STATE BOARD OF EXAMINERS
MINUTES– Regular Meeting
February 21, 2008 – 8:55 a.m.
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom
The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 9:00 a.m. pursuant to Idaho Code §67-2002 and by the order of the chair.
The following board members were present: Governor C.L. “Butch” Otter; Secretary of State, Ben Ysursa; Attorney General, Lawrence Wasden, and Donna M. Jones, Secretary to the Board of Examiners recorded the proceedings of the meeting.
Ms. Jones introduced the consent agenda items. Mr. Wasden moved to approve the consent agenda. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.
1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on January 17, 2008.
2. Idaho State Police - Approved
The Idaho Peace Officers Standards and Training Academy (POST) requests approval to pay $111,000 owed to
Northwestern University for a ten-week training school conducted in 2003. POST has neither the authority nor
the funds to pay this invoice from 2008 funds and requests an increase in the SFY 2009 budget.
3. Department of Agriculture - Approved
Request approval for deficiency warrant spending authority for the following items:
a. Potato Cyst Nematode Survey, Detection and Eradication Program - $1,375,000.
b. Brown Garden Snail Survey, Detection and Eradication Program - $15,000.
c. Survey, Detection and Eradication Programs for Pests and Diseases - $75,000.
Total authorization requested for March 1, 2008 through February 29, 2009:
4. Bureau of Homeland Security, Division of Military, Executive Office of Governor - Approved
Date to Board
|Incident at 14224 Highway 12 in Orofino involving explosives found during service of a search warrant.|
|Incident at Eidelman Canyon in Lemhi County involving deteriorated nitroglycerine based dynamite found in an abandoned mine shaft. Responsible party is unknown.|
|Incident at 6020 W. Arco Highway involving a suspected drug lab and possible explosive devices found under trailer house. Responsible party is unknown at this time.|
|Incident at 4945 Elmore Road in Payette involving a suspected drug lab.|
|Incident at 1706 N. Allen Street in Fruitland involving a suspected drug lab.|
|Incident at I-84 Cotterell Port of Entry, milepost 229 in Burley involving an unknown liquid leaking from a covered van trailer. |
|Incident at Minnie Moore Gulch in Bellevue involving deteriorated dynamite located in a mine shaft. Responsible party is unknown, but it was found on BLM land.|
|Meth Lab was found in a backpack at the Silverwood Theme Park in Coeur d’Alene, ID. |
|Suspicious package found in the lobby of the USDA Forest Service building in Pocatello, ID. |
|Incident at 1305 Hidden Valley Rd, Blanchard, ID in Bonner County; suspected meth lab was removed from residential lab.|
Below is a letter from the Attorney General’s office, responding to the issue of landlord and tenant issues as requested by the Governor at the January Regular State Board of Examiners meeting.
Dear Governor Otter:
At the last Board of Examiners’ meeting, you inquired about a landlord’s liability for recovery costs associated with clean-up of a hazardous substance incident. Associated with that question is what remedy does a landlord have to evict a tenant who is engaged in the possession, delivery, production or use of a controlled substance on the premises.
Question 1: Is a landlord liable to the State of Idaho for recovery of emergency response costs incurred for a hazardous substance incident involving his tenant?
The State’s recovery of emergency response costs of a hazardous substance incident is governed by Chapter 71, title 39 Idaho Code. Specifically, Idaho Code §39-7112 (3) provides, in part:
The remedy for the recovery those emergency response costs identified in section 39-7109, Idaho Code, provided by this chapter shall be exclusive and shall not be used in conjunction with or in addition to any other remedy of such costs provided by applicable federal laws. …
Idaho Code §39-7111 is the applicable statute determining liability for a hazardous substance incident. This section provides “[a]ny person who owns, controls, transports, or causes the release of a hazardous substance which is involved in a hazardous substance incident shall be strictly liable for the costs arising out of a hazardous substance incident, identified in section 39-7112, Idaho Code. …”
Therefore, unless a landlord “owns, controls, transports or caused the release of” the hazardous substance involved, there is not liability for the emergency response costs associated with the clean-up. An otherwise innocent landlord who has no knowledge of the hazardous substance is not liable for emergency response costs simply because of the fact that he is a landlord who owns the premises.
I should mention that there are a number of other federal or state laws, including common law, for civil damages, injury or loss resulting from the release of a hazardous substance including costs for remedial action for such a release. However, these laws are aimed at providing a remedy for others damaged by an incident and would not apply to a recovery action by the State of Idaho for reimbursement of costs incurred for the emergency response clean-up.
Question 2: What remedies does a landlord have if he learns his tenant is dealing or manufacturing illegal drugs?
The relationship between a landlord and his tenant is initially and generally contractual, usually by a rental agreement. Therefore, a landlord can prohibit any such unlawful activity on the premises as a rental term and evict a tenant accordingly under the terms of the rental agreement.
Idaho law also provides for immediate eviction proceedings if the landlord finds the tenant is engaged in the unlawful delivery, production or use of a controlled substance on the premises. Idaho Code §6-303 provides that any person who is, or has been, engaged in the unlawful delivery, production or use of a controlled substance on the premises of the leased property is unlawfully detaining the premises. The remedies provided by Idaho’s unlawful detainer statutes un such an instance include an expedited hearing (within 12 days) for eviction of the tenant and possession of the premises.
Practically speaking, a landlord who has knowledge or suspects such illegal activity is taking place on the leased premise should report it to the proper law enforcement authority. This would allow the immediate seizure or containment of illegal substances and provide sufficient evidence for an eviction proceeding.
I hope this answers your questions. Should you have any further questions, please do not hesitate to contact me.
Very truly yours,
Brian B. Benjamin
Lead Deputy, Civil Litigation Division
5. Military Division - Approved
Request for approval pursuant to Idaho Code §72-928 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 $2,991.57.
6. Division of Human Resources - Deferred until next month
Requests the Board of Examiners to revise the current Moving Policy and Procedures to align with Idaho Code 67-5337.
7. Office of the State Controller - Removed- Discussed in another agenda item
Discussion on the requirement that agencies report moving expenses to the Division of Financial Management, the Legislative Services Office, and the Board of Examiners.
8. Attorney General
a. Notification that Alan R. Harrison of Harrison Law 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, Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code
§18-8002A, Automatic License Suspension Program. This appointment is effective through December 31, 2008.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December, 2007.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in December, 2007
Workers Compensation Claim Costs
Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of December, 2007.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in December, 2007:
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 9:03 a.m.
__________/s/ C.L. “Butch” Otter________
C.L. “Butch” Otter, Chairman of the Board and
Governor of the State of Idaho
__________/s/ Donna M. Jones ____________
Donna M. Jones, Secretary of the Board and
Idaho State Controller
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.