STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
March 11, 2003
1st Floor E. Conference Room
700 W. State Street, Boise, Idaho
The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:00 a.m. pursuant to §67-2002, Idaho Code and 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.
Also present by invitation were State Treasurer Ron Crane; Mike Moore, Bond Counsel; and Dave High, Attorney General’s Office.
State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.
· CONSENT AGENDA
Mr. Johnson introduced items 1-6 on the consent agenda. Mr. Wasden moved to approve the consent agenda in its entirety; Mr. Ysursa seconded the motion. The motion carried by unanimous voice vote.
1. Minutes - Approved
Approval of official minutes of the Board of Examiners meeting on February 11, 2003, January 14, 2003 and December 10, 2002.
2. University of Idaho - Approved
Request for authorization to reimburse moving expenses for the following currently open positions:
||College of Science||Not cited||$10,000|
||College of Agricultural & Life Sciences||Not cited||$10,000|
3. 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 February 2003 pursuant to Idaho Code 39-7110.
4. Department of Agriculture - Approved
| a. 2002-0004|
Request for authorization to issue deficiency warrant for spending authority to cover the cost of:
a. Grasshopper/Mormon Cricket Control Program. A 2002 summer survey showed a significant risk of Mormon cricket infestation in southeastern Idaho. Likewise, a grasshopper survey indicated a risk and the need for protection of re-vegetation planting on public lands burned in 2001. The Department would like to conduct a comprehensive nymphal and adult grasshopper survey in Idaho and, if needed, implement control programs in the state in 2003 and beyond. Costs estimates are $50,000 for personnel costs and $200,000 for operating expenses for a total of $250,000.
b. Survey Programs for Pests and Diseases. The state of Idaho should continue to conduct detection surveys for the export certification of agricultural products and to determine the presence of pests and diseases as early as possible. To accommodate a shift to fiscal year basis instead of calendar year, the department requests $50,000 for personnel costs and $20,000 for operating expenses for a total of $70,000 to cover the period from the date of approval up to June 30, 2003.
5. Attorney General - Approved
Notification that Paul J. Augustine of the firm of Blackburn & Jones 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 cases of Trapp v. Bonner County, IC No. 00-038651, SIF No. 200018476; Grove v. Sch. Dist. 101, IC No. 01-501913, SIF No. 200104547; and Taranda v. Rick C. Hay, IC No. 02-522203; SIF No. 200216983.
6. Department of Administration - Approved
a. Request for recognition of assignment as executed by Assignor Olson & Associates Architects, P.A., of Nampa, Idaho, and Assignee Insight Architects, P.A., of Boise, Idaho, for a transfer of interest in four (4) DPW Projects: DPW Project #96-460, Secured Care Unite Addition and Remodel, Idaho State Veterans Home; DPW Project #97-214, New Tennis Facilities, Boise State University; DPW Project #00-501, Remodel, Capital Park Plaza; and DPW Project #01-040, Remodel, Civil Litigation Office Space pursuant to Idaho Code § 67-1027.
b. Request for recognition of assignment as executed by Assignor Sundance Investments Limited Partnership of Boise, Idaho, and Assignee IRET Properties, of Minot, North Dakota, for a real property lease regarding the State of Idaho, by and through the Idaho Department of Health and Welfare as ‘Lessee’ and Lessee’s occupancy of 1700 Westgate Drive (aka 7790 Fairview Avenue), Boise, Idaho, pursuant to Idaho Code § 67-1027.
· REGULAR AGENDA
7. Office of the State Treasurer - Approved
Request for authorization to issue the fiscal year 2003 Tax Anticipation Notes.
Audience with the Board: State Treasurer Ron Crane introduced Michael Moore, Bond Counsel on tax anticipation note issues. Mr. Crane briefed the board on last year’s rapid trading in response to Idaho’s offered notes, which affirmed Idaho’s top rating on short-term notes and investor confidence in how Idaho manages its fiscal affairs. He reported Idaho’s top short-term ratings equate to AAA long-term ratings, if Idaho had long-term debts, and Idaho is among the top seven states in the nation for sound fiscal management.
Resolution: Mr. Wasden moved to adopt the resolution presented for fiscal year 2003 tax anticipation notes. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote. Mr. Moore presented the resolution for signatures.
8. Attorney General – Denied claim and referred to Idaho Legislature
Notification pursuant of Article IV, § 18 of the Idaho Constitution of an Order Authorizing Payment, issued by the Honorable Deborah A. Bail on February 6, 2002, regarding payment of compensation of Special Remedial Master Charles Hummel.
Audience with the Board: Mr. Dave High, Attorney General’s Office, summarized Judge Bail’s order to pay a Special Remedial Master for services regarding the educational lawsuit. He noted a petition before the Idaho Supreme Court contesting this claim for work done to date, briefed the board on constitutional procedures relevant to this claim, and stated the subcommittee’s recommendation to deny the claim for lack of appropriation and submit the claim without recommendation to the legislature.
Discussion: Mr. Ysursa received affirmation that the claim was before the Supreme Court as a writ of prohibition appealing the decision to award the claim. If the Board of Examiners denies the claim, then a second appeal regarding the court’s original authority under the constitution art. V § 10 may be filed.
Resolution: Mr. Wasden moved to deny the contested claim for lack of an appropriation, submit the claim without recommendation to the legislature, and further defer to the Idaho Supreme Court with respect to making a recommendation to the Idaho Legislature. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.
· INFORMATIONAL AGENDA
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of February 2003.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in January 2003
Workers Compensation Claim Costs
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of February 2003.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in January 2003:
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 9:10 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 MeetingsThe 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 email@example.com or call the Idaho State Controller’s Office at 334-3100.