C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
700 W. State Street, Boise, Idaho
1st Floor, East Conference Room
December 8, 2003

The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 8:58 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.

Also present by invitation were

State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.

Mr. Johnson 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 meeting of the Board of Examiners on November 12, 2003.

2. 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 November pursuant to Idaho Code §39-7110.
    ID #
    Date to Board
      a. 2003-3119
    Auto accident causing vehicle to go into river
      b. 2003-3127
    Boat sank while tied to dock
3. Idaho Department of Health & Welfare—Approved
    Annual request for approval to authorize State Hospital South to pay their physicians for comp time accrued while providing on-call coverage evenings and weekends. This request covers the following physicians:
    PCNClass Title
      a. John McCormack Jr.
    2002Clin Dir-Inst
        b. Ralph Heckard
    2004Medical Dir
        c. Mary Ostrom
    0323Psych Spec
        d. Kelly Palmer
    1129Psych Spec
        e. Frederick Marsh
    1644Psych Spec
        f. Deric Ravsten
    1724Psych Spec
      g. Collett Germain
    1729Psych Spec
4. State Travel & Moving Policies: Revise Mileage Rates—Approved
    Request to amend the State Travel Policy regarding the standard mileage rate and to amend the State Moving Policy regarding the deductible mileage rate for moving reimbursements aligning the rates with the 2004 rates of the Internal Revenue Service. Notification that the Internal Revenue Service announced effective January 1, 2004 that the standard mileage rate for the use of a privately-owned vehicle for business purposes will be 37.5 cents a mile, up from 36 cents a mile in 2003. Additionally, IRS has increased the deductible mileage rate for moving reimbursements paid to an employee from 13 cents to 14 cents in 2004.

5. Idaho Department of Health & Welfare—Approved
    Ratification of approval to transfer general funds on December 1, 2003 to the Cooperative Welfare Fund, Department of Health and Welfare, and to delegate to the State Controller’s Office and DFM the authority to authorize these types of transfers with notification to the Board of Examiners.

6. Department of Administration—Approved
    Request for recognition of assignment as executed by Assignor US Modular Group Inc. of Boise, Idaho, and Assignee Tatonka Capital Corporation of Denver, Colorado, for a real property lease regarding the State of Idaho, by and through the Department of Correction as ‘Lessee’ and Lessee’s occupancy of one (1) refurbished Modular Medical Building located at 13400 South Pleasant Valley Road, Kuna, Idaho, pursuant to Idaho Code §67-1027.

7. Whitepine School District No. 288—Approved
    Request to approve a claim for $377,555 to fulfill the statutory grant formula pursuant to the School Safety and Health Revolving Loan Fund. By formula, Whitepine Joint School District #288 should have received $784,000 in subsidies. However, its application was the last one received, and by the time it was processed, the balance of the fund failed to remit the full amount. The School District respectfully requests board approval and recommendation to the Legislature to pay the balance of their allocation with this claim.

Discussion: Mr. Kempthorne questioned if the lawsuit from Whitepine had been withdrawn? Mr. Wasden said that it had been withdrawn and dismissed without prejudice about three weeks ago.

Then Mr. Kempthorne remarked that the legislature had appropriated $10M for Idaho schools and Whitepine was the last to apply. There was no intent to limit Whitepine, but by that time, the appropriated dollars had been expended. This morning the governor received a letter of certification to the federal government allowing Idaho to receive the final installment of federal funds, which would be made available to all states. The delay in proceeding with the Whitepine claim has been a matter of arbitrage. The state certifies a specific recommended, anticipated cash flow [to the federal government]. DFM and SCO watch this flow closely because if exceeded, revenue from tax anticipation notes may be jeopardized. Now the recommended zone of cash flow has been attained and the Governor and Secretary of State are able to sign this certificate. This resulting installment of $25M will go into the general fund for central services, but the Governor is going to earmark the amount necessary for Whitepine School District.

Neither the Governor nor the State Board of Examiners may appropriate funds. However, since the funds are now available and identified, he believes a recommendation to the legislature fulfilled all that the Board could do for the school district. He concurred that the Board should recommend that the legislature appropriate funds for Whitepine’s claim, and then it would be up to the Legislature.

Resolution: Mr. Wasden moved to approve recommendation of payment for the Whitepine School District claim to the Legislature subject to Legislative appropriation in 2004. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.

Mr. Ysursa and Mr. Kempthorne took a moment to sign the certification letter. The Governor pointed out the Idaho was the last state to seek certification from the federal government.

8. Attorney General

    Notification that Carter Phillips and Steven Kinnaird of the firm of Sidley, Austin, Brown & Wood in Washington, D.C., has been appointed pursuant to Idaho Code §67-1409 as a special deputies attorney general for the purpose of preparing and filing a Writ of Certiorari to the United States Supreme Court in the case of the Idaho Potato Commission/M&M Produce Farm & Sales.

9. State Insurance Fund
    a. Notification of the State Insurance Fund estimate of expenses to be paid by sight drafts and prior month’s disbursements for November 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      Funds Expended in October 2003
      Workers Compensation Claim Costs
      Policy Refunds
    b. Notification of the State Insurance Fund estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft and the funds expended in the prior month of November 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
      Funds Expended in October 2003:
      Claim Costs

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 01:40:04 PM