State Department of Administration Director Teresa Luna told the House State Affairs Committee this morning that when the Occupy Boise group notified her office of its intent to begin an indefinite vigil on state property on the grounds of the Capitol Annex, the department searched statutes and its rules “for something we could point to” to deny the use. What they found, she said, was, “The law was silent  on the grounds that surround the Capitol Mall. … There was nothing available to stop this type of activity on property that the department manages.”

Luna urged support for HB 404, the anti-Occupy bill, saying she's already received inquiries from other groups wanting to set up camp on state property. Luna said, “To date, costs related directly to the encampment have cost the Department of Administration nearly $9,000.” She said costs have included an extra security officer and removal of graffiti from the LBJ building.

“The Occupy group did not ask permission to set up camp on the state's property, nor did we grant them permission,” Luna told lawmakers, adding that the group has been issued no permit for its encampment. Under questioning from lawmakers, she said the department received a “courtesy letter only” from the group. “We then met with the group to try to set some boundaries,” she said. “We did meet with them, but we did not give them permission. They knew they didn't have permission. They also knew that we didn't have anything that would stop them from doing so.”