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
Tuesday, May 10, 2005 – 8:55 a.m.
Borah Post Office Building, 2nd Floor Courtroom, 204 N. 8th Street

The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 8:58 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; Attorney General Lawrence Wasden, present per conference call; and Secretary of State Ben Ysursa.

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


CONSENT AGENDA

Keith Johnson introduced the items on the consent agenda as recommended by the Subcommittee to the Board of Examiners. 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 Board of Examiners on April 12, 2005.

2. Department of Administration – Approved

Request for recognition of assignment pursuant to Idaho Code §67-1027 from Charles Goodman to RJJS Enterprises.

3. Department of Agriculture – Approved

Request for approval for deficiency warrant spending authority for Survey, Detection and Eradication Programs for Pests and Diseases.

4. Military Division – Approved

Request for approval 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 $5,396.34.

5. Health & Welfare – Approved

Request for approval to transfer $101,820,900.00 from the General Fund to the Cooperative Welfare Fund #0220.

6. State of Idaho Outfitters & Guides Licensing Board – Approved
Request for approval of new proposed rates for personal equipment reimbursement.

1994 2005_______
ATV/Motorcycle & Trailer $25.00/day** $35.00/day**
Bicycle $15.00/day
Boat (<50 hp) & Trailer $20.00/day** $25.00/day**
Boat (>50 hp) & Trailer $40.00/day** $50.00/day**
Horse & Trailer $25.00/day $37.00/day
Horse Trailer (multiple) $ .45/mile $25.00/day
Kayaks $18.00/day $20.00/day
Misc Trailer (multiple) $25.00/day
Motor Home $50.00/day* $50.00/day*
Pickup Camper $25.00/day $25.00/day
Rafts $25.00/day $32.00/day
Snow-machines & Trailer $35.00/day $45.00/day
Stock Truck (multiple) $ .45/mile $25.00/day
Travel Trailers $50.00/day $50.00/day
Video Recorder $15.00/day* $15.00/day*

*Plus current vehicle mileage allowance
**Plus fuel

7. Idaho State Police – Payment of compensatory time of 142.5 hours to Lt. Jack Catlin and 107 hours to Lt. Steve Davis – Approved

Request for approval to pay accrued compensatory time for Lt. Jack Catlin and Lt. Steve Davis.

9. 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 April pursuant to Idaho Code §39-7110.

ID #
Description
Amount
Comments
Date to Board
    2004-4023
Explosives
5474.32
Abandoned explosives– blasting caps & detonation cord 20 miles north of Bonners Ferry near Copeland on 9/23/04
4/28/05
    2004-5162
HazMat
8309.93
Broken valve on a fuel storage tank spilling diesel into a drainage ditch and eventually made it’s way to the Payette River in Emmett on 12/11/04
4/28/05
    2004-5388
Spill
2104.28
Truck wreck causing a spill of Magnesium Chloride Hexahydrate near Lewiston on 12/28/04
4/28/05
      2004-5382
HazMat
286.74
An attempt to move a 150 lb cylinder resulted in a disconnect of the line causing a Chlorine release in Garden City on 12/27/04
4/28/05
TOTALS
16175.27

REGULAR AGENDA

Mr. Johnson introduced item 8 on the regular agenda.

8. Boise State University – Approved an additional $1700 for gasoline surcharges.

Request for authorization to reimburse moving expenses for Dr. Diane Boothe, PCN 2246, Dean and Professor, College of Education up to $15,000.

Audience with the Board: Stacy Pearson and Sona Andrews addressed the board. They stated that four requests for additional moving reimbursements had been turned down by BSU since the moving policy change, but felt this request should come before the board because Dr. Diane Boothe was found on a second search, is an asset to BSU, and worked with the school to lower her moving expenses while asking for additions that would help the college.

Discussion:.Mr. Kempthorne asked if the new policy has generally worked well for BSU and allowed them to become competitive. Ms. Pearson stated it allowed BSU to be competitive for most positions, but is less competitive when recruiting for executive positions. Mr. Kempthorne asked about surcharges by gasoline companies and Ms. Pearson said surcharges recently increased $1700-2000. Mr. Ysursa asked what statement was made concerning moving expenses when hiring on new employees. Ms. Andrews said potential hires are informed of the policy and told only with approval can up to $15,000 for moving expenses be approved.

Resolution: Mr. Ysursa moved to approve item 8 with allowance of $1700 for gasoline surcharges; Mr. Wasden seconded the motion. The motion carried by unanimous voice vote.

INFORMATIONAL AGENDA

10. 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 case of Fowble v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1697; I.C. No. 03-519608.

b. Notification that Karen Cordry, Bankruptcy Counsel for the National Association of Attorneys General, 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 In re: Ultimate Electronics, Inc. et al., United States Bankruptcy Court for the District of Delaware, Case No. 05-10104(PJW)

c. Notification that R. Michael Southcombe of the firm of Elam & Burke, PA 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 Department of Agriculture/Dealers in Farm Produce Law Legislation & Rule Drafting.

d. Notification that Tevis W. Hull, Deputy Prosecutor with the Boundary 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 Jonnie Mckie, Karen Tweedie, and Robert Tweedie Real Property Forfeiture.

e. Notification that Samuel R. Maizel of the California firm of Pachulski, Stang, Ziehl, Young, Jones & Weintraub, PC, 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 In re: Carolina Tobacco Company, Debtor; Carolina Tobacco Company v. Lawrence Wasden, Attorney General for the State of Idaho et al.; Adversary Proceeding, United States Bankruptcy Court for the District of Oregon; Case No. 05-34156-elp11 (Bankruptcy Case Number); Adversary Proceeding Case No. 05-3104.

f. 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 of Idaho in the case of Qualifacts Systems, Inc. v. State of Idaho, et al., Case No. CV-OC-0502677.

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 case of Cunningham v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1703; I.C. No. 03-516713.

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 case of Myers v. Indust. Special Indem. Fund, ISIF Claim No. 2004-1694; I.C. No. 98-007291.

i. Notification that Timothy J. Schneider, Deputy Prosecutor with the Cassia 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 Kurt Higgins Real Property Forfeiture.

11. State Controller’s Office

Notification of closure of rotary fund 0892 for the Idaho Department of Parks and Recreation effective April 1, 2005.

12. State Insurance Fund

a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of April 2005.

      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
$20,000,000.00
    Funds Expended in March 2005
    Workers Compensation Claim Costs
$10,100,116.17
    Dividend
315.00
    Commissions
2,783,603.54
    Policy Refunds
303,526.35
    Total
$13,187,561.06

b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of April 2005.
      Estimated expenditure for Petroleum Clean Water Trust Fund
$750,000.00
    Funds Expended in March 2005:
     
    Payroll
$61,438.21
    Operations
22,333.72
    Claim Costs
191,525.21
    Total
$275,297.14

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 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.
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