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SCO > Board of Examiners > Subcommittee Minutes
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
February 8, 2001 – 9:00 a.m.
Office of State Controller – Fifth Floor Conference Room A


Attending: David Tolman, Office of the Governor, Representing Brian Whitlock
        David High, Office of Attorney General
        Ben Ysursa, Office of Secretary of State
        Keith Johnson, Office of State Controller

Visitors Attending:
        Rex Reagan, State Controller’s Office
        Steve Kenyon, State Controller’s Office
        Chuck Severn, State Controller’s Office
        Audrey Musgrave, State Controller’s Office
        Charles Zalenski, State Tax Commission
        Stephen Bywater, Department of Transportation
        Dana Bailey, Department of Transportation
        Laura Steffler, State Treasurer’s Office
        Marty Peterson, University of Idaho
        Keith Hasselquist, Board of Education
        Bev Mushala, Boise State University
        Dr. Roger Vega, Department of Agriculture
        Kelly Nielson, Department of Agriculture
        Craig Wiedmeier, Department of Fish and Game
        Ray Greene, Department of Fish and Game
        Ted Aho, Public Employee Retirement System
        Betsy Johnson, Department of Parks and Recreation
        Tim O’Leary, Idaho State Police
        Jim Ross, Department of Transportation
        Bill Bishop, Bureau of Hazardous Materials
        Gary Ward, Bureau of Hazardous Materials

    STATE CONTROLLER’S OFFICESteve Kenyon

1. Report on request for modification of the State Moving Policy, Appendix A, non-qualified moving Expenses (Taxable) to remove relocation services from the taxable status and be placed within the non-taxable portion of the policy. This request was submitted by the Department of Transportation at the November 8, 2000 Sub-Committee meeting and a private letter ruling was requested from IRS. Steve Kenyon reported at the December 7, 2000 Sub-Committee meeting a letter was received from IRS and a meeting would be held with the State Tax Commission, Department of Transportation and SCO. Steve will report on that meeting.

      Steve Kenyon reported employees from the State Tax Commission, Department of Transportation and SCO met to review IRS’s letter regarding taxation for relocation services. They carefully researched which costs are taxable and determined the state has not been consistent. Any expenses before the relocation service takes possession of the house is taxable, but expenses after possession are not taxable. Two ITD employees who were fully taxed and would receive an amended W-2. Four employees have sales pending and they would fall under the new policy. Steve submitted the attached proposed amendment to the State Moving Policy, XIII. Real Estate Expenses, A. Relocation Services. Appendix A would also reflect the changes. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.

2. Report on issue of taxation of same day meal reimbursements for state employees. The same day meal reimbursement is when an employee travels outside of their home area, but does not incur an overnight stay. The IRS considers same day meal reimbursement received by a state employee to be taxable. The State Tax Commission received a letter from IRS offering to repay the state for its employees’ untaxed meal reimbursements.
      Steve Kenyon reported IRS notified the State Tax Commission that same day meal reimbursement for state employees should be taxable. David High said IRS has made it clear that it is taxable and the state is not in compliance. Chuck Severn said the state needs to get into compliance as soon as possible and hope IRS doesn’t request any back taxes. It was suggested this could be effective July 1, 2001 together with proposed per diem changes before the legislature. SCO will see if they can be ready by July 1. Steve said meals as part of a conference or office meeting could not be identified by individual and would not be included in the same day meal taxation. Ben Ysursa mentioned the state troopers have been exempt from the policy and thought this should be across the board. Steve said a letter will be sent from SCO stating the State of Idaho plans to comply with IRS policy on taxation of same day meal reimbursement. David High made a motion to recommend approval on the Consent Agenda to encourage the State Controller’s Office to implement a program to come into compliance with IRS policy by July 1, 2001. Ben Ysursa seconded the motion. The motion passed unanimously.


3. STATE APPELLATE PUBLIC DEFENDERSteve Kenyon
    Request for authorization to pay the following employees based on an 80 hour pay period instead of a 40 hour work week on pay period #22, which ended October 14, 2000.
          Rosanne Dapauski –short 6 hours pay
          Patty Fenwick - short 6 hours pay
          Charles W. Adams – 8 hours pay instead of comp time
      Steve Kenyon reported the public defender is requesting authorization to pay compensatory time for three employees who volunteered their own time to represent a client. Time sheets were submitted using a 80 hour work week instead of 40 hour week calculation. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


4. STATE TREASURERLaura Steffler, Chief Deputy Treasurer
    Request for approval to increase the State Treasurer’s annual investment fee to be charged to state agencies for the remainder of fiscal year 2001. The investment administration fee will be 0.035% (.00035) of the average daily balance, including separate investments, if any, of that fund or account. This is a small increase from the current rate of 0.027% (.00027).
      Laura Steffler reported the State Treasurer is asking for a fee increase charged to state agencies for the remainder of Fiscal Year 2001. This is a small increase for costs to invest idle funds for agencies. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.

    UNIVERSITY OF IDAHOMarty Peterson
5. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses of up to $5,000 each for following five new positions of the College of Business and Economics, effective August 20, 2001.
            Assistant Professor – Accounting
            Assistant Professor – Accounting
            Assistant Professor – Finance
            Assistant Professor – Information Systems
            Director – Center for Business Development and Research
6. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses of up to $5,000 for Dr. Mark McMurtrey who has been offered a position as assistant professor of Information Systems for the College of Business and Economics, effective August 20, 2001, from Florence, South Carolina to Moscow, Idaho.

7. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses of up to $5,000 for Dr. Michele LaPlante who has been offered a position as assistant professor of Finance for the College of Business and Economics, effective August 20, 2001, from Santa Clara, California to Moscow, Idaho.

8. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses of up to $5,000 for Richard Nagy who has been hired as the Resource Conservation Manager for Facilities Management and Operations, effective February 5, 2001, from Olympia, Washington to Moscow, Idaho.

9. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses of up to $5,000 for Kristen Prieur who has been hired as Director of Corporate and Foundation Relations for the Office of Development, effective February 26, 2001, from Brookline, MA to Moscow, Idaho.
      Marty Peterson requested approval by the Sub-Committee for Items 5 – 9 to reimburse moving expenses up to $5,000. Ben Ysursa inquired if the Director, Center for Business Development and Research in #5 is the same request as number 11. Marty replied it is the same position and to delete the request from #5. David High made a motion for the Sub-Committee to approve items #5-9. David Tolman seconded the motion. The motion passed unanimously.

10. Request for authorization to reimburse moving expenses of up to $6,000 for Dr. W. Mack Thompson who has been hired as assistant professor of Plant, Soil, and Entomological Sciences in the College of Agriculture, effective January 16, 2001, from Fort Collins, Colorado to Parma, Idaho.

11. Request for authorization to reimburse moving expenses of up to $10,000 for Daniel Smith who has been hired as the Director of the Center of Business Development and Research in the College of Business and Economics, effective July 1, 2001, from Downington, Pennsylvania to Moscow, Idaho.

12. Request for authorization to reimburse moving expenses of up to $10,000 for Paul Sanchez, who has been hired as Special Assistant to the President for Diversity and Human Rights, effective July 1, 2001, from Castle Hills, Texas to Moscow, Idaho.
      Marty Peterson requested approval to reimburse moving expenses for Items#10-12 and noted #12 should be Raul Sanchez, not Paul. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

    IDAHO STATE UNIVERSITYKeith Hasselquist, State Board of Education

13. SUB-COMMITTEE APPROVAL Request for authorization to reimburse moving expenses up to $5,000 for each of the following new and vacant position for academic year 2001-2001:
    College of Arts & Sciences
      Medical Technology 1.0 FTE Clinical AP $60,000
      Medical Technology 1.0 FTE Clinical AP $60,000
      Medical Technology .5 FTE Office Spec II $15,635
      Medical Technology 1.0 Tech person $40,000
      Mass Communication 1.0 FTE Tenure Track $52,800
      Microbiology/Biochemistry 1.0 FTE Tenure Track $52,000
      Geology (GIS certificate pgm) 1.0 FTE Tenure Track $52,800
      Foreign Languages 1.0 FTE Tenure Track $52,800
      Political Science 1.0 FTE Tenure Track $52,800
      Repair Tech 1.0 FTE $43,027
      Psychology 1.0 FTE $52,800
    College of Business
      CIS (MSCIS Program) 2.0 FTE Asst Professors $75,000 + fringe
      CIS 1.0 FTE Asst Professor $75,000 + fringe
    College of Education
      Intermountain Center 2.0 FTE Research Assoc $42,500
      Graduate Teacher Education 2.0 FTE Asst Professors $51.750
      Teacher Education/Idaho Falls 1.0 FTE Asst Professor $51,750
      Gifted & Talented and ESL 1.0 FTE Asst Professor $51.750
      ESL 1.0 FTE Asst Professor $51.750
      Teachers in Residence (2) 2.0 FTE instructors $51,750
      Physical Education 1.0 FTE Asst Professor $51,750
    College of Engineering
      Asst Professor position 1.0 FTE $55,000
    College of Health Professions
      MPH – Pocatello/Boise 1.0 FTE $45,000
      Dental Residency (staff) 2.0 FTE $60,502
      Nursing – Pocatello/Idaho Falls 1.0 FTE $38,000
      Institute of Rural Studies – Boise 1.0 FTE $45,000
    College of Pharmacy
      3.0 FTE Faculty $75,000
      Pharmacy Model In Family Med. 1.0 FTE $78,000
      1.0 FTE Faculty $75,000
      1.0 FTE Faculty $75,000
    Office of Research
      GIS Teaching & Learning Center 1.0 FTE Assoc Director $40,000
    School of Applied Technology
      Health Occupations Department 1.0 FTE Dept Chair Resign $55,000
      Night Classes 1.0 FTE Instructor $37,000
      Technical Training Network 1.0 FTE Instructor $27,700
      Marketing & Management 1.0 FTE Instructor $33,000
      General Education Department 1.0 FTE Asst. Chair $42,000
      Student Services 1.0 FTE Counselor $36,000
      Interior Design 1.0 FTE Instructor $35,000
      B.S. in Technology 4.0 FTE Tenure Track $47,500
    Library
      Records Manager 1.0 FTE $36,000
      Electronic Resources Librarian 1.0 FTE Tenure Track $34,000
    Financial Services
      Sr. Accountant – Grants/Contracts 1.0 FTE $38,000
      Fiscal Officer – Athletics 1.0 FTE $46,000
      Ticket Manager 1.0 FTE $38,000
    University Advancement
      Sr. Development Officer 1.0 FTE $60,000
    Museum
      IT Technician 1.0 FTE $25,000
    Idaho Falls Expansion
      Programmer Analyst 1.0 FTE $36,877
      Financial Aid Counselor 1.0 FTE $43,982
      Tech Records Specialist 1.0 FTE $30,155
      Keith Hasselquist reported ISU’s request is similar to BSU’s previous request to identify positions that are vacant, or will be vacant by fall, and ask for authorization to offer moving reimbursement. Ben Ysursa inquired about the Medical Technology position at .5 FTE. Keith said he would check it out. David High made a motion for the Sub-Committee to approve #13. David Tolman seconded the motion. The motion passed unanimously.


14. BOISE STATE UNIVERSITY Bev Mushala
    SUB-COMMITTEE APPROVAL Request for authorization to reimburse up to $5,000 moving expenses for the following positions:
      Sr. Accountant Student Housing 40,000
      Asst. Director of Fitness Campus Recreation 33,500
      Asst. or Assoc. Professor Department of Kinesiology 48,000
      Asst. or Assoc. Professor Department of Kinesiology 45,000
      Dean of SSPA Social Sci. & Public Affairs 107,000
      Graduate Dean Graduate College 100,800
      V.P. for Research Department of Research 110,000
      Ben Mushala requested approval to reimburse moving expenses up to $5,000 for the positions and stated she may be back later for three more positions. David Tolman made a motion to recommend approval by the Sub-Committee. David High seconded the motion. The motion passed unanimously.


15. DEPARTMENT OF AGRICULTUREDr. Roger Vega, Administrator, Division of Plant Industries
    Request for authorization for deficiency warrant spending authority for the following items, with spending authority to carry forward from Fiscal Year 2001 to 2002:
          Grasshopper/Mormon Cricket Control Program $150,000
          Survey Programs for Pests and Diseases $ 70,000
      Dr. Roger Vega reported the department was given $125,000 federal grant money, which was the amount approved last year by the Board of Examiners but this will not happen every year. The question was asked why the expenses are not included in their budget. Kelly Nielson said this is not built into the budget at this time because the amounts are inconsistent. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.



16. DEPARTMENT OF ENVIRONMENTAL QUALITYDave Mabe, Water Quality Program Administrator and Kathy Osborn, Human Resources
    Request for authorization to pay 45.0 hours overtime for Don Essig, TMDL Program Specialist with the State Water Quality Program, accrued November 2000 through January 2001 in order to meet the December 2000 deadline in the Idaho court approved schedule for completing the Total Maximum Daily Loads (TMDLs) under the Clean Water Act.
      This request was pulled by the department on February 8, 2001 per Kathy Osborn, Human Resources.

    DEPARTMENT OF FISH AND GAMECraig Wiedmeier, License Section Supervisor and Ray Greene, Personnel Manager

17. Request for authorization to reduce the vendor accounting records for Ruark’s Sporting Goods Vendor #2669 in the amount of $2,546.97 in order to accept a settlement offer.
      Craig Wiedmeier reported the department attempted to work with the vendor, then his attorney and would like to accept a settlement offer. They are requested to reduce the amount of the vendor’s accounting records by $2,546.97. David Tolman made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

18. Request for authorization to extend time period for one year for reimbursing realtor fees for Bruce Penske to sell his home in Idaho Falls. Mr. Penske transferred from Island Park to Rexburg on October 3, 1999 and his house has been actively on the market since that time, and is now listed at a reduced price.
      Craig Wiedmeier requested approval to extend time period for one year for Bruce Penske to sell his home. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

19. Request for authorization to pay 32.0 hours compensatory time to Don Anderson who recently retired. Mr. Anderson completed paperwork to take the comp time off but office support staff responsible for entering the time into the payroll believed the comp time would be automatically paid off.
      Ray Green reported Don Anderson recently retired from state service and completed time sheets to use his accrued compensatory time. The office staff assumed the comp time would be paid automatically but he received comp time at straight time and requires Board of Examiners approval. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

    DEPARTMENT OF HEALTH AND WELFAREGary Broker, Administrator, Division of Management Services

20. Request for authorization to lift the vacation cap until July 1, 2002 for Dan Sola who is the lead worker responsible for testing, training and implementation of the new Billing and Receipting System (BARS) scheduled for production in July 2001. He is also an integral member of the automation team responsible for HIPPA implementation in regards to interfaces to the accounting system and will require a substantial time commitment over the next 18 to 24 months. Mr. Sola current leave balance is at the maximum limit.

21. Request for authorization to pay 230 hours compensatory time for Lynne Denne, Program Supervisor of the Medicaid Transportation Unit, accrued as of May 27, 2000, while putting a Medicaid transportation unit up and running by April 1, 2000 after Integrated Transport Management terminated their transportation contract with the department. Lynn’s vacation balance is in excess of 200 hours.
      Gary Broker did not attend the meeting. David Tolman made a motion to defer items #20 and 21 until the March meeting when Gary could attend. Ben Ysursa seconded the motion. The motion passed unanimously.


22. PUBLIC EMPLOYEE RETIREMENT SYSTEMTed Aho, Deputy Director
    Request for authorization to lift the vacation caps until the end of FY 2001 (June 30, 2001) for Barbara Weirick, Financial Unit Supervisor and James Monroe, Financial Officer, who are essential to the successful development and implementation of the new PERSI membership system and the Gain Sharing Program.
      Ted Aho reported the two employees have been involved in implementing the new computer system and the Gain Sharing Program, and requested lifting the vacation caps until June 30, 2001. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

    DEPARTMENT OF PARKS AND RECREATIONBetsy Johnson, Human Resource Officer

23. Request for authorization to reimburse $542.67 additional moving expenses in excess of $5,000 for Aaron Boston, Staff Engineer. The department negotiated employment with Mr. Boston before the new Moving Policy was approved, which requires Sub-Committee approval of moving reimbursement up to $5,000 and Board of Examiners approval for over $5,000.
      Betsy Johnson requested approval for an additional $542.67 in moving expense reimbursement for Aaron Boson. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

24. Request for authorization to reimburse moving expenses to exceed $5,000 for a new director. The current director has announced her resignation and the department would like to offer moving reimbursement as part of their recruitment efforts.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

25. Request for authorization to sell a gasoline pump, card reader and printer back to the vendor, Dale’s Service Inc. in Boise. It was the department’s intention that customers could buy gasoline for their boats any time without an IDPR employee being present, however the State Fire Marshall said they could not sell gasoline at the Springs Shores Marina at Lucky Peak without a trained employee being present. The pump, card reader and printer have been advertised for sale to other state agencies and received no interest. Dale’s Service, Inc. has shown some interest in purchasing the pump, card reader and printer and the department estimates they will receive about $2,200.
      Rex Reagan reported the department purchased the gasoline pump, card reader and printer with the intention customers could buy gasoline for their boats at Springs Shores Marina without an attendant. The State Fire Marshall advised them a trained employee must be present in order to sell gasoline. They have tried to sell the equipment without success and would like to sell it back to the vendor. David High made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.


26. DIVISION OF VETERANS SERVICESRex Reagan
    Request for authorization to sell a special chair to a former employee with a back problem. The division purchased the chair for an employee who resigned her position shortly after the purchase.
      Rex Reagan reported Veterans Services purchased a special chair for an employee with a back problem who resigned. They would like to sell the chair to the former employee. David Tolman made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


IDAHO STATE POLICETim O’Leary, Human Resource Manager

27. Request for authorization to grant an exception to the “Guidelines and Procedures for Disposal of State Surplus Property” by exchanging approximately 60 weapons assigned to the Peace Officers Standards and Training (POST) Academy for 15 –20 new Glock weapons to be used for training.
      Rex Reagan reported the Idaho State Police would like to exchange approximately 60 surplus weapons for 15-20 new Glock weapons. David High made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.

28. Request for authorization to pay accumulated compensatory hours for the following employees: Lt. Steve Richardson heads the Executive protection detail at the capitol. Lt. Rob Storm overtime was associated with the immediate response to the murder of two Jerome County Deputies and the POST Training Specialists’ overtime is the result of a continuing disability of one of their colleagues and the high number of POST Academy class candidate.
          Lt. Steve Richardson 90.0 hours
          Lt. Rob Storm 29.0 hours
          Doug Graves, POST Training Specialist 73.0 hours
          John Turnbull, POST Training Specialist 72.5 hours
          John Parmann, POST Training Specialist 56.0 hours
      Tim O’Leary requested approval to pay comp time for the five employees. David Tolman made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

29. Request for authorization to extend time period until December 31, 2001 for reimbursing moving expenses for Detective Sergeant Gary Kaufman. Sgt. Kaufman’s spouse is seeking employment in the Twin Falls area but has little likelihood of securing anything before July 1, and he is scheduled to attend a Staff Command School this summer.
      Tim O’Leary requested an extension of moving expenses for Sgt. Gary Kaufman until December 31, 2001. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

    DEPARTMENT OF TRANSPORTATIONJim Ross, Chief Engineer

30. Request for two amendments to the State of Idaho Moving Policy as follows: The Transportation Department conducted a study of housing relocation benefits and the changes were determined necessary to maintain a housing relocation program that was fair to employees, would allow employees to accept transfers to less desirable locations and yet remain cost effective to the department.
      Section X111.A.2 - eliminate the 90-day requirement to sell their home before they are eligible to request housing relocation services.

      Section X11.A - be expanded to include manufactured homes when they are the primary residence of an employee.
      Jim Ross reported the department has completed a housing relocation benefits study and is requesting amendments to the State Moving Policy to eliminate the 90 day requirement to sell homes and that manufactured homes be included. The department plans to amend internal policy to raise reimbursement of appraised value from 97% to 100%. Ben Ysursa said he does not have a problem with the recommended amendments, but feels the entire moving policy should be reviewed and not approve piece meal sections. Chuck Severn was asked to assemble a committee of other state agencies to review the entire moving policy. Chuck will present an update at the next Sub-Committee meeting. David Tolman made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


    BUREAU OF HAZARDOUS MATERIALS - Bill Bishop and Gary Ward
31. Incident 2000-2167 – Request for authorization to issue deficiency warrants in the amount of $8,899.16 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 520 Albany, Caldwell, Canyon County, Idaho involving an ammonia spill on June 27, 2000, pursuant to Idaho Code §39-7110.

32. Incident 2000-2385 – Request for authorization to issue deficiency warrants in the amount of $2,052.41 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Nez Perce, Idaho on July 14, 2000, pursuant to Idaho Code §39-7110.

33. Incident 2000-2893 – Request for authorization to issue deficiency warrants in the amount of $1,019.43 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Eagle Creek, Nez Perce County, Idaho involving a fuel spill from an airplane crash on August 11, 2000, pursuant to Idaho Code §39-7110.

34. Incident 2000-2967 – Request for authorization to issue deficiency warrants in the amount of $126.15 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 7th & Mullan, Coeur d’Alene, Kootenai County, Idaho involving a fuel spill on August 15, 2000, pursuant to Idaho Code §39-7110.

35. Incident 2000-2877 – Request for authorization to issue deficiency warrants in the amount of $1,628.89 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Viola, Idaho on July 14, 2000, pursuant to Idaho Code §39-7110.

36. Incident 2000-3533 – Request for authorization to issue deficiency warrants in the amount of $799.07 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Moyie Springs, Idaho on September 19, 2000, pursuant to Idaho Code §39-7110.

37. Incident 2000-3774 – Request for authorization to issue deficiency warrants in the amount of $491.93 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Boise, Idaho on October 6, 2000, pursuant to Idaho Code §39-7110.

38. Incident 2000-3739 – Request for authorization to issue deficiency warrants in the amount of $2,649.34 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Preston, Idaho on October 2, 2000, pursuant to Idaho Code §39-7110.

39. Incident 2000-3959 – Request for authorization to issue deficiency warrants in the amount of $1,746.49 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Pocatello, Idaho on October 18, 2000, pursuant to Idaho Code §39-7110.

40. Incident 2000-4139 – Request for authorization to issue deficiency warrants in the amount of $1,571.04 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Pocatello, Idaho on November 2, 2000, pursuant to Idaho Code §39-7110.

41. Incident 2000-4049 – Request for authorization to issue deficiency warrants in the amount of $1,156.19 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Fernwood, Idaho on October 28, 2000, pursuant to Idaho Code §39-7110.

42. Incident 2000-4228 – Request for authorization to issue deficiency warrants in the amount of $1,469.64 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Chubbuck, Idaho on November 8, 2000, pursuant to Idaho Code §39-7110.

43. Incident 2000-3835 – Request for authorization to issue deficiency warrants in the amount of $271.45 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Boise, Idaho on October 10, 2000, pursuant to Idaho Code §39-7110.

44. Incident 2000-3877 – Request for authorization to issue deficiency warrants in the amount of $357.66 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Boise, Idaho on October 13, 2000, pursuant to Idaho Code §39-7110.

45. Incident 2000-3980 – Request for authorization to issue deficiency warrants in the amount of $631.85 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Chubbuck, Idaho on October 20, 2000, pursuant to Idaho Code §39-7110.

46. Incident 2000-4206 – Request for authorization to issue deficiency warrants in the amount of $302.12 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Boise, Idaho on November 7, 2000, pursuant to Idaho Code §39-7110.1

47. Incident 2000-4048 – Request for authorization to issue deficiency warrants in the amount of $124.71 for reimbursement of response costs incurred when emergency response teams assisted in a suspected drug lab incident in Rose Lake, Idaho on October 25, 2000, pursuant to Idaho Code §39-7110.

48. Incident 2000-4202 – Request for authorization to issue deficiency warrants in the amount of $35.68 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 3900 block development, Boise, Ada County, Idaho involving dumping of car batteries on November 6, 2000, pursuant to Idaho Code §39-7110.
      Bill Bishop introduced Gary Ward, who is replacing Dorothy Heywood. He said Dorothy thought payment would be received for item #31, and still may be, but they are asking for deficiency warrants now. David High made a motion to recommend approval on the Consent Agenda for items #31-48. Ben Ysursa seconded the motion. The motion passed unanimously.

MILITARY DIVISION

49. Request for approval of National Guard Reimbursement billing for Compensation and Medical payments in the amount of $4,796.23 for the period October 1 through December 31, 2000, pursuant to Idaho Code §72-928.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. The motion passed unanimously.


50. DEPARTMENT OF TRANSPORTATION
    Request for approval of Recognition of Assignment as executed by Assignor Boise Paving and Asphalt Company of Boise, Idaho and Assignee Reliance Insurance Company, Auburn, Washington, for US-95, SCL to NCL Riggins – Idaho Federal Aid Project, No. NH-F-4113 (085), pursuant to Idaho Code §67-1027.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

51 IDAHO STATE POLICE
    RATIFICATION OF REQUEST THAT WAS HAND-CARRIED AND APPROVED BY TWO SUB-COMMITTEE MEMBERS ON JANUARY 17, 2001.
    Request for authorization to reimburse moving expenses up to $1,000 for Mr. Randy Parker, Certified Senior Latent Examiner, moving from the Puget Sound area.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

    OFFICE OF ATTORNEY GENERAL

52. Notification that Blake G. Hall of the firm of Anderson, Nelson, Hall & Smith has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho and the Idaho State Insurance Fund (“Fund”) regarding the Trial Subpoena Duces Tecum of Francis Adams, an employee of the Fund, in the Karlson, et al. v. Harris, et al., Case Nos. CV-PI-98-00041 and CV-OC-98-00924 State File No. L98-0216-002, pursuant to Idaho Code §67-1409.

53. Notification that Michael C. Moore of the firm of Moore, Smith, Buxton & Turcke has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in legislation related to remediation of Coeur d’Alene Basin, pursuant to Idaho Code §67-1409.

54. Notification that M. Michael Sasser of the firm of Hamlin & Sasser has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Hanson, et al. v. State of Idaho, Dep’t of Health and Welfare, CV-PL-99-00558D, pursuant to Idaho Code §67-1409.

55. Notification that M. Michael Sasser of the firm of Hamlin & Sasser has been appointed as a special deputy attorney general for the purpose of representing Defendant Yae in the Wright v. State of Idaho, State of Idaho Dep’t of Correction, et al., and Mallonee v. State of Idaho, Idaho Dep’t of Correction, et al., pursuant to Idaho Code §67-1409.

56. Notification that Anne Goodwin Crump of the firm of Fletcher, Heald & Hildreth in Arlington, Virginia, has been appointed as a special deputy attorney general for the purpose of providing Idaho Public Television with legal interpretations of existing Federal Communication Commission regulations related to lawful uses of broadcast channels licensed to the State of Idaho, pursuant to Idaho Code §67-1409.

57. Notification that Cynthia J. Larsen of the firm of Orrick, Herrington & Sutcliffe, LLP, has been appointed as a special deputy attorney general for the purpose of assisting the OAG in the preparation of a complaint against the United States Fish and Wildlife Service for its proposed introduction of the grizzly bear into the State of Idaho, pursuant to Idaho Code §67-1409.

58. Notification that Col. James A. Bevis of the firm of Bevis, Cameron & Johnson has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho, Military Division in matters as follows, pursuant to Idaho Code §67-1409.
      1. Negotiation and execution of state and federal agreements for facilities construction;
      2. Execution of certificates of title to lands owned by the Military Division; and
      3. Certifying the validity of the execution of agreements by the Adjutant General on behalf of the Military Division.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda for items # 52-58. David Tolman seconded the motion. The motion passed unanimously.



INFORMATIONAL AGENDA

59. STATE BOARD OF EDUCATION
    Report of moving reimbursement for Boise State University, Idaho State University, University of Idaho and Lewis-Clark State College during calendar year 2000 in compliance with the State of Idaho Moving Policy.
    STATE INSURANCE FUND

60. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December 2000.
      Estimated expenditure for workers $10,000,000.00
      compensation claim costs, dividends
      and premium refunds
      Funds Expended in November 2000:

      Workers Compensation Claim Costs $ 5,646,710.39
      Dividend 1,990.36
      Commissions -0-
      Policy Refunds 162,199.92
      Total $ 5,810,900.67

61. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of December 2000.

      Estimated expenditures for $750,000.00
      Petroleum Storage Tank Fund
      Fund expended in November 2000:

      Payroll $ 53,409.41
      Operations 13,154.82
      Claim Costs 255,630.30
      Total $322,194.53

62. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of January 2001.
      Estimated expenditure for workers $10,000,000.00
      compensation claim costs, dividends
      and premium refunds
      Funds Expended in December 2000:

      Workers Compensation Claim Costs $ 6,783,197.10
      Dividend 1,071.09
      Commissions 1,220,593.70
      Policy Refunds 117,925.33
      Total $ 8,122,787.22

63. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of January 2001.

      Estimated expenditures for $750,000.00
      Petroleum Storage Tank Fund
      Fund expended in December 2000:

      Payroll $ 53,354.31
      Operations 18,740.56
      Claim Costs 199,623.27
      Total $271,718.14






PROPOSED AMENDMENT TO STATE MOVING POLICY
February 13, 2001




XIII. Real Estate Expense
    A. Relocation Services
      Agencies may enter into “amended value sale” agreements that provide State reimbursed employee Home Relocation Services. The program objective is to facilitate home reimbursement to certain personnel who wish to take advantage of the Home Purchase Program. The employees selected for relocation assistance will be those the agency determines to be in the best interest of the State without which the agency would be unable to staff positions with the most qualified personnel.
      1. Any agreement between an employee and the state for the sale of an employee’s home must specify whether costs paid by the state will be considered taxable income to the employee.

        a. Only certain costs incurred before the relocation services company takes the home into inventory will be taxable to the employee. Costs incurred after the relocation agency takes the home into inventory are beyond the control of the employee and therefore not taxable to the employee.
        b. The general rule is that pre-inventory costs paid by the employer, which are normally paid by the seller in a typical home sale transaction, will be considered taxable income to the employee. Such costs include by way of example brokerage fees, seller’s title insurance fees, discount points, up to two appraisal fees, prepaid fees such as taxes, utilities, garbage and water, as well as reconveyance fees, seller’s filing fees and home inspection fees.
        2. The State will contract with a relocation firm that specializes in such services after competitive bidding with other interested organizations. It is intended that the employees make no financial gain from the program. Reimbursements will be limited to fair market values using standard appraisals.

        3. The services will involve only the eligible employee’s principal residence on lots of the size of those typical to the neighborhood. The employee will give evidence of attempting to sell his home for 90 days before requesting relocation services.
        4. If the home remains unsold after the 90-day offering period, the relocation company can make an offer to purchase the home from the employee at 97% of the appraised value. The appraised value is determined by averaging two independent appraisals of the home. The employee is free to accept or reject the relocation company offer, if the employee rejects the relocation offer, he is no longer entitled to participation in the relocation program. The employee will nevertheless be taxed on the typical seller’s costs (as defined above) which were paid by the State prior to the employee’s rejection of the relocation company offer.
          5. State reimbursed services will not be paid which involve: income producing properties, vacation homes, vacant land and residences requiring major structural or environmental repairs and any residences which exceed $300,000 in appraised value.


      APPENDIX A

      Non-Qualified Moving Expenses
        3. Relocation Services (as prescribed by XIII. Real Estate Expense A. Relocation Services
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