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
700 W. State Street, Boise, Idaho
1st Floor, East Conference Room
September 14th, 2004


The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 8:55 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; Secretary of State Ben Ysursa; and Attorney General Lawrence Wasden attending via telephone.

Also present by invitation were Tim Mason, Department of Administration; Joanna L. Guilfoy, Deputy Attorney General.

Stephen Kenyon, acting-secretary to the board, recorded the proceedings of the meeting.




· CONSENT AGENDA
Mr. Johnson 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 July 8, 2004. August meeting was cancelled.

2. Military Division – Approved
a. Request for approval for payment of workers’ compensation claims for members of the Idaho National Guard resulting while the soldier was on duty in the amount of $5,220.81 pursuant to Idaho Code §72-928.
b. Request for approval for state agencies to pay employees not currently covered by the Fair Labor Standards Act for overtime hours as they are incurred while assisting the State of Florida during the recovery from the current hurricane season.
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 July pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      2004-1472
    Drug Lab
    1934.80
    Drug lab in a residence
    7-14-04
      2004-1999
    Drug Lab
    923.13
    Drug lab in a residence
    8/3/04
      2004-1837
    Drug Lab
    1242.88
    Drug lab in a residence
    8/3/04
      2004-2030
    Drug Lab
    971.68
    Drug lab in a residence
    8/6/04
      2004-2284
    Drug Lab
    992.76
    Drug lab in a residence
    8/16/04
      2004-2080
    Drug Lab
    1033.01
    Drug lab in a residence
    8/16/04/
      2004-1770
    Fuel Spill
    150.12
    Diesel valve bad in basement of bldg.
    8/16/04
      2004-1579
    Oil spill
    1697.86
    Oil discarded improperly onto the ground
    8/18/04
      2004-1864
    Hazmat
    24392.01
    72, 55 gal drums of sodium metal in storage area
    8-26-04
      2004-2534
    Drug Lab
    1722.92
    Mobile drug lab
    8-26-04
      2004-1871
    Fuel Spill
    8468.90
    Semi trailer buckled spilling contents on highway
    9-7-04
    Total
    $43,530.07
4. Ada County – Approved
c. Pursuant to Idaho Code §18-2507 the Ada County Clerk of the Distric Court for the State of Idaho requests payment for costs incurred in the prosecution and/or trial of Idaho State Correctional Institution inmates in the amount of $7,588.26.
d. Pursuant to Idaho Code §31-2219 and 31-3203 the Ada County Sheriff requests payment for costs incurred while transporting prisoners of the Idaho State Correctional Institution for court appearances during fiscal year 2004 in the amount of $3,724.56.
5. Idaho State Police - REMOVED
    Request for approval to raise the vacation limit through December 31 for Sergeant Ross Kirtley, Supervisor of the Executive Protection/Capitol Security detail.

6. Department of Lands – Approved
    Request for approval of reimbursement rates for use of department employees personal animals as follows:

    Horses $32 per day, $16 per half day

    Stand-By Time $19 per day, $9.50 per half day

    Horse Trailers $26 per day plus mileage for pickup


7. Department of Health & Welfare – Approved
    Request for approval to transfer the 1% Temporary Increase from General Fund in the amount of $871,500 to the Cooperative Welfare Fund #0220.


· REGULAR AGENDA
8. Department of Administration – Approved
    Request for advance approval of an assignment of a lease to be entered into with Siemens Building Technologies, Inc. related to the installation of certain energy cost saving measures in the Capitol Mall and Idaho Falls and Lewiston state office buildings pursuant to IC §67-1027.

Audience with the Board: Tim Mason introduced item 8 and stated the reasons for entering into a performance contract with Siemens Building Technologies, Inc. Ms. Guilfoy explained the unique financing involved in this contract and the legal justification for bringing it before the board.

Discussion: Governor Kempthorne inquired as to the amount of energy savings to the state. Mr. Mason stated that the state would save $250,000, an amount guaranteed by Siemens. He also stated that this contract would provide equipment that the state would not otherwise be able to acquire. Governor Kempthorne stated that this project would also provide beneficial training for use in other areas around the state. Mr. Mason responded that it would.

Resolution: Mr. Ysursa moved to approve item 8. Mr. Wasden seconded the motion. The motion carried with a unanimous voice vote.

Further Discussion: Governor Kempthorne expressed gratitude for the effort of Mr. Mason in providing families of fallen soldiers with flags that have flown over the capitol.

· INFORMATIONAL AGENDA
9. Attorney General

    Notification that Kendal A. McDevitt with the Ada 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 case of State v. Osborn, S. Ct. No. 30092; Ada County Case No. H0200794.

    Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke & Miller 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 Mica Bay Property Owners Ass’n, et al. v. Idaho Transp. Dep’t, et al., Case No. CV-04-3064.

    Notification that Mary V. York of the firm of Holland & Hart 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 Nelson/McAlvain Jt. Venture v. State of Idaho, et al., Case No. CV-02-06883D.

    Notification that Mary V. York of the firm of Holland & Hart 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 Environmental Protection Agency/Idaho Transportation Department, ITD Project No. DHP-NH-CM-5110(119) (Mica Bay).

    Notification that Robert L. Shaver 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 representing the State of Idaho in case of Idaho Preferred Trademark.

    Notification that Sheryl L. Musgrove with the Ada 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 case of State v. Howard, S. Ct. No. 30883.

    Notification that Anne-Marie Kelso with the Payette 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 Real Property Forfeitures.

    Notification that Shamoil Shipchandler of the firm of Covington & Burling in Washington, DC 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 Matter of Decertification of the Idaho State School and Hospital.

    Notification that Thomas S. Williamson, Jr. of the firm of Covington & Burling in Washington, DC 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 Matter of Decertification of the Idaho State School and Hospital.

    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 in case of Siegert v. State of Idaho, Dep’t of Transp., Case No. CV_OC_0405469D.

    Notification pursuant to Idaho Code §59-512 that Deputy Attorney General Ralph Blount will be teaching a course in Criminal Procedure at Boise State University.


10. State Controller’s Office
    Notification of closure of rotary fund 0873 for the Department of Agriculture effective July 15, 2004.

    Notification of closure of rotary fund 0874 for the Idaho State Treasurer’s Office effective June 30, 2004.

    Notification of closure of rotary fund 0850 for the Governor’s Office effective June 30, 2004.

    Notification of closure of rotary fund 0814 for Public Health District II effective June 25, 2004.

    Notification of closure of rotary fund 0869 for the Department of Transportation effective June 30, 2004.

    Notification of closure of rotary fund 0816 for Public Health District IV effective August 5, 2004.


11. State Treasurer’s Office
    Notification of status and changes in Rotary Funds. Due to fraudulent activity, Wells Fargo will only accept responsibility for accounts using positive pay. Each rotary account will have its own bank account ($300-400 per year), each agency will be responsible for any loss that may occur

12. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in June:
      Workers Compensation Claim Costs
    $ 8,746,819.13
      Dividend
    3,673.98
      Commissions
    2,342,086.44
      Policy Refunds
    195,307.43
      Total
    $ 11,287,886.98
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of July.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in June:
         
      Payroll
    $ 60,459.88
      Operations
    16,038.55
      Claim Costs
    119,502.00
      Total
    $ 196,000.43
    c. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in July:
      Workers Compensation Claim Costs
    $ 8,914,052.01
      Dividend
    0
      Commissions
    46,675.42
      Policy Refunds
    204,926.40
      Total
    $ 9,165,653.83
    d. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of August.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in July:
         
      Payroll
    $ 88,367.02
      Operations
    19,965.26
      Claim Costs
    155,060.58
      Total
    $ 263,392.86





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.
    Page last updated on 07/12/2006 01:35:38 PM