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
Borah Post Office Building
204 N. 8th Street, 2nd Floor Courtroom
November 15, 2005


The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:00 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 per conference call, Attorney General Lawrence Wasden

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. 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 October 11, 2005.


2. Department of Administration – Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Greg James to Granite Chief LLC.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Home Federal Savings and Loan to Stephen Peisner
c. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Harry M. Dudunake and Evangeline Dudunake Trust to Downtown Dudunake Group LLC.

3. Military Division – Approved
a. 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 $5,308.80.
b. Request for approval to pay comp-time cash compensation for all state professionals who are assigned by the Military Division to support federal and state disasters.

4. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Approved

    Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.

    ID #
    Description
    Amount
    Comments
    Date to Board
      2005-2481
    Diesel Spill / HazMat
    8,029.13
    Incident in Canyon County involving a number of farm workers exposed to chemicals from a field that had been sprayed the night before. These folks were treated at West Valley hospital. Incident date: 7/6/05
    10/31/05
      2005-2594
    Drug lab
    420.72
    Incident in Coeur d’Alene, ID, involving a suspected drug lab discovered in the public safety impound lot. Incident date: 7/13/05
    10/31/05
      2005-2639
    HazMat
    860.98
    Fire at an asphalt storage unit in Nampa, involving stored styrene products. Incident date: 7/16/05
    10/31/05
      2005-2735
    Diesel Spill / HazMat
    1,293.91
    Incident in Dover involving A mixture of hydraulic fluid, diesel & antifreeze that spilled due to fire of an excavator Incident date: 7/21/05
    10/31/05
    TOTALS
    $10,604.74
REGULAR AGENDA

Mr. Johnson introduced item 9 on the regular agenda.


5. State Travel Policies and Procedures – Deferred

    Request to amend the state travel policy to reflect the change to the per diem federal meals and incidental expense rate. The new federal rate is $39.00 up from $31.00 in 2001.

9. Department of Health & Welfare – Approved


    Request to increase November’s transfer amount from the General Fund to the Cooperative Welfare Fund by $42 million.

Audience with the Board: Brad Foltman said due to the successful revenue situation of the tax anticipation notes, the revenues are running higher than anticipated, and the Department of Health and Welfare has been asked to accelerate their normal transfer to meet those expenditures. Mr. Foltman said this acceleration keeps the proper relationships between revenues and expenditures. Mr. Foltman said this is not an unusual situation, but was brought before the Board of Examiner due to its magnitude.

Resolution: Mr. Ysursa moved to approve item 9. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

INFORMATIONAL AGENDA

6. 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 case of Eckley v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1719; I.C. No. 03-523861.
b. Notification that Mary A. Brauer of the firm of Reinhart, Boerner, Van Deuren, P.C. in Colorado 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 State Board of Education regarding its Optional Retirement Program.
c. Notification that Marty M. Raap, Deputy Prosecuting attorney with the Kootenai 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 presenting oral argument before the Idaho Supreme Court in the case of State v. Ambro, Supreme Court Docket No. 31181
d. 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 Idaho Transportation Department in case of State of Idaho, et al. v. Rahe, et al., Case No. CV-04-4348.
e. 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 the State of Idaho, Department of Agriculture in Allison Mills, Inc., Bankruptcy Case No. 03-40767 and other related legal matters concerning Allison mills, Inc.
f. Notification that Jed W. Manwaring of the firm of Evans Keane 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, Department of Agriculture in all legal matters relating to the Commodity Indemnity Account Program, resulting from the failure of Jefferson Grain & Seed, Inc., including any bankruptcy proceeding filed by Jefferson Grain & Seed, Inc..
g. 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 the State of Idaho, Department of Agriculture in all legal matters related to Quality Produce’s insolvency, potential bankruptcy, and preferential payments, if any, and the Complaint for Interpleader, Fourth Judicial District Case No. CV-OC-505-7095 relating to the Quality Produce Bond.
h. Notification that Mark A. Weisbart of the firm of Kessler Collins in Dallas, Texas, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Public Employees Retirement System of Idaho in in re: Probex Fluids Recovery, Inc., Debtor, Case No. 03-36143-HDH-7, U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division.
i. Notification that C. Clayton Gill 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, Department of Agriculture in all legal matters relating to the suspension and revocation of Farmer’s Merchant, L.L.C.’s Commodity Dealer License, including any failure of Farmer’s Merchant, L.L.C.
j. Notification that Peter J. Johnson of the firm of 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 PurCo Fleet Serv., Inc. v. Randall, et al., Case No. 05204816-1, Superior Court, Sate of Washington, County of Spokane; State File No. 2001-0676-001.

7. State Controller’s Office

    Notification of closure of rotary fund 0846 for the Idaho Board of Nursing effective September 30, 2005.


8. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October 2005.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $20,000,000.00
      Funds Expended in September 2005
      Workers Compensation Claim Costs
    10,811,369.25
      Dividend
    1,026.00
      Commissions
    3,053,378.68
      Policy Refunds
    296,617.14
      Total
    14,162,391.07




    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of October 2005.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in September 2005:
         
      Payroll
    64,157.96
      Operations
    15,644.95
      Claim Costs
    260,995.81
      Total
    340,798.72

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 9:05 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 01:23:19 PM