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
November 10, 2005


The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:04 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brad Foltman, Governor’s Office; Chuck Goodenough, Office of the Secretary of State; 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 Dick Humiston, Department of Health and Welfare; Lorrie Pond, Division of Military; Dan Goicoechea, State Controller’s Office, Bryn Field, State Controller’s Office

CONSENT AGENDA

1. Minutes

    Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on October 6, 2005.

Resolution: Mr. Goodenough 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 Greg James to Granite Chief LLC.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Home Federal Savings and Loan to Stephen Peisner
c. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Harry M. Dudunake and Evangeline Dudunake Trust to Downtown Dudunake Group LLC.
Resolution: Mr. Goodenough moved to approve item 2. Mr. High seconded the motion. The motion carried on a unanimous voice vote.



3. Military Division
a. Request for approval of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty, in the amount of $5,308.80.
b. Request for approval to pay comp-time cash compensation for all state professionals who are assigned by the Military Division to support federal and state disasters.
Audience with the Board: Lorrie Pond said the federal government cannot reimburse comp time through EMAC unless comp time is paid beforehand by the state.

Discussion: Mr. Foltman recommended checking with the Division of Human Resources on item 3b before approval. Mr. Foltman said it was similar to an issue they looked at with the Department of Lands employees traveling out of state for fires.

Resolution: Mr. Foltman moved to approve item 3a. Mr. Foltman moved to approve item 3b, barring any adverse statement from the Division of Human Resources. Mr. Goodenough 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
      2005-2481
    Diesel Spill / HazMat
    8,029.13
    Incident in Canyon County involving a number of farm workers exposed to chemicals from a field that had been sprayed the night before. These folks were treated at West Valley hospital. Incident date: 7/6/05
    10/31/05
      2005-2594
    Drug lab
    420.72
    Incident in Coeur d’Alene, ID, involving a suspected drug lab discovered in the public safety impound lot. Incident date: 7/13/05
    10/31/05
      2005-2639
    HazMat
    860.98
    Fire at an asphalt storage unit in Nampa, involving stored styrene products. Incident date: 7/16/05
    10/31/05
      2005-2735
    Diesel Spill / HazMat
    1,293.91
    Incident in Dover involving A mixture of hydraulic fluid, diesel & antifreeze that spilled due to fire of an excavator Incident date: 7/21/05
    10/31/05
    TOTALS
    $10,604.74
Discussion: Mr. Foltman asked if item 2005-2639 was a repeat fire. Lorrie Pond said she was unaware. Mr. Goodenough asked about the costs surrounding item 2005-2481. Ms. Pond said the majority of the $8,029.13 was incurred from Caldwell and Middleton fire department personnel costs, and the remaining was incurred from the costs of monitoring hazmat respondents, and hazmat Decon trailer set up and equipment. Mr. Foltman recommended breaking down future items like 2005-2481 to show an itemized cost summary.

Resolution: Mr. High moved to approve item 4. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

5. State Travel Policies and Procedures – Change to Per Diem Federal Meals and Incidental Expense

    Request to amend the state travel policy to reflect the change to the per diem federal meals and incidental expense rate effective October 1, 2005. The new rate is $39.00 up from $31.00 in 2001.

Discussion: Mr. Foltman asked how an increase to per diem and federal meals and incidental rates would effect the Department of Health and Welfare. Dick Humiston said the Department of Health and Welfare had not received an operating appropriation increase in almost three years, and a change to the meals and incidental rates, combined with the recent mileage rate change, would have a budgetary impact. Mr. Humiston said it is a large increase for the middle of the year.

Mr. Foltman said an increase in the per diem meals and incidental expense rate would cause management to take a closer look at who is traveling in their organizations. Mr. Foltman asked for additional input from agencies to determine the budgetary impact.

Resolution: Item 5 was deferred until additional research is conducted.

9. Department of Health & Welfare


    Request to increase November’s transfer amount from the General Fund to the Cooperative Welfare Fund by $42 million.

Discussion: Mr. Foltman said this record request came from the Division of Financial Management to the Department of Health and Welfare. Mr. Foltman said each year, for the past 18 years, tax anticipation notes have been issued that allow that state to borrow money in order to cover cash flow needed throughout the year. Each year a projection between the revenue/expenditure relationship is made that has a bearing on the size of the note the state issues out to the markets. Mr. Foltman said in the last ten years the note has varied from a low of $200 million to a high of $375 million. Mr. Foltman said the lower the need for the note, the better the financial condition. Mr. Foltman said the current projection was made for $260 million, and the cash position is now close to $199 million. Mr. Foltman said the state needs to hit a target number of $238 million in order to retain the interest income that is generated by having this note money invested while waiting to have it paid out in expenditures.

Mr. Foltman said the transfer to the Department of Health and Welfare represents the most flexible aspect of managing cash flow in the state. This transfer would not change appropriations to the Department of Health and Welfare. Mr. Foltman said this situation shows that the projections made for revenues came in much stronger than anticipated. Because of this the draw for costs anticipated for Medicaid have been accelerated, so as not to loose interest income.

As an authority to manage cash management and cost allocation, Mr. Foltman abstained from the vote.

Resolution: Mr. Goodenough moved to approve item 9 to the regular agenda. Mr. High seconded the motion. The motion carried on a unanimous voice vote.

INFORMATIONAL AGENDA

6. Attorney General
a. 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 Eckley v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1719; I.C. No. 03-523861.
b. Notification that Mary A. Brauer of the firm of Reinhart, Boerner, Van Deuren, P.C. in Colorado has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel to the Idaho State Board of Education regarding its Optional Retirement Program.
c. Notification that Marty M. Raap, Deputy Prosecuting attorney with the Kootenai County Prosecutor’s 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 in presenting oral argument before the Idaho Supreme Court in the case of State v. Ambro, Supreme Court Docket No. 31181
d. Notification that Mary V. York of the firm of Holland & Hart, 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, et al. v. Rahe, et al., Case No. CV-04-4348.
e. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, 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, Department of Agriculture in Allison Mills, Inc., Bankruptcy Case No. 03-40767 and other related legal matters concerning Allison mills, Inc.
f. Notification that Jed W. Manwaring of the firm of Evans Keane 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, Department of Agriculture in all legal matters relating to the Commodity Indemnity Account Program, resulting from the failure of Jefferson Grain & Seed, Inc., including any bankruptcy proceeding filed by Jefferson Grain & Seed, Inc..
g. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, 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, Department of Agriculture in all legal matters related to Quality Produce’s insolvency, potential bankruptcy, and preferential payments, if any, and the Complaint for Interpleader, Fourth Judicial District Case No. CV-OC-505-7095 relating to the Quality Produce Bond.
h. Notification that Mark A. Weisbart of the firm of Kessler Collins in Dallas, Texas, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Public Employees Retirement System of Idaho in in re: Probex Fluids Recovery, Inc., Debtor, Case No. 03-36143-HDH-7, U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division.
i. Notification that C. Clayton Gill of the firm of Moffatt, Thomas, Barrett, Rock & Fields, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Department of Agriculture in all legal matters relating to the suspension and revocation of Farmer’s Merchant, L.L.C.’s Commodity Dealer License, including any failure of Farmer’s Merchant, L.L.C.
j. Notification that Peter J. Johnson of the firm of Johnson Law Group in Spokane, Washington, 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 PurCo Fleet Serv., Inc. v. Randall, et al., Case No. 05204816-1, Superior Court, Sate of Washington, County of Spokane; State File No. 2001-0676-001.


    7. State Controller’s Office
      Notification of closure of rotary fund 0846 for the Idaho Board of Nursing effective September 30, 2005.


    8. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October 2005.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $20,000,000.00
        Funds Expended in September 2005
        Workers Compensation Claim Costs
      10,811,369.25
        Dividend
      1,026.00
        Commissions
      3,053,378.68
        Policy Refunds
      296,617.14
        Total
      14,162,391.07
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of October 2005.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in September 2005:
           
        Payroll
      64,157.96
        Operations
      15,644.95
        Claim Costs
      260,995.81
        Total
      340,798.72




    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 9:45 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 01:22:11 PM