C.L. "Butch"
Secretary of
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SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
February 17, 2009 – 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 204 N. 8th Street, Boise, Idaho, at 8:55 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, and Attorney General, Lawrence Wasden. Controller, 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 passed on unanimous consent.


1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on January 20, 2009.

2. Bureau of Homeland Security, Division of Military - Approved, less $69.90 spent for the responders’ meal.
ID #
Date to Board
Drug Lab
Meth lab in rural Idaho County
Less responders’ meal

3. Military Division - Approved
Request for approval pursuant to Idaho Code §72-928 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 $2,443.16.

4. Department of Agriculture - Approved
Request approval for deficiency warrant spending authority for the following items:

a. Potato Cyst Nematode Survey, Detection and Eradication Program - $250,000.
b. Survey, Detection and Eradication Programs for Pests and Diseases - $75,000.

Total authorization requested for March 1, 2009 through February 29, 2010: $325,000.

5. Health and Welfare - Approved
Request approval for recognition of assignment as executed by Assignor Business Psychology Associates, Inc. and Assignee Washington Trust Bank, both of Boise, Idaho, for security rights to payment from Idaho Department of Health and Welfare Contract Numbers RC015900 and BC008100 pursuant to Idaho Code §67-1027.

6. Office of the Attorney General - Approved
Request approval pursuant to Idaho Code §67-5302(20) for the use of the Special Overtime Paid (ONL) time code for overtime worked by four Attorney General’s Office investigators while they are performing as certified peace officers in Internet Crimes Against Children (ICAC) cases. The overtime work will be paid from grant funds from the U.S. Department of Justice.

Discussion: Mr. Wasden requested to have people from his office give a short explanation about this item.

Mr. Steve Bywater, Chief of the Criminal Law Division and the designated Director for the Idaho Internet Crimes Against Children taskforce presented information to the Board. He said they have received money from the federal government to investigate and prosecute internet crimes committed in Idaho. Part of that money is to pay overtime to investigators to do ICAC work. In a one month period of time investigators have identified over 1,000 computers in Idaho that have known and determined child porn videos on them that are being made available to the public. Mr. Bywater said that ICAC needs more resources to investigate these cases. The Office of the Attorney General is only asking for approval to use the ONL code, which is the special overtime code and will be paid entirely by federal dollars.

Gov. Otter asked how much money this would cost.

Mr. Bywater answered that the grant has $40,000 in it for overtime. The investigators might have around $8,000 during one year in overtime costs, which are all paid by federal dollars.


    7. Office of the 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 the matter of Gary Brown, IC#04-001660.

    b. Notification that Paul Madden of the firm of Whiteford, Taylor & Preston, LLP in Baltimore, Maryland, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of consultation, research, and advice on federal tax and regulatory issues related to plan qualification and compliance, as needed and when requested by PERSI.

    c. Notification that V. Rafael Stone of the firm of Foster Pepper, PLLC in Seattle, Washington, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representation of PERSI in investment-related transactional matters that include, but are not limited to, PERSI’s private equity and private real estate investments.

    8. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December, 2008.
      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    Funds Expended in December, 2008
    Workers Compensation Claim Costs
    Policy Refunds

    Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of December, 2008.
      Estimated expenditure for Petroleum Clean Water Trust Fund
    Funds Expended in December, 2008:
    Claim Costs

    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 9:07 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 03/17/2009 02:58:15 PM