STATE BOARD OF EXAMINERS - State of Idaho Controller's …



STATE BOARD OF EXAMINERSMINUTES– Subcommittee MeetingApril 14, 2020 – 1:30 p.m.Joe R. Williams Building, 4th Floor Syringa Conference Room700 W State Street, Boise ID 83702Call-In Information - (712) 770-4875; Access Code = 820128The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 W State Street, 4th floor, Syringa Conference Room, Boise, Idaho, at 1:31 p.m. pursuant to Idaho Code §67-2002 and by order of the chair. The following members were present: Chairman David Fulkerson, Division of Financial Management; by phone Lisa Mason, Secretary of State; by phone Andy Snook, Office of the Attorney General; and Brian Benjamin, Office of the State Controller, as assisting secretary of the subcommittee.Also present were Jackie McCleve, State Controller’s Office; Wayne Harris, Office of Emergency Management; Yolandi Faulkner, Office of Emergency Management; Anne Lawler, Board of Medicine; Jani Revier, Department of Labor; Rachelle Vance, Department of Health and Welfare; Traci Berreth, Department of Health and Welfare and Monica Young, Department of Health and Welfare;Discussion: Mr. Benjamin let the Subcommittee know there are a few items that were received after the agenda had been posted and wanted to know if the subcommittee would be willing to add them to our agenda.Mr. Fulkerson motioned that we add as item #8 Department of Labor “Request for overtime compensation for 53 staff working in response to the COVID-19 virus throughout Idaho. The request is to authorize certain exempt FLSA employees (Professional, Administrative, and Computer) to be paid cash for overtime worked. If approved, these employees would be changed temporarily from the period April 20, 2020 with a potential end date of July 31, 2020.” Ms. Mason seconded the motion. The motion carried on a unanimous voice vote.Mr. Fulkerson then motioned that we add as item #12 on the informational agenda State Controller’s Office “Notification from the Idaho State Tax Commission to temporary suspend all Offsetting Vendor Payments as previously approved by the Board of Examiners in the July 2012 meeting, this is in response to the Covid-19 pandemic. The Idaho State Tax Commission plans to suspend their daily SCO Claim File transmissions to the Controller’s Office. The temporary scheduled suspension is in effect until July 1, 2020. Ms. Mason seconded the motion. The motion carried on a unanimous voice vote.CONSENT AGENDA Minutes – Action Item - ApprovedApproval of official minutes for the meeting of the Subcommittee to the Board of Examiners on March 10, 2020.Resolution: Ms. Mason moved to approve the minutes from the March 10, 2020. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.REGULAR AGENDA Office of Emergency Management/Homeland Security – Action ItemID#DescriptionAmountCommentsDate to Board2020-00009Ricin$2,188.50Response to patient at Eastern Idaho Medical Center that ingested ricin (BONNEVILLE COUNTY)04/09/2020TOTAL$2,188.50Discussion: Mr. Fulkerson asked Mr. Harris if there was a responsible party that would be billed for the cost or if it was not recoverable. Mr. Harris responded that it is a 50/50 right now. Resolution: Ms. Mason moved to place item 2 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.Idaho State Board of Medicine- Action ItemRequest for overtime compensation for 4 employees working in response to the COVID-19 virus. The request is to authorize these 4 exempt FLSA employees (Professional, Administrative, and Computer) to be paid for overtime worked. If approved, these employees would be changed temporarily from the period April 21, 2020 through May 31, 2020. Discussion: Ms. Lawler explained that they were extremely appreciative of the previous approval from the Board. The Board of Medicine has been considered an essential agency in the COVID19 response. All the work that the staff is doing is in addition to their regular daily work that is full time. The bulk of the work has turned out to be from out of state physicians that have wanted to work in Idaho for the crisis. The Board has registered over 300 of these licenses since the crisis began. They anticipate that the Board will see an increase over the coming weeks as the peak of the crisis happens. When the state of emergency is lifted by the Governor then the Board of Medicine will have to terminate all of the temporary license and registrations to ensure that providers are not practicing in Idaho without a license. In addition to the new registrations and licenses they are working with providers regarding telehealth. They have been answering a lot of questions regarding PPE equipment and also they are receiving a lot more disciplinary complaints that they were not anticipating. The 4 exempt FLSA employees will be handling the bulk of this work. Mr. Fulkerson then asked when the Board has to terminate the license if is it just a matter of sending out a notice. Ms. Lawler responded that there will be a communication to the practitioners, it unfortunately cannot be a bulk email. Each physician will have to be contacted individually to explain that the state of emergency has been lifted. Mr. Fulkerson asked if the temporary license is only good for a certain period of time. Ms. Lawler responded that the usual temporary license last for 120 days, however the 300 they have recently issued are bound by the state of disaster. When the state of emergency is lifted they are not allowed to practice any more. The Board will then have to monitor to ensure that they do not continue to practice. Mr. Fulkerson asked if it was reasonable to assume that the bulk of the work has been completed? Ms. Lawler responded that as far as licensure that is probably true, however it still does take time to manage and terminate all of those registrations. It is hard to determine what new issues might be coming up. Ms. Lawler stated that she does not anticipate the work just dropping off, she anticipates that it will continue. Mr. Fulkerson asked whether the Board of Medicine had sufficient budget authority to cover the cost for this time period. Ms. Lawler confirmed that they do. Resolution: Ms. Mason moved to place item 3 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.Department of Health and Welfare- Action ItemRequest for overtime compensation for staff working in response to the COVID-19 virus throughout Idaho. The request is to add Diana Deweerd to be paid for overtime worked. If approved, this employee would be changed temporarily.Resolution: Ms. Mason moved to place item 4 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.Lava Hot Springs Foundation – Action ItemRequest pursuant to Idaho Code section 67-4402 to approve the lease of certain real property of the Lava Hot Springs Foundation, not currently being used or needed by the Foundation, to Dempsey Creek, Inc. as leasee.Resolution: Ms. Mason moved to place item 5 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.Department of Health and Welfare – Action ItemRequested that $197,707,000 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the 4th Quarter of Fiscal Year 2020 in accordance with appropriations passed.Resolution: Ms. Mason moved to place item 6 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice vote.Department of Environmental Quality – Action Item Request in accordance with Senate Bill 1403, that $700,532.00 be transferred from the Public Water System Supervision Fund #0191 to Department of Environmental Quality Fund #0225 during the first quarter of Fiscal Year 2021.Request in accordance with Senate Bill 1403, that $592,632.00 be transferred from the Air Quality Permitting Fund #0186 to the Department of Environmental Quality Fund #0225 during the first quarter of Fiscal Year 2021.Request in accordance with House Bill 268, that $750,000.00 be transferred from the Water Pollution Control Fund #0200 to the Environmental Remediation Fund #0201 on May 27, 2020 This will complete the full $1,500,000 for FY20.Request in accordance with Senate Bill 1403, that $8,399,788.00 be transferred from the General Fund to the Department of Environmental Quality Fund #0225 during the first quarter of Fiscal Year 2021.Request in accordance with Senate Bill 1403, that $750,000.00 be transferred from the Water Pollution Control Fund #0200 to the Environmental Remediation Fund #0201 on July 1, 2020. Discussion: Mr. Benjamin stated to the Board that all but one of the transfers do not occur until the next fiscal year and given the situation of the state with the 1% holdback and the potential holdback for next year, he wanted to know if the Board wanted to hold those items for another agenda to see what happens with the State budget.Mr. Fulkerson stated that usually when a request comes in for the next Fiscal Year, they are typically discussed at the June meeting. Resolution: Mr. Fulkerson moved to place item 7C on the consent agenda, and that item 7A,7B,7D,7E be held until the June Board of Examiners meeting. Mr. Mason seconded the motion. The motion carried on a unanimous voice vote.Department of Labor – Action ItemRequest for overtime compensation for 53 staff working in response to the COVID-19 virus throughout Idaho. The request is to authorize certain exempt FLSA employees (Professional, Administrative, and Computer) to be paid cash for overtime worked. If approved, these employees would be changed temporarily from the period April 20, 2020 with a potential end date of July 31, 2020.Discussion: Ms. Revier that the reason they are asking for this ability through the end of July is because one of the federal programs payment goes through the end of July, and this allows the overtime to run through the length of that program. There were several new programs that were authorized by the CARES Act. There will be an initial rush for the initial claimants that have signed up, but once they have all signed up there is a high likelihood that as time passes they will go on for extended benefits from unemployment. It is going to be a lot of continuous work as the claimant’s exhaust one benefit and they have to be moved to the next benefit. Resolution: Ms. Mason moved to place item 8 on the consent agenda. Mr. Snook seconded the motion. The motion carried on a unanimous voice RMATIONAL AGENDAState Controller’s OfficeReports of overtime paid on FLSA exempt employees by agencies for pay period 3/8/2020 through 3/21/2020, which was approved by the Board of Examiners for the States response to the COVID-19 emergency declaration on March 13, 2020.Office of the Attorney General Notification that Anthony M Valdez of the firm of Valdez Law 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, Industrial Special Indemnity Fund in the matter of Ronald Beedle, IC#2017-013290; ISIF#2019-23974.Notification that Jason G Murray of the firm of Brassey, Crawford, PLLC 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 the case of Davis, et al. v. Lytle, et al., Case No CV01-17349; State File No. 2019-0336-001.Notification that Daniel A. Miller of the firm of Ludwig, Shoufler, Miller & Johnson, LL 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 the case of Darcy Phipps, IC# 2017-029896; ISIF# 2020-2396.Notification that David H Leroy of the firm of Leroy Law Offices, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the Idaho State Superintendent of Public Instruction Sherri Ybarra in analyzing the Superintendent of Public Instruction’s FY2021 appropriation budget.Notification that Anthony M Valdez of the firm of Valdez Law Office PLLC, 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 Robert Nelson, IC#2018-009611; ISIF#2020-2398. State Insurance Fund a) Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month ofMarch 2020. Estimated expenditure for workers compensation claim costs, dividends and premium refunds$19,000,000.00Funds Expended in February 2020:Workers Compensation Claim Costs$15,072,186.30Dividends0Commission0Policy Refunds$362,176.39Total$15,434,362.69Estimate of the Idaho Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of March 2020. Estimated expenditure for Idaho Petroleum Clean Water Trust Fund$750,000.00Funds Expended in February 2020:Payroll$68,701.43Operations$197,453.67Claim Costs$308,799.91Total$574,955.01State Controller’s Office Notification from the Idaho State Tax Commission to temporary suspend all Offsetting Vendor Payments as previously approved by the Board of Examiners in the July 2012 meeting, this is in response to the Covid-19 pandemic. The Idaho State Tax Commission plans to suspend their daily SCO Claim File transmissions to the Controller’s Office. The temporary scheduled suspension is in effect until July 1, 2020. Ms. Mason moved to adjourn the meeting. Mr. Snook seconded the motion. The meeting adjourned at 2:05 p.m. ................
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