C.L. "Butch"
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SCO > Board of Examiners > Board of Examiners Minutes
MINUTES– Regular Meeting
July 17, 2008 – 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 via telephone; 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 and included an effective date to item 4 of July 1, 2008. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.


1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on June 19, 2008.
    2. Department of Administration - Approved
    a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Professional Office Plaza to Thomas Investments, L.P.

    b. Request for recognition of assignment pursuant to Idaho Code 67-1027 from Bielec Industrial Complex, Inc. DBA Bielec Properties, Inc. to Bielec Properties, Inc.

    3. Bureau of Homeland Security, Division of Military, Executive Office of Governor - Approved
    ID #
    Date to Board
    Suspected drug lab at 5075 Dakota, Boise, ID6/30/2008
    Good Samaritan retrieved a 20 gal drum from Indian Creek, Caldwell, ID
    Semi-truck leaking fuel out of its tanks. Hwy US-95 MP: 507-507

    4. Office of the State Controller - Approved
    Request to amend the state travel policy to reflect the change to the federal mileage rates for the final months of 2008. The new rates are 58.5 cents per mile driven for business purposes, 27 cents per mile driven for medical or moving purposes, and 14 cents per mile driven in service to a charitable organization.

    7. Idaho Transportation Department - Approved
    Request to reimburse newly hired staff engineer, Kevin Brown, $378.00 for hired labor to load and unload the moving truck he rented and drove while relocating to Boise upon accepting a position at District Three.


    5. Office of the Governor - Approved
    Request to amend state travel policy and procedures, paragraph 4.B to allow state agencies to pay for commuter services for state employees.

    Discussion: Ms. Hardesty stated that the State Travel Policy and Procedures currently does not allow for reimbursement of transportation costs for state employees to and from work. Some reasons for the state to reevaluate the policy at this point is because of road congestion, maintenance issues, and also the significant air quality issue in the Treasure Valley. The Treasure Valley is on the cusp of going non-attainment, which is exceeding federal air quality standards. Going non-attainment is an issue for the valley and would require extensive long-term state costs in order to develop a plan and return the area to attainment. The Governor has promoted energy conservation and issued a greenhouse gas executive order where he asked state agencies to develop action plans on what they can do to reduce their greenhouse gas emissions. The proposed changes to the policy would allow agencies to develop a plan and get the plan approved by the Office of the Governor. Transit authorities have offered significant incentives for the state that would create benefits at minimal costs including bus passes.

    Mr. Wasden asked if there was an approximate cost that this section of the state may incur in economic impacts if the area hits non-attainment air quality.

    Ms. Hardesty explained that it would be multi-millions of dollars and a significant economic cost to the Treasure Valley.

    Gov. Otter asked if anyone has warned the employees of any tax consequences of the state paying for their travel to work.

    Ms. Hardesty said that they have looked into that issue and federal law does allow employees to receive a transit benefit for up to $115.00 per month without being taxed.

    Mr. Hensley said they have worked with the Tax Commission to address the situation and will make sure that the approved plans will be beneficial to both the employer and the employee.

    Mr. Wasden noted that what the Board is approving today is not to approve the plan process, but to amend the State Travel Policies and Procedures 4.B. to allow the state agencies to develop those kinds of plans.

    Mr. Hensley also noted that the agencies plans will be funded by existing funds. Agencies will need to find room in their budgets to do this.

    Resolution Mr. Wasden moved to approve item 5. Gov. Otter seconded the motion. The motion carried on a unanimous voice vote.

    6. Office of the Attorney General - Approved
    Requests authorization for settlement payment of $66,000 judgment in the Planned Parenthood v. State of Idaho case.

    Discussion: Steve Olsen explained that the payment is a result of a defense that was made by the Attorney General’s office. The Legislature passed legislation regarding consent requirements for a woman to obtain an abortion. It was challenged in court by Planned Parenthood. The US District court entered and said there were portions of the legislation that were unconstitutional. The case was appealed to the 9th Circuit Court of Appeals. While the appeal was pending, the Legislature acted to address the issues that had been identified. The case was dismissed both by the 9th Circuit and the US District Court. Out of that action, Planned Parenthood made a claim with the US District Court for $102,000 in attorney’s fees and costs. The claim came while the Legislature was in session, and was able to negotiate the claim down to $66,000.

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

    8. Department of Agriculture - Approved
    Request approval for spending from the Livestock disease control deficiency warrant for an emergency declared by the director for the potential outbreak of tuberculosis for the amount up to the limit of $5 million dollars to perform testing, surveillance, and investigations of possible livestock herds throughout Idaho.

    Discussion: Ms. Gould noted that on June 30th Dr. Barton was notified by the state of California that Idaho had 691 bulls that had been exposed to a herd that had been tested positive in the state of California. As part of that, Idaho is an extension of the California TB investigation and eradication. On July 2nd Ms. Gould declared an emergency for this issue. She explained that there is not an approximate cost for the issue of testing the herds for TB.

    Dr. Barton said that approximately 340 of the bulls had gone to two dairies. Five had gone to a livestock market, and 620 had gone to a cattle trader. They have finished the testing of a 3,500 head dairy and are waiting the final results. With the cattle trader there have been at least 26 other premises that he has sent bulls to. The potential is that somewhere between 30,000 and 50,000 head of bulls will need to be tested. The testing will probably last until the first of 2009. The Department is also working cooperatively with the USDA. Unfortunately California has about 500,000 head of cattle that need to be tested, so any spare veterinarians are in California at this time.

    Resolution: Gov. Otter moved to approve item 8. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.


    9. Attorney General
    a. Notification that Michael J. Elia of the firm of Moore, Baskin & Elia, LLP, 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 Warren v. State of Idaho.

    b. Notification that Michael B. Horrocks with the firm of Horrocks & Hagerty, PLLC, Coeur d’Alene, Idaho, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Department of Health and Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

    c. 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 Miller v. Idaho State Patrol, et al.

    10. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of May, 2008.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      Funds Expended in May, 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 May, 2008.
        Estimated expenditure for Petroleum Clean Water Trust Fund
      Funds Expended in May, 2008:
      Claim Costs

    11. Secretary of State

    The Secretary of State’s office in conjunction with the State Controller’s Office, will be distributing the election campaign fund tax check-off money on August 5, 2008

    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 08/19/2008 02:01:39 PM