STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
June 6, 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 9:05 a.m. pursuant to §67-2002, Idaho Code and by order of the chair.
The following board members were present, constituting all the members: Governor Dirk Kempthorne, Chairman of the Board; and Attorney General Lawrence Wasden with Secretary of State Ben Ysursa attending by teleconference.
Also present by invitation were Brad Foltman and Stacy Pearson.
State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.
· CONSENT AGENDA
Mr. Johnson introduced the items on the consent agenda and asked if there were any questions for Ms. Pearson. There being no questions, Mr. Wasden moved to approve the consent agenda as recommended in its entirety; Mr. Ysursa seconded the motion. The motion carried by unanimous voice vote.
· CONSENT AGENDA
1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on May 13, 2003.
2. Boise State University – Approved
Request for authorization to reimburse moving expenses for the following:
|PCN||Department||Salary||Up to Amount|
||1101||Boise State University||$183,000||$20,000|
b. Cheryl Schrader, New Dean
|2483||College of Engineering||$125,000||Original approval 3/6/03 for $5,000; request additional $10,000 for a total of $15,000|
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 April 2003 pursuant to Idaho Code 39-7110.
4. Department of Agriculture - Approved
Request approval for deficiency warrant spending authority for $250,000 for infestation control by the Grasshopper/Mormon Cricket Control Program and $70,000 for detection surveys in the Survey Programs for Pets and Diseases. These requests cover the period from July 1, 2003 to June 30, 2004.
5. State Controller’s Office - Approved
Request for recognition of agreement with Balukoff Lindstrom & Co., P.A. to provide the Legislative Services Branch audit as of and for the year ended June 30, 2003. The audit will begin on approximately October 6, 2003. Services will be billed and payable monthly with the gross fee, including expenses, not to exceed $13,000.
6. Idaho Industrial Commission - Approved
Request for authorization to dispose of four large power files through electronic auction. It is estimated to cost approximately $5,000 per filing machine to disassemble, haul and reassemble. As such, these are not easy items to sell or donate. Therefore, the commission would like to try E-Bay to sell the power files.
7. Department of Administration - Approved
Request for recognition of assignment as executed by Assignor Nosmada Investments, Salt Lake City, Utah and Assignee Bielec Industrial Complex, Inc., Coeur d’Alene, Idaho, 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 823 Park Centre Boulevard, Nampa, Idaho, pursuant to Idaho Code § 67-1027.
8. Attorney General - Approved
a. Notification that Michael J. Kane of the firm of Kane & Tobiason has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Board of Professional Engineers and Professional Land Surveyors in the matter of Rolland Mullinix.
b. Notification that Kirsten A. Ocker, Attorney at Law, has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of a) completing the original work assignment for the development of a comprehensive draft set of basic standardized legal forms for use by all Child Support attorneys; 2) preparing, drafting, revising, and submitting completed drafts of Standardized Paternity/Establishment Legal forms; 3) assisting and advising Deputy Attorney General Cheryl Meade and other support staff in the preparation of other necessary standardized legal forms drafts; and 4) assisting in the development of a procedure for use testing of the forms.
c. Notification that Mitchell W. Brown of the firm of Racine, Olson, Nye, Budge & Bailey 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 case of Campbell v. Idaho Transp. Dep’t. et al., Case No. CV-2W3-2104-OC; State File No. 2001-0938-001.
d. Notification that Frank J. Dykas of the firm of Dykas, Shaver & Nipper has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal counsel and services to the State of Idaho as to intellectual property rights related to Idaho Commemorative Coins authorized by Idaho Code § 67-1223.
e. Notification that Richard H. Greener of the firm of Cosho, Humphrey, Greener & Welsh has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel to the Idaho Potato Commission concerning certain professional services malpractice.
f. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, Chtd. has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing Celina Sturgis, a co-defendant of the State of Idaho and former state employee, in the case of Karr v. Bermeosolo, et al., Case No. CVOC-0108325D; State File No. 2001-1107-001.
g. Notification that Randall A. Peterman of the firm of Moffatt, Thomas, Barrett, Rock & Fields 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 case of Allison Mills, Inc. Bankruptcy Case No. 03-40767.
9. Secretary of State - Approved
Request for authorization pursuant to Idaho Code § 73-212 to distribute the Idaho Code and its supplements as listed in the Idaho Code 2003 Annual Distribution List (as noted below).
IDAHO CODE DISTRIBUTION LIST
AGENCY No of Copies
ADA COUNTY 49
ADAMS COUNTY 7
ADMINISTRATION, DEPT. OF 6
AGING, IDAHO OFFICE ON 1
AGRICULTURE, DEPT. OF 5
ALABAMA SUPREME COURT LIBRARY 1
ARIZONA DEPT OF LIBRARY & ARCHIVES 1
ATTORNEY GENERAL, OFFICE OF 44
BANNOCK COUNTY 33
BAR, IDAHO STATE 1
BEAR LAKE COUNTY 7
BENEWAH COUNTY 10
BINGHAM COUNTY 13
BLAINE COUNTY 12
BLIND, IDAHO COMMISSION OF THE 1
BOISE COUNTY 6
BOISE STATE UNIVERSITY LIBRARY 1
BONNER COUNTY 16
BONNEVILLE COUNTY 20
BOUNDARY COUNTY 8
BUILDING SAFETY, DIVISION OF 6
BUTTE COUNTY 7
CAMAS COUNTY 4
CANYON COUNTY 41
CARIBOU COUNTY 8
CASSIA COUNTY 14
CLARK COUNTY 6
CLEARWATER COUNTY 11
COLLEGE OF SOUTHERN IDAHO 1
COLORADO SUPREME COURT LIBRARY 1
COMMERCE, DEPT OF 1
CONNECTICUT STATE LIBRARY 1
CONTROLLER, OFFICE OF THE 5
CORRECTION, DEPT OF 14
CUSTER COUNTY 6
DAIRY PRODUCTS COMMISSION 1
DEAF AND BLIND, SCHOOL FOR THE 1
DELAWARE STATE LAW LIBRARY 1
DENTISTRY, BOARD OF 1
DISASTER SERVICES 1
DIVISION OF VETERANS SERVICES 1
EDUCATION, STATE BOARD OF 1
EDUCATION, STATE DEPT OF 5
ELMORE COUNTY 15
ENDOWMENT FUND INVESTMENT BOARD 1
ENGINEERS & LAND SURVEYORS, BOARD OF 1
ENVIRONMENTAL QUALITY, DIVISION OF 7
FINANCE, DEPT OF 2
FINANCIAL MANAGEMENT, DIVISION OF 5
FISH & GAME, DEPT OF 8
FLORIDA SUPREME COURT LIBRARY 1
FRANKLIN COUNTY 8
FREMONT COUNTY 4
GEM COUNTY 10
GOODING COUNTY 10
GOVERNOR, OFFICE OF THE 2
HAWAII SUPREME COURT LAW LIBRARY 1
HEALTH & WELFARE, DIV OF MANAGEMENT SERVICES 23
HEALTH DISTRICTS, CENTRAL 1
HEALTH DISTRICTS, CONFERENCE OF ID'S SEVEN PUBLIC 1
HEALTH DISTRICTS, DISTRICT SEVEN 1
HEALTH DISTRICTS, NORTH CENTRAL 1
HEALTH DISTRICTS, PANHANDLE 2
HEALTH DISTRICTS, SOUTHEASTERN 1
HEALTH DISTRICTS, SOUTHWESTERN 1
HUMAN RESOURCES, DEPT OF 2
HUMAN RIGHTS, COMMISSION ON 1
IDAHO COUNTY 9
IDAHO STATE LIBRARY 2
IDAHO STATE POLICE 26
IDAHO STATE UNIVERSITY 3
INDUSTRIAL COMMISSION 5
INSURANCE FUND, STATE 2
INSURANCE, DEPARTMENT OF 3
JEFFERSON COUNTY 7
JEROME COUNTY 14
JUVENILE CORRECTION CENTER 1
JUVENILE CORRECTIONS, DEPT OF 1
KANSAS SUPREME COURT LAW LIBRARY 1
KENTUCKY STATE LAW LIBRARY 1
KOOTENAI COUNTY 40
LABOR, DEPT OF 6
LANDS, DEPT OF 5
LATAH COUNTY 15
LAW ENFORCEMENT TRAINING 1
LAW LIBRARY, IDAHO SUPREME COURT 43
LEGISLATIVE AUDITOR 2
LEGISLATIVE BUDGET OFFICE 3
LEGISLATIVE SERVICES 12
LEGISLATURE, HOUSE OF REPRESENTATIVES 25
LEGISLATURE, SENATE 18
LEMHI COUNTY 8
LEWIS COUNTY 13
LEWIS-CLARK STATE COLLEGE 5
LIEUTENANT GOVERNOR, OFFICE OF 1
LINCOLN COUNTY 8
LIQUOR DISPENSARY 1
LOCAL HIGHWAY TECHNICAL ASSIST. COUNCIL(LHTAC) 1
MADISON COUNTY 9
MAINE LAW & LEG REFERENCE LIBRARY 1
MEDICINE, STATE BOARD OF 1
MILITARY DIVISION 1
MINIDOKA COUNTY 12
MINNESOTA STATE LAW LIBRARY 1
MISSISSIPPI STATE LAW LIBRARY 1
MISSOURI SUPREME COURT LIBRARY 1
MONTANA STATE LAW LIBRARY 1
NEBRASKA STATE LIBRARY 1
NEW HAMPSHIRE STATE LIBRARY 1
NEW MEXICO LAW LIBRARY 1
NEZ PERCE COUNTY 17
NORTH CAROLINA SUPREME COURT 1
NORTH DAKOTA SUPREME COURT LIBRARY 1
NORTH IDAHO COLLEGE LIBRARY 2
NURSING, STATE BOARD OF 1
OCCUPATIONAL LICENSE BUREAU 1
OKLAHOMA DEPT OF LIBRARIES 1
ONEIDA COUNTY 5
OWYHEE COUNTY 8
PARKS & RECREATION, DEPT OF 2
PAYETTE COUNTY 9
PEACE OFFICERS STANDARDS & TRAINING ACADEMY 1
PERFORMANCE EVALUATION, OFFICE OF 2
PHARMACY, IDAHO STATE BOARD OF 1
POWER COUNTY 7
PROFESSIONAL-TECHNICAL EDUCATION 1
PUBLIC UTILITIES COMMISSION 9
PUBLIC WORKS CONTRACTORS LIC BD 1
REAL ESTATE COMMISSION 1
RETIREMENT SYSTEM, PUBLIC EMPLOYEES 2
RHODE ISLAND STATE LAW LIBRARY 1
SECRETARY OF STATE, IDAHO 4
SHOSHONE COUNTY 15
SOUTH CAROLINA LEGISLATIVE COUNCIL 1
SOUTH DAKOTA SUPREME COURT LIBRARY 1
TAX APPEALS, BOARD OF 1
TAX COMMISSION, IDAHO STATE 18
TENNESSEE LAW LIBRARY… 1
TETON COUNTY 6
TRANSPORTATION, DEPT OF 10
TREASURER, OFFICE OF THE STATE 1
TWIN FALLS COUNTY 27
UNIVERSITY OF IDAHO 33
UNIVERSITY OF IDAHO LIBRARY 1
VALLEY COUNTY 10
VERMONT STATE LIBRARY 1
VIRGINIA STATE LAW LIBRARY 1
VOCATIONAL REHABILITATION 1
WASHINGTON COUNTY 10
WASHINGTON STATE LAW LIBRARY 1
WATER RESOURCES, DEPT OF 4
WYOMING STATE LIBRARY 1
Plus a copy to each Idaho legislator 71
10. State Tax Commission –Ratification approved
Ratification of $11,000,000 transfer from the general fund into the state refund account such that tax refunds could be paid timely. This request was routed by buck slip on May 23, 2003 and approved by Secretary of State Ysursa and Attorney General Wasden.
· REGULAR AGENDA
· INFORMATIONAL AGENDA
11. Board of Examiners
Recognition of a budgetary contingency plan in place for FY2003 should board action be required to help balance the state budget.
Audience with the Board: Mr. Foltman briefed the board on revenue and expenditures as of June 3, 2003. He noted changes in Millennium fund transfers and a $2.5 million balance assuming June revenues at least matched May revenues. If revenues materialized, public school and other transfers would not be delayed. He also pointed to a $20 million tally of anticipated reversions by state agencies.
Discussion: Governor Kempthorne remarked that this was tremendous news, especially since the projections did not include the one-percent sales tax effective in May.
12. Conference of Public Health Districts
Notification that the distribution of SB1194 (negative supplemental) was approved at the Conference of District Directors’ meeting on May 14, 2003 and will be distributed between the districts as follows:
||State General Fund Amount|
a. District 1 (includes $3,200 for Aquifer)
|b. District 2|
|c. District 3|
|d. District 4|
|e. District 5|
|f. District 6|
13. State Controller’s Office – Subcommittee recommended collaborative review of current policy for possible amendment
Presentation of a study on moving reimbursements paid to employees at Idaho college and universities. The report provides information necessary to identify general trends and queries in the current state moving policy. It also offers some possible solutions for these issues based on practices in other states and institutions of higher education.
14. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of May 2003.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of May 2003.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in April 2003
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in April 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 9:08 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 email@example.com or call the Idaho State Controller’s Office at 334-3100.