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 > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
July 5, 2007– 9:00 a.m.
Joe R. Williams Building, 5th Floor Conference Room A


The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West
State Street, Boise, Idaho, at 9:01 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Wayne Hammon, Governor’s Office, Division of Financial Management;
Chuck Goodenough, Office of the Secretary of State; Brian Benjamin, Office of the Attorney General. Patrick Hodges,
Office of the State Controller, as assisting secretary to the subcommittee was absent.

Also present by invitation were: Lorrie Pond, Bureau of Homeland Security; David Fulkerson, Governor’s Office;
Brent Reinke, Department of Correction; Paul Panther, Department of Correction; Brandon Woolf,
Office of the State Controller; Brad Hoaglun, Office of the State Controller; and Deborah Wonch,
Office of the State Controller.


CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners
on June 7, 2007.

Resolution: Mr. Hammon moved to approve item 1. Mr. Goodenough seconded the motion.
The motion carried on a unanimous voice vote.

    REGULAR AGENDA

    2. Department of Administration
    Request for recognition of assignment pursuant to Idaho Code §67-1027 from Ted Coey to the
    Robinson 2000 Trust, as to a 50% interest, and Genan Family Limited Partnership, as to a 50% interest
    as tenants in common.

    Resolution: Mr. Goodenough moved to approve item 2. Mr. Hammon seconded the motion.
    The motion carried on a unanimous voice vote.

    3. Secretary of State
    Request for consideration of the Idaho Code distribution list pursuant to Idaho Code §73-212.

    Resolution: Mr. Benjamin moved to approve item 3. Mr. Goodenough seconded the motion.
    The motion carried on a unanimous voice vote.

    4. Health and Welfare
    Request to transfer $136,985,500.00 from the General Fund to the Cooperative Welfare
    Fund #0220 during the first quarter of Fiscal Year 2008.

    Resolution: Mr. Goodenough moved to approve item 4. Mr. Hammon seconded the motion.
    The motion carried on a unanimous voice vote.


    5. Bureau of Homeland Security, Division of Military, Executive Office of
    Governor

    ID #
    Description
    Amount
    Comments
    Date to Board
    2007-00044
    Drug Lab
    $3,030.82
    Incident at 3572 Sanders Road in St. Maries involving a suspected meth lab.
    7/2/07
    2007-00046
    Drug Lab
    $1,971.75
    Incident at 1540 Old Priest River Road in Old Town involving a suspected meth lab.
    7/2/07
    2007-00047
    Drug Lab
    $551.52
    Incident at St. Lukes in Meridian where a man walked in claiming that a meth lab had exploded on him.
    7/2/07
    2007-00049
    BioHazard
    $2,585.89
    Incident at the Kamiah Police Department where a box of vials labeled Malaria, Diptheria and other bio hazardous materials were dropped off. Responsible party unknown at this time.
    7/2/07
    TOTALS
    $8,139.98

    Discussion:
    Ms. Pond stated that the third drug lab listed was a possible drug explosion. The transient man who
    walked into St. Luke’s said he was in Barber Park when a meth lab exploded on him. Ms. Pond also
    explained that the BioHazard claim was found to be a homeopathic kit for immunizations.

    Mr. Goodenough asked what was done to the transient man.

    Ms. Pond said they pulled him out of the hospital and the fire department had to decon him.

    Resolution: Mr. Hammon moved to approve item 5. Mr. Goodenough seconded the motion.
    The motion carried on a unanimous voice vote.


    6. Department of Correction
    Request for a declaration of emergency to relocate Idaho inmates currently housed in a contract
    facility located in Texas to another facility in Texas and to move additional Idaho inmates from Idaho to
    the latter contract facility. The request is made pursuant to Section 6 of the Department of Correction’s
    Fiscal Year 2008 appropriation bill, House Bill 293.

    Discussion:
    Mr. Reinke explained that the state currently has inmates in two Texas facilities- 125 inmates in Dickens County, and just over 300 in Littlefield. This month 69 inmates will be moved from Dickens to Littlefield. The Department has found conditions of confinement in Dickens County that are not acceptable. It would be preferable to have our out of state inmates receive the same level of care that in-state inmates receive. Dickens is Texas’ oldest county-owned jail, and it is in need of repair. In the Department’s discussions with Geo Corporation, they have not only agreed to work with the State at the existing $51.00 to move the 69 inmates from Dickens to Littlefield, they also have a Geo-owned facility in Val Verde, and would like to move the remaining 56 Dickens inmates to Val Verde by September. What Geo is putting on the table is an additional 40 beds by the end of the calendar year. The Department needs to break the correct contract between Dickens County and Geo, and reestablish a new contract with Geo in a different location within the same state. It’s interesting to look at Geo and the Corrections Corporation of America, and to see the different contracts across Texas. It is become a seller’s market because of the need of the state of California. The Department needs to hang on to the beds the State has right now, until we can increase the capacity of the beds in Idaho. There is a big price jump from what is paid in Texas at $51/day versus California’s $63-$85/day.

    Mr. Hammon asked if Mr. Reinke has been to the Val Verde site in Del Rio.

    Mr. Reinke answered that they had not been to Del Rio. They will have a team visit there once the Board of
    Examiners gives proper clearance. The Val Verde facility in Del Rio is brand new and is owned and operated
    by the Geo Corporation. Mr. Reinke explained that Idaho is running at 100% capacity right now, which is
    not favorable. There are three main concerns in the jails: heat, medical needs, and food services.

    Mr. Benjamin asked Mr. Panther if this request would affect the overcrowding lawsuit that is pending with the state.

    Mr. Panther said that they received a negative reception from the court, and did not think it was appropriate
    to proceed just yet. It’s been put on hold pending further investigation.

    Mr. Hammon asked if breaking contract with one facility and entering into a new contract with another is
    putting the state at risk.

    Mr. Panther answered that no, there is a provision in the state purchasing law that allows any agency to
    purchase on an open market if an emergency exists. The Department is also asking the Board of
    Examiners and the purchasing department for a declaration of an emergency.

    Mr. Reinke said they will be establishing a workgroup to design, build and operate a 2,200 bed facility in
    Idaho. The department is 800 inmates overcrowded in the state right now. The next new wave is going to
    be called a “virtual prison”. It is modeled after Washington State’s system of monitoring inmates and
    having solid oversight at the jails themselves. Idaho does not have good monitoring of inmates and that
    is why the State is in this predicament.

    Mr. Benjamin noted that there are significant differences in this year’s request as opposed to last year’s.
    The Department has gone through the correct processes and has come up with more accurate research.

    Resolution: Mr. Goodenough moved to approve item 6 for the regular agenda. Mr. Hammon
    seconded the motion. The motion carried on a unanimous voice vote.


    INFORMATIONAL AGENDA

    7. Attorney General

    a. Notification that Merlyn W. Clark of the firm of Hawley, Troxell, Ennis and Hawley, 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 Kress, et al. v. opple-Trout, et al., United States District Court for the District of Idaho.

    b. Notification that Joanne M. Kibodeaux, of the firm of Kibodeaux Law Office, Boise, Idaho, 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 Health & Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

    c. Notification that Chad W. Gulstrom, of the firm of Gulstrom & Henson, PC, Nampa, Idaho, 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 Health and Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

    d. Notification that George F. Galland, Jr., of the firm of Miner, Barnhill & Galland, P.C., in Chicago, Illinois, 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 cases filed against members of the pharmaceutical industry related to the industry’s use of “average wholesale price” drug price methodology.

    e. Notification that Karen Cordy of the Bankruptcy Counsel for the National Association of Attorneys General, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the interests of the State of Idaho in the cases of In re Liberty Brands, LLC, United States Bankruptcy Court for the District of Delaware.

    f. Notification that Patricia Molteni, of the Tobacco Project Counsel for the National Association of Attorneys General, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the interests of the State of Idaho in the cases of In re Liberty Brands, LLC, United States Bankruptcy Court for the District of Delaware.


    8. State Insurance Fund

      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for
      the month of May, 2007.

          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $18,000,000.00
        Funds Expended in May, 2007
        Workers Compensation Claim Costs
      10,978,313.53
        Dividend
      00
        Commissions
      00
        Policy Refunds
      555,021.18
        Total
      $11,533,334.71
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft
      for the month of May, 2007.

          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in May, 2007:
        Payroll
      68,187.05
        Operations
      49,709.06
        Claim Costs
      274,488.84
        Total
      $392,381.95


        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 08/16/2007 04:22:33 PM