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
September 8, 2015 – 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: Scott Zanzig, Office of the Attorney General; David Fulkerson, Division of Financial Management; Robyn Lockett, Legislative Services Office; Wayne Harris, Bureau of Homeland Security; Scott Phillips, Office of the State Controller; 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 August 11, 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
      a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from IRET Properties to LSREF4 Bison, LLC. (Lessee is the Department of Health and Welfare.)

      b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Smith Building LLC to Capital Ideas, LLC. (Lessee is the Idaho Beef Council.)

      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
    ID#
    Description
    Amount
    Comments
    Date to Board
    2015-00075
    Mercury
    $938.34
    Response to mercury spill on school property.(Elmore County)
    9/3/2015
    2015-00078
    Diesel/Oil
    $4,592.36
    Response to diesel and oil release from logging truck crash into a waterway. (Benewah County)
    9/3/2015
    2015-00090
    Oil
    $1,921.92
    Response to motor oil release into water reservoir. (Power County)
    9/3/2015
    TOTAL
    $7,452.62
      Discussion: Mr. Hurst asked regarding #00078 if they are seeking reimbursement with the insurance company.

      Mr. Harris answered that the responsible party is deceased, and he did not have insurance information.

      Resolution: Mr. Kane moved to approve item 3 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.



    4. Military Division
    Ratification of military contract for the following project:
    NGBID-16-C-0002 for project: Building 669 – ISU Remodel

    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 Environmental Quality
    a. Request in accordance to Senate Bill 1163 that $35,409 be transferred from the Air Quality Permitting Fund #0186 to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.

    b. Request in accordance to Senate Bill 1163 that $3,876,900.00 be transferred from the General Fund to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.

    c. Request in accordance to Senate Bill 1163 that $351,757.00 be transferred from the Public Water System Supervision Fund #0191 to the Department of Environmental Quality Fund #0225 during the second quarter of Fiscal Year 2016.

    Discussion: Mr. Hurst asked if these were operating expenses.

    Mr. Benjamin answered yes, and that the State Controller's accounting department has reviewed the numbers.

    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.


    6. Office of the Attorney General
    Request approval for the settlement of attorneys’ fees claim in Taylor v. Brasuell in the amount of $70,000. It is requested to be submitted to the Constitutional Defense Council for payment from the fund created under Idaho Code §67-6301.

    Discussion: Mr. Benjamin explained that the difference in this request from other requests we have seen is that the fees have not been awarded by the court yet. Paying the settlement now would save the state around $10,000 in attorneys’ fees rather than having to go through the additional filing and briefing.

    Mr. Zanzig commented that there is room to challenge a portion of the fees. The court has discretion as to how much to award. He said that it is highly unlikely that the state would do as well as the discounted amount the plaintiff's attorneys have agreed to accept now.

    Ms. Revier asked how this will work if the request is approved.

    Mr. Benjamin answered that it will be a settled amount for attorneys’ fees by the parties.

    Mr. Zanzig said they have already agreed to this number.

    Resolution: Mr. Hurst moved to place item 6 on the consent agenda and to have it forwarded on to the Constitutional Defense Council. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.


    7. Office of the State Controller
    Discuss the current in-state and out-of-state per diem allowances with research compiled by the Office of the State Controller at the direction of the Board of Examiners to determine if an increase is merited.

    Discussion: Mr. Benjamin explained that the State Controller's Office is not requesting action be taken, but initiating this review. The per diem rate has not changed since 2001 (in-state) and 2009 (out-of-state). He researched six of Idaho's surrounding states. Three states are tied to the federal rate, and three set their own rate. Currently the standard federal rate for Idaho is $46, unless in Sandpoint, Sun Valley, or Coeur d' Alene. On October 1st the federal rate is changing to $51 per day per diem (depending on locale). A survey of venues and locations for meals found that an average of meals per day was $53.64, with a median of $49. The biggest comment from agencies is that it is difficult staying under the per diem amount when providing meals at training events. The four highest spending agencies for a financial impact would be the Department of Health and Welfare, the Department of Lands, the Department of Fish and Game, and the Department of Transportation. The agencies that do receive federal money end up traveling more than the agencies who are state general funded.

    Mr. Kane stated that there are two decision points: the out-of-state and the in-state rates.

    Ms. Revier commented that the state currently aligns with the federal for the out-of-state per diem. For in-state, we currently do not align with the federal rate. She asked what went into the state's rationale in setting these rates in the past.

    Mr. Benjamin noted that the potential large jump in rates are from not having revisited this in a long time.

    Ms. Revier said that the Governor believes the rate does need to be increased.

    Resolution: Mr. Kane moved to place this item on the regular board agenda for discussion. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.

    Discussion: Ms. Lockett asked if the board is tied to the federal rate, would this item have to come back to the board annually.

    Mr. Benjamin said that historically when the federal rate went up, the board put it on the regular agenda for discussion.

    Mr. Fulkerson noted that the per diem updates should be similar to the mileage rate changes, where they are always brought to the board.

    All members agreed that the rates should not be set to automatically update when the federal rates increase. Each update should be brought before the board for discussion and approval.


    INFORMATIONAL AGENDA


    8. Office of the Attorney General
    a. Notification that Daniel A. Miller of the firm of Ludwig, Shoufler, Miller & Johnson, 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 David J. Larsen.

    b. Notification John Nick Crawford of the firm of Brassey, Crawford & Howell, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing Ian Thomson in connection with his deposition in the case of Tucker, et al. v. State, et al.

    9. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
      July, 2015.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $14,000,000.00
        Funds Expended in July, 2015:
        Workers Compensation Claim Costs
      $12,937,779.54
        Dividends
      0
        Commission
      3,257,247.35
        Policy Refunds
      321,000.25
        Total
      $16,516,027.14
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of July, 2015.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $450,000.00
        Funds Expended in July, 2015:
        Payroll
      $68,961.49
        Operations
      134,234.19
        Claim Costs
      200,698.00
        Total
      $403,893.68


    Mr. Kane moved to end the meeting. Mr. Hurst seconded the motion. The meeting adjourned at 2:06 p.m.
    Page last updated on 11/12/2015 02:19:26 PM