STATE BOARD OF EXAMINERS
MINUTES – REGULAR MEETING
Borah Post Office Building
204 N. 8th Street, 2nd Floor Courtroom
April 11, 2006
The regular meeting of the State Board of Examiners was called to order at 204 N. 8th 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.
State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.
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.
Approval of official minutes for the meeting of the Board of Examiners on March 14, 2006.
2. Department of Administration – Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from ABC, LLC to Maynard Alves.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from 3rd Chancellor to 3rd and 3rd Investors.
3. Health and Welfare – Approved
Request for recognition of assignment as executed by Assignor Business Psychology Associates, Inc. and Assignee Washington Trust Bank, both of Boise, Idaho, for security rights to payment from Idaho Department of Health and Welfare Contract Number KC 203100 pursuant to Idaho Code §67-1027.
4. Division of Veterans Services – Approved
Request to lift the maximum limit for vacation accrual for six (6) months for the following employee:
Jeremy J. Durham
Senior Cook - PCN 1861
Leave Schedule: BA Regular
Vacation Balance (3/27/06): 223.6 hours
FLSA Indicator: Covered
5. Military Division – Approved
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 $5,523.90.
Mr. Johnson introduced the items on the regular agenda.
10. Attorney General – Approved
Request to pay attorneys’ fees and costs against the State in the case of Planned Parenthood of Idaho v. Wasden and Bower in the amount of $380,525.74.
Discussion: Mr. Wasden said the federal court does not wait for payment of this claim from the legislature’s appropriations from next year’s legislative session, so there needed to be an immediate way to handle the payment. Mr. Wasden said there were three possible methods for payment: first, by appropriation from the legislature, second, from the Constitutional Defense Fund, or third, by a warrant.
Brad Foltman said the subcommittee was told by the co-chair staff of JFAC that it was not likely they would meet before the end of the session. Mr. Foltman recommended getting authorization from the Constitutional Defense Council, which consists of the Governor, Speaker of the House, Pro Tem, and Attorney General, to authorize this payment. Mr. Foltman said the Constitutional Defense Fund currently contains $761,000 and moneys from the fund are continuously appropriated.
Resolution: Mr. Ysursa moved that the Board of Examiners approve item 10 as a valid claim against the state and recommendation the claim go to the Constitutional Defense Council for payment. Mr. Wasden seconded the motion. The motion carried by unanimous voice vote.
Mr. Johnson introduced the items on the informational agenda.
6. State Controller’s Office
a. Notification of closure of rotary fund 0807 for Idaho Public Television effective March 21, 2006.
b. Notification of closure of rotary fund 0847 for PERSI effective March 30, 2006.
7. Attorney General
Notification that Hollis Mercer, 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 Mercile v. Indust. Special Indem. Fund, IC# 05-503854, ISIF# 2006-1769; Romney v. Indust. Special Indem. Fund, IC# 02-019255, ISIF# 2006-1768.
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 Garcia v. Indust. Special Indem. Fund, IC# 02-523960, ISIF# 2005-1761.
Notification that Hollis Mercer, 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 Shatto v. Indust. Special Indem. Fund. IC# 01-503935 & 03-514886, ISIF# 2006-1771; Reese v. Indust. Special Indem. Fund, IC# 00-039979, ISIF# 2006-1774.
8. Public Health Districts
Notification of an adjusted distribution of FY 2006 Millennium funds approved by the Conference of District Directors on March 8, 2006.
||HB 296 Mill. Fund||3/8/2006 adjustment||Adjusted Mill. Fund|
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March 2006.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in February 2006
Workers Compensation Claim Costs
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of March 2006.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in February 2006:
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 firstname.lastname@example.org or call the Idaho State Controller’s Office at 334-3100.