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
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
May 4, 2006

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:10 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brad Foltman, Governor’s Office; Dave High, Office of the Attorney General; and Patrick Hodges, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Lorrie Pond, Bureau of Hazardous Materials; David Tolman, Idaho Transportation Department; Judie Wright, Division of Financial Management; Kelly Nielsen, Department of Agriculture, Tom Dayley, Department of Agriculture; Bryn Field, Office of the State Controller, Brandon Woolf, Office of the State Controller, Audrey Musgrave, Office of the State Controller, Dan Goicoechea, 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 April 6, 2006.

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

REGULAR AGENDA

2. Department of Administration

    a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Meridian Marketplace LLC to Everett Davis.

b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Linc Leasing to Odiaga Rentals.
Resolution: Mr. Foltman moved to approve item 2. Mr. High seconded the motion. The motion carried on a unanimous voice vote.

3. Department of Agriculture

    Request for approval for deficiency warrant spending authority for the following items:

    1. Potato Cyst Nematode Survey, Detection and Eradication Program
    Requested Funding
    Personnel Cost $100,000
    Operating Expenses $200,000
    Total Expenses $300,000

    2. Potato Tuberworm Survey, Detection and Eradication Program
    Requested Funding
    Personnel Cost $40,000
    Operating Expenses $60,000
    Total expenses $100,000

    3. Brown Garden Snail Survey, Detection and Eradication Program
    Requested Funding
    Personnel Cost $15,000
    Operating Expenses $35,000

Total expenses $50,000
    4. Survey, Detection and Eradication Programs for Pests and Diseases
    Requested Funding
    Personnel Cost $20,000
    Operating Expenses $30,000
Total expenses $50,000

Audience with the Board: Tom Dayley said more money is needed for the end of the fiscal year in order to find the source of the nematode problem. Mr. Dayley said finding the source of the problem is expensive. A sample is taken every four feet of 500 acres and the samples have to be analyzed.

Discussion: Kelly Nielsen said there has been a negative market affects on the potato industry and other industries because of insect problems. Mr. Nielsen said the borders have been shut down between Canada and Idaho, which has not allowed potatoes and all products with dirt attached to go back and forth. Mr. Nielsen said the problem also affects the transport of all fresh potato products to other countries and potentially other states.

Resolution: Mr. Foltman moved to approve item 3. Mr. High seconded the motion. The motion carried on a unanimous voice vote.

4. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Lorrie Pond
    Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      2006-00006
    Drug Lab
    $1,546.61
    Incident in Lewiston, Idaho involving a suspected meth lab.
    Incident date: 1/11/06
    5/1/06
      2006-00010
    Spill
    $3,699.49
    Incident at BYU-Idaho in Rexburg, involving what was thought to possibly be a fire in a storage building containing multiple hazardous materials. The hazmat team found several jars of a White Phosphorous that had corroded the containers and leaked out.
    Incident date: 1/19/06.
    5/1/06
      2006-00016
    Drug Lab
    $1,453.89
    Incident in Old Town, Idaho involving a suspected meth lab.
    Incident date: 1/27/06
    5/1/06
      2006-00019
    HazMat
    $1,396.13
    Incident on I-90 at milepost 68 near Mullan, Idaho involving a semi-truck accident, resulting in a diesel spill of approximately 100 gallons.
    Incident date: 1/28/06
    5/1/06
    TOTALS
    $8,096.12
Resolution: Mr. Foltman moved to approve item 4. Mr. High seconded the motion. The motion carried on a unanimous voice vote.

INFORMATIONAL AGENDA

5. State Moving Policy and Procedures
a. In accordance with the State Moving Policy section III.E, all agencies are required to report any moving reimbursements incurred by their agency during calendar year 2005. Enclosed is the 2005 Moving Reimbursement Expense Report.
b. Legislative Update

Discussion: Mr. Woolf discussed the impacts of Senate Bill 1363 on the Board of Examiners. The impacts include:

· Bonus limit increases from $1,000 to $2,000
· Cost Savings Bonus limit increases from $1,000 to $2,000
· No dollar limits on recruitment or retention bonuses
· Shift differential changes from a fixed 5% to “up to 25%”
· Geographic differential pay based on economic conditions and cost of living
· FLSA executives will become salaried
- ineligible for overtime, EAL, Shift
- new vacation accrual rates – with a different max for first 5 years
· FLSA administrative, professional, computer – earn more vacation to

        start with
· Moving expenses

Mr. Woolf said the Division of Human Resources asked if they needed to take over the whole section of the Board of Examiner’s Web site on moving expenses. Mr. High said the Board of Examiners is a constitutional board and its constitutional duty to examine and allow or disallow claims against the state is not a duty that could be delegated to anyone else. He stated that an Idaho court case held that an agency that was required to adopt rules and did not was not subject to any adverse affect. The only affect pursuant to the APA is that the policies become “agency guidance documents” as defined in the APA and function as policies instead of rules.

Mr. Foltman expressed a need for better management within agencies of their moving reimbursements. Mr. Foltman said there seems to be some variation internally and externally about costs that are allocated to employees being moved.

6. Attorney General
a. Notification that Mary V. York of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Transportation Department in the case of State of Idaho vs. BCM&W Family Limited Partnership, Case No. CV-2004-0006335.
b. Notification that Mary V. York of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Transportation Department in case of State of Idaho vs. Poleline Properties, LLC, Case No. CV-2005-0000016.
c. 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 case of Mericle v. Indust. Special Indem. Fund, IC# 05-503854, ISIF# 2006-1769.


    7. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of April, 2006.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $25,000,000.00
        Funds Expended in March, 2006
        Workers Compensation Claim Costs
      11,474,479.02
        Dividend
      719.00
        Commissions
      38,995.39
        Policy Refunds
      383,683.38
        Total
      11,897,876.79
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of April, 2006.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in March, 2006:
        Payroll
      64,232.81
        Operations
      24,781.86
        Claim Costs
      173,494.57
        Total
      262,509.24



    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 10:02 a.m.



    __________/s/ Keith Johnson____________
    Keith Johnson, Secretary of the Board and
    Idaho State Controller



    Minutes of State Board of Examiners or the Subcommittee Meetings

    The secretary to the board prepares preliminary minutes as a courtesy for the reader. Preliminary minutes have not been approved by the State Board of Examiners or its subcommittee and do not constitute the official minutes of the meeting. The minutes become official after approval at a subsequent meeting. Should you have any questions regarding these minutes, please contact brdexam@sco.state.id.us or call the Idaho State Controller’s Office at 334-3100.
      Page last updated on 07/13/2006 01:17:53 PM