STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
September 15, 2015 – 8:55 a.m.
Capitol Lincoln Auditorium WW02
Lower Level, West Wing, 700 W Jefferson Street, Boise
The regular meeting of the State Board of Examiners was called to order pursuant to Idaho Code §67-2002 and by the order of the chair.
The following board members were present: Governor C.L. “Butch” Otter, and Secretary of State Lawerence Denney. Attorney General Lawrence Wasden was present via telephone. State Controller Brandon Woolf recorded the proceedings of the meeting.
Controller Woolf introduced the consent agenda items.
Attorney General Wasden moved to approve the consent agenda. Secretary of State Denney seconded the motion. The motion passed on a unanimous voice vote.CONSENT AGENDA
1. Minutes - Approved
Approval of official minutes for the Board of Examiners on August 18, 2015.
2. Department of Administration – Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from IRET Properties to LSREF4 Bison, LLC. (Lessee is the Department of Health and Welfare.)
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Smith Building LLC to Capital Ideas, LLC. (Lessee is the Idaho Beef Council.)
3. Bureau of Homeland Security – Approved
Date to Board
Response to mercury spill on school property.(Elmore County)
Response to diesel and oil release from logging truck crash into a waterway. (Benewah County)
Response to motor oil release into water reservoir. (Power County)
4. Military Division – Approved
Ratification of military contract for the following project:
NGBID-16-C-0002 for project: Building 669 – ISU Remodel
5. Department of Environmental Quality – Approved
a. Request in accordance to Senate Bill 1163 that $35,409 be transferred from the Air Quality Permitting Fund #0186 to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.
b. Request in accordance to Senate Bill 1163 that $3,876,900.00 be transferred from the General Fund to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.
c. Request in accordance to Senate Bill 1163 that $351,757.00 be transferred from the Public Water System Supervision Fund #0191 to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.
6. Office of the Attorney General – Approved
Request approval for the settlement of attorneys’ fees claim in Taylor v. Brasuell in the amount of $70,000. It is requested to be submitted to the Constitutional Defense Council for payment from the fund created under Idaho Code §67-6301.
7. Office of the State Controller – State Travel Policies and Procedures: Review and discussion of the in-State and out of State per diem for meals and incidental expenses.
a. Out of State Per Diem: Request to amend the state travel policy and procedures for out of state per diem to reflect the changes to the federal per diem rates for meals and incidental expenses effective October 1, 2015. Board of Examiners Subcommittee recommends approval.
b. In-State Per Diem: Discuss the current in-state per diem allowance with research compiled by the Office of the State Controller at the direction of the Board and examine whether an increase to the in-state per diem allowance is merited.
Discussion: Mr. Brian Benjamin from the Office of the State Controller explained that in August he received notice that the federal rates would rise on October 1st. For the out-of-state rate, Idaho uses the federal rate. Currently it is $46, set in 2009, and will be increasing to $51 beginning in October. The in-state rate is $30 per day per diem, which was last changed in 2001. Three of the six states which surround Idaho are tied to the federal rate, and 3 states set their own rates. A vendor survey was completed to see what costs would be for trainings and conferences. After researching 12 different cities across Idaho, the average cost of meals per day was $53.54, with a median of $49. He also provided a fiscal impact report for the four largest agencies that travel most frequently.
Governor Otter asked what the bottom line cost is.
Mr. Benjamin stated the report that is provided shows that for fiscal year 2015 the state spent just over $7.2 million for all per diem rates, but that number includes the House and Senate, which is set by the Citizens' Committee on Legislative Compensation. He said that the state agencies he has spoken to have expressed they are pleased this is being reviewed and are not concerned with this creating problems within their budgets.
Resolution: Attorney General Wasden moved to amend the state travel policy and procedures for out-of-state per diem to reflect the changes of the federal government effective October 1. Secretary of State Denney seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Secretary of State Denney stated regarding item 7.b. that some agencies will travel more and some will travel less. The $45 rate accomplishes that.
Resolution: Secretary of State Denney moved to amend the state travel policy and procedures for in-state per diem to $45 effective October 1. Attorney General Wasden seconded the motion. The motion carried on a unanimous voice vote.
8. Office of the Attorney General
a. Notification that Daniel A. Miller of the firm of Ludwig, Shoufler, Miller & Johnson, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of David J. Larsen.
b. Notification John Nick Crawford of the firm of Brassey, Crawford & Howell, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing Ian Thomson in connection with his deposition in the case of Tucker, et al. v. State, et al.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of July, 2015.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in July, 2015:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in July, 2015:
Attorney General Wasden moved to adjourn the meeting. Secretary of State Denney seconded the motion.
There being no further business before the board and on motion duly made and seconded, THE MEETING OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:05 a.m.
__________/s/ C.L. “Butch” Otter__________________/s/ Brandon Woolf ____________
C.L. “Butch” Otter, Chairman of the Board and
Governor of the State of Idaho
Brandon Woolf, Secretary of the Board and
Idaho State Controller