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
January 17, 2008 – 8:55 a.m.
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom

The regular meeting of the State Board of Examiners was called to order at at 204 N. 8th Street, Boise, Idaho, at 9:00 a.m. pursuant to Idaho Code §67-2002 and by the order of the chair.

The following board members were present: Governor C.L. “Butch” Otter; Secretary of State, Ben Ysursa; Attorney General, Lawrence Wasden, and Donna M. Jones, Secretary to the Board of Examiners recorded the proceedings of the meeting.


Ms. Jones introduced the consent agenda items. Mr. Wasden moved to approve the consent agenda. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.

CONSENT AGENDA

1. Minutes -- Approved
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on December 13, 2007.
    2. Idaho State Police -- Approved
    Request authorization to pay 10 hours per week of overtime, at $33.69 per hour, for Laboratory Manager Shannon Larson, for approximately the next six months until the replacement analyst has completed training.
      3. Department of Health and Welfare -- Approved
      Request that $130,985,500.00 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the third quarter of Fiscal Year 2008.
        4. State of Idaho Military Division -- Approved
        Ratification of Military contracts.
          a. Contract NGBID-07-C-0010 for State of Idaho Military Division
          project: Bldg 557 – Readiness Center Remodel and Bldg 578 – Allied Trades
          relocation.

          b. Contract NGBID-07-C-0008 for State of Idaho Military Division
          A/E project: Readiness Center Life Cycle Cost Analysis.

          c. Contract NGBID-07-C-0011 for State of Idaho Military Division
          project: Bonners Ferry Vehicle Parking Expansion

          d. Contract NGBID-07-C-0001 for State of Idaho Military Division
          project: Edgmeade Readiness Center Remodel.

          e. Contract NGBID-08-C-0002 for State of Idaho Military Division
          project: Jerome FMS #4 Renovation.


          5. Bureau of Homeland Security, Division of Military, Executive Office of Governor
          -- Deferred until next month
          ID #
          Description
          Amount
          Comments
          Date to Board
          2007-00242
          HazMat
          $1,719.29
          Incident at 14224 Highway 12 in Orofino involving explosives found during service of a search warrant.
          1/7/08
          2007-00243
          HazMat
          $2,259.69
          Incident at Eidelman Canyon in Lemhi County involving deteriorated nitroglycerine based dynamite found in an abandoned mine shaft. Responsible party is unknown.
          1/7/08
          2007-00244
          Drug Lab
          $1,113.77
          Incident at 6020 W. Arco Highway involving a suspected drug lab and possible explosive devices found under trailer house. Responsible party is unknown at this time.
          1/7/08
          2007-00256
          Drug Lab
          $2,256.50
          Incident at 4945 Elmore Road in Payette involving a suspected drug lab.
          1/7/08
          2007-00257
          Drug Lab
          $2,038.82
          Incident at 1706 N. Allen Street in Fruitland involving a suspected drug lab.
          1/7/08
          2007-00259
          HazMat
          $1,067.04
          Incident at I-84 Cotterell Port of Entry, milepost 229 in Burley involving an unknown liquid leaking from a covered van trailer.
          1/7/08
          2007-00261
          HazMat
          $950.01
          Incident at Minnie Moore Gulch in Bellevue involving deteriorated dynamite located in a mine shaft. Responsible party is unknown, but it was found on BLM land.
          1/7/08
          TOTALS
          $11,405.12

          INFORMATIONAL AGENDA

          5. Bureau of Homeland Security, Division of Military, Executive Office of Governor
          Presentation on the Bureau of Homeland Security's collection efforts from Col. Bill Shawver.

          Discussion: Col. Shawver reported that since June 2006, the Bureau has been involved in approximately 73 Hazardous Substance Incidents reported for cost recovery. About $159,000 has been or will be reimbursed to state and local emergency response authorities, while approximately $35,000 has been recovered from those responsible and deposited in the State General Fund. Twenty of the incidents are from unknown parties, totaling about $38,000 of unrecoverable state expenses. Actions are being taken to ensure recovery can be processed within the allowable statute of limitations. Col. Shawver noted that it has been the practice of the Bureau to not aggressively attempt to recover costs from those responsible for drug labs. However, all future and recent drug lab discoveries will have recovery actions pursued by the Bureau with the assistance of the Office of the Attorney General and the applicable county prosecutors. Col. Shawver said that timely, recurring, and accurate information will be provided to the subcommittee to ensure the Board’s awareness of the Bureau’s compliance with statutory requirements. The overdue Bureau actions will be complete by February 19, 2008.

          Mr. Wasden thanked Col. Shawver for his leadership involving cost recovery efforts.

          Gov. Otter asked what the statute of limitations was.

          Col. Shawver answered that it is a two year statute of limitation from the closure of the event.

          Gov. Otter commented that several meetings ago he asked that the Board be given an update and that an additional line be put in the right-hand column that denotes the amount of recovery received. Gov. Otter asked if all of the unrecoverable incidents were drug labs.

          Col. Shawver said that all drug labs so far have been unrecoverable. The Bureau has not gone after the property owners or the persons responsible for the drug labs, but are discussing the option with Steve Olsen and Mitch Toryanski.

          Gov. Otter asked if a property owner can deny to rent to a person if the owner is suspicious of illegal activity.

          Steve Olsen answered that they can pursue an action against the landlords of those individuals who are renting, and who have been involved in this sort of activity. Mr. Olsen said they have been looking at contacting the county handling the criminal, and part of a restitution program requiring for that individual to pay money for the costs of cleaning up the drug lab, or the costs incurred by the Bureau of Homeland Security. Another option would be to pursue actions against the landlords that have tenants who are involved in this activity. Col. Shawver is aggressively pursuing both options.

          Gov. Otter asked if in the anti-discriminatory laws regarding renting, does the landlord have power to say he is not going to rent to someone if he suspects a renter will set up a drug lab.

          Mr. Olsen answered that there are many types of contracts, but he will look at the law. The law should support the landlord’s right to take action to have someone removed if the tenant is engaging in illegal activities.


          6. Office of the State Controller
          a. Notification of closure of rotary fund #0872 for the Idaho Department of Correction effective December 31, 2007.

          b. Notification of closure of rotary fund #0868 for the Idaho Department of Labor effective December 20, 2007.


          7. Attorney General
          a. Notification that Terry C. Copple of the firm of Davison, Copple, Copple & Cox, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Idaho Department of Lands in bringing a collection action against The Body Essence for unpaid rent.

          b. Notification that Louis E. Marshall III, Deputy Prosecuting Attorney with the Bonner 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 the case of Peter Melhorn Real Property Forfeiture.

          c. 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 providing a legal review of the referenced claims, including summaries of the claims and an assessment of whether the claims support any liability apportionable to the Idaho Industrial Special Indemnity Fund.

          d. Notification that Michael J. Kane of the firm of Kane & Tobiason, 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.

          e. Notification that Edwin L. Litteneker, 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.

          f. Notification that Mick Hodges of Hodges 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.

          g. Notification that Robert L Crowley, Jr. of Robert L. Crowley, Jr., 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.

          h. Notification that Rami Amaro of Amaro 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.

          8. State Insurance Fund
          a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November, 2007.
              Estimated expenditure for workers compensation claim costs, dividends and premium refunds
          $18,000,000.00
            Funds Expended in November, 2007
            Workers Compensation Claim Costs
          $11,270,876.03
            Dividend
          00
            Commissions
          00
            Policy Refunds
          650,284.19
            Total
          $11,921,160.22

            b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of November, 2007.

                Estimated expenditure for Petroleum Clean Water Trust Fund
            $750,000.00
              Funds Expended in November, 2007:
              Payroll
            100,933.79
              Operations
            10,246.68
              Claim Costs
            80,666.27
              Total
            $191,846.74

          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 9:08 a.m.
          __________/s/ C.L. “Butch” Otter________
          C.L. “Butch” Otter, Chairman of the Board and
          Governor of the State of Idaho


          __________/s/ Donna M. Jones ____________
          Donna M. Jones, Secretary of the Board and
          Idaho State Controller

              A meeting agenda will be available at the Idaho State Controller’s Office, 700 West State Street, Boise, Idaho, two (2) working days before the meeting.

              If you have questions or would like to arrange auxiliary aides or services for persons with disabilities, please contact the Idaho State Controller’s Office at (208) 334-3100. Accommodations for auxiliary aides or services must be made no less than five (5) working days in advance of the meeting.

              The CONSENT AGENDA addresses routine items the board may approve without discussion.

              The REGULAR AGENDA addresses policy and program items the board may wish to discuss prior to making a decision.

              The INFORMATION AGENDA provides information only.

              The agendas are subject to change and the Board may move an item from one agenda to another.

            Page last updated on 02/22/2008 07:47:40 AM