditors that have declined promotions due to this policy.                                                                 
                                                                                                                                
SKIFF  LOBAUGH,  Manager,   Division  of  Personnel,  Legislative                                                               
Affairs Agency,  stated that compensatory  time, in  general, has                                                               
been around for some time.                                                                                                      
                                                                                                                                
CHAIR HAWKER  highlighted that the  recruitment and  retention of                                                               
competent financial professionals is a challenge.                                                                               
                                                                                                                                
MR. LOBAUGH  agreed, and  added that  compensatory time  has been                                                               
used  to  compete  with  other branches  of  government  and  the                                                               
private sector.   He noted that the executive branch  has a comp-                                                               
time policy  that could [be  viewed as a benefit  the legislative                                                               
branch doesn't offer.]                                                                                                          
                                                                                                                                
SENATOR HOFFMAN  inquired as to  the amount of  compensatory time                                                               
there would be and how it would be managed in terms of workload.                                                                
                                                                                                                                
MS. CURTIS said  that she expects all the upper  level staff will                                                               
remain with  the division.   The division  won't be able  to give                                                               
more leave  than it already  does, but when staff  takes vacation                                                               
time  they  will  take compensatory  time  rather  than  personal                                                               
leave.  She pointed out  that although personal leave is cashable                                                               
and thus is a benefit [for  staff], it wouldn't be an addition to                                                               
the budget.                                                                                                                     
                                                                                                                                
SENATOR  MEYER  opined  that  the   legislature  under  pays  its                                                               
financial staff.   He then  expressed the  need to be  uniform in                                                               
terms of a compensatory time  policy throughout all divisions and                                                               
occupations  [in  the  legislature].   For  example,  Legislative                                                               
Legal  Services   staff  works   lots  of  extra   hours  without                                                               
compensatory time.                                                                                                              
                                                                                                                                
MR.  LOBAUGH  said  he  hopes to  bring  forward  to  Legislative                                                               
Council a compensatory  time policy [for the  legislature] in the                                                               
future.                                                                                                                         
                                                                                                                                
CHAIR  HAWKER  explained that  when  the  Legislative Budget  and                                                               
Audit Committee first considered  the changes to the compensatory                                                               
time  policy,   the  policy  addressed  all   legislative  branch                                                               
services.   However,  the  scope of  the  Legislative Budget  and                                                               
Audit Committee only includes the  Legislative Audit Division and                                                               
the   Legislative  Finance   Division.     The  other   areas  of                                                               
legislative staff fall under the purview of Legislative Council.                                                                
                                                                                                                                
MR. LOBAUGH reiterated that he  would hope to have a compensatory                                                               
time policy for [all legislative staff] as well.                                                                                
                                                                                                                                
REPRESENTATIVE OLSON  moved to authorize the  legislative auditor                                                               
and   the   legislative   fiscal   analyst   to   implement   the                                                               
"Compensatory Time  Policy - September 2012"  for the Legislative                                                               
Audit Division  and the  Legislative Finance  Division, effective                                                               
September 1,  2012, as discussed.   There being no  objection, it                                                               
was authorized.                                                                                                                 
                                                                                                                                
CHAIR HAWKER noted his appreciation  for Ms. Curtis' work on this                                                               
matter.                                                                                                                         
                                                                                                                                
PAULYN  SWANSON,  Staff,   Representative  Hawker,  Alaska  State                                                               
Legislature, reviewed  the committee meeting schedule,  which she                                                               
offered to forward to all members.                                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There  being  no  further  business  before  the  committee,  the                                                               
Legislative Budget  and Audit Committee meeting  was adjourned at                                                               
11:30 a.m.                                                                                                                      

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