STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
May 13, 2014 – 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, Secretary of State’s Office; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: David Fulkerson, Division of Financial Management; Jeff Rylee, Bureau of Homeland Security; Monic Hackett, Military Division; Mark Poppler, Tax Commission; Glenda Smith, Transportation Department; and Deborah Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on April 8, 2014.
Resolution: Mr. Hurst moved to approve item 1. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
2. Department of Administration
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Elco Investments, LLC to Beck Unlimited, LLC. (Idaho Department of Correction, Probation and Parole is the Lessee.)
Resolution: Mr. Kane moved to approve item 2 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
3. Bureau of Homeland Security
Discussion: Mr. Benjamin noted that the first incident had been carried over from last month’s agenda for further discussion. It was a suspected meth lab. A response team was put on standby by Idaho State Police. The team was staged at a nearby location, but did not actually visit the scene of the suspected meth lab. When searched, the residence did not contain a meth lab.
Date to Board
Suspected Drug Lab
|Response to a suspected drug lab.|
(KOOTENAI COUNTY) Resubmission of incident originally submitted April, 2014.
Ammonium Nitrate Liqueur Spill
|Response to an Ammonium Nitrate Liqueur spill from overturned truck.|
MULTI AGENCY RESPONSE – (See below)
|Sagle Fire District|
|Bonner County Sheriff Office|
|Bonner County Road & Bridge|
|Idaho State Police|
|Kootenai County Fire & Rescue (RRT1)|
Mr. Kane referenced Idaho Code 39-7103, the definition of hazardous materials. He said his concern was that by having the team staged, they did not do anything associated with the hazardous material threat of release.
Mr. Rylee stated that the threat of release was why they were asked to respond. The officers needed to know the team was available. They coordinated this with law enforcement.
Mr. Kane asked if Mr. Rylee felt comfortable with this reimbursement as a proper use of funds.
Mr. Rylee responded that he did.
Mr. Benjamin said he has never seen an incident that had been staged and never been to the scene to make a test or determine what the substance was.
Mr. Rylee said they were responding based on the intelligence law enforcement had. Law enforcement believed there was a drug lab in the residence. It was safest for all parties. He stated that this is the only incident in 14 years that he’s seen of there not being a drug lab present, when one was suspected.
Resolution: Mr. Kane moved to approve item 3 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on unanimous voice vote.
Discussion: Mr. Hurst asked Mr. Rylee to monitor the situation.
Mr. Rylee said he meets monthly with the team leaders and they will discuss this situation.
Regarding incident #021, it was a multi-agency response in northern Idaho.
Mr. Benjamin explained that the response team responded to concentrated ammonium nitrate that was leaking out of the trailer into a creek that then went to Cocolalla Lake. There was also a fuel tank rupture, as well as the investigation of the fatality of the truck driver. Many agencies responded and were involved on scene. The fire chief tried to reach the deceased driver and fell through the ice, which was saturated in ammonium nitrate. It ruined all of his apparel and fire gear, including a radio and a pager. An ISP trooper also had his clothing damaged while wading out to the creek. He was taken to the emergency room because there was some burning to his legs from being in water.
Ms. Revier asked if there would be insurance to cover those items.
Mr. Benjamin commented that he made note of the medical bill. It looked like it had been billed to the State Insurance Fund for workers comp.
Mr. Kane said he does not want to double reimburse if SIF is paying too.
Mr. Rylee said the ammonium nitrate was of explosive grade and was going into Canada for the mines. It was water soluble and corrosive.
Mr. Hurst asked if the radio equipment was covered by insurance. He said they should get recovery through their insurance.
Mr. Kane referenced Idaho Code 39-7109, that the equipment is reimbursable if destroyed due to contamination during the response to an incident.
Resolution: Mr. Hurst moved to approve item 3, incident 013. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Rylee stated BHS will make sure the emergency room visit is not paid for twice, since the invoice was billed to SIF.
4. Military Division
Request a one year continuance of approval for cash compensation of overtime to all state professionals and administrative personnel deployed to assist on state or federally declared disasters according to Idaho Code §67-5328(3C).
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. Tax Commission
Request approval pursuant to Idaho Code §63-3067(2) to transfer $10,000,000 from income tax collections to the state refund account, which will assure that taxpayers receive their refunds within the normal timeframe.
Discussion: Mr. Kane asked if the amount is enough.
Mr. Poppler answered that based on what has happened since the end of April, the $10 million should be sufficient. Revenues are a little bit up for this time in May and refunds are a little bit down.
Mr. Hurst asked when the funds will be spent.
Mr. Poppler answered that all of the refunds, if they are going to be timely, have to be paid before June 15. The next four weeks is the critical time. We will not actually borrow the $10 million unless we get down in the fund to where it’s needed.
Resolution: Mr. Kane moved to approve item 5 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
6. Office of the Attorney General
a. Notification that Deputy Attorney General Jessica Lorello has been permitted to accept additional outside employment at Concordia University School of Law in an educational program conducted under the supervision of the state board of education.
b. Notification that, Paul J. Augustine of the firm of Augustine Law Offices, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matters of Linda Lair and Thomas Moody.
7. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of March, 2014.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in March, 2014:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in March, 2014:
Mr. Hurst moved to adjourn the meeting. Mr. Kane seconded the motion.