STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
Borah Post Office Building
204 N. 8th Street, 2nd Floor Courtroom
September 12, 2006 – 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 9:07 a.m. pursuant to Idaho Code §67-2002 and by the order of the chair.
The following board members were present: Governor Jim Risch, chairman of the board; Secretary of State Ben Ysursa; Attorney General Lawrence Wasden. State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.
Governor Risch introduced the items on the consent agenda. 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.
1. Minutes -- Approved
Approval of official minutes for the Subcommittee to the Board
of Examiners on August 8, 2006.
2. Department of Administration -- Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Eagle
Country Plaza, LLC to Eagle Marketplace, LLC.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from
North College Partners to SM, LLC.
3. Ada County -- Approved
Request for approval pursuant to Idaho Code §18-2507, for the payment of costs
incurred in the prosecution and/or trial of Idaho State Correctional Institution
inmates in the amount of $10,915.05.
4. Department of Health and Welfare -- Approved
Request to transfer $1,497,300 from the Cooperative Welfare Fund #0220 to the General Fund
for the close-out of the 2006 Fiscal Year and the associated federal fund reporting.
5. Bureau of Homeland Security, Division of Military, Executive Office of
Governor -- Approved
ID# Description Amount Comments Date to Board
Incident at 1323 E. Chicago in Caldwell involving a suspected mobile drug lab.
Incident at 2 E. Colorado Street in Homedale, involving a suspected drug lab.
Incident at 1934 Algoma Spur Road in Sagle, ID, involving a suspected drug lab.
Incident at 4100 Transport in Boise, Idaho involving a ruptured fuel tank on an 18-
wheeler. The driver hit something on the road that ruptured his saddle bag.
Incident at the State Penitentiary at 13400 Pleasant Valley Road in Boise, Idaho involving
a suspected bio-hazard. An inmate sent letters that contained a white powder that they
suspected could be anthrax. The powder turned out to be laundry detergent.
Incident at 114 Queen Street in Wallace, Idaho involving a suspected drug lab.
Incident at 15422 N. Mill Street in Rathdrum, Idaho involving a suspected drug lab.
Incident in Boise, Idaho at Red Lion at 1800 Fairview Avenue involving a yellow/white
powder that someone maliciously sprayed into and onto vehicles at the hotel.
6. Central District Health Department -- Item deferred until a later
date after further changes from the department are made.
Request for an exception to allow a one-time comp time payoff for an FLSA
exempt employee. Mr. Robert Howarth, Program Manager 3, has a vacation
balance of 299.0 hours and a comp time balance of 180.5 hours effective
August 25, 2006. He is paid at the rate of $36.58 per hour.
7. Commerce and Labor -- Approved
Request for approval to use Penalty and Interest monies pursuant to Idaho
Code §72-1348 for $135,000 for the purchase of land (including estimated
closing costs) for a new local office facility in Canyon County. Permanent
Building Funds will be used for the construction of the building.
8. Department of Agriculture -- Approved through the end of
December with the expectation of monthly reports to the board.
Request for approval to pay cash compensation for overtime work for Mr. L.
Rex Young, Fresh Fruit and Vegetable Service District Manager, pursuant to
Idaho Code §67-5328(c) through March 31, 2007. Mr. Young has a Fair Labor
Standards Act designation of professional. The situation will be re-evaluated
in March of 2007 and request additional time if needed.
9. Attorney General
a. Notification that J. Kevin West, with the firm of Hall, Farley, Oberrecht
& Blanton, PA, has been appointed pursuant to Idaho Code §67-1409 as a
Special Deputy Attorney General for the purpose of conducting certain
legal research for the State of Idaho, Department of Administration, Office
of Group Insurance, related to the State's Flexible Spending Account
b. Notification that Wesley J. Somerton, Deputy City Attorney, with the Office
of the City Attorney, City of Coeur d' Alene, has been appointed pursuant to
Idaho Code §67-1409 as Special Deputy Attorney General for the purpose
of representing the State of Idaho in the case of Mark Beavers Bell Real
c. Notification that James K. Dickinson and Gene A. Petty, Deputy Prosecutors
with the Ada County Prosecutor's Office, have been appointed pursuant to
Idaho Code §67-1409 as Special Deputy Attorneys General for the purpose
of representing the State of Idaho in the case of Jerry Deane Love and Jennifer
Bell Real Property Forfeiture.
d. Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke
& Miller has been appointed pursuant to Idaho Code §67-1409 as Special Deputy
Attorney General for the purpose of representing the State of Idaho in the case
of Stricklin v Idaho Transportation Dep't, et al.
e. Notification that Lawrence E. Kirkendall, Attorney at Law, has been appointed
pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the
purpose of representing the State of Idaho in the case of Mills v. Indust.
f. Notification that Jed W. Manwaring of the firm of Evans Keane, LLP, has been
appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General
for the purpose of reviewing proposed legislation and proposed rules prepared
by the Idaho Department of Agriculture related to the Bonded Warehouse Law,
title 69, chapter 2, Idaho Code; the Commodity Dealer Law, title 69, chapter 5,
Idaho Code; the Seed Indemnity Fund Law, title 22, chapter 51, Idaho Code; and
the 1935 Dealers in Farm Produce Law, title 22, chapter 13, Idaho Code. The review
will be conducted to provide comments to AGRI from a litigation perspective.
10. Secretary of State
The biennial distribution from the Election Campaign Fund
Distribution based on June 30, 2006 figures.
Libertarian $ 2,731.00
United $ 841.00
Constitution $ 4,269.00
11. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts
for the month of July, 2006.
Estimated expenditure for workers
compensation claim costs, dividends and
premium refunds: $25,000,000.00
Funds Expended in May, 2006
Workers Compensation Claim Costs: 11,992,169.00
Policy Refunds: 412,393.57
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid
by sight draft for the month of July, 2006.
Estimated expenditure for Petroleum Clean
Water Trust Fund: $750,000.00
Funds Expended in May, 2006:
Claim Costs: 71,914.83
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/ Jim Risch________
Jim Risch, 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 firstname.lastname@example.org or call the Idaho State Controller’s Office at 334-3100.