Legislature(2003 - 2004)

02/25/2003 08:01 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 25, 2003                                                                                        
                           8:01 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Commissioner, Department of Administration                                                                                    
                                                                                                                                
     Mike Miller - Juneau                                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 15                                                                                                               
"An Act relating to establishing  the Alaska No-Call List, a data                                                               
base  of  residential telephone  customers  who  do not  wish  to                                                               
receive telephonic  solicitations; providing  that the  data base                                                               
be  compiled  at  no  cost   to  the  customers;  requiring  paid                                                               
telephonic  sellers   to  purchase   the  data   base;  requiring                                                               
telephonic sellers  to identify themselves;  requiring telephonic                                                               
solicitors  who   are  otherwise  exempt  from   registration  as                                                               
telephonic  solicitors to  file with  the Department  of Law  and                                                               
purchase the data base; and providing for an effective date."                                                                   
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                              
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MIKE MILLER, Commissioner                                                                                                       
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified as appointed  commissioner of the                                                               
Department of Administration.                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-13, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee meeting  to order at  8:01 a.m.   Representatives Holm,                                                               
Seaton,  Berkowitz, and  Weyhrauch were  present at  the call  to                                                               
order.    Representatives  Dahlstrom  and  Lynn  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
CONFIRMATION HEARING                                                                                                          
                                                                                                                                
Commissioner, Department of Administration                                                                                    
                                                                                                                                
Number 0030                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the committee  would consider the                                                               
appointment of  Mike Miller  to the  position of  commissioner of                                                               
the Department of  Administration.  He commented  that Mr. Miller                                                               
comes  before the  committee with  an extensive  background.   He                                                               
invited  Mr.  Miller  to  provide   opening  remarks  and  answer                                                               
questions.                                                                                                                      
                                                                                                                                
Number 0206                                                                                                                     
                                                                                                                                
MIKE  MILLER, Commissioner,  Department of  Administration (DOA),                                                               
told the committee  he was born in Fairbanks and  raised in North                                                               
Pole.   He  received all  of his  education in  Alaska, including                                                               
some studies at the University of  Alaska.  He spent some time in                                                               
the Alaska Air  National Guard in the early '70s.   He noted that                                                               
he grew up "in a family  business", since his parents started the                                                               
Santa Clause  House [in  North Pole]  in 1952.   He worked  for a                                                               
short  time  on  the  Trans-Alaska  Pipeline,  and  worked  in  a                                                               
warehouse in Fairbanks for five years as a Teamster.                                                                            
                                                                                                                                
COMMISSIONER MILLER told  members that in 1976 he  was elected to                                                               
the  North Pole  City  Council and  served for  four  years.   He                                                               
opined that  spending time  on local  government is  much tougher                                                               
than spending  time in  state government,  saying the  issues are                                                               
different  and people  take it  much more  personally.   He noted                                                               
that  he was  elected to  the state  House of  Representatives in                                                               
[1982] and spent ten years there,  followed by eight years in the                                                               
Senate.  During that time, he  held a number of chairmanships, as                                                               
well as the  office of Senate president from  1997-1998, which he                                                               
said was the highlight of his Senate tenure.                                                                                    
                                                                                                                                
COMMISSIONER MILLER told the committee  that he has been involved                                                               
in a number of church,  local, and other political activities, in                                                               
organizations such as  the Fairbanks Chamber of  Commerce and the                                                               
North Pole  Chamber of Commerce;  last year, he was  elected vice                                                               
chairman of  the North Pole Housing  Association.  He said  he is                                                               
married, has two daughters, and is a grandfather.                                                                               
                                                                                                                                
Number 0528                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked Commissioner  Miller to comment on                                                               
reorganization of the department.                                                                                               
                                                                                                                                
COMMISSIONER   MILLER  said   there   has   been  discussion   of                                                               
reorganization, but  it isn't concrete  yet.  One  question being                                                               
asked is  whether some services  currently provided by  DOA could                                                               
be better provided by the  Department of Health & Social Services                                                               
(DHSS), such  as some senior  services.  In further  response, he                                                               
said  the public  defender's  office and  OPA  [Office of  Public                                                               
Advocacy] will  stay within DOA.   In  response to a  question by                                                               
Chair  Weyhrauch,  he  indicated  there had  been  discussion  of                                                               
whether the  Department of  Law or  the courts  might be  a place                                                               
where  those would  fit in;  however, the  courts are  a separate                                                               
branch  of government  and weren't  interested,  and there  could                                                               
have been  some conflict  of interest.   Thus those  two agencies                                                               
will  remain  within  DOA,  where   there  isn't  a  conflict  of                                                               
interest.   He said that  he's gotten  to know the  two directors                                                               
there; he  opined that they're doing  a good job.   He added that                                                               
the job of public defender isn't a popular one.                                                                                 
                                                                                                                                
Number 0728                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH said there's talk  of forming a centralized panel                                                               
of  hearing officers.    He asked  Commissioner  Miller how  many                                                               
divisions within DOA have their own hearing officers.                                                                           
                                                                                                                                
COMMISSIONER MILLER  said he didn't  know, but could find  out in                                                               
time   for  the   upcoming  department   overview  [before   this                                                               
committee].  He said the idea  was centered on the tax office set                                                               
up a  number of years  ago in DOA.   He said  he has talked  to a                                                               
number of  individuals who have  gone through that  process; even                                                               
those  who'd lost  had believed  they received  due process.   He                                                               
stated that it  is his goal to work with  the legislature "to see                                                               
if we can set this up, but we may  not be able to set it up."  He                                                               
expressed the desire to ensure  that it's cost-effective and will                                                               
work, and  indicated the form it  would take isn't set  yet; it's                                                               
an evolving  process.   He added,  "The legislature's  taking the                                                               
lead on that, and we're just offering any assistance."                                                                          
                                                                                                                                
Number 0876                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  Commissioner Miller  to describe                                                               
his  philosophy  towards  the  state  employee  unions  and  what                                                               
approaches   he  would   be  taking   regarding  recruiting   and                                                               
retention.                                                                                                                      
                                                                                                                                
COMMISSIONER MILLER replied that he  thinks that the workforce in                                                               
the State  of Alaska is  very important.   There are  12 separate                                                               
contracts currently  being negotiated.   He indicated  that there                                                               
is an offer on the  table from the administration, which includes                                                               
$75 a month for health insurance  and "a one-year rollover on the                                                               
contract."  He  noted that a number of the  unions are discussing                                                               
[contracts].   He said [DOA]  is working closely with  its "labor                                                               
people"  to understand  each contract.   As  for recruitment,  he                                                               
opined  that there  were very  helpful things  done by  the prior                                                               
administration.  He mentioned Workplace  Alaska as a good tool to                                                               
recruit people into state service.                                                                                              
                                                                                                                                
COMMISSIONER MILLER  offered his philosophy that  the state needs                                                               
a  well-trained and  well-paid workforce;  however,  it does  not                                                               
need to be at  the top or bottom of the [pay] scale.   He said he                                                               
has found  his employees  to be  very dedicated  public servants.                                                               
He posited  that this is true  of 99.9 percent of  state workers.                                                               
He said  he would work  hard to  make sure that  qualified people                                                               
fill jobs.   He noted that he has already  [approved] a number of                                                               
travel requests for people who need "upgrading in education."                                                                   
                                                                                                                                
Number 1083                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked  who is working as liaison  with the unions                                                               
in the negotiation of contracts.                                                                                                
                                                                                                                                
COMMISSIONER  MILLER answered  that [Governor  Murkowski] brought                                                               
in  Andy Warwick  and Bill  Hudson, both  former legislators  and                                                               
former commissioners  of [DOA].   He said  they've started  to do                                                               
some  of the  groundwork  regarding the  monetary  issues on  the                                                               
upcoming contracts that  will be expiring June 30  [2003], to his                                                               
belief.  He also mentioned  a "labor relations department" within                                                               
DOA, and  [Art] Chance, who is  the manager of that  division and                                                               
does the legwork and the negotiations of the contracts.                                                                         
                                                                                                                                
Number 1175                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH asked Commissioner  Miller what his priorities in                                                               
DOA are.                                                                                                                        
                                                                                                                                
COMMISSIONER MILLER answered that, first,  he wants to make DOA a                                                               
very  well-rounded department.    He  said he  has  told some  of                                                               
directors that  he will  place high  standards on  the department                                                               
and wants it  to be a template for how  other agencies should run                                                               
- open and  overboard.  He added, "We're  charged with delivering                                                               
a service to the  people of the state of Alaska,  and we take our                                                               
orders from the  legislature and from the  governor, and whatever                                                               
those services are  that we're supposed to deliver,  my charge is                                                               
to deliver them efficiently and properly."                                                                                      
                                                                                                                                
Number 1263                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  noted that  one major  theme set  forth by                                                               
[Governor  Murkowski]  is  streamlining regulations.    He  asked                                                               
Commissioner Miller if that would also be a goal for DOA.                                                                       
                                                                                                                                
COMMISSIONER  MILLER answered  that it  should be  a goal  of all                                                               
departments, to  make regulations  understandable to  the average                                                               
person  in  Alaska.   He  said  he  is [aware]  that  regulations                                                               
sometimes don't  follow legislative intent.   He said  another of                                                               
his goals is that [regulations]  should follow legislative intent                                                               
and, if the intent  is unclear, he said it will  be his charge to                                                               
ask the legislature for clarification.                                                                                          
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON referred  to APOC  [Alaska Public  Offices                                                               
Commission]  and  mentioned  an  "almost  unintelligible  set  of                                                               
regulations and  instructions.   He asked, "Will  that be  one of                                                               
the areas  that you try to  make clear, within the  Department of                                                               
Administration?"                                                                                                                
                                                                                                                                
COMMISSIONER MILLER  answered that [DOA]  needs to work  with the                                                               
board [of APOC] in finding out the intent of the regulations.                                                                   
                                                                                                                                
Number 1436                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ said,  "We've  heard  that you've  gone                                                               
through  5  and  10  percent  cut scenarios,  and  you  know  how                                                               
frustrating it is  to sit on this  side of the table  and ask for                                                               
something  and not  get them."   He  indicated that  Commissioner                                                               
Miller  may have  some sympathy  for [the  legislature's] plight,                                                               
and  asked  him for  his  views  regarding  a  5 and  10  percent                                                               
scenario for DOA.                                                                                                               
                                                                                                                                
COMMISSIONER MILLER replied that  the department "threw out those                                                               
5  and 10  percent scenarios"  because some  of them  didn't make                                                               
sense.   For  example, there's  no way  that OPA  and the  public                                                               
defenders  could take  even  a 1  percent cut.    He mentioned  a                                                               
supplemental budget asking for more  money.  He said each section                                                               
within his department was considered  for cuts; he cited examples                                                               
including  the commissioner's  office and  the Division  of Motor                                                               
Vehicles   (DMV).     In  further   response,   he  said   public                                                               
broadcasting will  probably "take  a small hit"  of less  than 10                                                               
percent.                                                                                                                        
                                                                                                                                
Number 1560                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH said  the legislature  uses intent  language "to                                                               
help guide  implementation of  individual or  collective concepts                                                               
or  priorities."     He  asked   Commissioner  Miller   what  his                                                               
philosophy is regarding intent language.                                                                                        
                                                                                                                                
COMMISSIONER MILLER responded  that he is a  very strong believer                                                               
in intent language  and in "the legislative side of  the aisle in                                                               
giving  guidance  to the  administration  on  the direction  [it]                                                               
wants  to see  a program  go."   He  explained that  this is  the                                                               
reason he wants to ensure  that when regulations are written, the                                                               
intent of  legislation is followed.   He said if there  is intent                                                               
language that cannot be implemented,  he will be the first person                                                               
to tell  the legislature  why it  cannot be  done.   He concluded                                                               
that  it will  be  his  intent to  follow  the  direction of  the                                                               
legislature, whether  it be  in the actual  statute or  in intent                                                               
language.                                                                                                                       
                                                                                                                                
Number 1640                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   pointed  out  that   intent  language                                                               
normally  is attached  to the  budget  and expresses  legislative                                                               
intent.   He noted that  the argument against intent  language is                                                               
that it's  outside the scope  of what's appropriate in  a budget.                                                               
He added, "The  governor has, I think,  uniformly ... disregarded                                                               
intent language, and it's always a contentious issue."                                                                          
                                                                                                                                
CHAIR WEYHRAUCH asked Commissioner Miller  why he is qualified to                                                               
be the commissioner of DOA.                                                                                                     
                                                                                                                                
COMMISSIONER MILLER said he has  asked himself the same question,                                                               
and was both surprised and  pleased when the governor called him.                                                               
The department  has such  a wide  range of  issues that  it deals                                                               
with, including  public defenders,  Pioneers' Homes, and  DMV; he                                                               
said  sometimes  it's  hard  to  understand  why  some  of  those                                                               
agencies are [within] DOA.  He  told the committee he has had the                                                               
history  of being  an administrator  in his  family business  and                                                               
during  his time  in  the legislature.   He  said  he thinks  the                                                               
commissioner of DOA  will work more closely  with the legislature                                                               
because of  all the  different issues  that that  department will                                                               
touch  at  some  point  or  another.   He  said  a  good  working                                                               
relationship with  the legislature is  important and he  hopes he                                                               
has one.   He  concluded by  saying this  is part  of how  he can                                                               
repay the state for all it has done for him and his family.                                                                     
                                                                                                                                
Number 1807                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH expressed appreciation  for the tremendous amount                                                               
of public service to the state given by Commissioner Miller.                                                                    
                                                                                                                                
COMMISSIONER  MILLER  introduced  some  of  his  management  team                                                               
members and said he has pride in the directors in his agency.                                                                   
                                                                                                                                
[Although  no  formal  motion  was   made,  the  confirmation  of                                                               
Commissioner  Miller was  advanced from  the House  State Affairs                                                               
Standing Committee.]                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 1976                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
8:25 a.m.                                                                                                                       

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