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 13, 2009 – 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: Wayne Hammon, Division of Financial Management; Chuck Goodenough, Deputy Secretary of State; Steve Olsen, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were; Mary Halverson, Bureau of Homeland Security; Mark McClaine, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; Jeff Woods, Idaho School for the Deaf and Blind; Mary Dunne, Idaho School for the Deaf and Blind; Dan Goicoechea, 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 9, 2008.

Resolution: Mr. Hammon moved to approve item 1 and that it be placed on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


REGULAR AGENDA

2. Bureau of Homeland Security, Division of Military
ID #
Description
Amount
Comments
Date to Board
2008-00302
Biohazard
$2,152.38
Lab waste discovered at county landfill
12/1/2008
2008-00289
Drug Lab
$1,424.26
Meth lab in private house
12/1/2008
2008-00307
Drug Lab
$1,306.71
Meth lab in motel room
12/1/2008
2008-00320
HazMat
$1,076.72
Mercury spill
1/13/2009
TOTAL
$5,960.07
Discussion: Mr. Olsen commented from the Bureau’s notes that in order for there to be coverage and reimbursement under the statute, there needs to be an abrupt release of a hazardous substance. In the course of dealing with the substances there is going to be an abrupt release because there is no way to confine the chemicals.

Ms. Halverson noted that the two meth lab incidents were carried over from December.

Mr. Olsen said that the Attorney General’s office has been meeting with the Bureau of Homeland Security to work on legislation that will address some of the issues that have occurred in the past few months during the evaluation of cases. One of them has to do with the requirement that the release be abrupt. You could have a hazardous situation where there is no abrupt release but a slow release of a substance.

Ms. Halverson commented that BHS does have legislation in this year to change that statute and make it broader.

Mr. Hammon asked if there was an identifiable person responsible for these incidents.

Ms. Halverson answered that yes, there are identifiable responsible parties and are all in the process of collection.

Mr. Olsen asked for clarification on unrecoverable costs.

Ms. Halverson answered that all unrecoverable costs marked on the handout will not be recovered because there is no responsible party to be found. A spiller on a highway is rarely identified.

Resolution: Mr. Goodenough moved to approve item 2 and that it be placed on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.


3. Department of Health and Welfare
Request that $132,031,360.00 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the third quarter of Fiscal Year 2009. The total budget holdback for the Department of Health and Welfare is $21,760,000.00, resulting in an adjusted General Fund amount of $565,517,900.00 for SFY 2009.

Discussion: Mr. Hammon noted that this is difficult because the Department is accounting for the holdback and this morning the Joint Finance Appropriation Committee announced their intent to implement the Governor’s 4% holdback and the plan is to take action on Thursday. Once this item reaches the full Board of Examiners, it will be known whether this number is correct.

Resolution: Mr. Hammon moved to approve item 3 and that it be placed on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.


4. Office of the State Controller
a. Request that the Board of Examiners consider a reduction to the State Travel Policy medical and moving reimbursement rate from 27 cents to 24 cents to follow the new IRS rate, and that it be effective retroactive to January 1, 2009.

Discussion: Mr. Hammon commented on item a. that it seems appropriate.

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

b. Request that the examples for guidance on interpreting the per diem rules be added to the current State Travel Policy as an Appendix C.

Discussion: Mr. Hammon clarified that the policy is not being amended, but examples are just being provided.

Mr. Fulkerson agreed and commented that over the course of the last several years the Fiscal Policy Advisor Committee (FPAC) and the STARS helpline have gotten a lot of calls from people misinterpreting the rules. Employees need more help in knowing where the per diem boundaries are. He explained that FPAC is comprised of three permanent members, and then also four rotating members.

Mr. Hammon asked if the majority of state agencies interpret the Travel Policy consistently with the examples provided.

Mr. Fulkerson answered that yes most agencies already are interpreting the policy in this way.

The members discussed clarifying some wording in the examples before the full board meeting. Mr. Fulkerson will make the adjustments.

Resolution: Mr. Olsen moved to approve item 4. b. with adjustments made to the wording and that it be placed on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

    INFORMATIONAL AGENDA

    5. Legislative Services Office
    The billings for fiscal year 2008 submitted by the Ada County Sheriff’s Office for costs incurred in the transportation of Idaho State Correctional Institution Inmates have been reviewed by LSO. The payment of $2,761.46 will be made to Ada County.

    6. Office of the Attorney General
    a. Notification that David J. Baldwin with the firm of Potter, Anderson & Corroon, LLP, in Wilmington, Delaware, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of association with Special Deputy Attorney General Howard R. Foley for pro hac vice admission in representation of the State of Idaho, Department of Finance, in the matter of securities sales and the Chapter 11 bankruptcy filed in Delaware by DBSI Group of Companies.

    b. Notification that Rami Amaro of Amaro Law Office 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. This appointment is effective through December 31, 2009.

    c. 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. This appointment is effective through December 31, 2009.

    d. Notification that Michael J. Kane of the firm of Kane & Associates, 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. This appointment is effective through December 31, 2009.

    e. 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. This appointment is effective through December 31, 2009.

    f. 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. This appointment is effective through December 31, 2009.

    g. Notification that Timothy 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. This appointment is effective through December 31, 2009.

    h. Notification that Lawrence E. Kirkendall, 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 in the matter of David Tarbet, IC# 07-012004; ISIF# 2008-1909.


    7. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November, 2008.
      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $18,000,000.00
    Funds Expended in November, 2008
    Workers Compensation Claim Costs
    $10,214,326.88
    Dividend
    0
    Commissions
    0
    Policy Refunds
    405,223.75
    Total
    $10,619,550.63

    Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of November, 2008.
      Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
    Funds Expended in November, 2008:
    Payroll
    75,960.30
    Operations
    8,897.20
    Claim Costs
    25,717.82
    Total
    $110,575.32

    Note: Two representatives from the Idaho School for the Deaf and the Blind were present to speak to their item. An oversight occurred from the Office of the State Controller and the agenda item failed to make it onto the meeting’s agenda for this month.

    Ms. Dunne explained that they would like for the ISDB to be treated somewhat like a school district and are asking for an exemption from the Governor’s holdback. Most services the School provides to students are mandated by federal and state law.

    Mr. Hammon said that it was unfortunate the ISDB missed the December meeting submittal deadline because the Governor’s holdback authority expired when the legislature came to town. The Board of Examiners authority to amend the Governor’s holdback has expired as well. He advised Ms. Dunne and Mr. Woods to go to the capital annex as soon as possible and speak with the appropriators because JFAC is scheduled to vote on the holdback matter in two days, on Thursday.

    Mr. Olsen noted that even if the ISDB item were on the agenda for this month, the Board of Examiners would not have been able to assist with their request due to the expiration of the Governor’s holdback authority. Mr. Olsen noted for the record that the subcommittee has agreed to not take action on this matter. The ISDB will pursue their request with the legislature.

    Mr. Hammon noted for the record that the subcommittee apologizes to the School for not having their item on the agenda, even though the Board would not have been able to help in their situation.

    _______________________________________________________________________________________________
    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.

    Page last updated on 02/17/2009 04:12:48 PM