STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
December 15, 2009 – 8:55 a.m.
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom
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, Secretary of State, Ben Ysursa, and Attorney General Lawrence Wasden by telephone. Controller Donna M. Jones, Secretary to the State Board of Examiners recorded the proceedings of the meeting.
Ms. Jones introduced the consent agenda items.
Mr. Ysursa moved to approve the consent agenda. Mr. Wasden seconded the motion. The motion passed on unanimous voice vote.
1. Minutes - Approved
Approval of official minutes for the Board of Examiners on November 17, 2009.
2. Department of Administration - Approved
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Maynard Alves Land and Livestock Watertower, LLC to James M. Luckman and Alison Luckman.
3. Bureau of Homeland Security - Approved
Date to Board
|Unknown liquid on a letter at Idaho State tax Commission. In the process of recovering. Should BHS bill the Idaho State Tax Commission?||12/3/2009|
|Suspected drug lab in private residence. In the process of recovering. Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted.||12/3/2009|
|Suspected Drug lab in private residence. In the process of recovering. Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted. ||12/3/2009|
|Tanker truck wreck, fuel leakage. Insurance company involved, in the process of recovering.||12/3/2009|
Haz Mat/Mercury Spill
|Mercury spill in private residence. In the process of recovering, possible insurance policy payout.||12/3/2009|
|Suspected Drug Lab in private residence. In the process of recovering. Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted. ||12/3/2009|
|Suspected Drug lab in private residence. In the process of recovering Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted. ||12/3/2009|
4. Health and Welfare - Approved
a. Request that $104,220,700 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the third quarter for Fiscal Year 2010.
b. Request that $64,950 be transferred from the Drug Court, Mental Health Court & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the third quarter of Fiscal Year 2010.
c. Request that $1,816,094 be reverted to the State General Fund in relationship to the Eli Lilly Drug settlement.
6. Division of Financial Management - Referred to the Fiscal Policy Advisory Committee to submit proposed language
Request to amend the current State Travel Policy to delete the reference to “department-sponsored social gatherings” in Section 12 C “Refreshment and Meals for Official Meetings”.
Discussion: Gov. Otter asked what FPAC consists of.
Mr. Fulkerson explained that the FPAC committee is made up of representatives from the Division of Financial Management, the Legislative Services Office audit division, the State Controller’s Office, as well as four fiscal officers from various agencies. They go through fiscal policies for the state and make recommendations to the Controller’s Office for updates or changes.
7. Department of Fish and Game - Approved
Request to extend the qualifying time from twenty months to thirty-six months for real estate relocation assistance for Regional Fishery Manager, Joseph Dupont, who responded to an agency initiated request and relocated his home in connection with a job promotion.
Discussion: Gov. Otter asked if the state is making payments for the two homes this person might have if they were transferred to Boise and living in a home, and also trying to sell their old home.
Ms. Teresa Sargent said she believed there is only one payment happening at this time.
Mr. Brandon Woolf agreed that according to the Controller’s accounting system, there have not been any payments going through for two homes.
5. Office of the State Controller - Approved
The Internal Revenue Service increased the federal meal and incidental expense rate on October 1, 2009, from $39.00 per day to $46.00 per day. This item may be voted on at the discretion of the board.
Discussion: Mr. Fulkerson explained that the included chart summarized the fiscal impact to the state if the rate was increased. He noted that they took the numbers from fiscal year 2008, 2009, and fiscal 2010 year-to-date through October, and then imputed those to a yearly basis for fiscal year 2010. Data was extracted from the State Controller’s Travel Express application to trend those numbers to see how much were meals verses lodging. They also applied the 18% increase which would be the increase from the $39.00 per day to $46.00 per day to get a base line to calculate what the potential impact would be for fiscal year 2010. For all state funds, the impact for having the new rate in place for the year would be about $141,000. The increase to the General Fund would be roughly $24,000.
Gov. Otter noted that there has been a substantial reduction in the last 3 years on the expenditures for travel.
Mr. Ysursa asked if these calculations were made on just the employees who used the default base rate.
Mr. Fulkerson explained that to get to that level of detail would have required quite extensive research. He noted that what they did was extrapolate the total numbers and then make the assumption that they would all be at the base rate.
Mr. Brandon Woolf stated that Boise is considered to be one of the designated locations with a higher rate. For instance, if someone from another state were traveling to Boise, they would receive the Boise rate of $51.
Resolution: Mr. Wasden moved to approve item 5 to increase the out-of-state meal and incidental expense rate. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Gov. Otter said he was thankful for the analysis and how it showed that employees and departments were really making an effort to decrease their travel.
Ms. Jones commented that should the board choose to take action on this item, the increased rate may be updated retroactive to October 1.
Resolution: Mr. Wasden amended his motion to approve item 5 to increase the out-of-state meal and incidental expense rate retroactive to October 1, 2009. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.
8. Office of the Attorney General
a. Notification that Deputy Attorney General Nicole Schafer, has been permitted to accept additional outside employment at the College of Western Idaho in an educational program conducted under the supervision of the State Board of Education. Ms. Schafer will teach a course in criminal evidence law at the College one evening per week beginning the 2010 Spring Semester.
b. Notification that Thomas W. Brooke of the firm of Holland & Knight in Washington, DC, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the state of Idaho before the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board, in the matter of G&T Terminal Packaging, Inc. v. Idaho Potato Commission.
c. Notification that B. Newal Squyres of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as special deputy attorney general for the purpose of representing the State of Idaho in the case of Lowe v. Idaho Transportation Department.
d. Notification that John J. Burke of the firm of Hall, Farley, Oberrecht & Blanton, PA, has been appointed pursuant to Idaho Code §67-1409 as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Department of Correction, in the case of McCormack v. Hardison.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October, 2009.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of October, 2009.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in October, 2009:
Workers Compensation Claim Costs
There being no further business before the board and on motion duly made and seconded, THE MEETING OF THE STATE
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in October, 2009:
BOARD OF EXAMINERS WAS ADJOURNED at 9:15 a.m.
__________/s/ C.L. “Butch” Otter________
C.L. “Butch” Otter, Chairman of the Board and
Governor of the State of Idaho
__________/s/ Donna M. Jones ____________
Donna M. Jones, Secretary of the Board and
Idaho State Controller
A meeting agenda will be available at the Idaho State Controller’s Office, 700 West State Street, Boise, Idaho, two (2) working days before the meeting.
If you have questions or would like to arrange auxiliary aides or services for persons with disabilities, please contact the Idaho State Controller’s Office at (208) 334-3100. Accommodations for auxiliary aides or services must be made no less than five (5) working days in advance of the meeting.
The CONSENT AGENDA addresses routine items the board may approve without discussion.
The REGULAR AGENDA addresses policy and program items the board may wish to discuss prior to making a decision.
The INFORMATION AGENDA provides information only.
The agendas are subject to change and the Board may move an item from one agenda to another.