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 > Board of Examiners Minutes
STATE BOARD OF EXAMINERS
MINUTES – REGULAR MEETING
700 W. State Street, Boise, Idaho
1st Floor, East Conference Room
January 13, 2004


The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 7:58 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following board members were present, constituting all the members: Governor Dirk Kempthorne, chairman of the board; Secretary of State Ben Ysursa; and Attorney General Lawrence Wasden.

State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.


· CONSENT AGENDA
Mr. Johnson introduced the items on the consent agenda. Mr. Ysursa moved to approve the consent agenda as recommended in its entirety; Mr. Wasden seconded the motion. The motion carried by unanimous voice vote.

1. Minutes—Approved

    Approval of official minutes for the subcommittee meeting of the Board of Examiners on December 8, 2003.

2. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor—Approved
    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during December pursuant to Idaho Code §39-7110.

    ID #
    Description
    Amount
    Comments
    Date to Board
      a. 2003-4553
    Hazmat
    $327.56
      White powder found in mail carriers vehicle
    12/8/03
      b. 2003-4433
    Hazmat
    $268.76
      Threatening letter from inmate containing suspicious substance
    12/8/03
      c. 2003-4686
    Drug Lab
    206.25
      Meth lab break-down
    12/8/03
      d. 2003-4825
    Hazmat
    79.02
      Chemicals dumped behind fence
    12/10/03
      e. 2003-4937
    Hazmat
    1075.46
      Unknown substance dumped at rest area
    12/10/03
      f. 2003-4901
    Drug Lab
    1542.93
      Drug lab take-down
    12/10/03
      g. 2003-4659
    Hazmat
    441.09
      Abandoned 55-gal drum
    12/24/03
    Total
    $3,941.07
3. Bureau of Disaster Services, Military Division, Executive Office of Governor—Approved
    a. Request payment of compensatory time for Cherylyn Murphy, Emergency Management Specialist, Bureau of Disaster Services, for 57.5 hours overtime, which she accumulated assisting the state of Maryland from September 26 – October 10, 2003 during the recovery phase of Hurricane Isabel.

    b. Request to pay $5,152.35 to the State Insurance Fund for workers’ compensation claims for members of the Idaho National Guard during the quarter ending December 31, 2003 pursuant to Idaho Code §72-928.


· REGULAR AGENDA
4. Attorney General—Approved claim and recommended request to legislature to expedite appropriation to the State Board of Examiners’ account to pay this claim
    Consideration of award for attorney’s fees ordered December 19, 2003 related to Idaho Coalition United for Bears v. Pete T. Cenarrusa, Case Civ. No. 00-0668-S-BLW.

Audience with the Board: David High, Attorney General’s Office, encapsulated the judgment for attorney fees, costs and interest awarded against the state in this case. The case was a challenge to a legislative enactment that required 6% of electorate signatures in half of the counties to place an issue on the ballot. The court ruled that this geographic distribution was unconstitutional. Mr. High said presently the interest was calculated at $7,500, but the interest on this claim was currently being contested. He anticipated an appropriation of $52, 500 would be adequate.

Resolution: Mr. Wasden moved to approve the claim and to recommend that the legislature expedite a supplemental appropriation from the general fund to the Board of Examiners to pay the amount of the claim including the accrued interest. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.

· INFORMATIONAL AGENDA
5. Attorney General

    a. Notification that Merlyn W. Clark of the firm of Hawley, Troxell, Ennis & Hawley has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State in a matter related to the Idaho State Bar.

    b. Notification that Michael C. Moore of the firm of Moore, Smith, Buxton & Turke, Chtd. has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of researching, analyzing, and advising the Idaho Department of Transportation regarding the issuance of bonds for the construction of highway facilities.

    c. Notification that John R. Goodell of the firm of Racine, Olson, Nye, Budge & Bailey 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 Keeter, et al. v. Callaghan, et al., Case No. CV-2003-3049-PI; State File No. 2002-1046-001.

    d. Notification that Richard A. Skinner of the firm of Skinner Fawcett has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho by providing counsel to the Idaho Department of Transportation, by researching and drafting proposed legislation regarding use of GARVEE Bonds to fund highway construction, and by providing information to the legislature regarding such proposed legislation.


6. State Insurance Fund
    a. Notification of the State Insurance Fund estimate of expenses to be paid by sight drafts and prior month’s disbursements for December 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in November 2003
      Workers Compensation Claim Costs
    8,899,090.08
      Dividend
    5,580.13
      Commissions
    37,509.89
      Funds Expended in November 2003 (cont.)
      Policy Refunds
    282,526.37
      Total
    $9,224,706.47
    b. Notification of the State Insurance Fund estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft and the funds expended in the prior month of December 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in November 2003:
      Payroll
    58,659.76
      Operations
    11,323.81
      Claim Costs
    89,627.82
      Total
    $159,611.39

7. Department of Health & Welfare
    Notification of general funds transfer of $92,886,500 during the second quarter of fiscal year 2004 to the Cooperative Welfare Fund, Department of Health and Welfare.

8. Department of Agriculture
    Notification of payment for a de-minimus claim of $33.38 to a representative of the Department of Agriculture who attended a $55.38 per person dinner on behalf of the Department resulting in a one-time expenditure above the allowed per diem rate of $22.00. Pursuant to the authority granted to the State Controller under Idaho Code 657-1001 and 67-1003, State Controller Johnson authorized payment of this claim from the appropriations of the Department.

9. State Board of Education
    Presentation of a summary report evaluating moving reimbursement policies of higher education in selected states.




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 8:01 a.m.


__________/s/ Dirk Kempthorne________
Dirk Kempthorne, Chairman of the Board and
Governor of the State of Idaho






__________/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 07/12/2006 01:39:17 PM