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
Borah Post Office Building
204 N. 8th Street, 2nd Floor Courtroom
March 13, 2007 – 8:55 a.m.

The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho,
at 8:55a.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, and Secretary of State, Ben Ysursa.
Attorney General Lawrence Wasden was present via telephone. State Controller Donna M. Jones, secretary to
the board, recorded the proceedings of the meeting.


CONSENT AGENDA

Ms. Jones 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 meeting of the Subcommittee to the Board of
Examiners on February 13, 2007.

2. Department of Administration--Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from
Tatonka Capital Corporation to Blue Mountain Capital, Inc.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from
3rd & 3rd Investors to the Mirams Family Trust.

3. Bureau of Homeland Security, Division of Military, Executive Office of
Governor--Approved
ID#
Description
Amount
Comments
Date to Board
2006-00283
BioHazard
$1,674.06
Incident at the Idaho State Prison in Boise, involving an unknown white powder in an envelope. Responsible party is unknown at this time.
3/5/06
2006-00284
HazMat
$635.00
Incident at 7880 Mossy Cup Street in Boise involving a fuel spill from a hole in a semi's saddle tank. Approximately 50 gallons of diesel had been released.
3/5/06
2006-00285
HazMat
$4,408.71
Incident at the Boise State University in Boise, involving a possible leak from the boiler system leaking into the sumps and being released into the Boise River.
3/5/06
2006-00287
HazMat
$557.50
Incident at S. Owyhee and Rose Hill Streets in Boise, involving an auto accident resulting in a saddle tank of a tractor trailer. Approximately 20 gallons of diesel fuel had been released.
3/5/06
2006-00294
HazMat
$1,633.91
Incident at 1105 E. Merrill Road in McCammon, involving an unknown substance released onto the roadway.
3/5/06
2006-00303
HazMat
$607.96
Incident on I-84 westbound, milepost 79 in Elmore County, involving a semi truck leaking fuel onto the roadway while in transit.
3/5/06
2006-00307
HazMat
$3,396.36
Incident at Sage and Saddlehorn streets in Parma, involving possible chemical hazards. Barrels of unknown chemicals were located in an unused field.
3/5/06
2006-00309
HazMat
$1,843.34
Incident at 856 Russett Street in Twin Falls, involving a large release of Anhydrous Ammonia.
Approximately 8609 pounds of the Ammonia was released. Businesses to the south were evacuated because of the fumes.
3/5/06
TOTALS
$14,756.84

Discussion: Gov. Otter suggested the Board should receive a quarterly update of how many incidents
have been paid for, and how many are still outstanding.

Resolution: Mr. Ysursa moved that the Board receive a quarterly update of incidents. Mr. Wasden
seconded the motion. The motion carried on a unanimous voice vote.

4. Division of Veterans Services--Approved with the motion to extend
the limit for vacation accrual to four months or forty hours, whichever is less.
Request that the maximum limit for vacation accrual be lifted for six (6) months
for Milton Smith, who is employed at the Idaho Division of Veterans Services.

5. Commerce & Labor--Approved items a. and c. Item b. deferred until next month.
Request approval to use Penalty and Interest monies under Idaho Code §72-1348 for the following:
a. Up to $1,000,000 for the construction of the new local office facility in Canyon County.
b. Up to $30,000 for staff working with the Arts Commission during the illness and after the
death of the Arts Commission director Dan Harpole.
c. Up to $1,250 for the development of a web site for the Abraham Lincoln Bicentennial
Commission.


REGULAR AGENDA

Ms. Jones introduced the items on the regular agenda.

6. State Treasurer--Approved
Request for approval to issue the Fiscal Year 2008 Tax Anticipation Notes.

Discussion: Ms. Liza Carberry asked permission to issue tax anticipation notes for fiscal year 2008.
Ms. Carberry said the estimated revenues for the state will be $2.7 billion. The code authorizes up
to 75% of that amount for issuing tax anticipation notes, but that amount will not be issued.

Mr. Ysursa asked if there was anything out of the ordinary with the estimate this year.

Mr. Mike More responded that everything has been regular procedure.

Resolution: Mr. Ysursa moved to approve item 6. Mr. Wasden seconded the motion. The motion carried
on a unanimous voice vote.


9. Attorney General--Approved
Request approval for the State's payment of costs for the services of Special Remedial Master
Charles Hummel, who was appointed by District Judge Deborah A. Bail in the case of Idaho
Schools for Equal Educational Opportunity v. State, Ada County District Court Case No. 94008
for a total of $14,409.70.

Discussion: Mr. Brad Foltman stated that the claim is a case that has a Special Remedial Master on behalf
of the State. It says the state must pay the total plus interest. The legislators can make an appropriation since
they are currently in session. This is a proper claim.

Ms. Jones commented that the members were given a letter which gives a good approximation of the cost.

Resolution: Mr. Ysursa moved to approve item 9. Mr. Wasden seconded the motion to validate the claim and ask the legislature. The motion carried on an unanimous voice vote.


INFORMATIONAL AGENDA

7. Attorney General.
a. Notification that Peter J. Johnson, with Johnson Law Group in Spokane, Washington,
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 DeLaCruz v. Federal Funded
Agents, et al.

b. Notification that Louis E. Marshall III, Deputy Prosecutor 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 matter of Theodore Patton Mann Real
Property Forfeiture.

c. Notification that Mary V. York and Murray D. Feldman of the firm of Holland & Hart, LLP, have been
appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorneys General for the purpose of
representing the State of Idaho, Idaho Transportation Department in the case of Waterfront Property
Management, LLC, et al. v. State of Idaho, et al.

d. Notification that Mary V. York and Murray D. Feldman of the firm of Holland & Hart, LLP, have been
appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorneys General for the purpose of
representing the State of Idaho, Idaho Transportation Department in the matter of Section 401 Water
Quality Certification of Sand Creek Byway Project, Association of Concerned Sandpoint Businesses
v. Idaho Department of Environmental Quality.

e. 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 Richard L. Heffner.

f. 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 Allen J. Jeppesen.

g. 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 Thomas Reed.

h. 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 Cheryl Williams.

i. Notification that Edwin 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 Idaho
Code §18-8002A, Automatic License Suspension Program. This appointment is effective through
December 31, 2007.

j. Notification that Michael J. Kane, of the firm of Kane & Tobiason, LLP, has been appointed pursuant to
Idaho Code §67-1409 as 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 Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through
December 31, 2007.

k. Notification that Mick Hodges, of Hodges Law Office, PLLC, has been appointed pursuant to Idaho
Code §67-1409 as 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 Idaho
Code §18-8002A, Automatic License Suspension Program. This appointment is effective through
December 31, 2007.

l. Notification that Robert L. Crowley, Jr. of Robert L. Crowley, Jr., Chtd., has been appointed pursuant to
Idaho Code §67-1409 as 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 Idaho Code §18-8002A, Automatic License Suspension Program. This appointment is effective through
December 31, 2007.

m. Notification that Rami Amaro, of Amaro Law Office, has been appointed pursuant to Idaho Code §67-1409
as 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 Idaho Code §18-8002A,
Automatic License Suspension Program. This appointment is effective through December 31, 2007.


8. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the
    month of January, 2007.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $18,000,000.00
      Funds Expended in January, 2006
      Workers Compensation Claim Costs
    8,464,900.71
      Dividend
    00
      Commissions
    00
      Policy Refunds
    671,041.80
      Total
    9,135,942.51
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for
    the month of January, 2006.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in January, 2006:
      Payroll
    66,961.17
      Operations
    218,090.67
      Claim Costs
    106,608.79
      Total
    391,660.63


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 9:15 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 04/17/2007 03:27:02 PM