C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
State
Lawrence
Wasden
Attorney
General
Brandon D
D Woolf
State
Controller,
Secretary
SCO > Board of Examiners > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
January 12, 2016 – 1:30 p.m.
Joe R. Williams Building, 5th Floor Conference Room A

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brian Kane, Office of the Attorney General; Jani Revier, Division of Financial Management; Tim Hurst, Office of the Secretary of State; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Wayne Harris, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; Rachelle Vance, Department of Health and Welfare; Renee Holt, Office of the State Controller; and Debbie Wonch, Office of the State Controller.


CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on December 8, 2015.

Resolution: Mr. Kane moved to approve item 1. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.


    REGULAR AGENDA


    2. Department of Administration
    Request for recognition of assignment according to Idaho Code §67-1027 from Taft Enterprises to South Hill Holdings, LLC. Lessee is Idaho Department of Labor.

    Resolution: Mr. Hurst moved to approve item 2 and place it on the consent agenda. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
        3. Bureau of Homeland Security
        ID#
        Description
        Amount
        Comments
        Date to Board
        2015-00173b
        Oil
        $3,004.89
        Response to oil release into river
        (BENEWAH COUNTY)
        1/7/2016
        2015-00182
        Mercury
        $557.20
        Response to residential Mercury release and contamination
        (ADA COUNTY)
        1/7/2016
        2015-00184a
        Mercury
        $5,205.07
        Response to residential Mercury release and contamination (ADA COUNTY)
        1/7/2016
        2015-00184b
        Mercury
        $4,688.80
        Response to residential Mercury release and contamination (ADA COUNTY)
        1/7/2016
        2015-00187
        Mercury
        $64.36
        Response to residential Mercury release and contamination (ADA COUNTY)
        1/7/2016
        2015-00193
        Paint Products
        $1,204.59
        Response to paint product fire (ELMORE COUNTY)
        1/7/2016
        2015-00200
        White Powder
        $3,030.19
        Response to white powder incident (JEROME COUNTY)
        1/7/2016
        TOTAL
        $17,1755.10

        Discussion: Mr. Benjamin noted that the first item is a continuation from last month in St. Maries.

        Ms. Revier asked who is liable for the cost.

        Mr. Harris explained that the Coast Guard is working on their investigation. The EPA is doing cleanup on the navigable waters. That cost recovery program falls to the Coast Guard. Most likely Fleet Parts and Service will be liable for the first incident. They took the necessary steps to prevent it from happening again. The second time, they are leaning toward St. Marie’s being responsible, since they were negligent in understanding their storm drain system.

        Resolution: Mr. Kane moved to approve incident number 00173b and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.

        Discussion: Mr. Benjamin explained about the incidents involving mercury spills.

        Mr. Harris noted that incident numbers 00182, 00184a, 00184b, and 00187 are related. The house where the mercury was located was quarantined and the EPA was involved. The Boise Police Department sent a bill for security to make sure no one entered the house.

        Ms. Revier asked if we pay for police security.

        Mr. Harris said that the City of Boise would be well equipped to seek reimbursement for the police side of this directly from the renters or property owners.

        Mr. Benjamin stated we might want to look at the reimbursement statute.

        Ms. Revier asked if the Board of Examiners can take some time to look into this claim further.

        Mr. Harris commented that it was okay.

        Mr. Harris stated that the home involved with incident 00187 did not contain enough mercury to worry about.

        Resolution: Mr. Kane moved to table incident 00184b pending further information, and to place incidents 00182, 00184a, and 00187 on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.

        Discussion: Mr. Benjamin explained that in incident 00193, I-84 was blocked by a tractor trailer on fire with 72 drums of paint.

        Resolution: Mr. Kane moved to approve incident 00193 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.

        Discussion: Mr. Benjamin stated that for incident 00200, a pastor of a church in Jerome received an envelope containing white powder. The powder was analyzed and came back negative for anything dangerous.

        Resolution: Mr. Kane moved to approve incident 00200 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.



        4. Office of the State Controller
        Request for approval to change the state mileage reimbursement rate from 55.5 cents per mile to 54 cents per mile effective January 1, 2016. This will make the state mileage rate correspond with the federal rate set by the IRS beginning January 1, 2016.

        Resolution: Mr. Kane moved to approve item 4 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.



        5. Department of Health and Welfare
        Request that $159,287,800 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the 3rd Quarter of Fiscal Year 2016. In addition, that $64,450 be transferred from the Drug Court, Mental Health & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the 3rd Quarter of Fiscal Year 2016.

        Resolution: Mr. Hurst moved to approve item 5 and place it on the consent agenda. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.




        INFORMATIONAL AGENDA


        6. Office of the Attorney General
        a. Notification that Alan R. Harrison of Alan R. Harrison Law, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

        b. Notification that Edwin L. Litteneker, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

        c. Notification that Stephen J. Muhonen of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

        d. Notification that Susan K. Servick, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

        e. Notification that Tomothy J. Stover of the firm of Worst, Fitzgerald & Stover, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

        f. Notification that Daniel J. Skinner of the firm of Cantrill, Skinner, Lewis, Casey & Sorensen, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing Sara Thomas and Bill Wellman in the case of Tucker v. State.

        g. Notification that Paul W. Madden of the firm of Whiteford, Taylor & Preston, LLP, in Baltimore, Maryland, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of consultation, research, and advice on federal tax and regulatory issues related to plan qualification and compliance, as needed and when requested by PERSI.

        h. Notification that Bren E. Mollerup of the firm of Benoit, Alexander, Harwood High, 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 Carl Melugin.

        i. Notification that V. Rafael Stone of the firm of Foster Pepper, PLLC, in Seattle, Washington, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representation of PERSI in investment-related transactional matters that include, but are not limited to, PERSI’s private equity and private real estate investments.

        j. Notification that Robert F. Smith of the firm of Smith, Freed & Eberhard, PC in Portland, Oregon, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho in the case of Clark v. State of Idaho, Idaho Industrial Commission & Idaho State Insurance Fund.

        k. Notification that J. Ford Elsaesser of the firm of Elsaesser, Jarzabek, Anderson, Elliott & Macdonald, Chtd., has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the Idaho State Tax Commission in the Shoot the Moon, LLC, Montana bankruptcy case.


        7. State Insurance Fund
        a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
        November, 2015.
            Estimated expenditure for workers compensation claim costs, dividends and premium refunds
        $14,000,000.00
          Funds Expended in November, 2015:
          Workers Compensation Claim Costs
        $12,064,508.34
          Dividends
        0
          Commission
        0
          Policy Refunds
        194,175.39
          Total
        $12,258,683.73
        b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of November, 2015.
            Estimated expenditure for Petroleum Clean Water Trust Fund
        $450,000.00
          Funds Expended in November, 2015:
          Payroll
        $49,179.09
          Operations
        12,420.37
          Claim Costs
        138,162.57
          Total
        $199,772.03
          Mr. Kane moved to adjourn the meeting. Mr. Hurst seconded the motion. The meeting adjourned at 1:57 p.m.
          Page last updated on 02/11/2016 03:10:20 PM