SENATE JOURNAL

2002

TABLE OF CONTENTS

FIFTY-SIXTH LEGISLATURE SECOND REGULAR SESSION

Page

SECOND REGULAR SESSION - January 7 through March 15, 2002 ...... 1 Alphabetical Index of All Senate legislation and House legislation received by the Senate ...... 275 House Bills received by the Senate ...... 380 House Concurrent Resolutions received by the Senate ...... 409 House Joint Memorials received by the Senate ...... 411 House Joint Resolutions received by the Senate (None in 2002) Journal Index ...... 267 Members and Committee Assignments ...... 268/270 Senate Attaches ...... 273 Senate Bills ...... 341 Senate Bills that became Law with effective date and Session Law Chapter number cited ...... 376 Senate Concurrent Resolutions ...... 374 Senate Joint Memorials ...... 373 Senate Joint Resolutions ...... 372 Senate Officers and Administration ...... 269 Senate Proclamations (None in 2002) Senate Resolutions ...... 373 Senate Sponsors of House Legislation ...... 417 Senate Sponsors of Senate Legislation ...... 413 [January 7, 2002 SENATE JOURNAL 1

IN TESTIMONY WHEREOF, I have hereunto set my hand SENATE JOURNAL and caused to be affixed the Great Seal of the State of Idaho. OF THE Done at Boise, the Capital of Idaho, this Twenty-ninth day of May, in the year of our Lord Two Thousand and One and of the Independence of the of America, the Two SECOND REGULAR SESSION Hundred and Twenty-fifth year. FIFTY-SIXTH LEGISLATURE ______/s/ BY THE GOVERNOR /s/ SECRETARY OF STATE PETE T. CENARRUSA

FIRST LEGISLATIVE DAY October 15, 2001 MONDAY, JANUARY 7, 2002 The Honorable Jack Riggs Senate Chamber President of the Senate Idaho State Senate At the hour of 12 noon on Monday, January 7, 2002, the time established for the convening of the Second Regular Session of the Fifty-Sixth Idaho Legislature, the members of the Senate Dear Mr. President: convened in the Senate Chamber of the Capitol in the city of Boise, President Jack Riggs presiding. I have the honor to inform you that I have appointed Representative Bert Marley of McCammon, Idaho, to the office The following Certificates of Appointment and Certificate of State Senator, District 33. He will succeed Senator Lin of Election and Appointments were read by the Secretary of the Whitworth. Senate: This appointment is effective October 12, 2001, and May 29, 2001 continuing until the next general election. The Honorable Robert L. Geddes President Pro Tempore Sincerely, Idaho State Senate /s/ Dirk Kempthorne Governor Dear Mr. President Pro Tempore: THE OFFICE OF THE GOVERNOR I have the honor to inform you that I have appointed Brad EXECUTIVE DEPARTMENT Little of Emmett, Idaho, to the office of State Senator, District 8. BOISE, IDAHO He will succeed Senator Judi Danielson. This appointment is CERTIFICATE OF APPOINTMENT effective May 24, 2001, and continuing until the next general election. KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-904A Idaho Code, the District 33 Sincerely, Legislative Committee of the Democratic Party has submitted a /s/ Dirk Kempthorne list of three names for consideration in filling a vacancy in the Governor Idaho State Senate.

THE OFFICE OF THE GOVERNOR NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor EXECUTIVE DEPARTMENT of the State of Idaho, by virtue of the authority vested in me do BOISE, IDAHO hereby appoint Bert Marley of McCammon, Idaho to the office CERTIFICATE OF APPOINTMENT of State Senator District 33, for a term commencing October 12, 2001 and continuing until the next general election when the term KNOW ALL MEN, by these Presents, that pursuant to the of office expires. provisions of Section 59-904A Idaho Code, the District 8 Legislative Committee of the Republican Party has submitted a IN TESTIMONY WHEREOF, I have hereunto set my hand list of three names for consideration in filling a vacancy in the and caused to be affixed the Great Seal of the State of Idaho. Idaho State Senate. Done at Boise, the Capital of Idaho, this Fifteenth day of NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor October, in the year of our Lord Two Thousand and One and of of the State of Idaho, by virtue of the authority vested in me do the Independence of the United States of America, the Two hereby appoint of Emmett, Idaho to the office of State Hundred and Twenty-fifth year. Senator District 8, for a term commencing May 24, 2001, and continuing until the next general election when the term of office /s/ BY THE GOVERNOR DIRK KEMPTHORNE expires. /s/ SECRETARY OF STATE PETE T. CENARRUSA 2 SENATE JOURNAL January 7, 2002]

December 27, 2001 DISTRICT NAME: 1 ...... Shawn A. Keough(R) The Honorable Jack Riggs 2 ...... Clyde Boatright(R) President of the Senate 3 ...... John W. Goedde(R) Idaho State Senate 4 ...... Kathy Sims(R) 5 ...... Gary J. Schroeder(R) Dear Mr. President: 6 ...... Joe Stegner(R) 7 ...... R. Skipper "Skip" Brandt(R) I have the honor to inform you that I have appointed Brent 8 ...... Brad Little(R) Hill of Rexburg, Idaho, to the office of State Senator, District 27. 9 ...... Ric Branch(R) He will succeed Senator Robert Lee. This appointment is 10 ...... Darrel Deide(R) effective December 24, 2001, and continuing until the next 11 ...... (R) general election. 12 ...... J. L. "Jerry" Thorne(R) 13 ...... Sheila A. Sorensen(R) Sincerely, 14 ...... Hal Bunderson(R) /s/ Dirk Kempthorne 15 ...... John C. Andreason(R) Governor 16 ...... Cecil D. Ingram(R) 17 ...... Grant R. Ipsen(R) THE OFFICE OF THE GOVERNOR 18 ...... (R) EXECUTIVE DEPARTMENT 19 ...... Betsy Dunklin(D) BOISE, IDAHO 20 ...... Robbi King-Barrutia(R) CERTIFICATE OF APPOINTMENT 21 ...... Clint Stennett(D) 22 ...... John Sandy(R) KNOW ALL MEN, by these Presents, that pursuant to the 23 ...... Laird Noh(R) provisions of Section 59-904A Idaho Code, the District 27 24 ...... Dean L. Cameron(R) Legislative Committee of the Republican Party has submitted a 25 ...... (R) list of three names for consideration in filling a vacancy in the 26 ...... Don M. Burtenshaw(R) Idaho State Senate. 27 ...... Brent Hill(R) 28 ...... Stan Hawkins(R) NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor 29 ...... Bart M. Davis(R) of the State of Idaho, by virtue of the authority vested in me do 30 ...... Melvin "Mel" Richardson(R) 31 ...... J. Stanley Williams(R) hereby appoint Brent Hill of Rexburg, Idaho to the office of State 32 ...... Robert L. Geddes(R) Senator District 27, for a term commencing December 24, 2001, 33 ...... Bert C. Marley(D) and continuing until the next general election when the term of 34 ...... Evan S. Frasure(R) office expires. 35 ...... "Moon" Wheeler(R)

IN TESTIMONY WHEREOF, I have hereunto set my hand IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. and affixed the Great Seal of the State of Idaho. Done at Boise, the Capital of Idaho, this Seventh day of January, in the year of Done at Boise, the Capitol of Idaho, this Twenty-fourth day our Lord, Two Thousand and Two, and of the Independence of of December, in the year of our Lord Two Thousand and One the United States of America, the Two Hundred and Twenty-sixth. and of the Independence of the United States of America, the /s/ PETE T. CENARRUSA Two Hundred and Twenty-fifth year. Secretary of State

/s/ BY THE GOVERNOR DIRK KEMPTHORNE The Certificates of Appointment and the Certificate of /s/ SECRETARY OF STATE PETE T. CENARRUSA Election and Appointments were ordered filed in the office of the Secretary of the Senate. The President announced that the Oath of Office had been previously administered to Senators Brad Little, Bert Marley, and Roll call showed all members present. Brent Hill. Prayer was offered by Chaplain C. Leon Johnson, Ordained Elder, Church of Jesus Christ of Latter Day Saints, Boise, Idaho. STATE OF IDAHO OFFICE OF THE SECRETARY OF STATE The Senate advanced to the Third Order of Business.

I, PETE T. CENARRUSA, Secretary of State of the State Reading and Correction of the Journal of Idaho and legal custodian of the records of elections held in the State of Idaho, do hereby certify that the following is a full, true, On request by Senator Risch, granted by unanimous consent, and complete list of those elected or appointed to serve as the Idaho National Guard Honor Guard entered the Chamber. members of the Senate of the Second Regular Session of the President Pro Tempore Geddes recited a brief history of the Fifty-sixth Legislature, as shown by official records on file in my tradition of the flag ceremony. President Riggs presented the office: Idaho State flag to the Honor Guard to be raised above the Senate [January 7, 2002 SENATE JOURNAL 3 dome to fly during the Second Regular Session of the Fifty-sixth HEALTH AND WELFARE Idaho Legislature. Mr. Con Hobson led the Senate in singing the Ipsen, Chairman State song: “Here We Have Idaho.” The Honor Guard exited the Lodge, Vice Chairman Chamber. Darrington Stennett Wheeler On request by Senator Risch, granted by unanimous consent, King-Barrutia the President appointed a committee consisting of Senator Brandt Ingram, Chairman, and Senators Bunderson, Burtenshaw, and Marley to escort the committee from the House of JUDICIARY AND RULES Representatives into the Senate Chamber. Representative Moyle, Darrington, Chairman Chairman, and Representatives Pearce and Shepherd informed the Stegner, Vice Chairman Senate that the House of Representatives was now organized and Risch Dunklin ready to conduct business. Sorensen King-Barrutia The Senate committee was discharged. Richardson Davis On request by Senator Risch, granted by unanimous consent, Lodge the seats presently occupied by the Senators were permanently assigned to them for the Second Regular Session of the Fifty-sixth LOCAL GOVERNMENT AND TAXATION Idaho Legislature. Thorne, Chairman Wheeler, Vice Chairman On motion by Senator Risch, seconded by Senator Stennett, Hawkins Marley by voice vote the following committee assignments were Frasure approved for the Fifty-sixth Idaho Legislature: Ipsen Bunderson AGRICULTURAL AFFAIRS Branch Williams, Chairman Stegner Branch, Vice Chairman Noh Stennett RESOURCES AND ENVIRONMENT Sandy Noh, Chairman Burtenshaw Brandt, Vice Chairman Boatright Hawkins Stennett Sims Cameron Little Schroeder Frasure COMMERCE AND HUMAN RESOURCES Branch Andreason, Chairman Andreason Goedde, Vice-Chairman Burtenshaw Stegner Dunklin Williams Davis Little Brandt Lodge STATE AFFAIRS Schroeder Sorensen, Chairman Hill Richardson, Vice Chairman Risch Stennett Darrington EDUCATION Sandy Schroeder, Chairman Geddes Sims, Vice Chairman King-Barrutia Noh Dunklin Davis Thorne Andreason TRANSPORTATION Williams Frasure, Chairman Goedde Ingram, Vice Chairman Hill Thorne Marley Boatright FINANCE Sandy Cameron, Chairman Keough Hawkins, Vice Chairman Deide Richardson Marley Geddes Ingram Bunderson On request by Senator Risch, granted by unanimous consent, Boatright the President appointed a committee consisting of Senator Burtenshaw Thorne, Chairman, and Senators Wheeler, Boatright, and Keough Williams to notify the Governor that the Senate is now organized Deide and ready to conduct business. 4 SENATE JOURNAL January 7, 2002]

The committee was excused. Absent and excused–-Sorensen - Total - 1.

On request by Senator Risch, granted by unanimous consent, Total - 35. the President appointed a committee consisting of Senator Hawkins, Chairman, and Senators Andreason, Stegner, and More than two-thirds having voted in the affirmative, the Goedde to notify the House of Representatives that the Senate is President declared the rules suspended and announced that now organized and ready to conduct business. HCR 37 was before the Senate for final consideration, the question being, “Shall the resolution be adopted?” The committee was excused. On motion by Senator Risch, seconded by Senator Stennett, The committee appointed to wait upon the Governor HCR 37 was adopted by voice vote, title was approved, and the returned and reported that the Governor sent his best wishes to resolution ordered returned to the House. the Senate members. On request by Senator Risch, granted by unanimous consent, The committee was discharged. the Senate advanced to the Twelfth Order of Business.

The committee appointed to wait upon the House of Second Reading of Bills Representatives returned and reported that they had conveyed the message to the House and the House expressed their best wishes JOINT SESSION for a productive session. Pursuant to HCR 37, the hour of 8 p.m. having arrived, the The committee was discharged. members of the Senate entered into the House Chamber and met in Joint Session with Speaker Newcomb presiding. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Roll call of the House showed all members present except Representative Black, absent and excused. Messages from the House Roll call of the Senate showed all members present. January 7, 2002 On request by Representative Bruneel, granted by Mr. President: unanimous consent, the Speaker appointed three committees to wait upon the Supreme Court Justices and Appellate Court I transmit herewith HCR 37 which has passed the House. Judges, the elected officials, and the Governor and escort them to the House Chamber. JUKER, Chief Clerk The Speaker appointed Senators Darrington and King- HCR 37 was filed for first reading. Barrutia and Representatives Gould and Boe as the committee to On request by Senator Risch, granted by unanimous consent, wait upon and escort the Supreme Court Justices and Appellate the Senate advanced to the Eleventh Order of Business. Court Judges to the House Chamber.

Introduction, First Reading, and Reference of Bills, The Speaker excused the committee. House Petitions, Resolutions, and Memorials The Speaker appointed Senators Noh and Keough and HCR 37, by Bruneel and Jaquet, was introduced and read at Representatives Mader and Henbest as the committee to wait length. upon and escort the elected officials to the House Chamber.

Moved by Senator Risch, seconded by Senator Stennett, that The Speaker excused the committee. all rules of the Senate interfering with the immediate consideration of HCR 37 be suspended. The question being, “Shall the rules be suspended?” The Speaker appointed Senators Risch and Stennett and Representatives Bruneel and Jaquet as the committee to wait upon Roll call resulted as follows: and escort the Governor to the House Chamber.

AYES--Branch, Brandt, Bunderson, Burtenshaw, Cameron, The Speaker excused the committee. Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, The committees appointed by the Speaker returned and Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stennett. escorted the Supreme Court Justices, Appellate Court Judges, the Total - 26. elected officials, and the Governor into the House Chamber NAYS--None. where they were presented to the Joint Session by the Speaker.

Absent and excused on committee business--Andreason, The Speaker introduced His Excellency, the Governor of the Boatright, Goedde, Hawkins, Stegner, Thorne, Wheeler, State of Idaho, Dirk Kempthorne, and the following State of the Williams. Total - 8. State Address was delivered by the Governor: [January 7, 2002 SENATE JOURNAL 5

Mr. Speaker. Mr. President. Distinguished members of the Some have blamed the tax cuts approved last year for Legislature. Distinguished members of the Supreme Court. Idaho's current economic condition. That is not the case. Our tax Fellow Constitutional Officers. Fellow citizens of Idaho. cuts are not the problem.

The past year has brought many changes -- changes that have When the legislature finished its work last session, all of the gripped our nation -- changes that extend to every part of the tax relief measures were factored into the bottom line - and the world and changes that reach into the heart of Idaho. budget was balanced with a $64 million cushion.

What is the "heart of Idaho?" Is it our heritage? Is it our That was before our nation headed into a recession...and beautiful environment? Is it our quality of life? It is all of these. Idaho has not been immune. But let me emphasize that we're in But, the real heart of Idaho is its people. better shape than most states in the union. And why are we in better shape? Those of us gathered here this evening are united in our passion to serve our state and its great people. In good times or Because we have a business and political climate that bad, nothing will ever diminish the honor of this privilege. produces an environment of economic freedom. Because we have a tax structure already in place that is conducive to growth. A year ago, the United States was at peace and our economy was strong. When we were last convened, the challenge facing And because we have hard-working and well-educated us was what we would do with the largest budget surplus in Idaho Idahoans that are prepared to succeed in the workplace. history. That's what positions Idaho to be one of the first to recover Who would have ever dreamed that one year later, the when the national recession subsides. country would be at war and we would be plunged into a national recession? I stand firm in my resolve. I want all of the permanent tax relief and incentives that we enacted last year to remain in place. On September 11, we saw the worst of human nature. But, since then we have seen the best of humanity, and we have And when I submit my budget to you on Wednesday, it will recently gazed into the heart of this great state. not include any tax increases. It takes guts and fortitude to say that government can do with less. Last fall, after the terrorist attacks, we invited our state to commemorate September 11 with a day of prayer. We took Any tax structure that is designed to keep government comfort in the 10,000 voices, young and old, of every race and immune from experiencing the very things that the people it creed, joining together on the steps of the Statehouse singing serves are experiencing is a flawed tax structure. "God Bless America." Government should not be immune from the effects of a This is the best of our state. This is the heart of Idaho. And down economy. Idaho families are cutting back and so is their now, thousands of Americans are diligently serving their nation government. as a part of a war on terrorism. Aren’t we fortunate to have President George W. Bush as our strong leader during this war? The reality is the money is not there.

Idaho, along with the rest of America, is involved in this I'm recommending that most agencies reduce their budgets war that seeks to preserve our freedoms: freedom from terror, by an average of 10% of the original ’02 appropriation, with the freedom to live in peace, and freedom to pursue our dreams. exception of public schools, Medicaid, Corrections, and veterans. I have worked hard to try and keep these areas at full funding. On September 11, we lost two Idahoans: Brady Howell and Ron Vauk. In the subsequent military action in the Middle East, Why public education? Because of my commitment to Idaho also lost Master Sergeant Evander Andrews who had been children. deployed from Mountain Home Air Force Base...he was the first casualty of Operation Enduring Freedom. Why Medicaid? Because of our obligation to help those who need it and because of federal requirements.

We must not forget what has happened...we cannot ignore Why Corrections? Because of the sheer size of the prison the realities of the war; and we cannot deny that there are new population and my dedication to public safety and rehabilitation threats. No matter how much we might like to go back to the within the prison. way things were before September 11, we cannot - our world has changed. Why veterans? Because it's the right thing to do.

As Thomas Paine, a patriot of the American Revolution, These are trying times, but even with declining revenues, wrote, "These are the times that try men's souls." layoffs, and a dismal national economic forecast...there are bright spots.

We are once again facing trying times. In Idaho, we haven't 21,000 more Idahoans are working now than last year at this seen an economy like this since the early eighties...and we're not time. alone. Forty-three states are experiencing revenue shortfalls, holdbacks, and budget cuts. Some states are even considering tax Since I took office, we have added nearly 6,000 jobs in rural increases to balance their budgets. Idaho. 6 SENATE JOURNAL January 7, 2002]

And in the last three years Idaho has seen the addition of Let me begin by discussing healthy, well-educated children. nearly 3,700 new businesses. When we began, we affirmed that while our schools - with our talented and dedicated teachers - were doing a good job, too There's snow in the mountains and our water outlook has many of our students were not reading at grade level in the third improved. Most agricultural commodity prices are up from a grade. Too many of our 8th graders were not passing the direct year ago. Interest rates are low. Fuel prices have declined. math assessment test. As Dr. Howard would affirm, these are critical points in a youngster's educational growth. Idaho exports are strong and our economy is becoming much more diversified. We have had tax cuts at the federal and state While we have placed great attention and had many levels that have given Idahoans more discretionary income. discussions on accountability and assessment, they have been elusive. Standards for graduation are still being developed. And, just as important as any economic indicator: our country is experiencing a renewed sense of patriotism -- the We inherited a 20-year lawsuit regarding children's mental benefits of which are immeasurable. health called the Jeff-D lawsuit. Two years ago, we came close to receiving a contempt of court citation from a judge for And there's more good news on the horizon. With just 32 allegedly not placing sufficient priority on the issue. days until the start of the Olympic Games in Salt Lake City, Idaho plays a key role: with the training, the torch, and the In another court of law, a judge is examining whether the tourists. state is placing appropriate priority on the issue of school facilities. One in seven Olympic athletes will have trained or participated in pre-Olympic events in Idaho. The Olympic torch We were continually wrestling with how to pay our will make its way through nine Idaho communities. children's teachers sufficiently and, in particular, how to encourage talented young adults to follow the noble calling and And, during the games, tens of thousands of tourists will career of being a teacher. experience the Idaho Visitor's Center thanks to the efforts of our 2002 Olympic Committee, ably co-chaired for years by Chip We were struggling with a similar issue in our colleges and Fisher. universities to attract and retain outstanding instructors.

Later this summer, we will have another chance to showcase We were one of the lowest ranked states in immunization Idaho as the National Governor's Association brings its annual rates and insurance coverage for children. meeting to Boise. The Governors from all 50 states will be here to address some of this nation's most pressing issues. So, what has changed?

And next year, we will be a destination of choice for those We now have a reading initiative in place and annually who will be commemorating the Lewis and Clark Bicentennial appropriate $4 million to this critical program. This initiative is because of our pristine and spectacular portions of this historic energizing our teachers and benefiting our children, and we are trail. Thousands will be coming to our state and we will be moving in the right direction. ready. Now we must do the same with math. I have said we need Three years ago, when you and I became partners as the a math initiative and I appreciate the support I have received from executive and legislative branches, I said that we needed to focus teachers as well as the private sector. our efforts so that we can have healthy, well-educated children and enjoy streets safe from drugs and crime. I also said we need This summer, I intend to establish a math academy in a to foster an economic environment where businesses thrive, good partnership between my office, the State Department of Education jobs are plentiful, and our goods and services are sold worldwide. and private industry. The effort will focus on both content development and professional development of teachers in the I said that we needed to realize the blessings of Idaho's middle grades 5 thru 8. outdoors and be progressive stewards in protecting and enhancing that environment. I also said that we needed to affirm this the The academy will help our students develop the math skills Generation of the Child. we need to keep Idaho competitive in the 21st century.

So, what is the record of what we have accomplished? Did We must also set high standards for our teachers and our we use those indicators to guide us forward and are we achieving students. My budget contains funds to stay on track to reach our assessment and accountability standards in 2005. the results that we have hoped for and that our citizens deserve?

This is the number one priority for our State Board of And, working with the third branch of government, the Education and it has the support of House Education Committee judiciary, and with all of the departments and agencies and the Chairman Tilman and Senate Education Chairman Schroeder. hundreds of citizens that have served on the boards and commissions and task forces - what can we report to the people My budget also includes funding to continue the tremendous of Idaho? success of the Promise Scholarships -- $500 per year for every Idaho high school graduate with a 'B' average or better to attend What is the state of the State? an Idaho college or university. [January 7, 2002 SENATE JOURNAL 7

We have seen enrollment rise in all of our colleges and families and children in Idaho. This group of statewide universities and in the fall of 2001 alone, over 5,000 students volunteers is addressing issues related to substance abuse, healthy went to college in Idaho with the help of this scholarship. lifestyle choices, and early learning.

With regards to school facilities, we're taking action to meet What about immunizations? When we first tackled this, our long-standing needs. Last year, you approved HB 315 which seven health districts could not communicate electronically. We dedicated state funds for interest payments of plant facility levies. started from scratch and today the Immunization Reminder I believe we need to extend the current school facilities program Information System (IRIS) is in place. for one more year. Now health districts, hospitals, and doctors' offices School bond election results have proven the plan works. throughout the state can access IRIS. It is strictly a voluntary Local voters are willing to do their part to address unsafe and program and the system provides for the utmost security and unhealthy schools with some help from the state. privacy for the individual.

Just take a look at Troy, Wendell, Minidoka, Fremont, and Today, more than one million vaccinations have been Wallace school districts...with a $10 million state investment for recorded. interest payments, these local districts have been able to pass bonds and leverage nearly $40 million to address building safety As you know, I set a goal of reaching a 90% immunization needs. rate for Idaho children under the age of 3. Today, for the first three series of shots, Idaho's rate is above 90%. By the time And, for the future, I have had discussions with Senator children enter school, the rate is approximately 95%. Deide and Representative Denney about a package of proposals that gives us a path forward. We have an agreement in principle Our immunization rate is still too low for the 4th series, but and are now working out details. it's rising.

It will allow the state to continue to help with interest It is important to note that Idaho was one of only 10 states payments. It will also provide that districts keep up with to improve this rate and the Centers for Disease Control has maintenance on the buildings over time. And, it will allow us to commended our efforts. close unsafe schools until conditions are sufficiently improved for the safety of our children. You are all very familiar with the Children's Health Insurance Program. In three years, we've seen a three-fold It also renews the request to let voters decide whether to increase in the number insured. We're also aware of the amend the Idaho constitution to support a 60% supermajority vote associated consequences of the Medicaid rolls rising. on school bond elections if they occur only during consolidated elections in May or November. Virtually every state is experiencing the same dilemma and hopefully a state/federal solution can be found to keep costs down It's time to solve this problem. Let's get the courts out of while still providing care to children who are in need. the business of determining what's best for our schools and our children. For too long, Medicaid expenditures have been allowed to grow unchecked. In fact, according to a survey by the National And, speaking of courts, I mentioned children's mental Association of State Budget Officers, Idaho has one of the fastest health and the Jeff D. lawsuit. I would like to commend Lt. growing Medicaid budgets in the United States. Governor Jack Riggs and the members of the Idaho Council on Children's Mental Health for a milestone year in addressing this For twenty years, there have been no significant very important issue. We are on track to complete all court modifications or reforms to rein in Medicaid spending. It's mandated action points. time to recognize that the success of our social services is not measured in the quantity of dollars that we spend, but in the We have now published a first ever Parents' Guide to quality of care we provide. Children's Mental Health; we've hosted the first ever Idaho Children's Mental Health Conference; and we're establishing a Over the past several months I have reviewed with Director new system of seven regional councils with secondary local Karl Kurtz and considered different options to help slow growth councils. in our Medicaid program. The course I have chosen is pro- active. We've created a network for mental health professionals, parents, and advocates to come together to share ideas and to My plan, as you will see on Wednesday, will give the strengthen the safety net for our children. Now is the time to end Department of Health and Welfare the tools to become more the litigation that has surrounded this issue for more than 20 efficient Medicaid managers. The key is to slow the explosive years. rate of growth. We are doing what is right for our children. We will continue to show that the education of our children Our Governor's Coordinating Council for Families and is our top priority. Over the last three years, we've approved Children that I appointed in April 2000 continues to build historic funding levels for both public schools and higher community collaborations that promote the well being of the education. 8 SENATE JOURNAL January 7, 2002]

For the first time, we appropriated funds for salary equity of Working with our excellent partners in the U.S. Attorney's 2% for faculty at our colleges and universities. This was a office and DEA, the Idaho State Police has taken the lead in critical step in recruiting and retaining the best and the brightest pursuing those who peddle this poison. at our colleges and universities. With our federal partners, during the last 12 months, over We have shown our public school teachers that we also value 100 individuals have been indicted. These indictments go and appreciate what they do by designating minimum teacher directly into one of the largest and most violent international drug salaries and we've provided incentives for those that become organizations anywhere. nationally certified: $2,000 each year for five years after they achieve certification. Some of the individuals indicted are charged with ordering and carrying out executions in Idaho. Make no mistake, this is Now, we're 13th in the nation and Idaho now has more deadly serious. board certified teachers than any other western state except California. What a great accomplishment for Idaho. I have had discussions about this issue with the new President of Mexico, Vicente Fox, both in his office in Mexico Our innovative grant program continues to encourage our City and here in Idaho. He and his administration share our zero teachers to find new and exciting ways to challenge their tolerance approach. students. Since you approved the program in 1999, I have awarded grants to 537 classrooms, totaling well over a quarter of I have also met with Asa Hutchinson, the Administrator of a million dollars. the Federal Drug Enforcement Agency. He applauds Idaho's effort and has pledged his full partnership in this fight. We received letters from grateful teachers like Darla Sargent, a third grade teacher from Burton Elementary School in The Idaho State Police are on the front lines, fighting this Rexburg. She wrote, "I was able to implement hands-on science, war on drugs. My continued message to them is: Don't let up math, and language arts projects in my learning centers. [The for a moment. And thank you for a job well done. Innovative Grant] has truly enriched my students' educational experience." But controlling the supply of drugs is not enough and will never yield the results we need. As I visit our correctional We are giving our teachers the tools they need to prepare facilities, I continually encounter men and women whose lives these bright young minds for the future. have been severely damaged by drug abuse.

We have just talked about these tremendous resources. Drug addiction creates a vicious cycle of crime and Now, let's focus on one of the most serious threats to our contributes to today's revolving door of the justice system. As children, our families, and our communities. we work to break this cycle we must also provide the resources to attack the demand for drugs. Substance abuse ruins lives. It leads to neglected children, increased domestic violence, and lost worker productivity. We have made major investments in adult and juvenile substance abuse treatment and education programs - both in Last year, Idaho embarked upon a new mission. All three prison and in our communities. branches of government partnered and Idaho became nationally recognized for its forward-thinking and innovative approach to We are also well on our way to establishing drug courts in this most difficult challenge. every judicial district in the state. I want to congratulate the judiciary for all of the hard work that has taken place over the We are now aggressively attacking both supply and demand. last year to provide a framework for drug court implementation.

You all know that I have targeted methamphetamine as the We are finally on a path to expand treatment options for most dangerous drug today in Idaho. It's cheap, it's easy to adults and juveniles who need access to these programs. We must continue our investment in drug treatment and education make, and it's highly addictive. programs.

I signed into law tough prison sentences for those who I am confident that under the leadership of the new manufacture and traffic methamphetamine. We've added 22 Corrections Director, Tom Beauclair, we will be successful. commissioned officers to the Idaho State Police during the last 3 years and significantly enhanced their equipment and training. We recently opened a 100-bed Parole Release Center. At We have also increased the necessary financial resources. This this center, each and every inmate will receive intensive legislature is to be commended for your actions. substance abuse and education programming. I met with the inmates. Many told me this was their 5th or 6th time in prison.

Working together, we are winning this battle. The team With the treatment offered at this center, these men - for the approach involving Idaho State Police, local police chiefs, county first time - will receive the help they need to stay out of prison. sheriffs, the U.S. Attorney's office, DEA, and the FBI has been We're finally giving them a chance to succeed. seamless. We are also making gains in the area of corrections The majority of the methamphetamine in Idaho comes from education. In a few weeks, 120 inmates will attend a graduation outside our borders, including Mexico, and it poses a serious ceremony in the prison to receive their GED's. This is the threat. largest group ever. [January 7, 2002 SENATE JOURNAL 9

Isn't this the direction we should be going? We already provide counseling for the youth behind bars. Now, we will expand that to embrace and support the families, I appreciate Chairman Darrington and Chairman Gould and so as a family, they can work through their challenges together. their committees' help and support. After all, this is where these kids belong - with their families - not with the state. Now, let's stop the revolving door. Now, before I leave the area of public safety, let's discuss Frequently, inmates leaving prison have few resources or the impacts of the terrorist attacks on America. safety nets outside of the prison walls. It's too easy for them to return to a life of crime. In all 44 counties, an emergency evaluation was conducted as required by the Federal Emergency Management Agency. A That's why I will be proposing an investment in transition or number of potential targets were identified based upon guidelines halfway house-type programs. This investment will help us fill from the White House and federal agencies. The private sector a gap in our substance abuse continuum. has conducted similar evaluations. As a result, there is heightened security at a number of public and private installations But we cannot only focus our efforts on those adults who are across the state such as nuclear facilities, energy plants, fuel in prison. To be successful in the long term, we need to focus on supply and storage depots, ports of entry, airports, hazardous our children and young people. material carriers, and government buildings such as the Capitol Complex. While we work to give our children opportunities for success, there are kids who have made poor decisions and now The actions I took in those early days were based upon the find themselves in trouble. We don't write them off. We search recommendations of the Adjutant General of the National Guard for ways to put these young people onto the right path. and the Director of the Idaho State Police. Some have questioned my decision to implement the recommendations. Some have I was recently in St. Anthony and had a chance to visit the suggested this was a bad political decision. juvenile corrections facility. It was shocking to hear from these kids about their lives and what brought them to the state's Let's examine that for a moment. Does anyone here tonight custody. Each one that I talked with had been abused and few believe that General Kane, with his 40 years of service in the had functional homes they could return to. military of the United States, or that Director Strickfaden with his 34 years in law enforcement, took the information they received They have tremendous needs - physical, emotional, and from the White House, the Pentagon, the FBI and other spiritual. intelligence agencies, and then determined what was good politically? Or, do you think these professionals determined what Our challenge is to meet their needs without was necessary to take adequate precautions to protect lives? institutionalizing them, while still keeping our communities safe. Please remember, President Bush believes there will be more Under the able leadership of Director Brent Reinke, the innocent citizens murdered by terrorists somewhere in these Department of Juvenile Corrections is meeting the challenge United States in the future. through such things as: While some may not consider this decision good for me • Implementing a Faith and Justice Network to include politically, it was not a political decision at all. community-based faith organizations. As we confronted the staggering consequences of this attack • Regionalizing its programs so that kids in the state's custody on America, I received the recommendations from the General can be close to their families. and the Director who stated emphatically that they felt certain measures were necessary to potentially save lives of citizens. • And, putting into action the recommendations of the Council on Children's Mental Health. I believe Idahoans want the kind of leader who weighs that kind of serious information and makes the tough decisions. But we need to do more. Many young people in the state's When I was deciding on what course of action I should take, I custody have been in the system 3 or 4 times. Or they have been didn't take a poll. I did say a prayer. in custody for years because there is no place for them to go upon release. We have a family of four brothers in custody today that I will not play political games with the lives of the citizens have already cost the state more than half-a-million dollars. I serve. As Harry Truman said, "The buck stops here" and it does. But it is not just a financial cost. It is a cost to society. We have classified information from the military and federal Doing nothing is not an option. If we do nothing, we have law enforcement agencies that, at this time, no one can make determined the future of these kids - and most likely, their next public. I hope and believe that the day will arrive when this stop is the adult correction system. And who will be the victims in their wake? We must stop the cycle. information can be released.

I have directed the Department of Juvenile Corrections to I will continue to work with state law enforcement and the work with counties to establish a family-based program called National Guard and their federal counterparts to evaluate and Functional Family Therapy. decide on appropriate actions that are necessary. And, believe 10 SENATE JOURNAL January 7, 2002] me, no one will be happier to see barriers removed than me...but waste buried at the INEEL would be removed. And it has been I won't do it prematurely. As I've said before, I can always nearly ten years since the federal Department of Energy promised remove barriers, but I cannot restore lives lost. to begin waste retrieval. To date, DOE has failed to honor its promise. There's a saying we've all seen countless times following the tragedy of September 11 and throughout the fight against My fellow Idahoans, I want to be very clear on this point ... terrorism. The phrase is, "United We Stand." For those who the federal government must recognize its obligations to remove believe it and practice it, I thank you. this buried waste from Idaho and start implementing the agreements reached with Governor Andrus and Governor Batt. And I say thank you to the many veterans who over the Until it does, I will vigorously oppose any shipment of DOE- years have fought to defend our freedoms. They have served and spent nuclear fuel into Idaho. defended this nation against the enemies of freedom in times past. Now, as they grow in age and wisdom, it falls to this generation Idaho has never been a federally designated waste to ensure their well-being and their quality of life. repository, and never will be as long as I’m Governor.

In November, I was pleased to appoint Richard Jones as the On another front, the Department of Environmental Quality, new Administrator of the Division of Veterans Services. under the leadership of Steve Allred, has played an important role Richard's extensive experience as an administrator, his on several key issues including the Coeur d'Alene Basin clean up. understanding of the needs of our veterans, and his own military Let me emphasize that we do not have a public health emergency background make him an excellent choice to head up Veterans in the Coeur d'Alene Basin. Services. In November, I testified at an EPA hearing in the Silver I also look forward to working with our Veterans as we Valley. My comments were reported in the state and local media, and even in the New York Times. I told EPA that I am move forward on our plans to establish a final resting place of so frustrated with them that I am on the verge of inviting them to honor for these patriots. leave the state of Idaho.

We must also look out for and protect individual rights and I am convinced that the good people of Idaho have the freedoms. Regardless of race, religion or nationality, we must ability and the dedication to finish our proposed 30-year public protect the rights of our fellow citizens and residents of Idaho. works project in our state if EPA will just step aside. Idaho has crafted a solid solution for cleanup of the Basin, which has the In the past, some groups that promote racism and hatred support of the Tribe, the mining companies and the state. have located here in Idaho. WE STOOD UP TO THEM, AND Back in December of 2000, a federal judge even urged us to WE WON. settle this matter out of court. And where are we now? In court. I submit to you, just as I did to EPA, the state solution is the With the vision of individuals like Greg Carr and the right solution. It's doable and it's affordable. courage of a jury in Coeur d'Alene and attorneys like Ken Howard and Norm Gissel, we were able to say goodbye to that Let's stop paying lawyers in the courtrooms and start paying group of hate mongers. As their former compound was burned cleanup crews on the ground. to the ground, it was a signal to the world that Idaho will not We will soon be filing comments to EPA's plan. EPA, tolerate hatred...not now... not ever. please take note:

Last year, we passed legislation adopting a farm workers' I will not accept a clean-up plan that is not based on minimum wage. I appreciate the work of the House Agriculture common sense. and the Senate Commerce committees. When I signed the bill in Wilder, the farm workers who assembled to watch that signing I will not allow uncontrolled federal bureaucrats to define were so grateful and appreciative. This year we want to ensure what is in the best interests of Idahoans. that they get the wages they have been promised. And, I will not allow Lake Coeur d’Alene, one of the That is why it is essential that we adopt standards for farm nation's greatest treasures, to be included in any superfund site. labor contractor licensing. Such legislation will benefit farmers, contractors, and farm workers. Another challenge that immediately confronted me when I took office was the issue of salmon recovery. I'd like to thank Chairman Andreason and Chairman Jones for their efforts in this important area. From the beginning, I have been convinced that one of the Following through with this effort will again show the world keys to protecting Idaho's interest in salmon recovery is to reach that Idaho is a place that promotes freedom and equality. across state and party lines. This approach has proved successful through the Four Governors' Recommendations on Salmon When I ran for Governor, I pledged to make sure that Idaho Recovery. is a place where we can continue to benefit from clean air and water and enjoy our many recreational opportunities. This was the first time that the states of Idaho, Montana, Washington, and Oregon had come together on a common Let me first report on the status of a long-standing approach that acknowledged that the only way to progress on real environmental controversy. It has been over thirty years since recovery is with a partnership between the states and the federal the federal government promised that plutonium-contaminated government. [January 7, 2002 SENATE JOURNAL 11

Now, the key is to fully implement the federal Salmon I was pleased to proclaim the last Saturday of each Recovery Plan which mirrors the Four Governor's September as Jack Hemingway Conservation Day, an opportunity recommendations. In a year with record salmon returns, now, for all Idahoans to remember one of our state's most devoted more than ever, I am convinced that we can get the job done sportsman and protector of our natural beauty and heritage. without breaching dams and without wasting precious Idaho water. Now, on the topic of water, let me speak for a minute about the Department of Water Resources and the tremendous job they Two sessions ago, you passed and I signed into law, are doing with our nationally recognized model to protect state legislation creating the Office of Species Conservation. The water rights, the Snake River Basin Adjudication. intent behind the creation of this office was not to build bigger government, but to give Idaho a fighting chance against the In the beginning, there were 143,000 water rights in impact of the federal Endangered Species Act on our people. question. Director Karl Dreher has resolved more than 80 percent of these. They are on track to complete their work by With OSC, we now have a vehicle to promote Idaho 2005. solutions to Idaho problems. I am pleased to say this legislation was a success. You may recall that the conflict between the holders of surface water rights and ground water rights peaked several Under the leadership of Administrator Jim Caswell, OSC has months ago during one of the worst drought years on record. received more than $10 million dollars of federal and non-federal funding for various projects for salmon and resident fish recovery The resolution of this controversial matter began with a efforts. discussion I had with the water users and the Department of Water Resources. I directed Water Resources to work with these And what did we do with that money? We put water back groups to solve the problem. in streams that have been dry for years. Removed barriers and installed screens to save fish. And secured an historic minimum A series of agreements are now in place. streamflow agreement that has the support of the Lemhi water users. Now, I will take the next step in fulfilling these agreements by recommending funding for the Eastern Snake Plain Aquifer The result is a tangible benefit, and shows that we are doing Model as a part of my 2003 budget. our part for fish recovery. Last session, when I signed legislation reauthorizing the 427 OSC is driving the delisting of the Canadian Gray Wolf. thousand acre-feet of water for salmon flow augmentation, I made Also, Idaho has formed its first Delisting Advisory Team for the it clear that I was losing my patience with the lack of progress Yellowstone Grizzly Bear population. being made in this area.

You will have the opportunity to consider these two Idaho water should not be used for something that has yet to management plans in the coming months. be scientifically proven and could jeopardize the economy of Southeast Idaho. I urge you to remember that these two plans get us one step closer to delisting the wolf and the grizzly bear and two steps As was stated in our Four Governors' Recommendation for closer to getting the federal government out of our backyard. Salmon Recovery, there must be a scientifically defensible study that documents the specific benefits of flow augmentation. I have It is imperative that Idaho manage these existing species. yet to see such a study.

And I will continue to strongly oppose any grizzly bears Therefore, unless it has the support of our water community, being imported into our state. I will be reluctant to reauthorize the 427 thousand acre-feet for flow augmentation. I'm pleased with the cooperative spirit I'm receiving from the U.S. Department of the Interior and Secretary Norton. Not a single drop of Idaho water should ever be wasted.

I want to recognize Idaho’s Congressional Delegation, which Now let's talk about air. is second to none, and thank them for their continued assistance as Idaho tackles these important federal issues. Idaho has a long and rich agricultural heritage. I am mindful of the beneficial contributions of blue grass seed I recently announced my Pheasant and Quail Initiative that is designed to improve the habitat of these birds. This initiative production, but I also understand the air quality concerns caused began at my conference table in a collaborative discussion with by that production. Fish and Game, Department of Environmental Quality, Water Resources, the Soil Conservation Commission, Department of However, while the status quo is unacceptable, the harsh Ag, and OSC. alternative of forcing farmers out of business is also We are taking aggressive measures that will ensure that these unacceptable. That is why several months ago I directed my species, and others, stay off the federal endangered species list. administration to begin an aggressive effort to find an innovative, I appreciate Fish and Game Director Rod Sando's help in these economical, and environmentally acceptable solution to grass issues. field burning in northern Idaho. 12 SENATE JOURNAL January 7, 2002]

I have directed the Department of Agriculture to partner And then there is Micron Technology. They recently with the and private industry to develop a opened their new R&D facility that will bring 200 new jobs to the balanced solution. And you will note in my budget, this is one Treasure Valley. This $200 million investment could have been area where there are no reductions and, in fact, we're dedicating built anywhere in the country, yet they chose Idaho. Why? additional resources. They'll tell you it's because of our positive business climate Now, I'd like to talk about rural economic development. A and tax structure, including our new R&D tax credits, that favor few months ago, there was extensive media coverage on the free enterprise. We've told businesses that if you'll bring high plight of rural Idaho. But, what is significant is that we didn't tech capabilities like broadband to our rural areas, we'll make it have to react to the reports. We didn't wait for the economy to worth your while. turn down before we took action. We were out in front and the initiatives that you supported are now in place. In fact, our Broadband Investment Tax Credit has made it feasible for one group of telephone companies - Syringa We now have twelve regional economic development Networks - to proceed with their $35 million, 1,400-mile fiber specialists living and working in the following counties: optic network connecting all of southern Idaho. Boundary; Shoshone; Clearwater; Idaho and Lewis; Adams and Washington; Boise and Gem; Payette; Valley; Gooding, Lincoln I'm proud of what we've accomplished on tax relief in the and Jerome; Bear Lake, Caribou, Franklin and Oneida; Custer past three years. I've signed 36 tax measures that have either and Lemhi; Fremont and Clark. provided significant tax relief or tax credits. In those same three years, we have had no tax increases. We're 36 and 0 and that's They are assisting rural communities to diversify and a pretty good record. strengthen their economies by attracting new businesses and maintaining those already in place. Together, we have enhanced our tax structure to benefit all Idahoans...we have eliminated the marriage tax penalty and You also supported my request for $3 million for rural reduced the individual income tax rates. We have reduced the community block grants for local jurisdictions that require no corporate tax rates and created a series of tax credits that are local match...why no match? Because in many cases, they don't stimulating our economy. have the money. This funding was intended to create hundreds of jobs in some of our more rural, distressed areas. We took the best investment tax credit in the nation and we've made it better. Specifically, we added additional Where did we put this money? incentives for businesses that bring jobs to areas with high unemployment or low personal income...in Idaho, those are the $500,000 went to St. Anthony for ML Technologies, a truly rural areas. dynamic company now located on Main Street in this wonderful community. With this grant, we anticipate another 100 jobs for But, in rural Idaho, we are still an agricultural state. Unless St. Anthony. agriculture prospers, rural Idaho will continue to struggle. And so, we gave our farmers and ranchers a boost by passing a The reality is, St. Anthony is now going to have a parking permanent reduction in personal property tax for farm machinery problem in the heart of downtown and they're thrilled to have this and equipment. problem. It's a measure that I believe has helped a number of our We have used these funds to help TSI locate in Jerome, family farms to stay viable. The total relief amounts to more which looks terrific after their downtown renewal project. And, than $13 million. That's $13 million that our farmers will spend TSI has located another call center in Smelterville in the Silver on feed and fertilizer. That's $13 million that they'll spend in Valley. our rural communities.

Let me mention Dell Computer. I received a call from the Another significant boost for rural Idaho came from one of Twin Falls Economic Development Team, asking if I could help Idaho's existing corporate partners. Anheuser-Busch is a world with attracting Dell to the Magic Valley. I met the next day in class company and I was pleased to meet with August Busch, my office with the Twin Falls team and Charlie Ball from Dell. their highly successful CEO, on different occasions in my office. Those discussions and others he held in eastern Idaho ultimately I then called Larry Johnston, the CEO of Albertsons, and led to the decision by Anheuser-Busch to double their barley asked him to work with the State and Twin Falls regarding their malting facility in eastern Idaho. soon-to-be-vacated store on Blue Lakes Boulevard. The expansion will impact over 70-thousand acres of Idaho Mr. Johnston and his real estate division agreed to work farmland and could potentially add $25 million annually in barley sales to the local economies. We're talking about a high value with us. cash crop that also makes an excellent rotation crop with potatoes. This is a win for Idaho agriculture and a win for our That's the sort of cooperation that helps our communities. rural communities. That's the sort of corporation that makes Idaho a great place. While I was in Idaho Falls for the announcement, one of the Because Dell, a Fortune 50 company, has decided to locate growers in the area commented on the significance of the deal. in Twin Falls, Idaho will now be considered by other prestigious He said, "That tax cut for farm equipment is a home run. This corporations when they are planning for relocation or expansion. announcement with Anheuser-Busch is a grand slam." [January 8, 2002 SENATE JOURNAL 13

How would you like to have another grand slam? The Speaker thanked Governor Kempthorne for his message.

On a trade mission to Mexico, we had a reception at the The committee came forward and escorted the Governor to U.S. Ambassador's residence. During the reception, his office and was, upon its return, thanked and discharged by the Ambassador Jeffrey Davidow came to me and said that someone Speaker. wanted to speak to me in private. The committees came forward and escorted the Supreme The gentleman was Mario Zenteno, who, for 30 years, has Court Justices, Appellate Court Judges, and the elected officials represented Modelo brewery. It is a corporation that, like to their chambers and offices respectively, and were, on their Anheuser-Busch, is world class. They produce Corona, Negra return, thanked and discharged by the Speaker. Modelo, and Pacifico beers. He explained that they were looking for a location for a barley malting facility and were seriously On motion by Representative Denney, seconded by considering Canada. Knowing of the successful operation of Representative Bruneel, by voice vote the State of the State Anheuser-Busch in Idaho, he asked if I would consider exploring Address was ordered spread upon the pages of the House and an opportunity for them to locate in Idaho. Senate Journals.

I expressed immediate interest and the next meeting was in On motion by Representative Bruneel, seconded by my office with Mr. Zenteno, Gary Mahn from the State Representative Boe, the Joint Session was dissolved. Department of Commerce, and Pat Takasugi from the State Department of Agriculture. The appointed committee came forward and escorted the Senators from the House Chamber. Many meetings and many discussions with grain producers and local Idaho Falls officials followed. The members of the Senate returned to the Senate Chamber.

Tonight, I am pleased to make a very special announcement. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Modelo will build a $64 million malting facility next door to Anheuser-Busch. When completed, the Modelo plant will Miscellaneous Business contract to buy another 60-thousand acres of Idaho barley. This is a real testament to the quality of Idaho farm commodities. A On motion by Senator Risch, seconded by Senator Noh, by lot of good people worked very hard to make these projects a voice vote the Senate adjourned at 9:35 p.m. until the hour of reality. For Idaho agriculture, this is truly another grand slam. 11:30 a.m., Tuesday, January 8, 2002.

We used the tax incentives, workforce development funds, JACK RIGGS, President and our efforts in international trade to help our citizens...and, it's working. Attest: JEANNINE WOOD, Secretary

The greatest initiative we can take for the new budget in ______light of the lack of money is to keep all our current initiatives in place.

We must now stay the course. We are ahead of the curve SECOND LEGISLATIVE DAY and the economic development tools that we've put into play are TUESDAY, JANUARY 8, 2002 key factors that are persuading companies like Anheuser-Busch, Modelo, Micron, Dell, TSI, ML Technologies, and Syringa Networks to expand in Idaho. In a down economy, our tax Senate Chamber structure not only allows businesses to survive, but thrive. President Riggs called the Senate to order at 11:30 a.m. I referenced Thomas Paine before when he said that "these are the times that try men's souls"...also referring to the Roll call showed all members present except Senators Revolution, he said, "The summer soldier and the sunshine Cameron and Thorne, absent and excused. patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks Prayer was offered by Chaplain C. Leon Johnson. of man and woman." The Senate advanced to the Third Order of Business. We have stood together in times of sunshine - in times of peace and economic prosperity. Now, in difficult times, if we Reading and Correction of the Journal stand together to confront our challenges and make the difficult decisions that must be made, we will show the true nature of our The JUDICIARY AND RULES Committee reports that the character and our resolve to do good by our people. That will merit the love and thanks of every Idahoan. Senate Journal of the proceedings of January 7, 2002, was read and approved as corrected. Thank you and may God bless Idaho...and God bless America. DARRINGTON, Chairman 14 SENATE JOURNAL January 9, 2002]

There being no objection, the report was adopted and Pages: ordered filed in the office of the Secretary of the Senate Alexandria Baldwin, Melba Charles Anderson, Blackfoot On request by Senator Risch, granted by unanimous consent, Jennifer Daniels, Downey the Senate advanced to the Tenth Order of Business. Mackenzie Beck, Boise Autumn “A. J.” Linze, Weiser Monique White, Horseshoe Bend Motions and Resolutions Kelly “Scout” Murphy, Emmett Nicole Bailey, Burley Senator Cameron was recorded present at this order of Matt Engum, Boise business. Elizabeth Anne Canas, Fruitland

On motion by Senator Risch, seconded by Senator Stennett, Whereupon the President instructed the Sergeant at Arms to by voice vote the following attaches were elected to fill the escort the attaches to the Secretary’s desk at which time the Oath offices provided for by the Constitution of the State of Idaho and of Office was administered to the elected attaches and they were by statute, salaries to be fixed by Senate Resolution: escorted from the Chamber. On request by Senator Risch, granted by unanimous consent, Admin. Assistant to President Pro Tem .. Darelyn McCarter the Senate advanced to the Fifteenth Order of Business. Fiscal Assistant to President Pro Tem ...... Mary Sue Jones Majority Leader Secretary ...... Joanne Dick Miscellaneous Business Assistant Majority Leader Secretary ...... Louise Easton Majority Caucus Chairman Secretary ...... Geri Rees On motion by Senator Risch, seconded by Senator Stennett, Minority Chief of Staff ...... Christine Peck by voice vote the Senate adjourned at 11:55 a.m. until the hour Minority Staff Assistant ...... Zuriel Knowles of 10:30 a.m., Wednesday, January 9, 2002. Minority Staff Assistant ...... Bert Davis Secretary of the Senate ...... Jeannine Wood JACK RIGGS, President Secretary to Secretary of Senate ...... June Keithly Attest: JEANNINE WOOD, Secretary Assistant Secretary of Senate ...... Rusti Horton Docket Clerk ...... Dorothea Baxter ______Journal Clerk ...... Lana Muller Journal Clerk ...... Margaret Lundy Constituent Services ...... John Masters THIRD LEGISLATIVE DAY Constituent Services, Research Assistant .... Mary Harvey WEDNESDAY, JANUARY 9, 2002 Sergeant at Arms ...... Peggy Chrisman Assistant Sergeant at Arms ...... Bobbie Richardson Republican Secretarial Pool: Senate Chamber Pool Secretary ...... Sheryl Lance Pool Secretary ...... Susan Karaba President Riggs called the Senate to order at 10:30 a.m. Pool Secretary ...... Beverly Boyle Roll call showed all members present except Senators Davis, Pool Secretary ...... Jeanette Moore Frasure, Ingram, and Sorensen, absent and excused. Senate Doorkeeper ...... Bob McDonald Gallery Doorkeeper ...... Charlie Harris Prayer was offered by Chaplain C. Leon Johnson. Legislative Information Center Director ...... Sue Burwell Mail Room Director ...... Gloria Bennett The Senate advanced to the Third Order of Business. Mail Room ...... Jean Briggs Mail Room ...... Carole Taylor Reading and Correction of the Journal Committee Secretaries: Agricultural Affairs ...... Mary Harper Senators Davis and Ingram were recorded present at this order of business. Commerce & Human Resources ..... Linda Swarthout

Education ...... Juanita Budell The JUDICIARY AND RULES Committee reports that the Finance ...... Jean Krogstad Senate Journal of the proceedings of January 8, 2002, was read Health & Welfare ...... Betty Osborn and approved as corrected. Judiciary & Rules ...... Marianne Hansen Local Government & Taxation ...... Nancy King DARRINGTON, Chairman Resources & Environment ...... Darby Harris State Affairs ...... Carolyn Heinzman-Shaffer There being no objection, the report was adopted and Transportation ...... Peggy Moyer ordered filed in the office of the Secretary of the Senate. Senate Chaplain ...... C. Leon Johnson Senate Hosts ...... Bruce and Joan Carpender The Senate advanced to the Fourth Order of Business. [January 9, 2002 SENATE JOURNAL 15

Reading of Communications More than two-thirds having voted in the affirmative, the President declared the rules suspended and announced that Senators Frasure and Sorensen were recorded present at this HCR 38 was before the Senate for final consideration, the order of business. question being, “Shall the resolution be adopted?”

January 9, 2002 On motion by Senator Risch, seconded by Senator Stennett, HCR 38 was adopted by voice vote, title was approved, and the The Honorable Jack Riggs resolution ordered returned to the House. President of the Senate The Senate advanced to the Twelfth Order of Business.

Dear Mr. President: Second Reading of Bills

Pursuant to Section 67-6622, Idaho Code, I submit from the JOINT SESSION records of this office the enclosed listing of the names of lobbyists, registered under the law. Pursuant to HCR 38, the hour of 11 a.m. having arrived, the members of the Senate entered the House Chamber and met If we may be of assistance to you in regard to this listing, in Joint Session with Speaker Newcomb presiding. please do not hesitate to contact this office. Roll call of the House showed all members present except Sincerely, Representative Black, absent and excused. /s/ Pete T. Cenarrusa Secretary of State Roll call of the Senate showed all members present.

The correspondence was ordered filed in the office of the On request by Representative Bruneel, granted by Secretary of the Senate. unanimous consent, the Speaker appointed three committees to wait upon the Supreme Court Justices and the Appellate Court On request by Senator Risch, granted by unanimous consent, Judges, the elected officials, and the Governor and escort them the Senate advanced to the Ninth Order of Business. to the House Chamber.

Messages from the House The Speaker appointed Senators Davis and Lodge and Representatives Field and Boe as the committee to wait upon and January 9, 2002 escort the Supreme Court Justices and Appellate Court Judges to the House Chamber. Mr. President: The Speaker excused the committee. I transmit herewith HCR 38 which has passed the House. The Speaker appointed Senators Richardson and Williams JUKER, Chief Clerk and Representatives Meyer and Bieter as the committee to wait upon and escort the elected officials to the House Chamber. HCR 38 was filed for first reading. The Speaker excused the committee. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. The Speaker appointed Senators Sandy and Dunklin and Representatives Bell and Robison as the committee to wait upon Introduction, First Reading, and Reference of Bills, and escort the Governor to the House Chamber. House Petitions, Resolutions, and Memorials The Speaker excused the committee. HCR 38, by Bruneel and Jaquet, was read at length. The committees appointed by the Speaker returned and Moved by Senator Risch, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate escorted the Supreme Court Justices, the Appellate Court Judges, consideration of HCR 38 be suspended. The question being, the elected officials, and the Governor into the House Chamber “Shall the rules be suspended?” where they were presented to the Joint Session by the Speaker.

Roll call resulted as follows: The Speaker introduced His Excellency, the Governor of the State of Idaho, Dirk Kempthorne, and the following Budget AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Address was delivered by the Governor: Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Mr. Speaker. Mr. President. Fellow Constitutional Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Officers. Distinguished members of the Legislature. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Distinguished members of the Judiciary. Fellow citizens of Thorne, Wheeler, Williams. Total - 35. Idaho. 16 SENATE JOURNAL January 9, 2002]

Last year, you joined me in saluting the Secretary of State, That doesn’t leave any money to provide for one-time capital Pete Cenarrusa, on the occasion of the 50th anniversary of when outlay for state agencies. he began his public service as a member of this body. Because of Pete’s announcement of his retirement, this will be – at least That doesn’t leave any money for inflationary increases. for the time being – his last joint session in his capacity as an elected official. And that leaves us with no option other than to reduce agencies’ base budgets for 2003. Pete, congratulations on an exemplary career of serving your fellow citizens and your beloved state of Idaho. As I said in my State of the State address: “Any tax structure that is designed to keep government immune from Madam Chief Justice, I look forward at the end of my experiencing the very things that the people it serves are remarks to listen to the State of the Judiciary, and I will be experiencing is a flawed tax structure.” escorted to the gallery where I will enjoy listening to your report. Six months ago, I met with agency directors and warned Ladies and Gentlemen of the Legislature, I submit the them of the dark economic clouds looming on the horizon. They Executive Budget Recommendations for Fiscal Year 2003 for have been equal to the task and made difficult decisions to meet your consideration and deliberation. the challenges of the budget that I recommend today. I commend this team of managers for their cooperation. Our nation’s longest economic expansion has officially ended. In March, just as you were finishing your legislative In addition to the 3 percent holdback becoming permanent, work and preparing to go home, our 10-year economic expansion I am recommending further base reductions in most agencies. was ending. And a national recession was about to begin. If you look at the 2003 budget minus Correction, Public And Idaho, like 43 other states, is feeling the effects of that Schools, Medicaid, and Veterans, agencies, on average, will recession. receive 10 percent less next year than what they were originally slated to receive in 2002. As I said Monday night, just as Idaho families are cutting back, so is their government. And here’s why we have to cut That is an average. It is not across-the-board. Each back. department was reviewed individually.

We are currently projecting $111 million less revenue than In my State of the State address on Monday, I mentioned originally thought when the FY 2002 budget was set last session several areas where I had to work hard to keep agencies at 100 and an additional $13 million worth of recommended percent of their original 2002 appropriation. supplementals. Medicaid’s budget will actually increase 6 percent over what Given this revenue picture, here is how I have met my they received in FY 2002. And achieving that level requires Constitutional responsibility to keep the budget in balance. critical reforms in runaway Medicaid spending. Without these reforms, the Medicaid budget will be much larger. The surplus that we projected at the end of last session never materialized. At every moment that I received information that The Correction budget is at 100 percent of what they the economy was under-performing, I immediately took action. received last year, because of the sheer size of the prison In August and November, I ordered holdbacks totaling $55 population and the costs of incarceration. Unfortunately, this is million. one of our growth industries. Any further cuts here go directly into removing substance abuse treatment and education. Then, in December, with further bad news, I requested that we not make this year’s transfer of approximately $20 million If we do that, we’re back to simply warehousing individuals, into the budget stabilization fund. and we will see them continually return to prison – driving up the costs in the future. I must affirm to you that it is absolutely necessary for us to make these holdbacks permanent, and that the budget stabilization The Public Schools’ budget is at 100 percent -- $933 million fund transfer not be made. – but we are relying on some one-time money to get them there.

Even with these actions, it still leaves us with a zero balance Last session, K-12’s original appropriation of $933 million at the end of 2002, and no extra money to carry us into 2003. was a healthy 6.8 percent increase – one that we all supported because of our commitment to education. And with six months of actual revenue collections still to come, there is no guarantee that we are out of the woods yet. But when the revenues didn’t materialize as expected, and I Even with anticipated revenue growth of 4.3 percent next announced the holdbacks, public schools still ended up with a 4.3 year, our increasing inmate population and increasing Medicaid percent increase in funding over the prior year. caseload will consume most of any new money we are projecting for FY 2003. Our school children are absolutely a priority and, still, many districts were able to do their part to find cost savings early in the That doesn’t leave any money to recommend a salary year. I am not going to ask districts to do more than they have increase for state employees. already done. [January 9, 2002 SENATE JOURNAL 17

My budget recommends that this year’s public school In the event additional funds are needed, I have earmarked holdback of 2.5 percent be made permanent. I truly wish it were the remaining $3 million from the Capitol restoration project for otherwise. this purpose and placed it in the Public Schools budget.

Many school districts have their own rainy day funds. This If that $3 million is not needed for the School Safety Fund, is a rainy day, and local districts will need to use some of their then at the end of Fiscal Year 2003, it will be distributed to the reserves -- just as I am recommending the use of $20 million public schools under the same methodology used to distribute the from the state’s reserves this year. remaining year-end balance.

I am recommending that we maintain the 4.3 percent The Capitol Commission is already working with a increase for education in this current year, and, for ‘03, use one- contractor on a top-to-bottom review of the costs of the Capitol time money from the budget stabilization fund and other sources renovation project. Just as I have asked every state agency, I’d to again hit $933 million for public schools. like the Capitol Commission to consider some cost savings to this important and necessary project. This requires a transfer of $26 million from the budget stabilization fund into the General Fund for the public schools The restoration remains on schedule. And, the anticipated budget for 2003 to meet the needs of our students in the coming costs of moving the tenants out of this building into temporary year. facilities during the restoration are provided in the Public Works operating budget for FY 2003. That leaves a $26 million balance in the budget stabilization fund – which, given the current economic uncertainty, is as low To address current year budget shortfalls, many other states as I believe we should draw this fund at this time. are eliminating all construction projects. I have resisted that measure for several reasons. Included as part of that $933 million is $4 million for Accountability and Assessment Standards. The State Board of Last year, I recommended, and you approved, public works Education will continue their efforts to meet full implementation projects on every college and university campus in this state. of assessment standards by 2005. Along with building other necessary state facilities, we were investing $65 million to help build buildings, create jobs, and Higher education is sharing in our financial challenges and infuse dollars back into local economies throughout the state. it is an invaluable asset to the educational environment and to the entire state of Idaho. We have great faculty and great leaders in And it’s working. In fact, we’re getting more bids than our colleges and universities, and our greatest assets are the anticipated at lower rates. But, like the Capitol restoration students. project, I want the Permanent Building Fund to also do its part in this difficult budget year. I will continue to serve those students by recommending the continuation of the Promise Scholarship program by adding $3 Last year, we set aside $11 million to build 400 additional million to fully support the second year of the program. With beds for female offenders. Since that time, the Department has over five thousand students enrolled thus far, this program is advised me of unanticipated costs of the project that make the essential for higher education and economic development. initial plan unrealistic. In addition, the Department has just completed a study of our female offender population that suggests As you know, we set aside $32 million in one-time funding that more than 50 percent of the offenders are from the Treasure last session to cover half of the $64 million cost of renovating this Valley area. Based on these developments, Correction Director magnificent statehouse. Tom Beauclair recommended I revisit the original $11 million Given the fact that every state agency is being asked to step project. to the plate and do their part during these difficult economic times, so, too, must the Capitol Commission. Based on his recommendation and our current budget situation, I am now proposing to reduce the appropriation for this My budget recommends that we take $6.4 million out of the Capitol renovation money already set aside and use that to help project to $4 million. With this funding, we will build 100 new school districts with critical safety needs. community custody beds in the Treasure Valley – while still providing the substance abuse, education, and job training Last year, House Bill 315 provided $10 million for the programs these women need. School Safety Fund to help pay the interest for school districts that passed levies for new facilities. With my goal of keeping these women close to home and The districts with the most critical needs have already taken close to their families and children, I believe this is a prudent advantage of this opportunity. And, in fact, the Troy and approach. Wallace School Districts – which had sued the state – have now withdrawn from the lawsuit. In addition, the Department will use federal grant funds to $3.4 million of the money transferred out of the Capitol renovate an existing facility to provide 100 beds for male Commission project will go directly to the School Safety Fund. offenders. It is anticipated that this amount should cover the districts with the greatest immediate needs until a follow-on plan for school Also, I am proposing that the state take the next step in facilities is approved. dealing with the issue of substance abuse. 18 SENATE JOURNAL January 9, 2002]

Last year, with your support, we expanded substance abuse Here is another factor: the prescription drug benefit for treatment programs in our prisons, provided additional funding those on Medicaid is absolutely unlimited. I recommend that we for community-based treatment for those outside of prison, and tighten the prescription drug system by requiring prior began to implement drug courts in every judicial district. authorization when there are more than four prescriptions being used at one time. I am now proposing to use $300,000 in federal funds to fill another gap in our substance abuse system – the need for We will also require Medicaid recipients to use their transitional or halfway house programming for those coming out prescriptions before seeking re-fills, exactly as the private sector of prison. has done for years.

We also need to continue our work with juveniles. Each For example, someone who has a prescription with two year, counties receive block grant funds for juvenile probation refills may, under our current Medicaid rules, fill a prescription and parole, as well as treatment programs. These funds are today at one pharmacy, tomorrow at another pharmacy and on distributed on a population basis. Friday at a third pharmacy.

The impact of the 2000 census will cause some counties to Most private health care programs require you to wait until win or lose this critical funding. In order to maintain the you’ve used 70, 80, or even 90 percent of your prescription, viability of the programs currently in place to deal with these before seeking a refill. The state must adopt the best practices of troubled youth, I am proposing a $300,000 block grant funding the private sector in order to stem the growth of the system. increase to basically keep the counties whole. Let me be clear, this does not eliminate anyone’s access to Families, children and senior citizens must remain the top medically necessary drugs. Everyone on Medicaid who needs a priority for the Department of Health and Welfare and budget prescription will have access through his or her doctor, and when decisions will reflect that commitment. medically necessary, beyond the four prescriptions.

In all, Health and Welfare’s total ’03 budget will adequately I fully realize there are senior citizens, who may, because of provide essential services for those in need. I have said that we their conditions have five, six, or seven drugs. That’s fine. will not cut Medicaid. But we must be vigilant in slowing its We’re simply saying that after the fourth one, you need to get the growth. Over the last two years, we have seen Medicaid grow at appropriate authorization. rates of 16 and 25 percent. Today, incorporating practical solutions, we can reduce this rate of growth. Who will this affect? It will affect those who abuse the system. Those who move from doctor to doctor shopping for At the same time, we must improve the quality of care we drugs. Those who stock-pile their prescriptions and then allow provide through the system. My recommendations provide the them to go unused. Those who seek narcotics to sell on our necessary tools to do both. streets will no longer have an unlimited supply.

Medicaid was designed to be a safety net for our most needy Another way to help contain Medicaid costs is to align our citizens. Its clients are the elderly, children, the disabled, and reimbursement rates with those of Medicare. In some cases, the pregnant women. It’s a system that provides care when there are state pays five times more than the federal government for the no other options. We must be mindful of this as we begin to look same procedure. for solutions to this difficult problem. There are also areas where reimbursement rates will I propose we expand our effective Healthy Connections increase. Access to primary care for children and psychiatric program to most Medicaid recipients throughout the state. care for the mentally ill will improve as rates are realigned. Healthy Connections helps to strengthen the doctor-patient bond. This relationship opens the line of communication and allows We must do a better job of managing the use of Medicaid doctors to treat problems before they result in a costly visit to the services. In partnership with hospitals, we will conduct more emergency room. timely reviews of inpatient services, including length-of-stay for our recipients. For the individual on Medicaid, this will enhance their This is not only a win for the state; it is a win for hospitals medical care. through reduced denial of claims.

There is a financial benefit to this program, too. On As I have mentioned, there will be a 6 percent increase in average, there is a cost savings of almost $400 per recipient each the Medicaid budget. If we enact these measures now, we will year. With more than 20,000 new people expected to come onto reduce what would have been more than a $30 million increase Medicaid’s rolls in the next 12 months, that savings will be to a more manageable $15 million increase. significant. If we do nothing, we will see costs continue to spiral out of control. We will see Medicaid growth that continues to outpace Like many states, prescription drugs are quickly becoming that of education and economic development. We will further our single largest Medicaid expense. Prescriptions are expected compound budget problems for the state. to cost almost 40 percent more this year than they did two years ago. Now is the time to be diligent. Now is the time to act. [January 9, 2002 SENATE JOURNAL 19

On Monday, I talked about the vision we had – even before It is not without challenges. There was nothing easy about the national recession began – to put in place aggressive assembling this budget. economic development tools. I shared with you a long list of accomplishments that demonstrate these tools do work. It was not easy to propose Medicaid reforms.

My budget keeps this vision intact. We have included $3.5 It was not easy to find money to ensure that we are million in the Department of Commerce’s budget to continue continuing to properly educate our children. these innovative economic development measures – which position Idaho to bounce back quickly from the national It was not easy to find base reductions in agencies and recession. programs that have built up constituencies over the years.

We must also be innovative and aggressive in the areas of But we are not immune from what is happening around us. agriculture and natural resources. We have accommodated the revenue picture and adjusted our We have received over four million dollars in federal grants spending plan accordingly. to help specialty crop producers in Idaho. We’ve made cutbacks where we could; made transfers from These one-time funds will help boost Idaho’s struggling rural fund balances where available; reduced supplemental funding economy as we work with our farmers, ranchers, and producers. requests to a manageable level. Our approach includes allocations for testing seed potatoes, research into alternative crops, and food safety issues. All without seeking tax increases to balance the budget.

Our new competitive grant program will directly address the Winston Churchill once said, “The pessimist sees difficulty challenges facing an industry that contributes approximately 20 in every opportunity. The optimist sees the opportunity in every percent to our state’s economy. difficulty.”

Idaho is taking the lead in the battle against noxious weeds I am an optimist. I am also a realist. The realist in me and invasive species. To address this concern, I issued an recognizes the difficulties that the current economic situation has executive order creating the Idaho Invasive Species Council. We created. The optimist in me says that together, we can work have received over $2 million from the federal government to through these difficulties to create a better Idaho. fight the spread of noxious weeds. Thank you. My budget recommendations also include funding for the Department of Lands to better manage the state’s forests, which The Speaker thanked Governor Kempthorne for his message. will result in reduced fire suppression costs in the future -- while simultaneously providing for healthy forests. The committee came forward and escorted the Governor from the House Chamber to the House Gallery. The Department of Water Resources budget also provides $400,000 for the third phase of updating the Eastern Snake Plain On motion by Representative Bruneel, seconded by Aquifer Model. Representative Jaquet, by voice vote the Budget Address was ordered spread upon the pages of the Senate and House Journals. Let me now turn to an invaluable resource, the people that proudly serve their fellow citizens as state employees. These At this time Representative Gould arose on a point of men and women are working day in and day out to ensure that we personal privilege to introduce Chief Justice Linda Copple Trout continue to provide essential services during difficult economic who delivered the following “State of the Judiciary Message” times. to the Joint Session:

As with so many businesses, corporations, and farms Governor Kempthorne, Mr. Speaker, Mr. President, my throughout the state and the nation, salary increases will not colleagues on the Supreme Court, judges of the Court of Appeals, occur this year. This will also be the case with Idaho state constitutional officers, and distinguished members of the Senate government. This is only a reflection of the economy, not on the and House of Representatives of the Second Regular Session of worth of our employees. It’s at times like these that we realize the 56th Idaho Legislature: that they truly exemplify public service. It is one of the great honors and significant responsibilities I have recommended that the pay scale for employees be as Chief Justice that I undertake every winter to come to this advanced in order to allow competitive salaries with our private historic chamber and represent to you the views, the aspirations, sector counterparts. Agencies will need to generate savings in and the concerns of my colleagues in the judicial branch. This order to provide any new salary increases. year the occasion is made all the more significant by the presence My budget does include funding to help cover the rising cost of the Governor and other state elected officials. Appreciative, of health insurance for state employees. as I am, of the opportunity to speak to all of you at one time in this joint session, I am also mindful of the time you have been Ladies and Gentlemen, I present to you a budget that is sitting here and that it is lunchtime, and can assure you I will be balanced. brief. 20 SENATE JOURNAL January 9, 2002]

Monday evening you heard from the Governor on his health and substance abuse counselors, and representatives from priorities for the coming year, and a few moments ago you heard law enforcement reviewed the daily schedule of the defendants his proposals on how those might be accomplished. This and determined whether the defendants had met each of their tradition of sharing our views with you speaks to both the requirements, including drug testing, and what the next steps separations of power between our branches of government, and should be. I suspect the young man who didn’t get to go home to the expectations the people have that all three branches will for Christmas learned a very difficult but important lesson about work together in the common interest, always striving for the meeting the judge’s expectations. And we should all feel good betterment of life in our wonderful state. about the pregnant mother about to give birth to a drug-free baby. Judge Moss, like the other judges I observed handling drug This year we meet at a time of trial for Idaho and for courts, has the right mixture of genuine concern and no nonsense America. We meet at a moment when constraint in our fiscal which seems to strike a chord with people for whom little has affairs demands a tough accounting of our priorities. But, we gone right in the past. also meet together to renew our commitment to candor in our dealings, cooperation in our shared duties, and concern for the Judge Monte Carlson in the Fifth District presides over drug best interests of the people of Idaho. courts in Twin Falls and Cassia Counties. In Judge Carlson’s words: “Even our failures are successes.” Even the people who Over the last few months, I have once again had the pleasure cannot complete the rigors of drug court, are nevertheless kept of traveling throughout Idaho to visit with judges, other elected drug free and out of prison for some period of time, and are officials, court employees, and members of the public to talk treated for their addiction while they participate in drug court. about what is happening in their local courts. As I discovered a At a cost of $11.00 per day, time spent in drug court is few years ago, Idaho is rich with warm and caring people and significantly cheaper than the estimated minimum cost of $43.00 beautiful scenery, although I’ll admit to missing some of that per day to house someone in prison. while crossing Gilmore Pass in a blinding snowstorm on the way to Salmon. One of the longest operating drug courts, which as a result has the most statistical information about drug court participants, The specific purpose of my recent travels was to see first is the Ada County drug court. To date, 86 people have hand the progress made in the expansion of our drug courts and graduated from the drug court, representing on average 16 ½ family and children’s services statewide. With the support of the years of drug use and $100 a day spent on their drug habit. At Governor, you adopted legislation last session which set forth graduation, they averaged an increase of $11,000 per year in strong policy in both of those areas, and you appropriated funds income from the time they entered the drug court. 93% of the to make those policies a reality. Today, I want to tell you what graduates have not committed further crimes. It’s also important has been accomplished and to encourage you to make these a to note that the Ada County Drug Court has collected $154,000 priority, even in difficult economic times. in fees, so the drug court participants are helping to pay their own way. We now have drug courts operating in each of Idaho’s seven judicial districts, and in several districts, multiple courts are These are very worthwhile courts – and the judges will tell running. In all, there are 17 drug courts with 10 more starting up you they work. I have spoken in the past about the changes I this month. Of those operating, 8 are felony drug courts, 6 are have seen in the ways courts do their business. No longer misdemeanor or DUI courts, and 3 are juvenile drug courts. 769 engaged in simply dispute resolution, judges today spend an defendants have participated in drug courts since their inception, unprecedented amount of time and energy in solving the deeper with 387 defendants currently under supervision. issues driving crime in today’s society. I cannot thank the judges enough for their willingness to experiment and innovate to stop In Kootenai County, in addition to a felony drug court, they the revolving door of substance abuse, family violence, and are experimenting on a pilot basis with DUI defendants in a court crime. I appreciate Governor Kempthorne’s strong endorsement presided over by attorneys who volunteer their time as judges. and your support of the judges’ efforts, and I hope you will find Drunk drivers who are facing a second conviction may qualify for these to be a priority. this court – people who have demonstrated a serious drinking problem who are likely headed for long-term incarceration. The results so far are encouraging, and the willingness of attorneys to I also want to mention the efforts ongoing to help families volunteer their time is very gratifying. And who can fail to and children who find themselves involved in the court system. appreciate the possibility of receiving a “Mr. Goodbar” candy Because of your appropriation last year, we now have family bar for good progress, or a “Rocky Road” candy bar when services coordinators in most of our judicial districts. The goal actions fall short. of Coordinated Family Services is to provide families with alternatives to litigation, harmful conflict and fighting, and move In Bannock County, Judge Bryan Murray presides over a cases through the court system efficiently with an emphasis on the juvenile drug court, which handles not only juveniles with best interests of the children. substance abuse problems, but also involves their parents when they have substance abuse problems. In his experience, kids often obtain illegal substances from their parents. Thus, it only During the last year in the Seventh District alone, 791 makes sense to involve the parents, so juveniles have a fighting divorcing parents completed the Focus on Children class which chance to live clean and sober. educates parents on the impact of divorce on their children. A total of 1,513 children under the age of 18 were affected by those In the Seventh District, Judge Brent Moss has presided over divorces. Why is this important? It is no secret that children a felony drug court since March, 2000. While it’s still too early who come from families torn apart by a high conflict divorce or to have long-term statistics about success, the impact on peoples’ other traumatic experience, will often themselves turn to lives is unmistakable. I listened as the probation officers, mental substance abuse and crime as a means of coping with their lives. [January 10, 2002 SENATE JOURNAL 21

Those are the same children who end up incarcerated in On motion by Representative Bruneel, seconded by juvenile correction centers, county jails, and prisons, or who may Representative Jaquet, the Joint Session was dissolved. be offered the salvation of a drug court. The judiciaries’ efforts with regard to drug courts and family and children’s services go The appointed committee came forward and escorted the hand-in-hand. They are part of a continuum of interventions and Senators from the House Chamber. alternatives whose ultimate purpose is to keep people out of the prison system. Our priority must be our children and their The members of the Senate returned to the Senate Chamber. future. On request by Senator Risch, granted by unanimous consent, Also as a result of your legislative policy and appropriation the State of the Judiciary Address was ordered spread upon the to improve access to the courts, we have seen an expansion in the pages of the Senate Journal. number of Court Assistance Offices during the last year. Over half of the counties are now served by a Court Assistance officer On request by Senator Risch, granted by unanimous consent, who can answer questions and make referrals for those people the Senate advanced to the Fifteenth Order of Business. coming into the court system not represented by an attorney. Miscellaneous Business Last year, approximately 12,000 people were served by these Offices statewide; people who likely would otherwise have On motion by Senator Risch, seconded by Senator Marley, had nowhere to turn. In these difficult economic times, when by voice vote the Senate adjourned at 12:10 p.m. until the hour people are losing jobs and facing mounting fiscal and emotional of 11:30 a.m., Thursday, January 10, 2002. burdens, we expect to see even more people needing the critical services of the Court Assistance Offices. JACK RIGGS, President

I also want to just mention that significant progress has been Attest: JEANNINE WOOD, Secretary made in efficiently handling an increasing number of court cases through the use of senior judges, expanding juvenile prevention ______and diversion programs, assisting jurors, reducing delays for children in foster care, and improving technology in the courts. The judges continue to seek out efficient and cost-effective ways to serve our citizens. FOURTH LEGISLATIVE DAY THURSDAY, JANUARY 10, 2002 Finally, let me talk about the budget holdbacks. Because much of the Court’s budget is fixed expense for positions created and salaries set by the legislature, we turned to the operating and Senate Chamber capital expenses in our budget and held back 10% of those dollars. To hold back that much, we limited dramatically court improvement efforts of all kinds, including those relating to the President Riggs called the Senate to order at 11:30 a.m. rules which govern Idaho courts, and we eliminated the annual judicial conference and the Family and Children’s Institute. Roll call showed all members present except Senator Because we delayed or reduced other significant expenditures and Branch, absent and formally excused by the Chair; and Senators utilized one-time cost savings, we were able to make cuts without Cameron and Schroeder, absent and excused. impacting drug courts or family and children’s services. The drug courts and the services to families came about through Prayer was offered by Chaplain C. Leon Johnson. policies adopted by you and we await your direction on the steps we should take in the future. We believe our efforts reduce costs The Senate advanced to the Third Order of Business. overall, but it is for you to determine what the policy priorities and funding levels should be. Reading and Correction of the Journal In conclusion, I would like to thank you for the excellent relationship between Governor Kempthorne and the executive Senator Schroeder was recorded present at this order of branch, the legislature, and the judges in Idaho. We have worked business. together, in partnership, to bring about innovations which are having a dramatic impact on the lives of many Idahoans, reducing The JUDICIARY AND RULES Committee reports that the the population in jails and prisons, reducing alcohol and drug Senate Journal of the proceedings of January 9, 2002, was read abuse among adult and juvenile offenders, and protecting children and approved as corrected. from abuse and neglect. I am confident that with our strong working relationship, we will continue to provide a court system DARRINGTON, Chairman which is envied nationally. Thank you for this opportunity to meet with all of you and I look forward to working together in There being no objection, the report was adopted and the future. ordered filed in the office of the Secretary of the Senate. On request by Senator Risch, granted by unanimous consent, The Speaker thanked Chief Justice Trout for her remarks. the Senate advanced to the Eighth Order of Business.

The committees came forward and escorted the Governor, Messages from the Governor the Supreme Court Justices, Appellate Court Judges, and the elected officials to their chambers and offices respectively, and Senator Cameron was recorded present at this order of were, on their return, thanked and discharged by the Speaker. business. 22 SENATE JOURNAL January 10, 2002]

December 28, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Lee Periman of Post Secretary of the Senate. Falls, Idaho, was appointed as a member of the Idaho Bingo- Raffle Advisory Board to serve a term commencing October 23, The Gubernatorial appointment was referred to the State 2001, and expiring January 7, 2004. Affairs Committee.

This appointment was made subject to confirmation by the December 28, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Ruthie Johnson of Hayden Lake, Idaho, was appointed as a member of the Idaho The Gubernatorial appointment was referred to the State Commission on Human Rights to serve a term commencing Affairs Committee. December 19, 2001, and expiring July 1, 2002.

December 28, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Thomas J. Hearn of Secretary of the Senate. Coeur d’Alene, Idaho, was appointed as a member of the Idaho Sexual Offender Classification Board to serve a term commencing The Gubernatorial appointment was referred to the State January 1, 2002, and expiring January 1, 2008. Affairs Committee.

This appointment was made subject to confirmation by the July 19, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Bud Tracy of Malta, Idaho, was appointed as a member of the Idaho State Building The Gubernatorial appointment was referred to the Judiciary Authority to serve a term commencing January 1, 2001, and and Rules Committee. expiring January 1, 2006.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Clarisse Maxwell of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Idaho Commission on Human Rights to serve a term commencing July The Gubernatorial appointment was referred to the State 1, 2001, and expiring July 1, 2004. Affairs Committee. [January 10, 2002 SENATE JOURNAL 23

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Patricia J. Story of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Idaho State Building Authority to serve a term commencing January 1, 2001, The Gubernatorial appointment was referred to the and expiring January 1, 2006. Education Committee.

This appointment was made subject to confirmation by the December 12, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Laird B. Stone of Twin Falls, Idaho, was appointed as a member of the State Board of The Gubernatorial appointment was referred to the State Education to serve a term commencing December 11, 2001, and Affairs Committee. expiring March 1, 2003.

December 28, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that J. Philip Reberger of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Idaho State Building Authority to serve a term commencing January 1, 2002, The Gubernatorial appointment was referred to the and expiring January 1, 2007. Education Committee.

This appointment was made subject to confirmation by the December 12, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that John X. Combo of Idaho Falls, Idaho, was appointed as a member of the Idaho The Gubernatorial appointment was referred to the State Transportation Board to serve a term commencing January 31, Affairs Committee. 2002, and expiring January 31, 2008.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Paul Agidius of Secretary of the Senate. Moscow, Idaho, was appointed as a member of the State Board of Education to serve a term commencing May 11, 2001, and The Gubernatorial appointment was referred to the expiring March 1, 2006. Transportation Committee. 24 SENATE JOURNAL January 10, 2002]

October 4, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that William D. Mitchell of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Endowment Fund Investment Board to serve a term commencing April 11, The Gubernatorial appointment was referred to the State 2001, and expiring April 11, 2005. Affairs Committee.

This appointment was made subject to confirmation by the July 31, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Dr. J. Kirk Sullivan of Boise, Idaho, was appointed as a member of the Public Employee The Gubernatorial appointment was referred to the Retirement System of Idaho Board to serve a term commencing Commerce and Human Resources Committee. July 1, 2001, and expiring July 1, 2006.

October 4, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Parker G. Woodall of Secretary of the Senate. Coeur d’Alene, Idaho, was appointed as a member of the Endowment Fund Investment Board to serve a term commencing The Gubernatorial appointment was referred to the April 11, 2001, and expiring April 11, 2005. Commerce and Human Resources Committee.

This appointment was made subject to confirmation by the July 31, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Nancy H. Hadley of Sandpoint, Idaho, was appointed as a member of the Idaho Fish The Gubernatorial appointment was referred to the and Game Commission to serve a term commencing June 30, Commerce and Human Resources Committee. 2001, and expiring June 30, 2005.

August 8, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Lois Bauer of Boise, Secretary of the Senate. Idaho, was appointed Director of the Idaho Office on Aging to serve a term commencing July 11, 2001, and expiring at the The Gubernatorial appointment was referred to the pleasure of the Governor. Resources and Environment Committee. [January 10, 2002 SENATE JOURNAL 25

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Del Ray Holm of Secretary of the Senate. Roberts, Idaho, was appointed as a member of the Idaho Commission on Pardons and Parole to serve a term commencing The Gubernatorial appointment was referred to the January 1, 2001, and expiring January 1, 2004. Resources and Environment Committee.

This appointment was made subject to confirmation by the July 19, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Joseph L. Jordan of Fruitvale, Idaho, was appointed as a member of the Idaho Water The Gubernatorial appointment was referred to the Judiciary Resource Board to serve a term commencing January 1, 2001, and Rules Committee. and expiring January 1, 2005.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Terry T. Uhling of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Idaho Water Resource Board to serve a term commencing January 1, 2001, The Gubernatorial appointment was referred to the and expiring January 1, 2005. Resources and Environment Committee.

This appointment was made subject to confirmation by the July 19, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Gary Chamberlain of Challis, Idaho, was appointed as a member of the Idaho Water The Gubernatorial appointment was referred to the Resource Board to serve a term commencing April 3, 2001, and Resources and Environment Committee. expiring January 1, 2003.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Claude Storer of Idaho Secretary of the Senate. Falls, Idaho, was appointed as a member of the Idaho Water Resource Board to serve a term commencing January 1, 2001, The Gubernatorial appointment was referred to the and expiring January 1, 2005. Resources and Environment Committee. 26 SENATE JOURNAL January 10, 2002]

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Judi Danielson of Secretary of the Senate. Council, Idaho, was appointed as a member of the Pacific Northwest Electric Power and Conservation Planning Council to The Gubernatorial appointment was referred to the serve a term commencing May 14, 2001, and expiring January Resources and Environment Committee. 31, 2004. July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President:

The correspondence was ordered filed in the office of the I have the honor to inform you that Oscar R. Steinley of Secretary of the Senate. Dalton Gardens, Idaho, was appointed as a member of the Idaho State Racing Commission to serve a term commencing May 1, The Gubernatorial appointment was referred to the 2001, and expiring January 1, 2007. Resources and Environment Committee. This appointment was made subject to confirmation by the July 19, 2001 Senate. Notice of appointment is hereby given.

The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor

Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Teresa Deshon of Sandpoint, Idaho, was appointed as a member of the Idaho State The Gubernatorial appointment was referred to the State Lottery Commission to serve a term commencing January 1, Affairs Committee. 2001, and expiring January 1, 2006. July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Carolyn Hunt of Mountain Home, Idaho, was appointed as a member of the Idaho The Gubernatorial appointment was referred to the State State Racing Commission to serve a term commencing May 11, Affairs Committee. 2001, and expiring January 1, 2007.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that C. Wayne Hunsucker of Secretary of the Senate. Boise, Idaho, was appointed as a member of the Idaho Outfitters and Guides Licensing Board to serve a term commencing April The Gubernatorial appointment was referred to the State 20, 2001, and expiring April 20, 2004. Affairs Committee. [January 10, 2002 SENATE JOURNAL 27

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that David Kinghorn of Secretary of the Senate. Lewisville, Idaho, was appointed as a member of the Idaho Board of Tax Appeals to serve a term commencing June 30, 2001, and The Gubernatorial appointment was referred to the expiring June 30, 2004. Transportation Committee.

This appointment was made subject to confirmation by the July 19, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that C. Kelly Pearce of Boise, Idaho, was appointed as a member of the Idaho The Gubernatorial appointment was referred to the Local Commission for the Blind and Visually Impaired to serve a term Government and Taxation Committee. commencing July 1, 2001, and expiring July 1, 2004.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Helen McKinney of Secretary of the Senate. Caldwell, Idaho, was appointed as a member of the Idaho Judicial Council to serve a term commencing June 30, 2001, and expiring The Gubernatorial appointment was referred to the Health June 30, 2007. and Welfare Committee.

This appointment was made subject to confirmation by the June 27, 2001 Senate. Notice of appointment is hereby given. The Honorable Jack Riggs Sincerely, President of the Senate /s/ Dirk Kempthorne Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that Bert Henriksen of Lewiston, Idaho, was appointed as a member of the Idaho Board The Gubernatorial appointment was referred to the Judiciary of Health and Welfare to serve a term commencing January 1, and Rules Committee. 2001, and expiring January 1, 2005.

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that William R. Parish of Secretary of the Senate. Moscow, Idaho, was appointed as a member of the Idaho Aeronautics Advisory Board to serve a term commencing January The Gubernatorial appointment was referred to the Health 31, 2001, and expiring January 31, 2004. and Welfare Committee. 28 SENATE JOURNAL January 11, 2002]

June 15, 2001 Roll call showed all members present except Senators Bunderson and Sorensen, absent and excused. The Honorable Jack Riggs President of the Senate Prayer was offered by Chaplain C. Leon Johnson. Idaho Legislature The Senate advanced to the Third Order of Business. Dear Mr. President: Reading and Correction of the Journal I have the honor to inform you that Thomas E. Limbaugh of Fruitland, Idaho, was appointed as a member of the Idaho The JUDICIARY AND RULES Committee reports that the Industrial Commission to serve a term commencing July 8, 2001, Senate Journal of the proceedings of January 10, 2002, was read and expiring January 1, 2007. and approved as corrected.

This appointment was made subject to confirmation by the DARRINGTON, Chairman Senate. Notice of appointment is hereby given. There being no objection, the report was adopted and Sincerely, ordered filed in the office of the Secretary of the Senate. /s/ Dirk Kempthorne Governor On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The correspondence was ordered filed in the office of the Secretary of the Senate. Messages from the House

The Gubernatorial appointment was referred to the January 11, 2002 Commerce and Human Resources Committee. Mr. President: The Senate advanced to the Ninth Order of Business. I transmit herewith Enrolled HCR 38 for the signature of the Messages from the House President.

January 9, 2002 JUKER, Chief Clerk

Mr. President: The President signed Enrolled HCR 38 and ordered it returned to the House. I transmit herewith Enrolled HCR 37 for the signature of the President. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. JUKER, Chief Clerk Introduction, First Reading, and Reference of Bills, The President signed Enrolled HCR 37 and ordered it House Petitions, Resolutions, and Memorials returned to the House. S 1276 On request by Senator Risch, granted by unanimous consent, BY TRANSPORTATION COMMITTEE the Senate advanced to the Fifteenth Order of Business. AN ACT RELATING TO THE IDAHO SNOWSKIER LICENSE Miscellaneous Business PLATES; AMENDING SECTION 49-419, IDAHO CODE, TO On motion by Senator Risch, seconded by Senator Stennett, DELETE REFERENCE TO THE 2002 OLYMPIC WINTER by voice vote the Senate adjourned at 11:50 a.m. until the hour GAMES STRATEGY PROGRAM AND TO PROVIDE THAT of 11 a.m., Friday, January 11, 2002. ANY MONEYS EXPENDED BY THE DEPARTMENT OF COMMERCE FOR PROMOTION OF IDAHO'S SKI JACK RIGGS, President INDUSTRY SHALL BE DONE IN CONSULTATION WITH THE IDAHO SKI AREA ASSOCIATION; DECLARING AN Attest: JEANNINE WOOD, Secretary EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. ______S 1277 BY TRANSPORTATION COMMITTEE FIFTH LEGISLATIVE DAY AN ACT FRIDAY, JANUARY 11, 2002 RELATING TO COMMERCIAL DRIVER'S LICENSE DISQUALIFICATION AND PENALTIES; AMENDING SECTION 49-335, IDAHO CODE, TO PROVIDE FOR Senate Chamber DISQUALIFICATION OF A COMMERCIAL MOTOR VEHICLE OPERATOR IF THE OPERATOR IS CONVICTED President Riggs called the Senate to order at 11 a.m. OF VIOLATING FEDERAL REGULATIONS OR STATE [January 14, 2002 SENATE JOURNAL 29

LAWS ON RAILROAD GRADE CROSSINGS; AND On request by Senator Risch, granted by unanimous consent, AMENDING SECTION 49-337, IDAHO CODE, TO PROVIDE the Senate advanced to the Fifth Order of Business. FOR THE IMPOSITION OF A FIXED PENALTY UPON AN EMPLOYER WHO IS CONVICTED OF KNOWINGLY Petitions, Resolutions, and Memorials ALLOWING, PERMITTING, REQUIRING OR SR 103 AUTHORIZING AN EMPLOYEE OPERATING A BY STATE AFFAIRS COMMITTEE COMMERCIAL MOTOR VEHICLE TO VIOLATE FEDERAL A SENATE RESOLUTION REGULATIONS OR STATE LAWS ON RAILROAD GRADE ESTABLISHING RATES OF COMPENSATION FOR CROSSINGS AND TO MAKE TECHNICAL CORRECTIONS. EMPLOYEES OF THE SENATE.

S 1276 and S 1277 were introduced, read the first time at Be It Resolved by the Senate of the State of Idaho: length, and referred to the Judiciary and Rules Committee for printing. WHEREAS, Senate Rule 7(C) provides that the compensation of employees of the Senate shall be fixed by resolution of the Senate. Senators Bunderson and Sorensen were recorded present at NOW, THEREFORE, BE IT RESOLVED by the members this order of business. of the Senate, assembled in the Second Regular Session of the Fifty-sixth Idaho Legislature, that the compensation of the On request by Senator Risch, granted by unanimous consent, various officers and employees of the Senate of the Second the Senate advanced to the Fifteenth Order of Business. Regular Session of the Fifty-sixth Idaho Legislature be fixed as follows: Miscellaneous Business 1. Secretary of the Senate ...... $20.49 hourly 2. Assistant Secretary of the Senate ... $14.35 hourly 3. Sergeant at Arms, Docket Clerk, Journal Clerk, On motion by Senator Risch, seconded by Senator Dunklin, Secretary to the Secretary of the Senate .. $12.64 hourly by voice vote the Senate adjourned at 11:10 a.m. until the hour Provided, however, that any person who is serving in their of 11:30 a.m., Monday, January 14, 2002. second year of such service shall be paid the hourly rate of $12.96; and further provided that any person who is serving in JACK RIGGS, President their third year of such service shall be paid the hourly rate of $13.43; and further provided that any person who is serving in Attest: JEANNINE WOOD, Secretary their fourth or subsequent year of such service shall be paid the hourly rate of $13.91. 4. Assistant to Assistant Majority Leadership and Caucus ______Chairman, Assistant to Minority Leadership, Minority Leadership Staff Assistant, Assistant Sergeant at Arms, Research Assistant Secretary, Secretary to State Affairs Committee, Secretary to Finance Committee, Secretary to EIGHTH LEGISLATIVE DAY Judiciary and Rules Committee, Secretary to Health and MONDAY, JANUARY 14, 2002 Welfare Committee, Secretary to Education Committee, Secretary to Agricultural Affairs Committee, Secretary to Commerce and Human Resources Committee, Secretary to Resources and Environment Committee, Secretary to Local Senate Chamber Government and Taxation Committee, Secretary to Transportation Committee, Pool Secretaries, Chief Mail President Riggs called the Senate to order at 11:30 a.m. Clerk, Lounge Hostesses ...... $10.57 hourly Provided, however, that any person who is serving in their Roll call showed all members present except Senators second year of such service shall be paid the hourly rate of Cameron, Dunklin, Hawkins, Marley, and Sandy, absent and $11.10; and further provided that any person who is serving in excused. their third year of such service shall be paid the hourly rate of $11.36; and further provided that any person who is serving in their fourth or subsequent year of such service shall be paid the Prayer was offered by Chaplain C. Leon Johnson. hourly rate of $11.63. 5. Mail Clerks, Senate Doorkeeper .....$9.43 hourly The Senate advanced to the Third Order of Business. Provided, however, that any person who is serving in their second year of such service shall be paid the hourly rate of $9.89; Reading and Correction of the Journal and further provided that any person who is serving in their third year of such service shall be paid the hourly rate of $10.14; and The JUDICIARY AND RULES Committee reports that the further provided that any person who is serving in their fourth or Senate Journal of the proceedings of January 11, 2002, was read subsequent year of such service shall be paid the hourly rate of $10.36. and approved as corrected. 6. Pages, Messengers ...... $ 5.65 hourly 7. Chaplain ...... $17.45 hourly DARRINGTON, Chairman SR 103 was introduced, read at length, and referred to the There being no objection, the report was adopted and Judiciary and Rules Committee for printing. ordered filed in the office of the Secretary of the Senate. Senators Dunklin and Marley were recorded present at this order of business. Senator Cameron was recorded present at this order of business. The Senate advanced to the Sixth Order of Business. 30 SENATE JOURNAL January 15, 2002]

Reports of Standing Committees ______

January 14, 2002 NINTH LEGISLATIVE DAY The JUDICIARY AND RULES Committee reports that TUESDAY, JANUARY 15, 2002 S 1276 and S 1277 have been correctly printed.

DARRINGTON, Chairman Senate Chamber

S 1276 and S 1277 were referred to the Transportation President Riggs called the Senate to order at 11:30 a.m. Committee. Roll call showed all members present except Senators On request by Senator Risch, granted by unanimous consent, Cameron, Marley, Schroeder, and Stennett, absent and excused. the Senate advanced to the Eleventh Order of Business. Prayer was offered by Chaplain C. Leon Johnson. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The Senate advanced to the Third Order of Business.

S 1278 Reading and Correction of the Journal BY JUDICIARY AND RULES COMMITTEE AN ACT The JUDICIARY AND RULES Committee reports that the RELATING TO THE SEXUAL OFFENDER REGISTRATION Senate Journal of the proceedings of January 14, 2002, was read AND NOTIFICATION ACT; AMENDING SECTION 18-8321, and approved as corrected. IDAHO CODE, TO WITHHOLD CERTAIN DOCUMENTS FROM DISCLOSURE; DECLARING AN EMERGENCY AND DARRINGTON, Chairman PROVIDING RETROACTIVE APPLICATION. There being no objection, the report was adopted and S 1279 ordered filed in the office of the Secretary of the Senate. BY JUDICIARY AND RULES COMMITTEE AN ACT Senator Marley was recorded present at this order of RELATING TO THE SEXUAL OFFENDER REGISTRATION business. NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT; AMENDING SECTION 18-8303, IDAHO CODE, TO On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. PROVIDE A CORRECT CODE CITATION; AMENDING SECTION 18-8312, IDAHO CODE, TO DELETE CODE Reports of Standing Committees CITATIONS WHICH REFER TO SPECIFIC CRIMES AND TO PROVIDE A SINGLE CODE REFERENCE; AND January 15, 2002 AMENDING SECTION 18-8314, IDAHO CODE, TO The JUDICIARY AND RULES Committee reports that PROVIDE AN EXCLUSION TO A CODE CITATION UNDER S 1278, S 1279, and SR 103 have been correctly printed. WHICH A CONVICTION IS CAUSE FOR REVIEW BY THE SEXUAL OFFENDER CLASSIFICATION BOARD. DARRINGTON, Chairman

S 1278 and S 1279 were referred to the Judiciary and Rules S 1278 and S 1279 were introduced, read the first time at Committee. length, and referred to the Judiciary and Rules Committee for printing. SR 103 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. Senator Sandy was recorded present at this order of business. Senator Stennett was recorded present at this order of business. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business.

Miscellaneous Business Messages from the House

On motion by Senator Risch, seconded by Senator Stennett, January 14, 2002 by voice vote the Senate adjourned at 11:55 a.m. until the hour Mr. President: of 11:30 a.m., Tuesday, January 15, 2002. I transmit herewith H 410, H 411, H 407, and H 408 which JACK RIGGS, President have passed the House.

Attest: JEANNINE WOOD, Secretary JUKER, Chief Clerk [January 15, 2002 SENATE JOURNAL 31

H 410, H 411, H 407, and H 408 were filed for first ARBITRATE AND JUDGMENTS ON AWARDS, TO reading. PROVIDE FOR VENUE, TO STATE WHEN AN APPEAL MAY BE TAKEN, TO PROVIDE FOR UNIFORMITY OF On request by Senator Risch, granted by unanimous consent, APPLICATION AND CONSTRUCTION, TO STATE THAT the Senate advanced to the Eleventh Order of Business. THE PROVISIONS OF THE ACT CONFORM WITH CERTAIN REQUIREMENTS OF THE ELECTRONIC Introduction, First Reading, and Reference of Bills, SIGNATURES IN GLOBAL AND NATIONAL COMMERCE House Petitions, Resolutions, and Memorials ACT AND TO PROVIDE FOR A SAVINGS CLAUSE.

S 1280 S 1281 BY JUDICIARY AND RULES COMMITTEE BY JUDICIARY AND RULES COMMITTEE AN ACT AN ACT RELATING TO ARBITRATION; REPEALING CHAPTER 9, RELATING TO THE POSSESSION OR USE OF DRUGS OR TITLE 7, IDAHO CODE; AND AMENDING TITLE 7, DRUG PARAPHERNALIA BY MINORS; AMENDING IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER SECTION 18-1502C, IDAHO CODE, TO CLARIFY THAT 9, TITLE 7, IDAHO CODE, TO DEFINE TERMS, TO CERTAIN PENALTIES RELATING TO THE USE OR PROVIDE FOR NOTICE, TO PROVIDE FOR APPLICATION, POSSESSION OF DRUGS OR DRUG PARAPHERNALIA APPLY ONLY TO PERSONS UNDER 18 YEARS OF AGE. TO PROVIDE FOR THE EFFECT OF AN AGREEMENT TO ARBITRATE, TO SPECIFY WHICH PROVISIONS MAY NOT S 1282 BE WAIVED, TO PROVIDE FOR THE APPLICATION FOR BY JUDICIARY AND RULES COMMITTEE JUDICIAL RELIEF, TO PROVIDE FOR THE VALIDITY OF AN ACT AN AGREEMENT TO ARBITRATE, TO PROVIDE FOR A RELATING TO THE JUVENILE CORRECTIONS ACT; MOTION TO COMPEL OR STAY ARBITRATION, TO SET AMENDING SECTION 20-505, IDAHO CODE, TO CLARIFY FORTH PROVISIONAL REMEDIES, TO PROVIDE FOR THE THE JURISDICTION FOR JUVENILE VIOLATORS AGED INITIATION OF ARBITRATION, TO PROVIDE FOR THE FOURTEEN YEARS OR YOUNGER FOR CERTAIN CONSOLIDATION OF SEPARATE ARBITRATION VIOLATIONS. PROCEEDINGS, TO PROVIDE FOR THE APPOINTMENT S 1283 OF AN ARBITRATOR, TO REQUIRE A NEUTRAL BY JUDICIARY AND RULES COMMITTEE ARBITRATOR, TO PROVIDE FOR DISCLOSURE BY AN AN ACT ARBITRATOR, TO REQUIRE ACTION BY A MAJORITY OF RELATING TO UNIFORM CONTROLLED SUBSTANCES; ARBITRATORS IF THERE IS MORE THAN ONE AMENDING SECTION 37-2732B, IDAHO CODE, TO ARBITRATOR, TO PROVIDE THAT AN ARBITRATOR IS CLARIFY THE PENALTY FOR ATTEMPTED IMMUNE FROM CERTAIN LIABILITIES, TO PROVIDE MANUFACTURING OF METHAMPHETAMINE OR THAT AN ARBITRATOR IS NOT COMPETENT TO AMPHETAMINE AND TO MAKE TECHNICAL AND TESTIFY AND MAY NOT BE REQUIRED TO PRODUCE GRAMMATICAL CORRECTIONS. CERTAIN RECORDS EXCEPT IN SPECIFIED SITUATIONS, TO PROVIDE FOR ATTORNEY'S FEES AND COSTS, TO S 1284 BY JUDICIARY AND RULES COMMITTEE SET FORTH THE ARBITRATION PROCESS, TO ALLOW AN ACT FOR LEGAL REPRESENTATION FOR PARTIES TO RELATING TO THE UNLAWFUL POSSESSION OF ARBITRATION PROCEEDINGS, TO PROVIDE FOR FIREARMS; AMENDING SECTION 18-3316, IDAHO CODE, SUBPOENAS, DEPOSITIONS, DISCOVERY AND TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON PROTECTIVE ORDERS, TO PROVIDE FOR THE WHO HAS BEEN CONVICTED OF A FELONY TO ENFORCEMENT OF SUBPOENAS AND PURCHASE, OWN, POSSESS, OR HAVE UNDER HIS DISCOVERY-RELATED ORDERS, TO PROVIDE FOR THE CUSTODY OR CONTROL A FIREARM. JUDICIAL ENFORCEMENT OF A PREAWARD RULING BY AN ARBITRATOR, TO PROVIDE FOR AWARDS, TO S 1285 PERMIT THE MODIFICATION OR CORRECTION OF BY JUDICIARY AND RULES COMMITTEE AN ACT AWARDS BY AN ARBITRATOR UNDER CERTAIN RELATING TO STATE EMPLOYEES; AMENDING CIRCUMSTANCES, TO SPECIFY PERMISSIBLE SECTION 67-5303, IDAHO CODE, TO PROVIDE THAT REMEDIES, TO PROVIDE FOR THE AWARD OF FEES EMPLOYEES OF THE IDAHO COURT OF APPEALS ARE AND EXPENSES OF ARBITRATION PROCEEDINGS, TO NONCLASSIFIED EMPLOYEES. PROVIDE FOR THE CONFIRMATION OF AWARDS, TO PROVIDE FOR THE VACATING OF AWARDS, TO S 1286 PROVIDE FOR THE MODIFICATION OR CORRECTION OF BY JUDICIARY AND RULES COMMITTEE AN AWARD BY THE COURT, TO PROVIDE FOR A AN ACT JUDGMENT ON AN AWARD, TO PROVIDE FOR RELATING TO THE ALCOHOLISM AND INTOXICATION ATTORNEY'S FEES AND LITIGATION EXPENSES, TO SET TREATMENT ACT; AMENDING SECTION 39-310, IDAHO FORTH JURISDICTION FOR AGREEMENTS TO CODE, TO CLARIFY THAT THE PROVISIONS DO NOT 32 SENATE JOURNAL January 16, 2002]

APPLY TO PERSONS BELOW A CERTAIN AGE, TO On request by Senator Risch, granted by unanimous consent, PROVIDE THAT THE CHAPTER SHALL NOT AFFECT the Senate advanced to the Sixth Order of Business. CERTAIN LAWS, ORDINANCES, RESOLUTIONS OR RULES REGARDING PEDESTRIANS UPON HIGHWAYS, Reports of Standing Committees THE CARRYING OF CONCEALED WEAPONS, OR PERSONS ON CERTAIN ROADWAYS AND PROPERTIES January 16, 2002 WHO USE OR ARE UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES OR NARCOTIC DRUGS AND The JUDICIARY AND RULES Committee reports that TO PROVIDE CORRECT TERMINOLOGY. S 1280, S 1281, S 1282, S 1283, S 1284, S 1285, and S 1286 have been correctly printed. S 1280, S 1281, S 1282, S 1283, S 1284, S 1285, and S 1286 were introduced, read the first time at length, and DARRINGTON, Chairman referred to the Judiciary and Rules Committee for printing. S 1280, S 1281, S 1282, S 1283, S 1284, S 1285, and H 410, H 411, H 407, and H 408, by Mr. Speaker, were S 1286 were referred to the Judiciary and Rules Committee. introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. Senator Schroeder was recorded present at this order of business. Motions and Resolutions

On request by Senator Risch, granted by unanimous consent, Senators Boatright, Bunderson, Burtenshaw, Cameron, the Senate advanced to the Fifteenth Order of Business. Deide, Frasure, Hawkins, Ingram, Keough, Marley, Richardson, and Stegner, were recorded present at this order of business. Miscellaneous Business The President announced that SR 103 was before the Senate On motion by Senator Risch, seconded by Senator Stennett, for final consideration. by voice vote the Senate adjourned at 11:45 a.m. until the hour of 11:30 a.m., Wednesday, January 16, 2002. Moved by Senator Risch, seconded by Senator Sandy, that SR 103 be adopted. The question being, “Shall the resolution be JACK RIGGS, President adopted?”

Attest: JEANNINE WOOD, Secretary Roll call resulted as follows:

______AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, TENTH LEGISLATIVE DAY Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, WEDNESDAY, JANUARY 16, 2002 Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34.

Senate Chamber NAYS--None.

President Riggs called the Senate to order at 11:30 a.m. Absent and excused--King-Barrutia. Total - 1.

Roll call showed all members present except Senators Total - 35. Boatright, Bunderson, Burtenshaw, Cameron, Deide, Frasure, Hawkins, Ingram, Keough, Marley, Richardson, and Stegner, Whereupon the President declared SR 103 adopted, title was absent and excused. approved, and the resolution ordered filed in the office of the Secretary of the Senate. Prayer was offered by Chaplain C. Leon Johnson. The Senate advanced to the Eleventh Order of Business. The Senate advanced to the Third Order of Business. Introduction, First Reading, and Reference of Bills, Reading and Correction of the Journal House Petitions, Resolutions, and Memorials

The JUDICIARY AND RULES Committee reports that the S 1287 Senate Journal of the proceedings of January 15, 2002, was read BY BRANDT and approved as corrected. AN ACT RELATING TO DISPENSING OR PROVIDING ALCOHOL DARRINGTON, Chairman TO MINORS; AMENDING SECTION 23-603, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY There being no objection, the report was adopted and PERSON TO KNOWINGLY OR INTENTIONALLY SELL, ordered filed in the office of the Secretary of the Senate. GIVE, OR FURNISH, OR CAUSE TO BE SOLD, GIVEN OR [January 16, 2002 SENATE JOURNAL 33

FURNISHED DISTILLED SPIRITS, BEER OR WINE, TO A APPROPRIATION OF FEES COLLECTED, TO PROVIDE PERSON UNDER THE AGE OF TWENTY-ONE YEARS; TO DUTIES OF THE DEPARTMENT WITH REGARD TO PROVIDE FELONY PENALTIES FOR THE KNOWING OR LICENSING AND TO SPECIFY CONDITIONS OF THE INTENTIONAL SELLING, GIVING, FURNISHING, LICENSE, TO PROVIDE DUTIES OF THE FARM LABOR CAUSING TO BE SOLD, GIVEN OR FURNISHED CONTRACTOR, TO SPECIFY PROHIBITED ACTS, TO DISTILLED SPIRITS, BEER OR WINE TO A PERSON PROVIDE FOR DENIAL, REVOCATION, SUSPENSION UNDER THE AGE OF TWENTY-ONE YEARS ON A AND REFUSAL TO RENEW A LICENSE, TO PROVIDE SECOND OR SUBSEQUENT VIOLATION BY A NOTICE OF DENIAL OF AN APPLICATION, REFUSAL TO DEFENDANT OR IF ANY PERSON SUFFERS GREAT RENEW A LICENSE, REVOCATION OR SUSPENSION OF BODILY HARM, PERMANENT DISFIGUREMENT, A LICENSE AND TO PROVIDE FOR A HEARING, TO PERMANENT DISABILITY OR DEATH DUE TO SUCH PROVIDE FOR JOINT LIABILITY OF AN AGRICULTURAL VIOLATION AND TO PROVIDE FOR NOTIFICATION TO EMPLOYER AND AN UNLICENSED FARM LABOR THE IDAHO STATE POLICE OF VIOLATIONS. CONTRACTOR, TO PROVIDE CLAIM FOR WAGES, TO PROVIDE FOR PRIVATE RIGHT OF ACTION, TO PROVIDE S 1288 SERVICE OF PROCESS WHEN UNLICENSED BY COMMERCE AND HUMAN RESOURCES CONTRACTOR IS UNAVAILABLE, TO PROVIDE THAT COMMITTEE RETALIATION IS PROHIBITED, TO PROVIDE AN ACT VIOLATIONS AND PENALTIES, TO PROVIDE RELATING TO COLLECTION AGENCIES; AMENDING RULEMAKING AUTHORITY TO THE DEPARTMENT OF SECTION 26-2222, IDAHO CODE, TO REVISE A LABOR AND TO PROVIDE SEVERABILITY; AND DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE DATE. AMENDING SECTION 26-2223, IDAHO CODE, TO REVISE CONDUCT PROHIBITED ABSENT COMPLIANCE WITH S 1290 THE PROVISIONS OF CHAPTER 22, TITLE 26, IDAHO BY COMMERCE AND HUMAN RESOURCES CODE, AND OBTAINMENT OF A PERMIT FROM THE COMMITTEE DIRECTOR OF THE DEPARTMENT OF FINANCE AND TO AN ACT MAKE A TECHNICAL CORRECTION; AMENDING RELATING TO THE EMPLOYMENT SECURITY LAW; SECTION 26-2224, IDAHO CODE, TO REVISE THE AMENDING CHAPTER 13, TITLE 72, IDAHO CODE, BY REQUIREMENTS FOR PERMIT APPLICATIONS AND TO THE ADDITION OF A NEW SECTION 72-1349C, IDAHO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION CODE, TO EXTEND UNEMPLOYMENT INSURANCE 26-2231, IDAHO CODE, TO REQUIRE THAT AN COVERAGE TO EMPLOYEES OF INDIAN TRIBES AND APPLICATION FOR RENEWAL OF A PERMIT BE TRIBAL UNITS, TO PROVIDE THAT INDIAN TRIBES POSTMARKED ON OR BEFORE A CERTAIN DATE AND SHALL HAVE THE SAME OPTIONS FOR PAYING TO MAKE TECHNICAL CORRECTIONS; AMENDING UNEMPLOYMENT INSURANCE CONTRIBUTIONS AS SECTION 26-2244, IDAHO CODE, TO PROVIDE FOR NONPROFIT ORGANIZATIONS AND GOVERNMENTAL CERTAIN CEASE AND DESIST ORDERS, TO INCREASE ENTITIES, TO WITHDRAW OPTIONS FOR PAYMENT AND THE MONETARY CIVIL PENALTY THAT MAY BE TO DISALLOW COVERAGE IF AN INDIAN TRIBE OR ANY IMPOSED BY THE DIRECTOR AND TO PROVIDE TRIBAL UNIT FAILS TO PAY AMOUNTS DUE, TO ADDITIONAL CIVIL PENALTIES THAT MAY BE PROVIDE FOR NOTICE OF PAYMENT AND REPORTING IMPOSED; AMENDING SECTION 26-2245, IDAHO CODE, DELINQUENCY, TO PROVIDE THAT AN INDIAN TRIBE TO EXTEND THE DIRECTOR'S AUTHORITY TO BRING AND ITS TRIBAL UNITS SHALL BE JOINTLY AND AN ACTION TO ENJOIN CERTAIN VIOLATIONS TO SEVERALLY LIABLE FOR ALL PAYMENTS DUE, TO VIOLATIONS OF ORDERS ISSUED PURSUANT TO PROVIDE FOR PAYMENT OF EXTENDED BENEFITS AND CHAPTER 22, TITLE 26, IDAHO CODE, TO PROVIDE FOR TO PROVIDE FOR NOTIFICATION TO THE INTERNAL ADDITIONAL REMEDIES THAT MAY BE GRANTED TO REVENUE SERVICE AND THE FEDERAL DEPARTMENT THE DIRECTOR AND TO MAKE TECHNICAL OF LABOR IF AN INDIAN TRIBE FAILS TO MAKE CORRECTIONS; AND AMENDING SECTION 26-2251, PAYMENTS AS REQUIRED; AND DECLARING AN IDAHO CODE, TO CLARIFY THE EFFECTIVE DATE OF EMERGENCY. PERMIT CANCELLATION FOR ANY PERMITTEE FAILING TO APPLY FOR RENEWAL OF A PERMIT IN A TIMELY S 1291 MANNER AND TO MAKE TECHNICAL CORRECTIONS. BY COMMERCE AND HUMAN RESOURCES COMMITTEE S 1289 AN ACT BY COMMERCE AND HUMAN RESOURCES RELATING TO MINIMUM WAGE LAW; AMENDING COMMITTEE SECTION 44-1504, IDAHO CODE, TO DELETE THE AGE AN ACT REQUIREMENT FOR AN EXEMPTED AGRICULTURAL RELATING TO LICENSING OF FARM LABOR EMPLOYEE IF SUCH EMPLOYEE IS PAID ON A CONTRACTORS; AMENDING TITLE 44, IDAHO CODE, BY PIECE-RATE BASIS, COMMUTES DAILY FROM HIS THE ADDITION OF A NEW CHAPTER 16, TITLE 44, PERMANENT RESIDENCE TO THE FARM WHERE HE IS IDAHO CODE, TO PROVIDE DEFINITIONS, TO PROVIDE EMPLOYED AND HAS BEEN EMPLOYED IN EXEMPTIONS, TO PROVIDE FOR LICENSING OF FARM AGRICULTURE LESS THAN THIRTEEN WEEKS DURING LABOR CONTRACTORS, TO REQUIRE PROOF OF THE PRECEDING CALENDAR YEAR; DECLARING AN FINANCIAL RESPONSIBILITY, TO SPECIFY AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION FEE AND TO PROVIDE FOR APPLICATION. 34 SENATE JOURNAL January 17, 2002]

S 1292 There being no objection, the report was adopted and BY FINANCE COMMITTEE ordered filed in the office of the Secretary of the Senate. AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE On request by Senator Risch, granted by unanimous consent, DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR the Senate advanced to the Fifth Order of Business. 2002; PROVIDING TRANSFERS TO THE PEST CONTROL DEFICIENCY FUND; AND DECLARING AN EMERGENCY. Petitions, Resolutions, and Memorials

S 1293 SCR 119 BY FINANCE COMMITTEE BY SCHROEDER AN ACT A CONCURRENT RESOLUTION APPROPRIATING ADDITIONAL MONEYS TO THE STATING FINDINGS OF THE LEGISLATURE AND MILITARY DIVISION FOR FISCAL YEAR 2002; DIRECTING THE DEPARTMENT OF FISH AND GAME TO DIRECTING THE STATE CONTROLLER TO TRANSFER PROVIDE DATA REGARDING DOCUMENTED EFFECTS MONEYS TO THE HAZARDOUS SUBSTANCE TO PHEASANT POPULATION AS A RESULT OF EMERGENCY RESPONSE FUND; AND DECLARING AN PHEASANT STOCKING WITH THE EXCEPTION OF EMERGENCY. WILDLIFE MANAGEMENT AREAS, AUTHORIZING THE DEPARTMENT, WITH THE EXCEPTION OF WILDLIFE S 1287, S 1288, S 1289, S 1290, S 1291, S 1292, and MANAGEMENT AREAS, TO CEASE THE STOCKING OF S 1293 were introduced, read the first time at length, and PHEASANTS AND ENCOURAGING THE DEPARTMENT referred to the Judiciary and Rules Committee for printing. TO ENGAGE MORE EFFECTIVELY WITH PRIVATE LANDOWNERS IN PROVIDING ADVICE AND On request by Senator Risch, granted by unanimous consent, INCENTIVES FOR IMPROVEMENT AND RETENTION OF the Senate advanced to the Fifteenth Order of Business. HABITAT.

Miscellaneous Business Be It Resolved by the Legislature of the State of Idaho:

On motion by Senator Risch, seconded by Senator Stennett, WHEREAS, pheasant stocking has not been shown to by voice vote the Senate adjourned at 12 noon until the hour of effectively contribute birds to either breeding populations or the 11 a.m., Thursday, January 17, 2002. hunter's bag. Stocked birds that are taken are considered by many as an expensive subsidy for a limited number of people at the JACK RIGGS, President expense of all hunters; and Attest: JEANNINE WOOD, Secretary WHEREAS, these conditions have been documented across pheasant ranges in North America dating back to Pennsylvania in 1936, New Hampshire in 1938, Utah and Wisconsin in the ______1940's, and Montana and Minnesota in the 1950's; and WHEREAS, habitat retention and improvement, particularly on privately held lands, is known to be the most effective means ELEVENTH LEGISLATIVE DAY to retain populations of pheasants and other farm game and THURSDAY, JANUARY 17, 2002 wildlife. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho Senate Chamber Legislature, the Senate and the House of Representatives President Riggs called the Senate to order at 11 a.m. concurring therein, that the Legislature requests that the Idaho Department of Fish and Game provide scientific data showing the Roll call showed all members present except Senators documented effects to the pheasant population as a result of Branch, Ipsen, and Little, absent and formally excused by the pheasant stocking in the state of Idaho, with the exception of Chair; and Senators Bunderson, Cameron, Dunklin, and King- Wildlife Management Areas. The Legislature further authorizes Barrutia, absent and excused. the Idaho Department of Fish and Game, with the exception of Wildlife Management Areas, to cease the stocking of pheasants Prayer was offered by Chaplain C. Leon Johnson. and encourages the department to engage more effectively with private landowners in providing advice and incentives for The Senate advanced to the Third Order of Business. improvement and retention of habitat as appropriate.

Reading and Correction of the Journal SCR 119 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 16, 2002, was read Senator Dunklin was recorded present at this order of and approved as corrected. business.

DARRINGTON, Chairman The Senate advanced to the Sixth Order of Business. [January 17, 2002 SENATE JOURNAL 35

Reports of Standing Committees hereby appoint Fay Messinger of Boise, Idaho, to the office of State Senator, District 17, for a term commencing on January 17, January 17, 2002 2002, and continuing until January 28, 2002.

The JUDICIARY AND RULES Committee reports that IN TESTIMONY WHEREOF, I have hereunto set my hand S 1287, S 1288, S 1289, S 1290, S 1291, S 1292, and S 1293 and caused to be affixed the Great Seal of the State of Idaho. have been correctly printed. Done at Boise, the Capital of Idaho, this Seventeenth day of DARRINGTON, Chairman January in the year of our Lord Two Thousand and Two and of the Independence of the United States of America the Two S 1287 was referred to the Judiciary and Rules Committee. Hundred and Twenty-sixth year.

S 1288, S 1289, S 1290, and S 1291 were referred to the /s/ BY THE GOVERNOR DIRK KEMPTHORNE Commerce and Human Resources Committee. /s/ SECRETARY OF STATE PETE T. CENARRUSA

S 1292 and S 1293 were referred to the Finance Committee. The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. January 17, 2002 The President announced that the Oath of Office had been The FINANCE Committee reports out S 1292 and S 1293 administered previously to Acting Senator Messinger, and he was with the recommendation that they do pass. recorded present at this order of business.

CAMERON, Chairman December 21, 2001

S 1292 and S 1293 were filed for second reading. The Honorable Jack Riggs President of the Senate On request by Senator Risch, granted by unanimous consent, Idaho Legislature the Senate advanced to the Eighth Order of Business. Dear Mr. President: Messages from the Governor I have the honor to inform you that Rodger Lee Sorensen of January 17, 2002 Soda Springs, Idaho, was appointed as a member of the Idaho Aeronautics Advisory Board to serve a term commencing The Honorable Jack Riggs December 17, 2001, and expiring January 31, 2005. President of the Senate Idaho Legislature This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dear Mr. President: Sincerely, I have the honor to inform you that I have appointed Fay /s/ Dirk Kempthorne Governor Messinger of Boise, Idaho, to be Acting State Senator for Legislative District 17. This appointment is effective January 17, The correspondence was ordered filed in the office of the 2002, and will continue until such time as Senator Grant Ipsen is Secretary of the Senate. able to resume his duties. The Gubernatorial appointment was referred to the Sincerely, Transportation Committee. /s/ Dirk Kempthorne Governor December 21, 2001 The Honorable Jack Riggs THE OFFICE OF THE GOVERNOR President of the Senate EXECUTIVE DEPARTMENT Idaho Legislature BOISE, IDAHO Dear Mr. President: CERTIFICATE OF APPOINTMENT I have the honor to inform you that Kathleen Miller of KNOW ALL MEN, by these Presents, that pursuant to the McCall, Idaho, was appointed as a member of the Idaho provisions of Section 59-917, Idaho Code, Grant Ipsen, State Aeronautics Advisory Board to serve a term commencing December 17, 2001, and expiring January 31, 2006. Senator, District 17, Ada County, State of Idaho, has nominated Fay Messinger, 3504 Grover Court, of Boise, Idaho, to perform This appointment was made subject to confirmation by the the duties of this office temporarily as Acting State Senator, Senate. Notice of appointment is hereby given. District 17, Ada County. Sincerely, NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor /s/ Dirk Kempthorne of the State of Idaho, by virtue of the authority vested in me do Governor 36 SENATE JOURNAL January 17, 2002]

The correspondence was ordered filed in the office of the This appointment was made subject to confirmation by the Secretary of the Senate. Senate. Notice of appointment is hereby given.

The Gubernatorial appointment was referred to the Sincerely, Transportation Committee. /s/ Dirk Kempthorne Governor December 28, 2001

The Honorable Jack Riggs The correspondence was ordered filed in the office of the President of the Senate Secretary of the Senate. Idaho Legislature The Gubernatorial appointment was referred to the State Dear Mr. President: Affairs Committee.

I have the honor to inform you that Veeta C. Roberts of January 4, 2002 Twin Falls, Idaho, was appointed as a member of the Idaho Bingo-Raffle Advisory Board to serve a term commencing January 1, 2001, and expiring January 1, 2004. The Honorable Jack Riggs President of the Senate This appointment was made subject to confirmation by the Idaho Legislature Senate. Notice of appointment is hereby given. Dear Mr. President: Sincerely, /s/ Dirk Kempthorne I have the honor to inform you that Estella O. Zamora of Governor Caldwell, Idaho, was appointed as a member of the Idaho The correspondence was ordered filed in the office of the Commission on Human Rights to serve a term commencing July Secretary of the Senate. 1, 2001, and expiring July 1, 2004.

The Gubernatorial appointment was referred to the State This appointment was made subject to confirmation by the Affairs Committee. Senate. Notice of appointment is hereby given.

July 19, 2001 Sincerely, /s/ Dirk Kempthorne The Honorable Jack Riggs President of the Senate Governor Idaho Legislature The correspondence was ordered filed in the office of the Dear Mr. President: Secretary of the Senate.

I have the honor to inform you that Eloy Chaves of Marsing, The Gubernatorial appointment was referred to the State Idaho, was appointed as a member of the Idaho Commission on Affairs Committee. Human Rights to serve a term commencing March 28, 2001, and expiring July 1, 2003. December 28, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Roger Jones of Rupert, Secretary of the Senate. Idaho, was appointed as a member of the Idaho Lottery The Gubernatorial appointment was referred to the State Commission to serve a term commencing January 1, 2002, and Affairs Committee. expiring January 1, 2007.

December 28, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Dr. Stephen M. Maloff Secretary of the Senate. of Pocatello, Idaho, was appointed as a member of the Idaho Commission on Human Rights to serve a term commencing July The Gubernatorial appointment was referred to the State 1, 2001, and expiring July 1, 2004. Affairs Committee. [January 17, 2002 SENATE JOURNAL 37

July 19, 2001 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Honorable Jack Riggs President of the Senate Sincerely, Idaho Legislature /s/ Dirk Kempthorne Governor Dear Mr. President: The correspondence was ordered filed in the office of the I have the honor to inform you that Leonard Beck of Burley, Secretary of the Senate. Idaho, was appointed as a member of the Idaho Water Resource Board to serve a term commencing April 3, 2001, and expiring The Gubernatorial appointment was referred to the Health January 1, 2005. and Welfare Committee.

This appointment was made subject to confirmation by the Senator Cameron was recorded present at this order of Senate. Notice of appointment is hereby given. business.

Sincerely, On request by Senator Risch, granted by unanimous consent, /s/ Dirk Kempthorne the Senate advanced to the Eleventh Order of Business. Governor Introduction, First Reading, and Reference of Bills, The correspondence was ordered filed in the office of the House Petitions, Resolutions, and Memorials Secretary of the Senate. S 1294 BY HEALTH AND WELFARE COMMITTEE The Gubernatorial appointment was referred to the AN ACT Resources and Environment Committee. RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; AMENDING SECTION 56-1001, IDAHO CODE, July 19, 2001 TO PROVIDE THAT THE TERM "PUBLIC SWIMMING POOL" DOES NOT INCLUDE A SWIMMING POOL The Honorable Jack Riggs OPERATED SOLELY FOR AND IN CONJUNCTION WITH CERTAIN PLACES OF LODGING AND RESIDENTIAL President of the Senate FACILITIES CONTAINING MULTIPLE DWELLINGS. Idaho Legislature S 1295 Dear Mr. President: BY JUDICIARY AND RULES COMMITTEE AN ACT I have the honor to inform you that William C. Bernt of RELATING TO NONCLASSIFIED EMPLOYEES; Salmon, Idaho, was appointed as a member of the Idaho AMENDING SECTION 67-5303, IDAHO CODE, TO Outfitters and Guides Licensing Board to serve a term PROVIDE THAT ALL EMPLOYEES OF CORRECTIONAL INDUSTRIES WITHIN THE DEPARTMENT OF commencing April 20, 2001, and expiring April 20, 2004. CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES, TO PROVIDE THAT ALL DEPUTY ADMINISTRATORS This appointment was made subject to confirmation by the AND WARDENS OF THE DEPARTMENT OF Senate. Notice of appointment is hereby given. CORRECTION EMPLOYED BY THE DEPARTMENT OF CORRECTION SHALL BE NONCLASSIFIED EMPLOYEES Sincerely, AND TO DEFINE DEPUTY ADMINISTRATORS; AND /s/ Dirk Kempthorne DECLARING AN EMERGENCY. Governor S 1296 BY STATE AFFAIRS COMMITTEE The correspondence was ordered filed in the office of the AN ACT Secretary of the Senate. RELATING TO THE PREQUALIFICATION OF CONTRACTORS AND SUBCONTRACTORS; AMENDING The Gubernatorial appointment was referred to the CHAPTER 57, TITLE 67, IDAHO CODE, BY THE Resources and Environment Committee. ADDITION OF A NEW SECTION 67-5711E, IDAHO CODE, TO PROVIDE FOR THE PREQUALIFICATION OF July 19, 2001 CONTRACTORS AND SUBCONTRACTORS ON CAPITOL BUILDING CONSTRUCTION AND RENOVATION PROJECTS, AND TO PROVIDE CONDITIONS IF The Honorable Jack Riggs PREQUALIFICATION IS USED; DECLARING AN President of the Senate EMERGENCY; AND PROVIDING A SUNSET DATE. Idaho Legislature S 1297 Dear Mr. President: BY STATE AFFAIRS COMMITTEE AN ACT I have the honor to inform you that Janet Penfold of Driggs, RELATING TO THE IDAHO TOBACCO MASTER Idaho, was appointed as a member of the Idaho Board of Health SETTLEMENT AGREEMENT ACT; PROVIDING and Welfare to serve a term commencing January 1, 2001, and LEGISLATIVE INTENT; AND AMENDING CHAPTER 78, expiring January 1, 2005. TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW 38 SENATE JOURNAL January 18, 2002]

SECTION 39-7804, IDAHO CODE, TO REQUIRE Miscellaneous Business CIGARETTE DISTRIBUTORS AND STAMPING AGENTS TO ONLY STAMP AND DISTRIBUTE CIGARETTES OF THOSE On motion by Senator Risch, seconded by Senator Stennett, TOBACCO PRODUCT MANUFACTURERS THAT ARE IN by voice vote the Senate adjourned at 11:25 a.m. until the hour COMPLIANCE WITH IDAHO'S MASTER SETTLEMENT of 11:15 a.m., Friday, January 18, 2002. AGREEMENT ACT, TO PROVIDE PROCEDURES, TO PROVIDE DUTIES OF THE ATTORNEY GENERAL, TO JACK RIGGS, President DEFINE A TERM AND TO PROVIDE FOR AGREEMENTS FOR EXCHANGE OF INFORMATION. Attest: JEANNINE WOOD, Secretary

S 1298 BY STATE AFFAIRS COMMITTEE ______AN ACT RELATING TO IDAHO'S NO TELEPHONE SOLICITATION CONTACT LIST; AMENDING SECTION 48-1003A, IDAHO TWELFTH LEGISLATIVE DAY CODE, TO PROVIDE THAT TELEPHONE SOLICITORS FRIDAY, JANUARY 18, 2002 CALLING TO SET UP A FACE-TO-FACE MEETING WITH THE CONSUMER IN ORDER TO MAKE A SALES PRESENTATION CONSTITUTES A TELEPHONE Senate Chamber SOLICITATION FOR PURPOSES OF APPLYING IDAHO'S "NO CALL" LIST STATUTE. President Pro Tempore Geddes called the Senate to order at 11:15 a.m. S 1299 BY LOCAL GOVERNMENT AND TAXATION Roll call showed all members present except Senators COMMITTEE Darrington and Goedde, absent and formally excused by the AN ACT Chair; and Senators Noh and Stegner, absent and excused. RELATING TO THE BOARD OF TAX APPEALS; AMENDING SECTION 63-3813, IDAHO CODE, TO Prayer was offered by Chaplain C. Leon Johnson. PROVIDE A FINAL DECISION OR ORDER OF THE BOARD OF TAX APPEALS DIRECTING A MARKET VALUE The Senate advanced to the Third Order of Business. CHANGE FOR TAXABLE PROPERTY THAT IS NOT FURTHER APPEALED SHALL BE FIXED FOR THE Reading and Correction of the Journal CURRENT YEAR APPEALED AND THERE SHALL BE NO CHANGE IN VALUE FOR THE SUBSEQUENT The JUDICIARY AND RULES Committee reports that the ASSESSMENT YEAR WHEN NO PHYSICAL CHANGE Senate Journal of the proceedings of January 17, 2002, was read OCCURS TO THE PROPERTY AND TO PROVIDE THAT and approved as corrected. ANNUAL TRENDING OR EQUALIZATION APPLIED TO ALL PROPERTIES OF A PROPERTY CLASS OR DARRINGTON, Chairman CATEGORY WITHIN THE COUNTY OR A CLEARLY DEFINED AREA SHALL STILL APPLY; DECLARING AN There being no objection, the report was adopted and EMERGENCY AND PROVIDING RETROACTIVE ordered filed in the office of the Secretary of the Senate. APPLICATION. On request by Senator Risch, granted by unanimous consent, S 1300 the Senate advanced to the Sixth Order of Business. BY KEOUGH AN ACT Reports of Standing Committees RELATING TO CREATION OF A PUBLIC UTILITY CONSUMER'S ADVOCATE; AMENDING TITLE 48, IDAHO Senator Stegner was recorded present at this order of CODE, BY THE ADDITION OF A NEW CHAPTER 17, business. TITLE 48, IDAHO CODE, TO PROVIDE THE PUBLIC UTILITY CONSUMER'S ADVOCATE IN THE OFFICE OF January 18, 2002 THE ATTORNEY GENERAL, TO PROVIDE THE POWERS OF THE CONSUMER'S ADVOCATE, TO DIRECT CERTAIN The JUDICIARY AND RULES Committee reports that PUBLIC UTILITIES TO PROVIDE CERTAIN DOCUMENTS, S 1294, S 1295, S 1296, S 1297, S 1298, S 1299, S 1300, and TO PROVIDE FOR REPRESENTATION OF CONSUMER'S SCR 119 have been correctly printed. INTERESTS AND TO PROVIDE FINANCING FOR THE OFFICE FROM THE PUBLIC UTILITIES COMMISSION DARRINGTON, Chairman FUND. S 1294 was referred to the Health and Welfare Committee. S 1294, S 1295, S 1296, S 1297, S 1298, S 1299, and S 1300 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. S 1295 was referred to the Judiciary and Rules Committee.

On request by Senator Risch, granted by unanimous consent, S 1296, S 1297, S 1298, and S 1300 were referred to the the Senate advanced to the Fifteenth Order of Business. State Affairs Committee. [January 18, 2002 SENATE JOURNAL 39

S 1299 was referred to the Local Government and Taxation S 1303 Committee. BY COMMERCE AND HUMAN RESOURCES COMMITTEE Pursuant to Senate Rule 12(A), SCR 119 was referred to the AN ACT Resources and Environment Committee. RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1302, IDAHO CODE, At this time Senator Risch arose on a point of personal TO PROVIDE A CORRECT REFERENCE TO SECTION 401 privilege to announce that a distinguished visitor had arrived, and OF THE INTERNAL REVENUE CODE IN THE DEFINITION the President Pro Tempore appointed Senators Risch and Stennett FOR SALARY; AND DECLARING AN EMERGENCY. to escort the Honorable Larry Craig, United States Senator, into the Senate Chamber where he addressed the members of the S 1304 Senate. BY SCHROEDER AN ACT The President Pro Tempore thanked Senator Craig for his RELATING TO SCHOOL AGE; AMENDING SECTION remarks, and Senators Risch and Stennett escorted him from the 33-201, IDAHO CODE, TO PROVIDE A MINIMUM AGE Chamber, and the committee was discharged. REQUIREMENT FOR ATTENDANCE IN PREKINDERGARTEN IN THE SCHOOL DISTRICTS WHICH On request by Senator Sandy, granted by unanimous CONDUCT PREKINDERGARTEN AND TO MAKE A consent, the Senate advanced to the Ninth Order of Business. TECHNICAL CORRECTION.

Messages from the House S 1305 BY SCHROEDER January 17, 2002 AN ACT RELATING TO APPROPRIATIONS FOR FISCAL YEAR 2002 Mr. President: TO THE DEPARTMENT OF HEALTH AND WELFARE FOR MEDICAL ASSISTANCE; AMENDING SECTION 14, I transmit herewith H 423 which has passed the House. CHAPTER 368, LAWS OF 2001, TO PROVIDE AN EXEMPTION FOR THE CHILDREN'S HEALTH JUKER, Chief Clerk INSURANCE PROGRAM; AND DECLARING AN EMERGENCY. H 423 was filed for first reading. S 1306 On request by Senator Sandy, granted by unanimous BY SCHROEDER consent, the Senate advanced to the Eleventh Order of Business. AN ACT RELATING TO THE SCHOOL YEAR; AMENDING Introduction, First Reading, and Reference of Bills, SECTION 33-512, IDAHO CODE, TO AUTHORIZE A House Petitions, Resolutions, and Memorials REDUCTION IN THE NUMBER OF HOURS OF INSTRUCTIONAL TIME REQUIRED WHEN DISTRIBUTION S 1301 FROM THE PUBLIC SCHOOL INCOME FUND IS BY FINANCE COMMITTEE DEFICIENT; AND DECLARING AN EMERGENCY. AN ACT STATING FINDINGS OF THE LEGISLATURE; S 1307 APPROPRIATING MONEYS FROM THE BUDGET BY SCHROEDER STABILIZATION FUND TO THE GENERAL FUND; AN ACT DIRECTING THE STATE CONTROLLER NOT TO RELATING TO SALES TAX DISTRIBUTION; AMENDING TRANSFER ADDITIONAL GENERAL FUNDS INTO THE SECTION 63-3638, IDAHO CODE, TO PROVIDE THAT AN BUDGET STABILIZATION FUND; AND DECLARING AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS EMERGENCY. SHALL BE DISTRIBUTED ANNUALLY FROM THE SALES TAX DISTRIBUTION FUND TO THE SCHOOL SAFETY S 1302 AND HEALTH REVOLVING LOAN AND GRANT FUND BY SCHROEDER AND TO MAKE A TECHNICAL CORRECTION. AN ACT S 1301, S 1302, S 1303, S 1304, S 1305, S 1306, and RELATING TO MEDICAL SAVINGS ACCOUNTS; S 1307 were introduced, read the first time at length, and AMENDING SECTION 63-3022K, IDAHO CODE, TO referred to the Judiciary and Rules Committee for printing. PROVIDE THAT DEPOSITORIES SHALL NOT BE H 423, by Mr. Speaker, was introduced, read the first time REQUIRED TO SPECIFICALLY IDENTIFY THE MEDICAL at length, and referred to the State Affairs Committee. SAVINGS ACCOUNT IN ANY WAY, TO DELETE REPORTING REQUIREMENTS FOR DEPOSITORIES TO The Senate advanced to the Twelfth Order of Business. THE STATE TAX COMMISSION AND TO PROVIDE APPLICATION TO ACCOUNT HOLDERS OF CERTAIN Second Reading of Bills MEDICAL SAVINGS ACCOUNTS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE S 1292 and S 1293, by Finance Committee, were read the APPLICATION. second time at length and filed for third reading. 40 SENATE JOURNAL January 21, 2002]

On request by Senator Risch, granted by unanimous consent, SJR 102 was introduced, read the first time at length, and the Senate advanced to the Fifteenth Order of Business. referred to the Judiciary and Rules Committee for printing.

Miscellaneous Business Senator Hawkins was recorded present at this order of business. On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate adjourned at 12 noon until the hour of The Senate advanced to the Sixth Order of Business. 11:30 a.m., Monday, January 21, 2002. Reports of Standing Committees ROBERT L. GEDDES, President Pro Tempore January 21, 2002 Attest: JEANNINE WOOD, Secretary The JUDICIARY AND RULES Committee reports that ______S 1301, S 1302, S 1303, S 1304, S 1305, S 1306, and S 1307 have been correctly printed.

FIFTEENTH LEGISLATIVE DAY DARRINGTON, Chairman MONDAY, JANUARY 21, 2002 S 1301 was referred to the Finance Committee.

Senate Chamber S 1302 and S 1307 were referred to the Local Government and Taxation Committee. President Riggs called the Senate to order at 11:30 a.m. S 1303 was referred to the Commerce and Human Resources Roll call showed all members present except Senators Committee. Branch, Dunklin, Hill, and Schroeder, absent and formally excused by the Chair; and Senator Hawkins, absent and excused. S 1304 and S 1306 were referred to the Education Committee. Prayer was offered by Chaplain C. Leon Johnson. S 1305 was referred to the Health and Welfare Committee. The Senate advanced to the Third Order of Business. January 21, 2002 Reading and Correction of the Journal The FINANCE Committee reports out S 1301 with the The JUDICIARY AND RULES Committee reports that the recommendation that it do pass. Senate Journal of the proceedings of January 18, 2002, was read and approved as corrected. CAMERON, Chairman

DARRINGTON, Chairman S 1301 was filed for second reading.

There being no objection, the report was adopted and January 18, 2002 ordered filed in the office of the Secretary of the Senate. The STATE AFFAIRS Committee reports it has had under On request by Senator Risch, granted by unanimous consent, consideration the Gubernatorial appointments listed below and the the Senate advanced to the Fifth Order of Business. Committee recommends that said appointments be confirmed by the Senate: Petitions, Resolutions, and Memorials Lois Bauer to the Idaho Commission on Aging, term to SJR 102 expire at the pleasure of the Governor; BY STATE AFFAIRS COMMITTEE A JOINT RESOLUTION Clarisse Maxwell to the Idaho Commission on Human PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE Rights, term to expire July 1, 2004; IX, OF THE CONSTITUTION OF THE STATE OF IDAHO, RELATING TO LOCATION, DISPOSITION AND Oscar R. Steinley to the Idaho State Racing Commission, MANAGEMENT OF PUBLIC LANDS TO PROVIDE THAT term to expire January 1, 2007. THE STATE BOARD OF LAND COMMISSIONERS SHALL MANAGE STATE LANDS IN ACCORDANCE WITH STATE SORENSEN, Chairman STATUTES GOVERNING LOCAL LAND USE PLANNING; STATING THE QUESTION TO BE SUBMITTED TO THE The Gubernatorial appointments were referred to the Tenth ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL Order of Business, Motions and Resolutions, and ordered held at TO PREPARE THE STATEMENTS REQUIRED BY LAW; the Secretary’s desk for one legislative day. AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS On request by Senator Risch, granted by unanimous consent, REQUIRED BY LAW. the Senate advanced to the Eighth Order of Business. [January 21, 2002 SENATE JOURNAL 41

Messages from the Governor On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. January 21, 2002 Introduction, First Reading, and Reference of Bills, The Honorable Jack Riggs House Petitions, Resolutions, and Memorials President of the Senate Idaho Legislature S 1308 Dear Mr. President: BY JUDICIARY AND RULES COMMITTEE AN ACT I have the honor to inform you that I have appointed Anne RELATING TO INTERSTATE ENFORCEMENT OF Pasley-Stuart of Boise, Idaho, to be Acting State Senator for DOMESTIC VIOLENCE PROTECTION ORDERS; Legislative District 19. This appointment is effective January 21, AMENDING SECTION 39-6303, IDAHO CODE, TO DEFINE 2002, and will continue until such time as Senator Betsy Dunklin TERMS; REPEALING SECTION 39-6306A, IDAHO CODE; is able to resume her duties. AMENDING CHAPTER 63, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-6306A, IDAHO Sincerely, CODE, TO PROVIDE A SHORT TITLE, TO DEFINE /s/ Dirk Kempthorne Governor TERMS, TO PROVIDE FOR JUDICIAL ENFORCEMENT OF FOREIGN PROTECTION ORDERS, TO PROVIDE FOR THE OFFICE OF THE GOVERNOR NONJUDICIAL ENFORCEMENT OF FOREIGN EXECUTIVE DEPARTMENT PROTECTION ORDERS, TO PROVIDE FOR BOISE, IDAHO REGISTRATION OF FOREIGN PROTECTION ORDERS, TO CERTIFICATE OF APPOINTMENT PROVIDE FOR IMMUNITY, TO PROVIDE FOR UNIFORMITY OF APPLICATION AND CONSTRUCTION KNOW ALL MEN, by these Presents, that pursuant to the AND TO SET FORTH A TRANSITIONAL PROVISION; provisions of Section 59-917, Idaho Code, Betsy Dunklin, State Senator, District 19, Ada County, State of Idaho, has nominated AMENDING SECTIONS 39-6309, 39-6310 AND 39-6311, Anne Pasley-Stuart of 2301 Hillway, Boise, Idaho, to perform the IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY. duties of this office temporarily as Acting State Senator. S 1309 NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor BY STATE AFFAIRS COMMITTEE of the State of Idaho, by virtue of the authority vested in me, do AN ACT hereby appoint Anne Pasley-Stuart, Acting State Senator, District RELATING TO UNFAIR METHODS AND PRACTICES 19, Ada County, State of Idaho, for a term commencing on UNDER THE CONSUMER PROTECTION ACT; PROVIDING January 21, 2002, and continuing until such time as Senator Dunklin is able to resume her duties. LEGISLATIVE INTENT; AND AMENDING SECTION 48-603, IDAHO CODE, TO PROHIBIT A PERSON FROM IN TESTIMONY WHEREOF, I have hereunto set my hand TAKING ADVANTAGE OF A DECLARED STATE OF and caused to be affixed the Great Seal of the State of Idaho. EMERGENCY OR DISASTER BY SELLING FUEL, FOOD, MEDICINE OR ANOTHER NECESSITY AT AN Done at Boise, the Capital of Idaho this Twenty-first day of EXORBITANT OR EXCESSIVE PRICE FOR THE January, in the year of our Lord Two Thousand and Two and of DURATION OF THE DECLARATION OF EMERGENCY. the Independence of the United States of America the Two Hundred and Twenty-sixth year. S 1310 /s/ BY THE GOVERNOR DIRK KEMPTHORNE BY STATE AFFAIRS COMMITTEE /s/ SECRETARY OF STATE PETE T. CENARRUSA AN ACT RELATING TO THE STATE BOARD OF EXAMINERS; The correspondence and Certificate of Appointment were AMENDING SECTION 67-2028, IDAHO CODE, TO ordered filed in the office of the Secretary of the Senate. PROVIDE FOR THE PAYMENT OF DEATH BENEFITS TO FAMILY MEMBERS OF IDAHO RESIDENTS WHO ARE The President announced that the Oath of Office had been PUBLIC SAFETY OFFICERS KILLED IN THE administered previously to Acting Senator Pasley-Stuart, and she PERFORMANCE OF DUTY, TO PROVIDE REFERENCES was recorded present at this order of business. TO "PUBLIC SAFETY OFFICER," TO MAKE The Senate advanced to the Ninth Order of Business. GRAMMATICAL CHANGES, TO REMOVE A DATE REFERENCE AND TO MAKE A TECHNICAL Messages from the House CORRECTION.

January 18, 2002 S 1308, S 1309, and S 1310 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee Mr. President: for printing.

I transmit herewith H 415, H 412, H 413, and H 414 which H 415, by Mr. Speaker, was introduced, read the first time have passed the House. at length, and referred to the Resources and Environment Committee. JUKER, Chief Clerk H 412, H 413, and H 414, by Mr. Speaker, were H 415, H 412, H 413, and H 414 were filed for first introduced, read the first time at length, and referred to the reading. Commerce and Human Resources Committee. 42 SENATE JOURNAL January 22, 2002]

On request by Senator Risch, granted by unanimous consent, ______the Senate advanced to the Thirteenth Order of Business.

Third Reading of Bills SIXTEENTH LEGISLATIVE DAY TUESDAY, JANUARY 22, 2002 S 1292 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Senate Chamber The question being, “Shall the bill pass?” President Riggs called the Senate to order at 11:30 a.m. Roll call resulted as follows: Roll call showed all members present except Senator AYES--Andreason, Boatright, Brandt, Bunderson, Branch, absent and formally excused by the Chair; and Senators Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Cameron and Sandy, absent and excused. Geddes, Goedde, Hawkins, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Messinger (Ipsen), Noh, Pasley-Stuart Prayer was offered by Chaplain C. Leon Johnson. (Dunklin), Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. The Senate advanced to the Third Order of Business.

NAYS--None. Reading and Correction of the Journal

Absent and excused--Branch, Hill, Schroeder. Total - 3. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 21, 2002, was read Total - 35. and approved as corrected. Whereupon the President declared S 1292 passed, title was approved, and the bill ordered transmitted to the House. DARRINGTON, Chairman

S 1293 was read the third time at length, section by section, There being no objection, the report was adopted and and placed before the Senate for final consideration. Senator ordered filed in the office of the Secretary of the Senate. Ingram arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Senator Cameron was recorded present at this order of business. Roll call resulted as follows:

AYES--Andreason, Boatright, Brandt, Bunderson, On request by Senator Risch, granted by unanimous consent, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, the Senate advanced to the Sixth Order of Business. Geddes, Goedde, Hawkins, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Messinger (Ipsen), Noh, Pasley-Stuart Reports of Standing Committees (Dunklin), Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. January 22, 2002 NAYS--None. The JUDICIARY AND RULES Committee reports that Absent and excused--Branch, Hill, Schroeder. Total - 3. S 1308, S 1309, S 1310, and SJR 102 have been correctly printed. Total - 35. DARRINGTON, Chairman Whereupon the President declared S 1293 passed, title was approved, and the bill ordered transmitted to the House. S 1308 was referred to the Judiciary and Rules Committee. On request by Senator Risch, granted by unanimous consent, S 1309, S 1310, and SJR 102 were referred to the State the Senate advanced to the Fifteenth Order of Business. Affairs Committee. Miscellaneous Business January 21, 2002 On request by Senator Risch, granted by unanimous consent, Jim Borton was elected as attache, serving as Assistant The JUDICIARY AND RULES Committee reports out Doorkeeper, for the Second Regular Session of the Idaho S 1295 with the recommendation that it be referred to the Legislature. Commerce and Human Resources Committee.

On motion by Senator Risch , seconded by Senator Stennett, DARRINGTON, Chairman by voice vote the Senate adjourned at 12 noon until the hour of 11:30 a.m., Tuesday, January 22, 2002. There being no objection, S 1295 was re-referred to the Commerce and Human Resources Committee. JACK RIGGS, President On request by Senator Risch, granted by unanimous consent, Attest: JEANNINE WOOD, Secretary the Senate advanced to the Tenth Order of Business. [January 22, 2002 SENATE JOURNAL 43

Motions and Resolutions S 1313 BY JUDICIARY AND RULES COMMITTEE The President announced the State Affairs Committee report, AN ACT relative to the Gubernatorial appointments of Lois Bauer, Clarisse RELATING TO THE PROTECTION OF PERSONS UNDER Maxwell, and Oscar R. Steinley, was before the Senate for final DISABILITIES; AMENDING CHAPTER 5, TITLE 15, IDAHO consideration, the question being, “Shall the report be adopted?” CODE, BY THE ADDITION OF A NEW SECTION 15-5-314, IDAHO CODE, TO PROVIDE FOR THE PAYMENT OF On motion by Senator Richardson, seconded by Senator REASONABLE COMPENSATION, FEES, AND/OR COSTS Stennett, the Gubernatorial appointment of Lois Bauer as Director TO CERTAIN VISITORS, GUARDIANS AD LITEM, of the Idaho Office on Aging was confirmed by voice vote. PHYSICIANS, GUARDIANS, TEMPORARY GUARDIANS AND PERSONS BRINGING OR DEFENDING A On motion by Senator King-Barrutia, seconded by Senator GUARDIANSHIP PROCEEDING; AMENDING SECTION Stennett, the Gubernatorial appointment of Clarisse Maxwell as 15-5-414, IDAHO CODE, TO STRIKE REFERENCE TO a member of the Idaho Commission on Human Rights was COMPENSATION FROM AN ESTATE TO LAWYERS AND confirmed by voice vote. TO PROVIDE FOR THE PAYMENT OF REASONABLE COMPENSATION, FEES, AND/OR COSTS TO CERTAIN On motion by Senator Darrington, seconded by Senator VISITORS, GUARDIANS AD LITEM, PHYSICIANS, Stennett, the Gubernatorial appointment of Oscar R. Steinley as CONSERVATORS, SPECIAL CONSERVATORS AND a member of the Idaho State Racing Commission was confirmed PERSONS BRINGING OR DEFENDING A by voice vote. CONSERVATORSHIP PROCEEDING.

The President declared the report adopted and directed the S 1314 Secretary of the Senate to prepare letters of the Gubernatorial BY JUDICIARY AND RULES COMMITTEE appointment confirmations for his signature, attested to by the AN ACT Secretary, to be transmitted to the Governor informing him of the RELATING TO THE PROBATE OF WILLS AND action of the Senate. ADMINISTRATION; AMENDING SECTION 15-3-1201, IDAHO CODE, TO REVISE CRITERIA TO BE SET FORTH The Senate advanced to the Eleventh Order of Business. IN AN AFFIDAVIT MADE BY OR ON BEHALF OF A SUCCESSOR TO A DECEDENT TO REFLECT AN Introduction, First Reading, and Reference of Bills, INCREASE IN THE MAXIMUM FAIR MARKET VALUE OF House Petitions, Resolutions, and Memorials ESTATES QUALIFIED TO COLLECT CERTAIN PERSONAL PROPERTY BY AFFIDAVIT.

S 1311 S 1315 BY FINANCE COMMITTEE BY JUDICIARY AND RULES COMMITTEE AN ACT AN ACT APPROPRIATING SEVEN MILLION DOLLARS OR A RELATING TO PROTECTION OF PERSONS UNDER LESSER AMOUNT AS MAY BECOME AVAILABLE TO THE DISABILITY; AMENDING SECTION 15-5-308, IDAHO DEPARTMENT OF LABOR OF THE STATE OF IDAHO CODE, TO PROVIDE CERTAIN RESTRICTIONS ON THE PURSUANT TO SECTION 903 OF THE FEDERAL SOCIAL APPOINTMENT OF VISITORS AND GUARDIANS AD SECURITY ACT, AS AMENDED, FOR EXPENSES LITEM. INCURRED FOR THE ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE AND EMPLOYMENT S 1316 SERVICE PROGRAMS AND PROVIDING THAT NO BY JUDICIARY AND RULES COMMITTEE PORTION OF THESE FUNDS MAY BE USED FOR THE AN ACT PURCHASE OR CONSTRUCTION OF OFFICE BUILDINGS; RELATING TO PROFESSIONAL SERVICE LIMITED AND PROVIDING THAT NO PART OF THE MONEY LIABILITY COMPANIES; AMENDING SECTION 53-615, APPROPRIATED SHALL BE OBLIGATED AFTER THE IDAHO CODE, TO PROVIDE THAT ONE OR MORE EXPIRATION OF THE TWO YEAR PERIOD BEGINNING PERSONS MEETING DESIGNATED CRITERIA MAY WITH THE FIRST DAY OF JULY 2002. ORGANIZE AND BECOME A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY. S 1312 BY JUDICIARY AND RULES COMMITTEE S 1317 AN ACT BY JUDICIARY AND RULES COMMITTEE RELATING TO DISTRICT JUDGES; AMENDING SECTION AN ACT 1-702, IDAHO CODE, TO PROVIDE THAT APPOINTED JUDGES SHALL HOLD OFFICE UNTIL THE NEXT RELATING TO NONPROBATE TRANSFERS; REPEALING GENERAL ELECTION FOR DISTRICT JUDGES SECTION 15-6-107, IDAHO CODE, AND AMENDING OCCURRING AT LEAST ONE YEAR FOLLOWING THE CHAPTER 6, TITLE 15, IDAHO CODE, BY THE ADDITION DATE OF THE JUDGE'S APPOINTMENT; AMENDING OF A NEW SECTION 15-6-107, IDAHO CODE, TO SECTION 34-616, IDAHO CODE, TO REVISE ELECTION PROVIDE FOR THE LIABILITY OF NONPROBATE PROCEDURES FOR DISTRICT JUDGES; DECLARING AN TRANSFEREES FOR CREDITOR CLAIMS AND EMERGENCY AND PROVIDING AN EFFECTIVE DATE. STATUTORY ALLOWANCES. 44 SENATE JOURNAL January 23, 2002]

S 1318 ______BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO THE CHILD CARE LICENSING REFORM SEVENTEENTH LEGISLATIVE DAY ACT; AMENDING SECTION 39-1202, IDAHO CODE, TO WEDNESDAY, JANUARY 23, 2002 FURTHER DEFINE TERMS; AMENDING SECTION 39-1204, IDAHO CODE, TO REQUIRE DISCLOSURE REPORTS FROM CHILDREN'S AGENCIES AND INSTITUTIONS; Senate Chamber AMENDING SECTION 39-1205, IDAHO CODE, TO REQUIRE EVALUATION OF DISCLOSURE REPORTS FOR President Riggs called the Senate to order at 11:30 a.m. CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS; AMENDING CHAPTER 12, TITLE 39, IDAHO CODE, BY Roll call showed all members present except Senator THE ADDITION OF A NEW SECTION 39-1208, IDAHO Branch, absent and formally excused by the Chair; and Senators CODE, TO SPECIFY STANDARDS FOR CHILDREN'S Frasure, Sandy, Schroeder, and Stennett, absent and excused. THERAPEUTIC OUTDOOR PROGRAMS; AND AMENDING SECTIONS 39-1213, 39-1214, 39-1216, 39-1217, 39-1219, Prayer was offered by Chaplain C. Leon Johnson. 39-1220, 39-1221 AND 39-1222, IDAHO CODE, TO SPECIFY INCLUSION OF CHILDREN'S THERAPEUTIC OUTDOOR The Senate advanced to the Third Order of Business. PROGRAMS WITHIN REQUIREMENTS OF THE CHAPTER. Reading and Correction of the Journal S 1319 BY HEALTH AND WELFARE COMMITTEE The JUDICIARY AND RULES Committee reports that the AN ACT Senate Journal of the proceedings of January 22, 2002, was read RELATING TO THE CREATION OF A TRAUMA REGISTRY; PROVIDING A STATEMENT OF PURPOSE; and approved as corrected. AMENDING TITLE 57, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 20, TITLE 57, IDAHO CODE, TO DARRINGTON, Chairman PROVIDE A PURPOSE OF THE REGISTRY, TO DEFINE TERMS, TO PROVIDE ESTABLISHMENT OF A TRAUMA There being no objection, the report was adopted and REGISTRY, TO REQUIRE PARTICIPATION IN THE ordered filed in the office of the Secretary of the Senate. PROGRAM, TO PROVIDE CREATION OF A TRAUMA REGISTRY FUND AND THE PURPOSES OF THE FUND, TO Senators Frasure and Schroeder were recorded present at this PROVIDE CONFIDENTIALITY FOR CERTAIN RECORDS, AND TO LIMIT LIABILITY FOR COMPLIANCE WITH THE order of business. REQUIREMENTS OF THIS CHAPTER; AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE AN On request by Senator Risch, granted by unanimous consent, EXEMPTION FROM PROVISIONS OF THE OPEN RECORDS the Senate advanced to the Sixth Order of Business. LAW FOR TRAUMA REGISTRY DATA AND TO MAKE A TECHNICAL CORRECTION; PROVIDING AN EFFECTIVE Reports of Standing Committees DATE WITH AUTHORITY TO PROMULGATE RULES; AND PROVIDING FOR SUNSET OF THE PROVISIONS OF THIS Senator Stennett was recorded present at this order of CHAPTER. business. S 1311, S 1312, S 1313, S 1314, S 1315, S 1316, S 1317, S 1318, and S 1319 were introduced, read the first time at length, January 23, 2002 and referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports that Senator Sandy was recorded present at this order of S 1311, S 1312, S 1313, S 1314, S 1315, S 1316, S 1317, business. S 1318, and S 1319 have been correctly printed.

The Senate advanced to the Twelfth Order of Business. DARRINGTON, Chairman

Second Reading of Bills S 1311 was referred to the Finance Committee.

S 1301, by Finance Committee, was read the second time at S 1312, S 1313, S 1314, S 1315, S 1316, and S 1317 were length and filed for third reading. referred to the Judiciary and Rules Committee.

On request by Senator Risch, granted by unanimous consent, S 1318 and S 1319 were referred to the Health and Welfare the Senate advanced to the Fifteenth Order of Business. Committee.

Miscellaneous Business January 22, 2002

On motion by Senator Risch, seconded by Senator Stennett, The TRANSPORTATION Committee reports out S 1277 by voice vote the Senate adjourned at 11:50 a.m. until the hour with the recommendation that it do pass. of 11:30 a.m., Wednesday, January 23, 2002.

JACK RIGGS, President FRASURE, Chairman

Attest: JEANNINE WOOD, Secretary S 1277 was filed for second reading. [January 23, 2002 SENATE JOURNAL 45

January 22, 2002 Senator Sandy was recorded present at this order of business. The TRANSPORTATION Committee reports out S 1276 with the recommendation that it be referred to the Fourteenth On request by Senator Risch, granted by unanimous consent, Order of Business for amendment. the Senate advanced to the Eleventh Order of Business.

FRASURE, Chairman Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials There being no objection, S 1276 was referred to the Fourteenth Order of Business, General Calendar. S 1320 BY TRANSPORTATION COMMITTEE January 23, 2002 AN ACT RELATING TO PARKING PRIVILEGES FOR PERSONS The FINANCE Committee reports out S 1311 with the WITH A DISABILITY; AMENDING SECTION 49-213, recommendation that it do pass. IDAHO CODE, TO PROVIDE CLARIFICATION OF REQUIREMENTS GOVERNING PARKING SPACES TO BE CAMERON, Chairman DESIGNATED AND TO INCREASE PENALTIES FOR VIOLATION; AND AMENDING SECTION 49-410, IDAHO S 1311 was filed for second reading. CODE, TO PROVIDE CLARIFICATION OF REQUIREMENTS GOVERNING SPECIAL PLATES OR January 23, 2002 PLACARDS TO BE USED BY PERSONS WITH DISABILITIES AND PROVIDING PENALTIES FOR The EDUCATION Committee reports it has had under VIOLATION. consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by S 1321 the Senate: BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT Paul Agidius to the State Board of Education, term to expire RELATING TO COMMERCIAL TRANSACTIONS; March 1, 2006; AMENDING SECTION 28-41-201, IDAHO CODE, TO REVISE THE LIST OF ACTIVITIES THAT CONSTITUTE A Laird B. Stone to the State Board of Education, term to SALE, LOAN, OR MODIFICATION OF A SALE OR LOAN expire March 1, 2003. FOR PURPOSES OF APPLICATION OF CHAPTER 41, TITLE 28, IDAHO CODE; AMENDING SECTION 28-41-302, SCHROEDER, Chairman IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 28-45-201, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION The Gubernatorial appointments were referred to the Tenth 28-46-108, IDAHO CODE, TO AUTHORIZE THE DIRECTOR Order of Business, Motions and Resolutions, and ordered held at OF THE DEPARTMENT OF FINANCE TO ISSUE CERTAIN the Secretary’s desk for one legislative day. ORDERS WITH RESPECT TO UNCONSCIONABLE AGREEMENTS OR FRAUDULENT OR UNCONSCIONABLE January 23, 2002 CONDUCT; AMENDING SECTION 28-46-113, IDAHO CODE, TO STRIKE A PROHIBITION AGAINST The HEALTH AND WELFARE Committee reports out IMPOSITION OF CERTAIN STATUTORY CIVIL PENALTIES IN REGARD TO UNCONSCIONABLE S 1294 with the recommendation that it do pass. AGREEMENTS OR FRAUDULENT OR UNCONSCIONABLE CONDUCT AND TO MAKE A TECHNICAL CORRECTION; LODGE, Vice Chairman AMENDING THE HEADING TO CHAPTER 49, TITLE 28, IDAHO CODE; REPEALING SECTION 28-49-101, IDAHO S 1294 was filed for second reading. CODE; AMENDING CHAPTER 49, TITLE 28, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 28-49-101, On request by Senator Risch, granted by unanimous consent, IDAHO CODE, TO PROVIDE FOR THE RELATIONSHIP TO the Senate advanced to the Ninth Order of Business. OTHER LAWS; AND REPEALING SECTIONS 28-49-102, 28-49-103, 28-49-104 AND 28-49-106, IDAHO CODE. Messages from the House S 1322 BY COMMERCE AND HUMAN RESOURCES January 22, 2002 COMMITTEE AN ACT Mr. President: RELATING TO IDAHO REAL ESTATE LICENSE LAW; AMENDING SECTION 54-2004, IDAHO CODE, TO REVISE AND DEFINE TERMS; AMENDING SECTION 54-2012, I transmit herewith HJM 11 and HJM 12 which have passed IDAHO CODE, TO MAKE A TECHNICAL CHANGE, TO the House. PROVIDE THAT APPLICANTS SHALL FILE NEW FINGERPRINTS IF ORIGINAL FINGERPRINTS JUKER, Chief Clerk SUBMITTED TO THE COMMISSION ARE DEEMED ILLEGIBLE AND TO PROVIDE FOR AN ALTERNATIVE HJM 11 and HJM 12 were filed for first reading. METHOD FOR VERIFICATION OF LISTINGS AND SALES 46 SENATE JOURNAL January 23, 2002]

REPORTS; AMENDING SECTION 54-2015, IDAHO CODE, TO PROVIDE THAT NO INSURER REGULATED TO MAKE A GRAMMATICAL CORRECTION; AMENDING PURSUANT TO TITLE 41, IDAHO CODE, SHALL CHARGE SECTION 54-2016, IDAHO CODE, TO PROVIDE CORRECT A HIGHER PREMIUM OR CANCEL A POLICY OR TERMINOLOGY; AMENDING SECTION 54-2017, IDAHO COVERAGE BASED PRIMARILY UPON AN INDIVIDUAL'S CODE, TO PROVIDE THAT RECIPROCAL LICENSES CREDIT RATING OR CREDIT HISTORY AND TO PROVIDE SHALL BE ISSUED AND MAINTAINED AS THE SAME EXCEPTION TO SURETY INSURANCE CONTRACTS. TYPE AND STATUS AS THE LICENSEE'S PRIMARY LICENSE AND TO REMOVE LANGUAGE PROVIDING S 1324 THAT CERTAIN LICENSES SHALL BE MADE INACTIVE; BY COMMERCE AND HUMAN RESOURCES AMENDING SECTION 54-2018, IDAHO CODE, TO COMMITTEE REMOVE OBSOLETE LANGUAGE, TO PROVIDE AN ACT CORRECT TERMINOLOGY, TO MAKE TECHNICAL RELATING TO THE IDAHO INSURANCE CODE; CHANGES, TO REVISE PROVISIONS RELATING TO AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY LICENSE RENEWAL AND LATE RENEWAL OF A THE ADDITION OF A NEW SECTION 41-1030, IDAHO LICENSE, TO REVISE PROVISIONS RELATING TO CODE, TO DEFINE TERMS AND TO PROVIDE THAT ACTIVE AND INACTIVE LICENSE STATUS AND TO RETAIL AND WHOLESALE PRODUCERS MAY CHARGE PROVIDE THAT BROKERS SHALL SUBMIT WRITTEN FEES OR BE COMPENSATED BY A COMBINATION OF NOTICE OF CHANGES IN PERSONAL INFORMATION FEES AND COMMISSIONS UPON THE DISCLOSURE OF AND SHALL REMOVE FROM PUBLIC VIEW LICENSE CERTAIN INFORMATION; AND AMENDING SECTION CERTIFICATES BEARING OUTDATED INFORMATION; 41-1803, IDAHO CODE, TO PROVIDE THAT CERTAIN AMENDING SECTION 54-2020, IDAHO CODE, TO PRODUCER FEES SHALL NOT BE CONSIDERED PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE PREMIUMS. FOR A FEE FOR THE COMPILATION OF CERTIFIED COPIES OF A LICENSEE'S EDUCATION OR LICENSE S 1320, S 1321, S 1322, S 1323, and S 1324 were HISTORY; AMENDING SECTION 54-2040, IDAHO CODE, introduced, read the first time at length, and referred to the TO MAKE GRAMMATICAL CHANGES, TO PROVIDE Judiciary and Rules Committee for printing. THAT BROKERS SHALL REMOVE FROM PUBLIC VIEW LICENSE CERTIFICATES BEARING OUTDATED HJM 11 and HJM 12, by Revenue and Taxation INFORMATION, TO PROVIDE CORRECT TERMINOLOGY Committee, were introduced, read at length, and referred to the AND TO MAKE TECHNICAL CHANGES; AMENDING Local Government and Taxation Committee. SECTION 54-2041, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE THAT ONLY MONEYS On request by Senator Risch, granted by unanimous consent, RELATING TO REGULATED REAL ESTATE the Senate advanced to the Thirteenth Order of Business. TRANSACTIONS MAY BE DEPOSITED IN A BROKER'S REAL ESTATE TRUST FUND ACCOUNT; AMENDING Third Reading of Bills SECTION 54-2054, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-2056, IDAHO S 1301 was read the third time at length, section by section, CODE, TO PROVIDE CORRECT TERMINOLOGY, TO and placed before the Senate for final consideration. Senator MAKE A TECHNICAL CHANGE, TO PROVIDE FOR Cameron arose as sponsor of the bill and opened the debate. The WRITTEN NOTICE OF TERMINATION OF LICENSED question being, “Shall the bill pass?” ASSOCIATIONS, TO PROVIDE THAT BROKERS SHALL REMOVE FROM PUBLIC VIEW A FORMER ASSOCIATE'S Roll call resulted as follows: LICENSE CERTIFICATE UPON TERMINATION, TO PROVIDE THAT BROKERS SHALL SUBMIT WRITTEN AYES--Andreason, Boatright, Brandt, Bunderson, APPLICATIONS FOR EACH SALES ASSOCIATE Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, LICENSING WITH THE BROKER AND TO PROVIDE THAT Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, BROKERS SHALL PROVIDE WRITTEN NOTICE OF THE CLOSURE OF A BRANCH OFFICE AND IMMEDIATELY Little, Lodge, Marley, Messinger (Ipsen), Noh, Pasley-Stuart REMOVE FROM PUBLIC VIEW LICENSE CERTIFICATES (Dunklin), Richardson, Risch, Sandy, Schroeder, Sims, BEARING OUTDATED INFORMATION; AND AMENDING Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. SECTION 54-2079, IDAHO CODE, TO PROVIDE CORRECT Total - 34. TERMINOLOGY, TO MAKE TECHNICAL CHANGES AND TO PROVIDE THAT A BROKER WHO TERMINATES A NAYS--None. SALES ASSOCIATE SHALL PROMPTLY FILE A WRITTEN STATEMENT OF FACTS WITH THE COMMISSION. Absent and excused--Branch. Total - 1.

S 1323 Total - 35. BY COMMERCE AND HUMAN RESOURCES COMMITTEE Whereupon the President declared S 1301 passed, title was AN ACT approved, and the bill ordered transmitted to the House. RELATING TO INSURANCE CONTRACTS; AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY THE On request by Senator Risch, granted by unanimous consent, ADDITION OF A NEW SECTION 41-1843, IDAHO CODE, the Senate advanced to the Fifteenth Order of Business. [January 24, 2002 SENATE JOURNAL 47

Miscellaneous Business January 23, 2002

On motion by Senator Risch, seconded by Acting Senator The COMMERCE AND HUMAN RESOURCES Pasley-Stuart, by voice vote the Senate adjourned at 12 noon until Committee reports out S 1288 with the recommendation that it the hour of 11:30 a.m., Thursday, January 24, 2002. be referred to the Fourteenth Order of Business for amendment.

JACK RIGGS, President ANDREASON, Chairman

Attest: JEANNINE WOOD, Secretary There being no objection, S 1288 was referred to the Fourteenth Order of Business, General Calendar.

______January 23, 2002

The JUDICIARY AND RULES Committee reports out S 1278, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, and EIGHTEENTH LEGISLATIVE DAY S 1286 with the recommendation that they do pass. THURSDAY, JANUARY 24, 2002 DARRINGTON, Chairman

Senate Chamber S 1278, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, and S 1286 were filed for second reading. President Riggs called the Senate to order at 11:30 a.m. January 23, 2002 Roll call showed all members present except Senators King- The LOCAL GOVERNMENT AND TAXATION Barrutia and Sims, absent and formally excused by the Chair; and Committee reports out HJM 11 and HJM 12 with the Senators Darrington and Ingram, absent and excused. recommendation that they do pass.

Prayer was offered by Chaplain C. Leon Johnson. THORNE, Chairman

The Senate advanced to the Third Order of Business. HJM 11 and HJM 12 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Reading and Correction of the Journal Secretary’s desk for one legislative day.

Senators Darrington and Ingram were recorded present at January 23, 2002 this order of business. The STATE AFFAIRS Committee reports out S 1296 with The JUDICIARY AND RULES Committee reports that the the recommendation that it do pass. Senate Journal of the proceedings of January 23, 2002, was read and approved as corrected. SORENSEN, Chairman

DARRINGTON, Chairman S 1296 was filed for second reading.

There being no objection, the report was adopted and January 23, 2002 ordered filed in the office of the Secretary of the Senate. The STATE AFFAIRS Committee reports it has had under On request by Senator Sandy, granted by unanimous consideration the Gubernatorial appointments listed below and the consent, the Senate advanced to the Sixth Order of Business. Committee recommends that said appointments be confirmed by Reports of Standing Committees the Senate:

January 24, 2002 Patricia J. Story to the Idaho State Building Authority, term to expire January 1, 2006; The JUDICIARY AND RULES Committee reports that S 1320, S 1321, S 1322, S 1323, and S 1324 have been correctly J. Philip Reberger to the Idaho State Building Authority, printed. term to expire January 1, 2007.

DARRINGTON, Chairman SORENSEN, Chairman S 1320 was referred to the Transportation Committee. The Gubernatorial appointments were referred to the Tenth S 1321, S 1322, S 1323, and S 1324 were referred to the Order of Business, Motions and Resolutions, and ordered held at Commerce and Human Resources Committee. the Secretary’s desk for one legislative day. 48 SENATE JOURNAL January 24, 2002]

January 18, 2002 S 1326 BY LOCAL GOVERNMENT AND TAXATION The JUDICIARY AND RULES Committee reports it has COMMITTEE had under consideration the Gubernatorial appointment listed AN ACT below and the Committee recommends that said appointment be RELATING TO HOMEOWNER'S ASSOCIATIONS; confirmed by the Senate: AMENDING CHAPTER 8, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-810, IDAHO CODE, TO PROVIDE FOR LIENS BY HOMEOWNER'S Del Ray Holm to the Idaho Commission on Pardons and ASSOCIATIONS, TO SPECIFY ENFORCEABLE Parole, term to expire January 1, 2004. ASSESSMENTS, TO PROVIDE FOR ACTIONS TO RECOVER UNPAID SUMS AND TO DEFINE DARRINGTON, Chairman "HOMEOWNER'S ASSOCIATION."

The Gubernatorial appointment was referred to the Tenth S 1327 BY STATE AFFAIRS COMMITTEE Order of Business, Motions and Resolutions, and ordered held at AN ACT the Secretary’s desk for one legislative day. RELATING TO THE POW/MIA SCHOLARSHIP ACT OF 1972; AMENDING SECTION 33-4302, IDAHO CODE, TO On request by Senator Sandy, granted by unanimous INCREASE THE BENEFIT AMOUNT FOR SCHOLARSHIP ASSISTANCE TO ELIGIBLE STUDENTS AND TO MAKE A consent, the Senate advanced to the Ninth Order of Business. TECHNICAL CORRECTION.

Messages from the House S 1328 BY HEALTH AND WELFARE COMMITTEE January 23, 2002 AN ACT RELATING TO REQUIREMENTS FOR A PRESCRIPTION DRUG INFORMATION CARD; AMENDING CHAPTER 21, Mr. President: TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-2147, IDAHO CODE, TO REQUIRE A I transmit herewith H 416, H 401, H 402, H 405, H 434, PRESCRIPTION DRUG INFORMATION CARD TO BE H 435, H 436, H 449, H 450, H 451, H 452, H 453, H 454, and PROVIDED BY EACH INSURER OFFERING DISABILITY H 458 which have passed the House. INSURANCE POLICIES, TO PRESCRIBE THE FORMAT OF THE CARD, TO REQUIRE A PENALTY FOR NONCOMPLIANCE AND TO PROVIDE THE DATE OF JUKER, Chief Clerk APPLICABILITY; AMENDING CHAPTER 22, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION H 416, H 401, H 402, H 405, H 434, H 435, H 436, 41-2224, IDAHO CODE, TO REQUIRE A PRESCRIPTION H 449, H 450, H 451, H 452, H 453, H 454, and H 458 were DRUG INFORMATION CARD TO BE PROVIDED BY EACH filed for first reading. INSURER OFFERING DISABILITY INSURANCE POLICIES, TO PRESCRIBE THE FORMAT OF THE CARD, TO On request by Senator Sandy, granted by unanimous REQUIRE A PENALTY FOR NONCOMPLIANCE AND TO consent, the Senate advanced to the Eleventh Order of Business. PROVIDE THE DATE OF APPLICABILITY; AND AMENDING CHAPTER 52, TITLE 41, IDAHO CODE, BY Introduction, First Reading, and Reference of Bills, THE ADDITION OF A NEW SECTION 41-5213, IDAHO House Petitions, Resolutions, and Memorials CODE, TO REQUIRE A PRESCRIPTION DRUG INFORMATION CARD TO BE PROVIDED BY EACH S 1325 INSURER OFFERING HEALTH BENEFIT PLANS, TO BY JUDICIARY AND RULES COMMITTEE PRESCRIBE THE FORMAT OF THE CARD, TO REQUIRE AN ACT A PENALTY FOR NONCOMPLIANCE AND TO PROVIDE RELATING TO AIRPLANE AND AIRPORT SECURITY; THE DATE OF APPLICABILITY. AMENDING SECTION 18-7503, IDAHO CODE, TO PROVIDE THAT ANY PERSON WHO ATTEMPTS TO S 1325, S 1326, S 1327, and S 1328 were introduced, read ENTER OR ENTERS AN AIRPLANE OR STERILE AREA OF the first time at length, and referred to the Judiciary and Rules AN AIRPORT WITH A CONCEALED OR UNCONCEALED Committee for printing. WEAPON SHALL BE GUILTY OF A MISDEMEANOR, TO PROVIDE ANY PERSON WHO ATTEMPTS TO ENTER OR H 416, by Mr. Speaker, was introduced, read the first time ENTERS AN AIRPLANE OR STERILE AREA IN AN at length, and referred to the Resources and Environment AIRPORT WITH A WILLFULLY AND INTENTIONALLY Committee. CONCEALED WEAPON SHALL BE GUILTY OF A FELONY, TO DEFINE STERILE AREA, TO PROVIDE H 401, H 402, and H 405, by Mr. Speaker, were EXCEPTIONS FOR AUTHORIZED LAW ENFORCEMENT introduced, read the first time at length, and referred to the PERSONNEL, TO PROVIDE SEARCH AUTHORITY FOR Judiciary and Rules Committee. AIRPORT PERSONNEL, TO PROHIBIT INTERFERENCE WITH CERTAIN PERSONNEL IN AIRPORTS CARRYING H 434, H 435, H 436, H 449, H 450, H 451, H 452, OUT THEIR DUTIES, AND TO PROVIDE LEGAL H 453, and H 458, by Appropriations Committee, were IMMUNITY TO AIRPORTS IN CERTAIN introduced, read the first time at length, and referred to the CIRCUMSTANCES; AND DECLARING AN EMERGENCY. Finance Committee. [January 25, 2002 SENATE JOURNAL 49

H 454, by Revenue and Taxation Committee, was The Senate advanced to the Fourth Order of Business. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Reading of Communications

The Senate advanced to the Twelfth Order of Business. Senator Hawkins was recorded present at this order of business. Second Reading of Bills January 22, 2002 S 1277, by Transportation Committee, was read the second time at length and filed for third reading. Honorable Robert L. Geddes President Pro Tempore S 1311, by Finance Committee, was read the second time at Idaho Legislature length and filed for third reading. Dear President Pro Tem Geddes: S 1294, by Health and Welfare Committee, was read the second time at length and filed for third reading. On behalf of the Board of Commissioners of the Idaho State Bar, I am pleased to inform you that the Commission voted to On request by Senator Sandy, granted by unanimous appoint Judge Randy Smith of Pocatello to a six-year term on the consent, the Senate advanced to the Fifteenth Order of Business. Idaho Judicial Council. The six-year term commenced on July 1, 2001, and will expire June 30, 2007. Judge Smith succeeds Miscellaneous Business Judge Burdick whose term expired June 30, 2001. Pursuant to Idaho Code Section 1-2101, the appointment requires the consent On motion by Senator Sandy, seconded by Senator Marley, of the Idaho State Senate. Judge Smith has served since July by voice vote the Senate adjourned at 12:26 p.m. until the hour pending confirmation of the Senate. of 11:30 a.m., Friday, January 25, 2001. Attached is a copy of the letter to Governor Dirk JACK RIGGS, President Kempthorne reporting the appointment of Judge Smith.

Attest: JEANNINE WOOD, Secretary If you have any questions, or need additional information, please let me know.

______Sincerely /s/ Diane K. Minnich Executive Director NINETEENTH LEGISLATIVE DAY Idaho State Bar FRIDAY, JANUARY 25, 2002 The correspondence was ordered filed in the office of the Secretary of the Senate. Senate Chamber The Idaho State Bar appointment was referred to the President Riggs called the Senate to order at 11:30 a.m. Judiciary and Rules Committee.

Roll call showed all members present except Senators On request by Senator Davis, granted by unanimous consent, Branch, King-Barrutia, Sims, and Stegner, absent and formally the Senate advanced to the Sixth Order of Business. excused by the Chair; President Pro Tempore Geddes and Senator Hawkins, absent and excused. Reports of Standing Committees Prayer was offered by Chaplain C. Leon Johnson. January 25, 2002 The Senate advanced to the Third Order of Business. The JUDICIARY AND RULES Committee reports that Reading and Correction of the Journal S 1325, S 1326, S 1327, and S 1328 have been correctly printed.

President Pro Tempore Geddes was recorded present at this DARRINGTON, Chairman order of business. S 1325 was referred to the Judiciary and Rules Committee. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 24, 2002, was read S 1326 was referred to the Local Government and Taxation and approved as corrected. Committee. DARRINGTON, Chairman S 1327 was referred to the State Affairs Committee. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. S 1328 was referred to the Health and Welfare Committee. 50 SENATE JOURNAL January 25, 2002]

January 24, 2002 On motion by Senator Sorensen, seconded by Senator Dunklin, the Gubernatorial appointment of Patricia Story as a The COMMERCE AND HUMAN RESOURCES member of the Idaho State Building Authority was confirmed by Committee reports out S 1289, S 1290, and S 1303 with the voice vote. recommendation that they do pass. On motion by Senator Risch, seconded by Senator Dunklin, ANDREASON, Chairman the Gubernatorial appointment of J. Philip Reberger as a member of the Idaho State Building Authority was confirmed by voice S 1289, S 1290, and S 1303 were filed for second reading. vote.

January 24, 2002 The President declared the report adopted and directed the Secretary of the Senate to prepare letters of the Gubernatorial The COMMERCE AND HUMAN RESOURCES appointment confirmations for his signature, attested to by the Committee reports out H 408, H 410, H 411, H 413, and H 414 Secretary, to be transmitted to the Governor informing him of the with the recommendation that they do pass. action of the Senate.

ANDREASON, Chairman The President announced the Judiciary and Rules Committee report relative to the Gubernatorial appointment of Del Ray Holm H 408, H 410, H 411, H 413, and H 414 were filed for was before the Senate for final consideration, the question being, second reading. “Shall the report be adopted?”

On request by Senator Davis, granted by unanimous consent, On motion by Senator Hawkins, seconded by Senator the Senate advanced to the Ninth Order of Business. Darrington, the Gubernatorial appointment of Del Ray Holm as a member of the Idaho Commission on Pardons and Parole was Messages from the House confirmed by voice vote.

January 24, 2002 The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial Mr. President: appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the I transmit herewith HCR 40 and H 425 which have passed action of the Senate. the House. The President announced that HJM 11 was before the Senate JUKER, Chief Clerk for final consideration, the question being, “Shall the memorial be adopted?” HCR 40 and H 425 were filed for first reading. On motion by Senator Hawkins, seconded by Senator The Senate advanced to the Tenth Order of Business. Thorne, HJM 11 was adopted by voice vote, title was approved, and the memorial ordered returned to the House. Motions and Resolutions On request by Senator Davis, granted by unanimous consent, The President announced the Education Committee report, the Senate advanced to the Eleventh Order of Business. relative to the Gubernatorial appointments of Paul Agidius and Laird B. Stone, was before the Senate for final consideration, the Introduction, First Reading, and Reference of Bills, question being, “Shall the report be adopted?” House Petitions, Resolutions, and Memorials

On motion by Senator Schroeder, seconded by Senator S 1329 Dunklin, the Gubernatorial appointment of Paul Agidius as a BY HEALTH AND WELFARE COMMITTEE member of the State Board of Education was confirmed by voice AN ACT vote. RELATING TO VITAL STATISTICS; AMENDING SECTION 39-241, IDAHO CODE, TO REVISE THE DEFINITION OF On motion by Senator Noh, seconded by Senator Dunklin, STILLBIRTH AND TO MAKE TECHNICAL CORRECTIONS; the Gubernatorial appointment of Laird B. Stone as a member of AND AMENDING SECTION 39-260, IDAHO CODE, TO the State Board of Education was confirmed by voice vote. PROVIDE THAT STILLBIRTHS SHALL BE DEFINED AS A SPONTANEOUS FETAL DEATH OF TWENTY The President declared the report adopted and directed the COMPLETED WEEKS GESTATION OR MORE BASED ON Secretary of the Senate to prepare letters of the Gubernatorial A CLINICAL ESTIMATE OF GESTATION AND TO MAKE appointment confirmations for his signature, attested to by the A TECHNICAL CORRECTION. Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1329 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. The President announced the State Affairs Committee report, relative to the Gubernatorial appointments of Patricia Story and HCR 40, by Transportation and Defense Committee, was J. Philip Reberger, was before the Senate for final consideration, introduced, read at length, and referred to the State Affairs the question being, “Shall the report be adopted?” Committee. [January 28, 2002 SENATE JOURNAL 51

H 425, by State Affairs Committee, was introduced, read Petitions, Resolutions, and Memorials the first time at length, and referred to the State Affairs Committee. SJM 110 BY JUDICIARY AND RULES COMMITTEE A JOINT MEMORIAL The Senate advanced to the Twelfth Order of Business. TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED, AND Second Reading of Bills TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE S 1278, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, UNITED STATES. and S 1286, by Judiciary and Rules Committee, were read the second time at length and filed for third reading. We, your Memorialists, the Senate and the House of Representatives of the State of Idaho assembled in the Second Regular Session of the Fifty-sixth Idaho Legislature, do hereby S 1296, by State Affairs Committee, was read the second respectfully represent that: time at length and filed for third reading. WHEREAS, in the year 1890, Idaho was admitted to the On request by Senator Davis, granted by unanimous consent, Union and Congress created the District of Idaho and soon the Senate advanced to the Fifteenth Order of Business. thereafter appointed Idaho's first United States District Judge for the District of Idaho. A second judgeship was created in the year Miscellaneous Business 1954. Since that time, Congress has not approved any new district judicial positions for the District of Idaho; and On motion by Senator Davis, seconded by Senator Stennett, WHEREAS, in the year 1954, the resident population of the state of Idaho was roughly 600,000. Based on the year 2000 by voice vote the Senate adjourned at 12:15 p.m. until the hour census, the current population of the state of Idaho has climbed of 10:45 a.m., Monday, January 28, 2002. to 1,293,953 residents; and WHEREAS, Idaho's United States District Judges are JACK RIGGS, President required to travel throughout the state of Idaho to conduct hearings and trials in both civil and criminal cases. The two Attest: JEANNINE WOOD, Secretary judges hear cases in the four distant authorized locations including Coeur d'Alene and Moscow situated in northern Idaho ______and Pocatello and Boise located in southern Idaho; and WHEREAS, the number of civil and criminal cases has increased significantly since 1954, placing a burden on our judges and court system. In the year 2001, a total of 852 cases were TWENTY-SECOND LEGISLATIVE DAY filed in Idaho's United States District Court; and MONDAY, JANUARY 28, 2002 WHEREAS, given the population growth in the state of Idaho, the concurrent increase in cases filed in our United States District Court, and the logistical difficulty posed by our judges Senate Chamber conducting proceedings in the far reaching areas of our state, the addition of a third United States District Judge for the state of President Riggs called the Senate to order at 10:45 a.m. Idaho is imperative. NOW, THEREFORE, BE IT RESOLVED that the members Roll call showed all members present except Senators of the Second Regular Session of the Fifty-sixth Idaho Branch, Sims, and Thorne, absent and formally excused by the Legislature, the Senate and the House of Representatives concurring therein, hereby respectfully urge the Congress of the Chair; and Senators Dunklin, Frasure, Noh, and Risch, absent United States to authorize an additional United States District and excused. Court Judge and commensurate staff for the District of Idaho to assist in handling current and anticipated caseloads in the District Prayer was offered by Chaplain C. Leon Johnson. of Idaho; and BE IT FURTHER RESOLVED that the Secretary of the The Senate advanced to the Third Order of Business. Senate be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the Senate and the Reading and Correction of the Journal Speaker of the House of Representatives of Congress, and the congressional delegation representing the State of Idaho in the Congress of the United States. Senators Dunklin, Frasure, Noh, and Risch were recorded present at this order of business. SJM 110 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 25, 2002, was read The Senate advanced to the Sixth Order of Business. and approved as corrected. Reports of Standing Committees DARRINGTON, Chairman January 28, 2002 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that S 1329 has been correctly printed. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. DARRINGTON, Chairman 52 SENATE JOURNAL January 28, 2002]

S 1329 was referred to the Health and Welfare Committee. Motions and Resolutions

On request by Senator Risch, granted by unanimous consent, The President announced that HJM 12 was before the Senate the Senate advanced to the Eighth Order of Business. for final consideration, the question being, “Shall the memorial be adopted?” Messages from the Governor On motion by Senator Bunderson, seconded by Senator January 22, 2002 Sorensen, HJM 12 was adopted by voice vote, title was approved, and the memorial ordered returned to the House. The Honorable Jack Riggs President of the Senate The Senate advanced to the Eleventh Order of Business. Idaho Legislature Introduction, First Reading, and Reference of Bills, Dear Mr. President: House Petitions, Resolutions, and Memorials

I have the honor to inform you that I have appointed Martin S 1330 Thorne of Nampa, Idaho, to be Acting State Senator for BY JUDICIARY AND RULES COMMITTEE Legislative District 12. This appointment is effective January 28, AN ACT 2002, and will continue until such time as Senator J.L. “Jerry” RELATING TO DIVORCE ACTIONS; AMENDING SECTION Thorne is able to resume his duties. 32-717, IDAHO CODE, TO REVISE CERTAIN FACTORS TO BE CONSIDERED BY THE COURT IN PROVIDING Sincerely, DIRECTION FOR THE CUSTODY, CARE AND /s/ Dirk Kempthorne EDUCATION OF THE CHILDREN OF THE MARRIAGE. Governor S 1330 was introduced, read the first time at length, and THE OFFICE OF THE GOVERNOR referred to the Judiciary and Rules Committee for printing. EXECUTIVE DEPARTMENT BOISE, IDAHO The Senate advanced to the Twelfth Order of Business. CERTIFICATE OF APPOINTMENT Second Reading of Bills KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, J.L. “Jerry” Thorne, S 1289, S 1290, and S 1303, by Commerce and Human State Senator, District 12, Canyon County, State of Idaho, has Resources Committee, were read the second time at length and nominated Martin Thorne of 420 W. Dakota Avenue, Nampa, filed for third reading. Idaho, 83686, to perform the duties of this office temporarily as Acting State Senator. H 408, H 410, H 411, H 413, and H 414, by Mr. Speaker, were read the second time at length and filed for third reading. NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor of the State of Idaho, by virtue of the authority vested in me do The Senate advanced to the Thirteenth Order of Business. hereby appoint Martin Thorne of Nampa, Idaho, to the office of State Senator, District 12, for a term commencing January 28, Third Reading of Bills 2002, and continuing until such time as Senator J.L. “Jerry” Thorne is able to resume his duties. S 1277 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator IN TESTIMONY WHEREOF, I have hereunto set my hand Ingram arose as sponsor of the bill and opened the debate. The and caused to be affixed the Great Seal of the State of Idaho. question being, “Shall the bill pass?”

Done at Boise, the Capital of Idaho this 22nd day of January Roll call resulted as follows: in the year of our Lord Two Thousand and Two and of the Independence of the United States of America the Two Hundred AYES--Andreason, Boatright, Brandt, Bunderson, and Twenty-sixth year. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, /s/ BY THE GOVERNOR DIRK KEMPTHORNE King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, /s/ SECRETARY OF STATE PETE T. CENARRUSA Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. NAYS--None.

The President announced that the Oath of Office had been Absent and excused--Branch, Hawkins, Sims. Total - 3. administered previously to Acting Senator Thorne, and he was recorded present at this order of business. Total - 35.

On request by Senator Risch, granted by unanimous consent, Whereupon the President declared S 1277 passed, title was the Senate advanced to the Tenth Order of Business. approved, and the bill ordered transmitted to the House. [January 28, 2002 SENATE JOURNAL 53

At this time Senator Risch arose on a point of personal AYES--Andreason, Boatright, Brandt, Bunderson, privilege to announce that a distinguished visitor had arrived, and Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, the President appointed Senators Richardson and Marley to escort Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, the Honorable Mike Simpson, United States House of Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Representatives, into the Senate Chamber where he addressed the Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne members of the Senate. (Thorne), Wheeler, Williams. Total - 33.

The President thanked Congressman Simpson for his NAYS--None. remarks, and Senators Richardson and Marley escorted him from the Chamber, and the committee was discharged. Absent and excused--Branch, Sims. Total - 2.

S 1311 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and opened the debate. Whereupon the President declared S 1278 passed, title was The question being, “Shall the bill pass?” approved, and the bill ordered transmitted to the House.

Roll call resulted as follows: S 1279 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Boatright, Brandt, Bunderson, Richardson arose as sponsor of the bill and opened the debate. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, The question being, “Shall the bill pass?” Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Roll call resulted as follows: Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 33. AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, NAYS--None. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Absent and excused--Branch, Sims. Total - 2. Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 33. Total - 35. NAYS--None. Whereupon the President declared S 1311 passed, title was Absent and excused--Branch, Sims. Total - 2. approved, and the bill ordered transmitted to the House. Total - 35. S 1294 was read the third time at length, section by section, and placed before the Senate for final consideration. Senators Whereupon the President declared S 1279 passed, title was King-Barrutia and Stennett arose as co-sponsors of the bill and approved, and the bill ordered transmitted to the House. opened the debate. The question being, “Shall the bill pass?” S 1281 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes, Roll call resulted as follows: Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, AYES--Andreason, Boatright, Brandt, Bunderson, Schroeder, Sorensen, Stennett, Thorne (Thorne), Wheeler. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Total - 29. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne NAYS--Boatright, Davis, Stegner, Williams. Total - 4. (Thorne), Wheeler, Williams. Total - 33.

Absent and excused--Branch, Sims. Total - 2. NAYS--None.

Absent and excused--Branch, Sims. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1294 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1281 passed, title was approved, and the bill ordered transmitted to the House.

S 1278 was read the third time at length, section by section, S 1282 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. Lodge arose as sponsor of the bill and opened the debate. The The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: 54 SENATE JOURNAL January 29, 2002]

AYES--Andreason, Boatright, Brandt, Bunderson, Roll call showed all members present except Senators Brandt Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, and Sims, absent and formally excused by the Chair; and Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Senators Boatright, Bunderson, Burtenshaw, Cameron, Deide, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Hawkins, Keough, Marley, and Richardson, absent and formally Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne excused on committee business. (Thorne), Wheeler, Williams. Total - 33. Prayer was offered by Chaplain C. Leon Johnson. NAYS--None. The Senate advanced to the Third Order of Business. Absent and excused--Branch, Sims. Total - 2. Reading and Correction of the Journal Total - 35. The JUDICIARY AND RULES Committee reports that the Whereupon the President declared S 1282 passed, title was Senate Journal of the proceedings of January 28, 2002, was read approved, and the bill ordered transmitted to the House. and approved as corrected.

S 1283 was read the third time at length, section by section, DARRINGTON, Chairman and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The There being no objection, the report was adopted and question being, “Shall the bill pass?” ordered filed in the office of the Secretary of the Senate.

Roll call resulted as follows: On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Reports of Standing Committees Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Senators Bunderson, Boatright, Deide, Keough, Marley, and Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne Richardson were recorded present at this order of business. (Thorne), Wheeler, Williams. Total - 33. January 29, 2002 NAYS--None. The JUDICIARY AND RULES Committee reports that Absent and excused--Branch, Sims. Total - 2. S 1330 and SJM 110 have been correctly printed.

Total - 35. DARRINGTON, Chairman Whereupon the President declared S 1283 passed, title was approved, and the bill ordered transmitted to the House. S 1330 was referred to the Judiciary and Rules Committee.

On request by Senator Risch, granted by unanimous consent, SJM 110 was referred to the Tenth Order of Business, the Senate advanced to the Fifteenth Order of Business. Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. Miscellaneous Business January 29, 2002 On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate adjourned at 12:15 p.m. until the hour of 10:30 a.m., Tuesday, January 29, 2002. The STATE AFFAIRS Committee reports out H 425 with the recommendation that it do pass. JACK RIGGS, President SORENSEN, Chairman Attest: JEANNINE WOOD, Secretary H 425 was filed for second reading. ______January 28, 2002

The FINANCE Committee reports out H 434, H 435, TWENTY-THIRD LEGISLATIVE DAY H 436, H 449, H 450, H 451, H 452, H 453, and H 458 with TUESDAY, JANUARY 29, 2002 the recommendation that they do pass.

CAMERON, Chairman Senate Chamber H 434, H 435, H 436, H 449, H 450, H 451, H 452, President Riggs called the Senate to order at 10:30 a.m. H 453, and H 458 were filed for second reading. [January 29, 2002 SENATE JOURNAL 55

January 28, 2002 S 1292, S 1293, and S 1301 were referred to the Judiciary and Rules Committee for enrolling. The LOCAL GOVERNMENT AND TAXATION Committee reports out S 1302 with the recommendation that it be On request by Senator Risch, granted by unanimous consent, referred to the Fourteenth Order of Business for amendment. the Senate advanced to the Eleventh Order of Business.

WHEELER, Vice Chairman Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials There being no objection, S 1302 was referred to the Fourteenth Order of Business, General Calendar. Senators Burtenshaw and Hawkins were recorded present at this order of business. January 28, 2002 S 1331 The LOCAL GOVERNMENT AND TAXATION BY JUDICIARY AND RULES COMMITTEE Committee reports out H 454 with the recommendation that it do AN ACT pass. RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; AMENDING SECTION 18-8004, WHEELER, Vice Chairman IDAHO CODE, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON WHO IS UNDER THE INFLUENCE OF H 454 was filed for second reading. MARIJUANA OR ALCOHOL AND MARIJUANA TO DRIVE OR BE IN ACTUAL PHYSICAL CONTROL OF A MOTOR January 28, 2002 VEHICLE.

The RESOURCES AND ENVIRONMENT Committee S 1332 reports out H 415 and H 416 with the recommendation that they BY JUDICIARY AND RULES COMMITTEE do pass. AN ACT RELATING TO CERTAIN TRESPASS CRIMES; AMENDING NOH, Chairman CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7040, IDAHO CODE, H 415 and H 416 were filed for second reading. TO PROVIDE THE CRIME OF INTERFERENCE WITH AGRICULTURAL RESEARCH, TO PROVIDE PENALTIES, January 28, 2002 TO DEFINE TERMS AND TO PROVIDE FOR RESTITUTION. The JUDICIARY AND RULES Committee reports it has had under consideration the Gubernatorial appointment listed S 1333 below and the Committee recommends that said appointment be BY RESOURCES AND ENVIRONMENT COMMITTEE confirmed by the Senate: AN ACT RELATING TO COMPENSATION FOR DAMAGE TO Thomas J. Hearn to the Idaho Sexual Offender Classification LIVESTOCK BY BLACK BEARS AND MOUNTAIN LIONS; Board, term to expire January 1, 2008. AMENDING SECTION 36-1109, IDAHO CODE, TO REVISE THE DEFINITION OF LIVESTOCK TO INCLUDE GOATS; DARRINGTON, Chairman DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at S 1334 the Secretary’s desk for one legislative day. BY LOCAL GOVERNMENT AND TAXATION On request by Senator Risch, granted by unanimous consent, COMMITTEE the Senate advanced to the Ninth Order of Business. AN ACT RELATING TO ANNEXATION BY CITIES; AMENDING Messages from the House SECTION 50-222, IDAHO CODE, TO REVISE PROCEDURES FOR ANNEXATION OF ADJACENT TERRITORY BY January 28, 2002 CITIES, TO PROVIDE FOR VOLUNTARY AND INVOLUNTARY ANNEXATION, TO PROVIDE FOR Mr. President: HEARINGS, TO PROVIDE FOR OBJECTIONS, TO PROVIDE FOR ELECTIONS AND TO PROVIDE FOR ALTERNATIVES I transmit herewith H 460, H 461, H 462, H 430, H 441, TO ANNEXATION. H 424, H 426, H 427, H 440, H 391, H 392, H 400, H 456, and H 439, and I return herewith S 1292, S 1293, and S 1301, which S 1335 have passed the House. BY LOCAL GOVERNMENT AND TAXATION COMMITTEE JUKER, Chief Clerk AN ACT RELATING TO ANNEXATION BY MUNICIPAL H 460, H 461, H 462, H 430, H 441, H 424, H 426, CORPORATIONS; REPEALING SECTION 50-222, IDAHO H 427, H 440, H 391, H 392, H 400, H 456, and H 439 were CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, filed for first reading. BY THE ADDITION OF A NEW SECTION 50-222, IDAHO 56 SENATE JOURNAL January 29, 2002]

CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE H 434, H 435, H 436, H 449, H 450, H 451, H 452, GENERAL AUTHORITY, TO PROVIDE FOR H 453, and H 458, by Appropriations Committee, were read the CLASSIFICATIONS OF LAND ANNEXATIONS, TO second time at length and filed for third reading. PROVIDE FOR EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN H 454, by Revenue and Taxation Committee, was read the ANNEXATION PROCEDURES, TO PROVIDE JUDICIAL second time at length and filed for third reading. REVIEW AND TO PROVIDE FOR ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING H 415 and H 416, by Mr. Speaker, were read the second SECTION 50-222A, IDAHO CODE; AMENDING SECTION time at length and filed for third reading. 55-2505, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS The Senate advanced to the Thirteenth Order of Business. OF NEWLY CONSTRUCTED RESIDENTIAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND TO Third Reading of Bills MAKE A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO PROVIDE THAT A S 1284 was read the third time at length, section by section, SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE and placed before the Senate for final consideration. Senator THREE QUESTIONS RELATIVE TO NEWLY Lodge arose as sponsor of the bill and opened the debate. The CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT question being, “Shall the bill pass?” PREVIOUSLY HAS NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO Roll call resulted as follows: PROVIDE A DEMAND PROCEDURE TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUNTIES AND AYES--Andreason, Boatright, Branch, Bunderson, CITIES WHICH HAVE NOT ADOPTED REQUIRED Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, ORDINANCES PROVIDING FOR THE IDENTIFICATION OF Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, AN AREA OF CITY IMPACT WITHIN THE Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, UNINCORPORATED AREA OF THE COUNTY OR FOR Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), APPLICATION OF PLANS AND ORDINANCES FOR SUCH Wheeler, Williams. Total - 31. AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE TECHNICAL NAYS--None. CORRECTIONS. Absent and excused--Brandt, Cameron, Hawkins, Sims. S 1331, S 1332, S 1333, S 1334, and S 1335 were Total - 4. introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Total - 35.

H 460, H 461, and H 462, by Appropriations Committee, Whereupon the President declared S 1284 passed, title was were introduced, read the first time at length, and referred to the approved, and the bill ordered transmitted to the House. Finance Committee. S 1285 was read the third time at length, section by section, H 430 and H 456, by State Affairs Committee, were and placed before the Senate for final consideration. Senator introduced, read the first time at length, and referred to the State Lodge arose as sponsor of the bill and opened the debate. The Affairs Committee. question being, “Shall the bill pass?”

H 441, H 440, and H 439, by Revenue and Taxation Roll call resulted as follows: Committee, were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, H 424, by Hornbeck, was introduced, read the first time at Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, length, and referred to the Local Government and Taxation King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Committee. Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. H 426 and H 427, by Transportation and Defense Committee, were introduced, read the first time at length, and NAYS--None. referred to the Transportation Committee. Absent and excused--Brandt, Cameron, Sims. Total - 3. H 391, H 392, and H 400, by Mr. Speaker, were introduced, read the first time at length, and referred to the Health and Welfare Committee. Total - 35.

The Senate advanced to the Twelfth Order of Business. Whereupon the President declared S 1285 passed, title was approved, and the bill ordered transmitted to the House. Second Reading of Bills

H 425, by State Affairs Committee, was read the second Senator Cameron was recorded present at this order of time at length and filed for third reading. business. [January 29, 2002 SENATE JOURNAL 57

S 1286 was read the third time at length, section by section, Roll call showed all members present except Senators and placed before the Senate for final consideration. Senator Brandt, Ipsen, and Sims, absent and formally excused by the Lodge arose as sponsor of the bill and opened the debate. The Chair; and Senators Boatright, Branch, Bunderson, Burtenshaw, question being, “Shall the bill pass?” Cameron, Darrington, Little, Noh, Sandy, Stennett, and Williams, absent and excused. Roll call resulted as follows: Prior to recess the Senate was at the Thirteenth Order of AYES--Andreason, Boatright, Branch, Bunderson, Business, Third Reading of Bills. Burtenshaw, Cameron, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Senators Boatright, Branch, Bunderson, Burtenshaw, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Cameron, Darrington, Little, Noh, Sandy, Stennett, and Williams Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), were recorded present at this order of business. Wheeler, Williams. Total - 31. The President announced that S 1289, having previously NAYS--Ingram. Total - 1. been read the third time at length and debate having previously been opened, was before the Senate for final consideration. The Absent and excused--Brandt, Deide, Sims. Total - 3. question being, “Shall the bill pass?”

Total - 35. On request by Senator Lodge, granted by unanimous consent, S 1289 retained its place on the Third Reading Calendar Whereupon the President declared S 1286 passed, title was for January 31, 2002. approved, and the bill ordered transmitted to the House. Having voted on the prevailing side by which S 1296 failed S 1296 was read the third time at length, section by section, to pass the Senate, Senator Schroeder served notice that he may and placed before the Senate for final consideration. Senator on the next legislative day move for reconsideration of the vote. Darrington arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1296 was ordered held at the Secretary’s desk.

Roll call resulted as follows: S 1290 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bunderson, Darrington, Deide, Geddes, Goedde arose as sponsor of the bill and opened the debate. The Lodge, Noh, Richardson, Risch, Sandy, Sorensen, Stegner, question being, “Shall the bill pass?” Thorne (Thorne), Wheeler. Total - 14. Roll call resulted as follows: NAYS--Boatright, Branch, Burtenshaw, Cameron, Davis, Dunklin, Frasure, Goedde, Hawkins, Hill, Ipsen, Keough, AYES--Andreason, Boatright, Branch, Bunderson, King-Barrutia, Little, Marley, Schroeder, Stennett, Williams. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Total - 18. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Absent and excused--Brandt, Ingram, Sims. Total - 3. Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. Total - 35. NAYS--None. Whereupon the President declared that S 1296 had failed to pass the Senate and ordered the bill filed in the office of the Absent and excused--Brandt, Ipsen, Sims. Total - 3. Secretary of the Senate. Total - 35. The President called President Pro Tempore Geddes to the Chair. Whereupon the President declared S 1290 passed, title was approved, and the bill ordered transmitted to the House. S 1289 was read the third time at length, section by section, and placed before the Senate for final consideration. Senators S 1303 was read the third time at length, section by section, Lodge and Dunklin arose as co-sponsors of the bill and opened and placed before the Senate for final consideration. Senator the debate. Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On motion by Senator Risch, seconded by Senator Marley, by voice vote the Senate recessed at 12:15 p.m. until the hour of Roll call resulted as follows: 4 p.m. of this day. AYES--Andreason, Boatright, Branch, Bunderson, RECESS Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, AFTERNOON SESSION Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, The Senate reconvened at 4 p.m., pursuant to recess, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), President Riggs presiding. Wheeler, Williams. Total - 32. 58 SENATE JOURNAL January 29, 2002]

NAYS--None. AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Absent and excused--Brandt, Ipsen, Sims. Total - 3. Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Total - 35. Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 31. Whereupon the President declared S 1303 passed, title was approved, and the bill ordered transmitted to the House. NAYS--Cameron. Total - 1.

H 408 was read the third time at length, section by section, Absent and excused--Brandt, Ipsen, Sims. Total - 3. and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the President declared H 411 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House.

AYES--Andreason, Boatright, Branch, Bunderson, H 413 was read the third time at length, section by section, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, and placed before the Senate for final consideration. Senator Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, Lodge arose as sponsor of the bill and opened the debate. The King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, question being, “Shall the bill pass?” Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. Roll call resulted as follows:

AYES--Andreason, Boatright, Branch, Bunderson, NAYS--None. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, Absent and excused--Brandt, Ipsen, Sims. Total - 3. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Total - 35. Wheeler, Williams. Total - 32.

Whereupon the President declared H 408 passed, title was NAYS--None. approved, and the bill ordered returned to the House. Absent and excused--Brandt, Ipsen, Sims. Total - 3. H 410 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Whereupon the President declared H 413 passed, title was question being, “Shall the bill pass?” approved, and the bill ordered returned to the House.

Roll call resulted as follows: H 414 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hill AYES--Andreason, Boatright, Branch, Bunderson, arose as sponsor of the bill and opened the debate. The question Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, being, “Shall the bill pass?” Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Roll call resulted as follows: Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), AYES--Andreason, Boatright, Branch, Bunderson, Wheeler, Williams. Total - 32. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, NAYS--None. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne (Thorne), Absent and excused--Brandt, Ipsen, Sims. Total - 3. Wheeler, Williams. Total - 32.

Total - 35. NAYS--None.

Whereupon the President declared H 410 passed, title was Absent and excused--Brandt, Ipsen, Sims. Total - 3. approved, and the bill ordered returned to the House. Total - 35. H 411 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hill Whereupon the President declared H 414 passed, title was arose as sponsor of the bill and opened the debate. The question approved, and the bill ordered returned to the House. being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, Roll call resulted as follows: the Senate advanced to the Fifteenth Order of Business. [January 30, 2002 SENATE JOURNAL 59

Miscellaneous Business January 29, 2002

On motion by Senator Risch, seconded by Senator Dunklin, The JUDICIARY AND RULES Committee reports that by voice vote the Senate adjourned at 5 p.m. until the hour of S 1292, S 1293, and S 1301 have been correctly enrolled. 10:30 a.m., Wednesday, January 30, 2002. DARRINGTON, Chairman JACK RIGGS, President The President signed Enrolled S 1292, S 1293, and S 1301 Attest: JEANNINE WOOD, Secretary and ordered them transmitted to the House for the signature of the Speaker.

______January 29, 2002

The FINANCE Committee reports out H 460, H 461, and TWENTY-FOURTH LEGISLATIVE DAY H 462 with the recommendation that they do pass. WEDNESDAY, JANUARY 30, 2002 CAMERON, Chairman

Senate Chamber H 460, H 461, and H 462 were filed for second reading.

President Riggs called the Senate to order at 10:30 a.m. January 29, 2002 Roll call showed all members present except Senators Brandt, Cameron, Darrington, Ipsen, King-Barrutia, Lodge, The COMMERCE AND HUMAN RESOURCES Stegner, Stennett, and Wheeler, absent and excused. Committee reports out S 1322 with the recommendation that it do pass. Prayer was offered by Chaplain C. Leon Johnson. ANDREASON, Chairman The Senate advanced to the Third Order of Business. S 1322 was filed for second reading. Reading and Correction of the Journal On request by Senator Risch, granted by unanimous consent, The JUDICIARY AND RULES Committee reports that the the Senate advanced to the Ninth Order of Business. Senate Journal of the proceedings of January 29, 2002, was read and approved as corrected. Messages from the House

DARRINGTON, Chairman Senators Stennett and Wheeler were recorded present at this order of business. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. January 29, 2002

On request by Senator Risch, granted by unanimous consent, Mr. President: the Senate advanced to the Sixth Order of Business. I transmit herewith HJM 13, H 442, H 455, and H 428 Reports of Standing Committees which have passed the House.

Senators Brandt, Cameron, Darrington, and Stegner were JUKER, Chief Clerk recorded present at this order of business. HJM 13, H 442, H 455, and H 428 were filed for first January 30, 2002 reading.

The JUDICIARY AND RULES Committee reports that January 29, 2002 S 1331, S 1332, S 1333, S 1334, and S 1335 have been correctly printed. Mr. President:

DARRINGTON, Chairman I transmit herewith Enrolled HJM 11 for the signature of the President. S 1331 and S 1332 were referred to the Judiciary and Rules Committee. JUKER, Chief Clerk S 1333 was referred to the Resources and Environment Committee. The President signed Enrolled HJM 11 and ordered it returned to the House. S 1334 and S 1335 were referred to the Local Government and Taxation Committee. The Senate advanced to the Tenth Order of Business. 60 SENATE JOURNAL January 30, 2002]

Motions and Resolutions Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Senators Ipsen and Lodge were recorded present at this order of business. Senator King-Barrutia was recorded present at this order of business. Senator Risch requested unanimous consent that all rules of the Senate be suspended and that S 1296 remain held at the S 1336 Secretary’s desk for possible reconsideration. Senator Cameron BY HEALTH AND WELFARE COMMITTEE objected. AN ACT RELATING TO PUBLIC ASSISTANCE; AMENDING Moved by Senator Risch, seconded by Senator Davis, that SECTION 56-214, IDAHO CODE, TO FURTHER DESCRIBE all rules of the Senate be suspended and that S 1296 remain held CONDITIONS GOVERNING THE TRANSFER OF ASSETS at the Secretary’s desk for possible reconsideration. TO QUALIFY FOR MEDICAL ASSISTANCE AND TO MAKE The question being, “Shall the rules be suspended”? TECHNICAL CORRECTIONS.

Roll call resulted as follows: S 1337 BY HEALTH AND WELFARE COMMITTEE AYES--Andreason, Branch, Brandt, Bunderson, AN ACT Burtenshaw, Darrington, Davis, Deide, Dunklin, Geddes, RELATING TO THE IDAHO STATE BOARD OF Goedde, Hawkins, Ingram, Ipsen, Keough, Little, Lodge, Noh, PHARMACY; AMENDING SECTION 54-1705, IDAHO Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, CODE, TO FURTHER DEFINE TERMS AND TO MAKE A Thorne (Thorne), Wheeler, Williams. Total - 28. TECHNICAL CORRECTION.

NAYS--Boatright, Cameron, Frasure, Hill, Marley, S 1338 BY COMMERCE AND HUMAN RESOURCES Stennett. Total - 6. COMMITTEE AN ACT Absent and excused--King-Barrutia. Total - 1. RELATING TO INSURANCE; AMENDING CHAPTER 21, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW Total - 35. SECTION 41-2147, IDAHO CODE, TO PROVIDE FOR HEALTH BENEFIT PLAN COVERAGE OF CERTAIN More than two-thirds having voted in the affirmative, the ANESTHESIA AND HOSPITAL CHARGES FOR DENTAL President declared the rules suspended and announced that S 1296 PROCEDURES AND TO DEFINE "HEALTH BENEFIT remain at the Secretary’s desk for possible reconsideration. PLAN"; AMENDING CHAPTER 22, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-2224, IDAHO CODE, TO PROVIDE FOR HEALTH BENEFIT The President announced that SJM 110 was before the PLAN COVERAGE OF CERTAIN ANESTHESIA AND Senate for final consideration, the question being, “Shall the HOSPITAL CHARGES FOR DENTAL PROCEDURES AND memorial be adopted?” TO DEFINE "HEALTH BENEFIT PLAN"; AMENDING SECTION 41-3903, IDAHO CODE, TO FURTHER DEFINE On motion by Senator Davis, seconded by Senator Stennett, "BASIC HEALTH CARE SERVICES"; AND AMENDING SJM 110 was adopted by voice vote, title was approved, and the CHAPTER 39, TITLE 41, IDAHO CODE, BY THE memorial ordered transmitted to the House. ADDITION OF A NEW SECTION 41-3933, IDAHO CODE, TO PROVIDE FOR HEALTH CARE CONTRACT The President announced the Judiciary and Rules Committee COVERAGE OF CERTAIN ANESTHESIA AND HOSPITAL report relative to the Gubernatorial appointment of Thomas J. CHARGES FOR DENTAL PROCEDURES. Hearn was before the Senate for final consideration, the question S 1339 being, “Shall the report be adopted?” BY COMMERCE AND HUMAN RESOURCES COMMITTEE On motion by Senator Darrington, seconded by Senator AN ACT Dunklin, the Gubernatorial appointment of Thomas J. Hearn as RELATING TO REAL ESTATE BROKERS; AMENDING a member of the Idaho Sexual Offender Classification Board was SECTION 54-2012, IDAHO CODE, TO DELETE A CODE confirmed by voice vote. REFERENCE, TO PROVIDE THAT THE COMMISSION OF CERTAIN FELONIES MAY DISQUALIFY PERSONS FROM The President declared the report adopted and directed the LICENSURE AND TO PROVIDE CORRECT Secretary of the Senate to prepare a letter of the Gubernatorial TERMINOLOGY; AMENDING SECTIONS 54-2015 AND 54-2017, IDAHO CODE, TO PROVIDE CORRECT CODE appointment confirmation for his signature, attested to by the REFERENCES; AMENDING SECTION 54-2026, IDAHO Secretary, to be transmitted to the Governor informing him of the CODE, TO PROVIDE CORRECT CODE REFERENCES AND action of the Senate. TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 54-2033, IDAHO CODE, TO The Senate advanced to the Eleventh Order of Business. PROVIDE A CORRECT CODE REFERENCE. [January 30, 2002 SENATE JOURNAL 61

S 1340 Third Reading of Bills BY COMMERCE AND HUMAN RESOURCES COMMITTEE On request by Senator Dunklin, granted by unanimous AN ACT consent, S 1289 was referred to the Fourteenth Order of RELATING TO IDAHO REAL ESTATE LICENSE LAW; Business, General Calendar. AMENDING SECTION 54-2004, IDAHO CODE, TO DEFINE "CORE COURSE" AND TO PROVIDE CORRECT H 425 was read the third time at length, section by section, REFERENCES; AMENDING SECTION 54-2023, IDAHO and placed before the Senate for final consideration. President CODE, TO REVISE CONTINUING EDUCATION Pro Tempore Geddes arose as sponsor of the bill and opened the REQUIREMENTS FOR LICENSEES SEEKING RENEWAL debate. The question being, “Shall the bill pass?” OF LICENSES AND CHANGES OF LICENSES FROM INACTIVE TO ACTIVE STATUS AND TO MAKE A Roll call resulted as follows: TECHNICAL CORRECTION; AND AMENDING SECTION 54-2036, IDAHO CODE, TO PROVIDE CORRECT AYES--Andreason, Boatright, Branch, Brandt, Bunderson, TERMINOLOGY, TO PROVIDE THAT EACH CONTINUING Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, EDUCATION COURSE MUST CONTAIN AT LEAST TWO Goedde, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, CLASSROOM HOURS, TO PROVIDE FOR A CONTINUING Richardson, Risch, Schroeder, Sims, Stegner, Thorne (Thorne), EDUCATION COURSE EXAM, TO REMOVE A CODE Wheeler, Williams. Total - 27. REFERENCE AND TO PROVIDE THAT THE COMMISSION SHALL ESTABLISH TOPICS FOR COURSE CONTENT FOR NAYS--Dunklin, Frasure, Hawkins, Ingram, Marley, PRELICENSE COURSES AND CONTINUING EDUCATION Sandy, Sorensen, Stennett. Total - 8. COURSES. Paired and voting included in roll call: S 1341 BY COMMERCE AND HUMAN RESOURCES AYE - Williams NAY - Frasure COMMITTEE AN ACT Total - 35. RELATING TO INSURANCE PRODUCER LICENSING; AMENDING SECTIONS 41-1002, 41-1006 AND 41-1108, Whereupon the President declared H 425 passed, title was IDAHO CODE, TO PROVIDE CORRECT CODE approved, and the bill ordered returned to the House. REFERENCES; AND AMENDING SECTION 41-1036, IDAHO CODE, TO REMOVE REFERENCES TO H 434 was read the third time at length, section by section, CONSULTANTS AND CONSULTING SERVICES. and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The S 1342 question being, “Shall the bill pass?” BY COMMERCE AND HUMAN RESOURCES COMMITTEE Roll call resulted as follows: AN ACT RELATING TO INSURANCE; AMENDING SECTION AYES--Andreason, Boatright, Branch, Brandt, Bunderson, 41-1004, IDAHO CODE, TO PROVIDE THAT ONLY Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, SPECIFIED PERSONS MAY ENGAGE FOR A FEE IN THE Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, BUSINESS OF OFFERING ADVICE, COUNSEL, OPINION King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, OR SERVICE REGARDING THE BENEFITS, ADVANTAGES Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne OR DISADVANTAGES OF INSURANCE POLICIES. (Thorne), Wheeler, Williams. Total - 34.

S 1336, S 1337, S 1338, S 1339, S 1340, S 1341, and NAYS--None. S 1342 were introduced, read the first time at length, and Absent and excused--Frasure. Total - 1. referred to the Judiciary and Rules Committee for printing. Total - 35. HJM 13, by Transportation and Defense Committee, was introduced, read at length, and referred to the State Affairs Whereupon the President declared H 434 passed, title was Committee. approved, and the bill ordered returned to the House.

H 442 and H 455, by Revenue and Taxation Committee, On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Miscellaneous Business

H 428, by Local Government Committee, was introduced, On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate adjourned at 12:10 p.m. until the hour read the first time at length, and referred to the Local of 11 a.m., Thursday, January 31, 2002. Government and Taxation Committee. JACK RIGGS, President On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Attest: JEANNINE WOOD, Secretary 62 SENATE JOURNAL January 31, 2002]

______SCR 121 BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION TWENTY-FIFTH LEGISLATIVE DAY STATING FINDINGS AND REVIEWING PREVIOUS THURSDAY, JANUARY 31, 2002 COMMITMENTS OF THE LEGISLATURE CONCERNING THE NECESSITY OF DEVELOPING A VETERANS CEMETERY IN IDAHO AND URGING THAT THE Senate Chamber NECESSARY STEPS BE TAKEN TO MAKE THE CEMETERY A REALITY. President Riggs called the Senate to order at 11 a.m. Be It Resolved by the Legislature of the State of Idaho: Roll call showed all members present except Senators Branch, Davis, Dunklin, Hawkins, Keough, King-Barrutia, Noh, WHEREAS, Idaho is the only state in the nation without a Richardson, and Stennett, absent and excused. state or federally supported cemetery for its veterans; and WHEREAS, thirty-seven states and two U.S. territories Prayer was offered by Chaplain C. Leon Johnson. have, or are planning the construction of a state veterans cemetery; and The Senate advanced to the Third Order of Business. WHEREAS, Idaho veterans are dying at an alarming rate and deserve to be laid to rest in a field of honor befitting their Reading and Correction of the Journal sacrifices; and WHEREAS, the federal government shares their belief, and Senators Davis, Hawkins, Keough, and Richardson were the Department of Veterans Affairs' (VA's) State Cemetery recorded present at this order of business. Grants Service pays 100% of planning, construction and equipment costs for the development of a state veterans cemetery; The JUDICIARY AND RULES Committee reports that the and Senate Journal of the proceedings of January 30, 2002, was read and approved as corrected. WHEREAS, the state is obligated to provide the land and pay for ongoing cemetery maintenance and operation of a state DARRINGTON, Chairman veterans cemetery; and WHEREAS, Governor Dirk Kempthorne expressed support There being no objection, the report was adopted and for the construction of a state veterans cemetery in his State of ordered filed in the office of the Secretary of the Senate. the State Address before the Second Regular Session of the Fifty-fifth Idaho Legislature; and On request by Senator Risch, granted by unanimous consent, WHEREAS, the Second Regular Session of the Fifty-fifth the Senate advanced to the Fifth Order of Business. Idaho Legislature adopted House Concurrent Resolution No. 46 Petitions, Resolutions, and Memorials expressing support for the establishment and perpetual maintenance and operation of an Idaho state veterans cemetery; Senator Stennett was recorded present at this order of and business. WHEREAS, the Second Regular Session of the Fifty-fifth Idaho Legislature appropriated $200,000, to be reimbursed by the SCR 120 VA, for cemetery design; and BY HEALTH AND WELFARE COMMITTEE WHEREAS, the Second Regular Session of the Fifty-fifth A CONCURRENT RESOLUTION Idaho Legislature amended Chapter 1, Title 65, Idaho Code, by STATING FINDINGS OF THE LEGISLATURE AND REJECTING CERTAIN RULES OF THE DEPARTMENT OF adding a new Section 65-107, Idaho Code, to create a Veterans HEALTH AND WELFARE RELATING TO CONSTRUCTION Cemetery Maintenance Fund and to provide for purposes and AND OPERATION OF PUBLIC SWIMMING POOLS. administration of moneys in the fund; and WHEREAS, the Second Regular Session of the Fifty-fifth Be It Resolved by the Legislature of the State of Idaho: Idaho Legislature amended Section 49-418, Idaho Code, to provide that a portion of the special program fees for veterans WHEREAS, the Legislature is vested with authority to reject motor vehicle license plates shall be deposited in the Veterans executive agency rules under the provisions of Section 67-5291, Cemetery Maintenance Fund; and Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and WHEREAS, a land donor has stepped forward with a WHEREAS, it is the finding of the Legislature that certain proposed donation of over forty acres of property in an effort to rules of the Department of Health and Welfare relating to meet the state's obligation to provide the land; and construction and operation of public swimming pools are not WHEREAS, additional land, with less slope, is necessary as consistent with legislative intent and should be rejected. an adjunct to the donated property; and NOW, THEREFORE, BE IT RESOLVED by the members WHEREAS, the Dry Creek Cemetery Board of of the Second Regular Session of the Fifty-sixth Idaho Commissioners has expressed its willingness to make additional Legislature, the Senate and the House of Representatives land available at cost for a state veterans cemetery; and concurring therein, that IDAPA 16.02.14, Sections 004, 006, WHEREAS, Idaho Code does not authorize cemetery 007, and 010, the entire docket, rules of the Department of maintenance districts to make government to government Health and Welfare relating to construction and operation of transfers of property. public swimming pools, adopted as pending rules under Docket NOW, THEREFORE, BE IT RESOLVED by the members number 16-0214-0101, be, and the same are hereby rejected and of the Second Regular Session of the Fifty-sixth Idaho declared null, void and of no force and effect. Legislature, the Senate and the House of Representatives [January 31, 2002 SENATE JOURNAL 63 concurring therein, that we once again endorse the need for a The Gubernatorial appointment was referred to the Tenth Veterans Cemetery in Idaho. Legislation should be adopted to Order of Business, Motions and Resolutions, and ordered held at facilitate the exchange of property and to authorize the Division the Secretary’s desk for one legislative day. of Veterans Services to accept gifts, grants, contributions and bequests, and to purchase and hold title to property on behalf of January 30, 2002 the state of Idaho. The Legislature should act expeditiously so that no more time passes before Idaho's veterans are given the The STATE AFFAIRS Committee reports it has had under respect they are so worthy of receiving. consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by SCR 120 and SCR 121 were introduced, read at length, and the Senate: referred to the Judiciary and Rules Committee for printing. Lee Periman to the Idaho Bingo-Raffle Advisory Board, The Senate advanced to the Sixth Order of Business. term to expire January 7, 2004;

Reports of Standing Committees Roger Jones to the Idaho Lottery Commission, term to expire January 1, 2007; Senators Branch, King-Barrutia, and Noh were recorded present at this order of business. Ruthie Johnson to the Idaho Commission on Human Rights, term to expire July 1, 2002. January 31, 2002 SORENSEN, Chairman The JUDICIARY AND RULES Committee reports that S 1336, S 1337, S 1338, S 1339, S 1340, S 1341, and S 1342 The Gubernatorial appointments were referred to the Tenth have been correctly printed. Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. DARRINGTON, Chairman

S 1336 and S 1337 were referred to the Health and Welfare January 30, 2002 Committee. The HEALTH AND WELFARE Committee reports out S 1338, S 1339, S 1340, S 1341, and S 1342 were referred S 1318 and S 1319 with the recommendation that they do pass. to the Commerce and Human Resources Committee. IPSEN, Chairman January 30, 2002 S 1318 and S 1319 were filed for second reading. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be January 31, 2002 confirmed by the Senate: The LOCAL GOVERNMENT AND TAXATION Janet Penfold to the Idaho State Board of Health and Committee reports out S 1326 with the recommendation that it do Welfare, term to expire January 1, 2005; pass.

Bert Henriksen to the Idaho State Board of Health and WHEELER, Vice Chairman Welfare, term to expire January 1, 2005;

C. Kelly Pearce, to the Idaho Commission for the Blind and S 1326 was filed for second reading. Visually Impaired, term to expire July 1, 2004. January 30, 2002 IPSEN, Chairman The JUDICIARY AND RULES Committee reports out The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at S 1308 and S 1312 with the recommendation that they do pass. the Secretary’s desk for one legislative day. DARRINGTON, Chairman January 30, 2002 S 1308 and S 1312 were filed for second reading. The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial On request by Senator Risch, granted by unanimous consent, appointment listed below and the Committee recommends that the Senate advanced to the Ninth Order of Business. said appointment be confirmed by the Senate:

Judi Danielson to the Pacific Northwest Electric Power and Messages from the House Conservation Planning Council, term to expire January 31, 2004. Senator Richardson was recorded present at this order of NOH, Chairman business. 64 SENATE JOURNAL January 31, 2002]

January 30, 2002 The Senate advanced to the Eleventh Order of Business.

Mr. President: Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials I transmit herewith HCR 39 which has passed the House. S 1343 JUKER, Chief Clerk BY EDUCATION COMMITTEE HCR 39 was filed for first reading. AN ACT RELATING TO CERTIFICATED EMPLOYEES OF SCHOOL January 30, 2002 DISTRICTS; AMENDING SECTION 33-514, IDAHO CODE, TO PROVIDE THAT CERTIFICATED EMPLOYEES IN Mr. President: THEIR FIRST THREE YEARS OF EMPLOYMENT IN EDUCATION MAY BE EMPLOYED ON A SPECIAL I transmit herewith Enrolled HJM 12 for the signature of the CONTRACT STATUS, AS SPECIFIED, AND PROVIDING President. THE TERMS OF THE SPECIAL CONTRACT STATUS. JUKER, Chief Clerk S 1344 The President signed Enrolled HJM 12 and ordered it BY JUDICIARY AND RULES COMMITTEE returned to the House. AN ACT RELATING TO CRIMINAL PROCEDURE AND HUMAN January 31, 2002 EMBRYOS OR FETUSES; AMENDING SECTION 18-4001, IDAHO CODE, TO PROVIDE THAT MURDER INCLUDES Mr. President: THE UNLAWFUL KILLING OF A HUMAN EMBRYO OR FETUS UNDER CERTAIN CONDITIONS; AMENDING I transmit herewith Enrolled H 425 for the signature of the SECTION 18-4006, IDAHO CODE, TO PROVIDE THAT President. MANSLAUGHTER INCLUDES THE UNLAWFUL KILLING OF A HUMAN EMBRYO OR FETUS WITHOUT MALICE JUKER, Chief Clerk AND CONSISTS OF THREE KINDS; AMENDING CHAPTER The President signed Enrolled H 425 and ordered it returned 40, TITLE 18, IDAHO CODE, BY THE ADDITION OF A to the House. NEW SECTION 18-4016, IDAHO CODE, TO PROVIDE A DEFINITION OF EMBRYO OR FETUS, TO PROHIBIT THE The Senate advanced to the Tenth Order of Business. PROSECUTION OF CERTAIN PERSONS UNDER CERTAIN CONDITIONS AND TO PROVIDE APPLICATION; Motions and Resolutions AMENDING SECTION 18-907, IDAHO CODE, TO PROVIDE THAT A PERSON COMMITS AGGRAVATED BATTERY Having voted on the prevailing side and proper notice having WHO, IN COMMITTING BATTERY UPON THE PERSON OF been served, Senator Schroeder moved, seconded by Senator A PREGNANT FEMALE, CAUSES GREAT BODILY HARM, Darrington, that the vote by which S 1296 failed to pass the Senate now be reconsidered. The question being, “Shall the PERMANENT DISABILITY OR PERMANENT motion prevail?” DISFIGUREMENT TO AN EMBRYO OR FETUS, TO PROVIDE A DEFINITION OF "EMBRYO" OR "FETUS," TO Roll call vote was requested by Senators Darrington, Davis PROHIBIT THE PROSECUTION OF CERTAIN PERSONS and Keough. UNDER CERTAIN CONDITIONS AND TO PROVIDE APPLICATION. Roll call resulted as follows: S 1345 AYES--Andreason, Darrington, Deide, Geddes, Lodge, BY JUDICIARY AND RULES COMMITTEE Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, AN ACT Thorne (Thorne). Total - 13. RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-520, IDAHO CODE, TO PROVIDE NAYS--Boatright, Branch, Brandt, Bunderson, Burtenshaw, THAT JUVENILES MAY BE COMMITTED TO THE LEGAL Cameron, Davis, Dunklin, Frasure, Goedde, Hawkins, Hill, CUSTODY OF THE STATE DEPARTMENT OF JUVENILE Ingram, Ipsen, Keough, King-Barrutia, Little, Marley, Stegner, CORRECTIONS FOR AN INDETERMINATE PERIOD OF Stennett, Wheeler, Williams. Total - 22. TIME NOT TO EXCEED THE JUVENILE'S NINETEENTH

BIRTHDAY, TO PROVIDE THAT JUVENILES WHO ARE Total - 35. ALREADY IN OR WHO HAVE BEEN ORDERED INTO THE PHYSICAL CUSTODY OF THE DEPARTMENT PRIOR TO Whereupon the President declared that the motion to THE EFFECTIVE DATE OF THE ACT ARE SUBJECT TO reconsider S 1296 did not prevail and the bill was ordered filed THE TERMS OF THEIR ORIGINAL ORDER AND in the office of the Secretary of the Senate. [January 31, 2002 SENATE JOURNAL 65

INDETERMINATE SENTENCE; AMENDING SECTION INCLUDE TERRORISM WITHIN THE DEFINITION OF 20-532, IDAHO CODE, TO PROVIDE THAT JUVENILE "RACKETEERING"; AMENDING SECTION 18-8102, IDAHO OFFENDERS COMMITTED TO SECURE FACILITIES CODE, TO DEFINE "TERRORISM" AND TO MAKE A SHALL REMAIN UNTIL THE OFFENDER REACHES AGE TECHNICAL CORRECTION; AMENDING SECTION NINETEEN OR, IF EARLIER, IS RELEASED OR 18-8103, IDAHO CODE, TO PROVIDE PENALTIES FOR DISCHARGED; AND DECLARING AN EMERGENCY. PERSONS WHO COMMIT ACTS OF TERRORISM OR WHO CONSPIRE WITH OTHERS TO COMMIT SUCH ACTS AND S 1346 TO MAKE TECHNICAL CORRECTIONS; AMENDING BY JUDICIARY AND RULES COMMITTEE CHAPTER 81, TITLE 18, IDAHO CODE, BY THE AN ACT ADDITION OF A NEW SECTION 18-8106, IDAHO CODE, RELATING TO CRIMES AND PUNISHMENTS; REPEALING TO PROHIBIT THE PROVISION OF MATERIAL SUPPORT SECTION 18-3313, IDAHO CODE; AND AMENDING TO TERRORISTS, TO PROVIDE FOR PUNISHMENT AND CHAPTER 33, TITLE 18, IDAHO CODE, BY THE TO DEFINE "MATERIAL SUPPORT OR RESOURCES"; ADDITION OF A NEW SECTION 18-3313, IDAHO CODE, AND AMENDING SECTION 19-402, IDAHO CODE, TO TO PROVIDE THAT SPECIFIED CONDUCT RELATING TO INCLUDE REFERENCE TO ACTS OF TERRORISM FOR THREATS, FALSE REPORTS AND HOAXES SHALL PURPOSES OF COMMENCING PROSECUTION AND TO CONSTITUTE A FELONY AND TO PROVIDE FOR PROVIDE THAT AN INDICTMENT MAY BE FOUND OR PUNISHMENT. AN INFORMATION INSTITUTED FOR CERTAIN PROSECUTIONS. S 1347 BY JUDICIARY AND RULES COMMITTEE S 1349 AN ACT BY JUDICIARY AND RULES COMMITTEE RELATING TO MALICIOUS INJURIES TO PROPERTY; AN ACT AMENDING SECTION 18-7019, IDAHO CODE, TO MAKE RELATING TO COMMUNICATIONS SECURITY; GRAMMATICAL CORRECTIONS AND TO REVISE AMENDING SECTION 18-6701, IDAHO CODE, TO PENALTIES FOR UNLAWFULLY INJURING DAMS, FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CANALS AND OTHER STRUCTURES; AND AMENDING CORRECTION; AMENDING SECTION 18-6702, IDAHO CHAPTER 70, TITLE 18, IDAHO CODE, BY THE CODE, TO PROVIDE REFERENCE TO ELECTRONIC ADDITION OF A NEW SECTION 18-7040, IDAHO CODE, COMMUNICATIONS, TO PROHIBIT THE INTENTIONAL TO PROVIDE THAT CERTAIN INJURIOUS ACTS DISCLOSURE OR ENDEAVOR TO DISCLOSE CONTENTS RELATING TO ENERGY FACILITIES SHALL BE OF INTERCEPTED WIRE, ELECTRONIC OR ORAL UNLAWFUL, TO PROVIDE FOR PUNISHMENT AND TO COMMUNICATIONS IN CERTAIN CIRCUMSTANCES, TO DEFINE "ENERGY FACILITY." PROVIDE CORRECT TERMINOLOGY, TO PROHIBIT SPECIFIED CONDUCT RELATING TO THE S 1348 INTERCEPTION AND ACCESS OF CERTAIN BY JUDICIARY AND RULES COMMITTEE COMMUNICATIONS, TO ALLOW PROVIDERS OF AN ACT ELECTRONIC COMMUNICATION SERVICES TO RECORD RELATING TO TERRORISM; AMENDING CHAPTER 33, THE FACT THAT WIRE OR ELECTRONIC TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW COMMUNICATION WAS INITIATED OR COMPLETED IN SECTION 18-3322, IDAHO CODE, TO PROHIBIT THE USE ORDER TO PROTECT CERTAIN PERSONS FROM THE OF WEAPONS OF MASS DESTRUCTION, TO PROVIDE FRAUDULENT, UNLAWFUL OR ABUSIVE USE OF SUCH FOR PUNISHMENT AND TO DEFINE "WEAPON OF MASS SERVICE, TO PROVIDE THAT PERSONS OR ENTITIES DESTRUCTION"; AMENDING CHAPTER 33, TITLE 18, PROVIDING ELECTRONIC COMMUNICATION SERVICE IDAHO CODE, BY THE ADDITION OF A NEW SECTION TO THE PUBLIC SHALL NOT INTENTIONALLY DIVULGE 18-3323, IDAHO CODE, TO PROHIBIT THE USE OF THE CONTENTS OF COMMUNICATIONS OTHER THAN BIOLOGICAL WEAPONS, TO PROVIDE FOR TO SPECIFIED PERSONS, TO PROVIDE EXCEPTIONS AND PUNISHMENT AND TO DEFINE TERMS; AMENDING TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE SECTION 18-6703, IDAHO CODE, TO PROVIDE ADDITION OF A NEW SECTION 18-3324, IDAHO CODE, REFERENCE TO ELECTRONIC COMMUNICATIONS AND TO PROHIBIT THE USE OF CHEMICAL WEAPONS, TO TO A PROVIDER OF WIRE OR ELECTRONIC PROVIDE FOR PUNISHMENT, TO PROVIDE EXCEPTIONS COMMUNICATION SERVICE AND TO PROVIDE THAT IT AND TO DEFINE TERMS; AMENDING SECTION 18-4003, SHALL NOT BE UNLAWFUL TO ADVERTISE FOR SALE IDAHO CODE, TO INCLUDE WITHIN THE DEFINITION CERTAIN DEVICES IF SUCH ADVERTISEMENT IS OF MURDER OF THE FIRST DEGREE ACTS OF MAILED, SENT OR CARRIED SOLELY TO A DOMESTIC TERRORISM AND THE USE OF A WEAPON OF MASS PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION DESTRUCTION, BIOLOGICAL WEAPON OR CHEMICAL SERVICE OR TO AGENCIES AND POLITICAL WEAPON AND TO MAKE A TECHNICAL CORRECTION; SUBDIVISIONS OF THE FEDERAL OR STATE AMENDING SECTION 18-7803, IDAHO CODE, TO GOVERNMENTS THAT ARE AUTHORIZED TO USE SUCH 66 SENATE JOURNAL January 31, 2002]

DEVICES; AMENDING SECTION 18-6704, IDAHO CODE, PROVIDE THAT THE COURT SHALL DECIDE SUCH A TO PROVIDE REFERENCE TO ELECTRONIC MOTION EXPEDITIOUSLY UPON NOTICE TO THE COMMUNICATION INTERCEPTING DEVICES; STATE; AND AMENDING SECTION 18-6709, IDAHO AMENDING SECTION 18-6705, IDAHO CODE, TO CODE, TO PROVIDE REFERENCE TO ELECTRONIC PROVIDE REFERENCE TO ELECTRONIC COMMUNICATIONS. COMMUNICATIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-6706, IDAHO S 1350 CODE, TO PROVIDE REFERENCE TO ELECTRONIC BY JUDICIARY AND RULES COMMITTEE COMMUNICATIONS AND TO MAKE TECHNICAL AN ACT RELATING TO DOMESTIC VIOLENCE; AMENDING CORRECTIONS; AMENDING SECTION 18-6707, IDAHO SECTION 18-918, IDAHO CODE, TO PROVIDE A CODE, TO PROVIDE REFERENCE TO ELECTRONIC DEFINITION OF FAMILY OR HOUSEHOLD MEMBER, TO COMMUNICATIONS; AMENDING SECTION 18-6708, PROVIDE APPLICATION OF DOMESTIC VIOLENCE IDAHO CODE, TO PROVIDE REFERENCE TO CRIMINAL STATUTES TO FAMILY OR A HOUSEHOLD ELECTRONIC COMMUNICATIONS, TO PROVIDE CODE MEMBER, TO PROVIDE FOR A DETERMINATION OF REFERENCES, TO PROVIDE THAT A JUDGE MAY ENTER WHO IS THE PREDOMINANT PHYSICAL AGGRESSOR IN AN EX PARTE ORDER AUTHORIZING INTERCEPTION OF A DOMESTIC ASSAULT OR BATTERY, TO PROVIDE CERTAIN COMMUNICATIONS WITHIN THE STATE OF THAT A LAW ENFORCEMENT OFFICER MAY LIMIT AN IDAHO, TO PROVIDE REFERENCES TO PROVIDERS OF ARREST TO ONLY THE PREDOMINANT PHYSICAL WIRE OR ELECTRONIC COMMUNICATION SERVICE, TO AGGRESSOR AND TO PROVIDE STANDARDS; AND DECLARING AN EMERGENCY. PROVIDE THAT CERTAIN PERSONS FURNISHING FACILITIES OR TECHNICAL ASSISTANCE SHALL BE S 1351 COMPENSATED FOR REASONABLE EXPENSES, TO BY JUDICIARY AND RULES COMMITTEE PROVIDE THAT THE THIRTY DAY PERIOD FOR AN AN ACT ORDER AUTHORIZING INTERCEPTION OF CERTAIN RELATING TO DOMESTIC VIOLENCE; AMENDING COMMUNICATIONS BEGINS ON THE EARLIER OF THE SECTION 39-6303, IDAHO CODE, TO FURTHER DEFINE DAY ON WHICH THE INVESTIGATIVE OR LAW THE TERM "DOMESTIC VIOLENCE." ENFORCEMENT OFFICER BEGINS TO CONDUCT AN S 1352 INTERCEPTION UNDER THE ORDER OR TEN DAYS BY JUDICIARY AND RULES COMMITTEE AFTER THE ORDER IS ENTERED, TO PROVIDE THAT IF AN ACT AN INTERCEPTED COMMUNICATION IS IN A CODE OR RELATING TO MALICIOUS DESTRUCTION OF A FOREIGN LANGUAGE AND AN EXPERT IN THAT TELECOMMUNICATION LINE OR TELECOMMUNICATION INSTRUMENT; AMENDING FOREIGN LANGUAGE OR CODE IS NOT REASONABLY CHAPTER 68, TITLE 18, IDAHO CODE, BY THE AVAILABLE MINIMIZATION MAY BE ACCOMPLISHED ADDITION OF A NEW SECTION 18-6810, IDAHO CODE, AS SOON AS PRACTICABLE AFTER THE INTERCEPTION, TO PROVIDE FOR THE CRIME OF MALICIOUS TO PROVIDE THAT AN INTERCEPTION MAY BE DESTRUCTION OF A TELECOMMUNICATION LINE OR CONDUCTED BY SPECIFIC PERSONS ACTING UNDER TELECOMMUNICATION INSTRUMENT AND TO PROVIDE PENALTIES. THE SUPERVISION OF OFFICERS AUTHORIZED TO CONDUCT THE INTERCEPTION, TO MAKE A S 1353 GRAMMATICAL CORRECTION, TO MAKE TECHNICAL BY JUDICIARY AND RULES COMMITTEE CORRECTIONS, TO PROVIDE THAT REMEDIES AND AN ACT RELATING TO INTERRUPTION OF AN EMERGENCY SANCTIONS SET FORTH IN THE SECTION ARE THE TELEPHONE CALL; AMENDING CHAPTER 67, TITLE 18, ONLY JUDICIAL REMEDIES AND SANCTIONS FOR IDAHO CODE, BY THE ADDITION OF A NEW SECTION NONCONSTITUTIONAL VIOLATIONS OF THE CHAPTER 18-6711B, IDAHO CODE, TO PROVIDE FOR THE CRIME INVOLVING THE INTERCEPTION OF ELECTRONIC OF INTENTIONAL INTERRUPTION OF AN EMERGENCY TELEPHONE CALL, TO PROVIDE PENALTIES AND TO COMMUNICATIONS, TO PROVIDE THAT CERTAIN PROVIDE A DEFINITION. REQUIREMENTS RELATING TO THE SPECIFICATION OF FACILITIES FROM WHICH OR THE PLACE WHERE A S 1354 COMMUNICATION IS TO BE INTERCEPTED DO NOT BY JUDICIARY AND RULES COMMITTEE APPLY IN CERTAIN CIRCUMSTANCES, TO PROVIDE AN ACT THAT AN INTERCEPTION OF A COMMUNICATION RELATING TO SEX CRIMES; AMENDING SECTION 18-6608, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNDER AN ORDER DOES NOT BEGIN UNTIL THE PLACE A FELONY FOR A PERSON WHO, FOR THE PURPOSE OF WHERE THE COMMUNICATION IS TO BE INTERCEPTED SEXUAL AROUSAL, GRATIFICATION OR ABUSE, IS ASCERTAINED BY THE PERSON IMPLEMENTING THE CAUSES SEXUAL PENETRATION BY USE OF A FOREIGN ORDER, TO PROVIDE THAT PROVIDERS OF WIRE OR OBJECT WHERE THE VICTIM IS INCAPABLE THROUGH ELECTRONIC COMMUNICATIONS SERVICES MAY MOVE UNSOUNDNESS OF MIND OF GIVING LEGAL CONSENT THE COURT TO MODIFY OR QUASH AN ORDER ON THE OR WHERE THE VICTIM IS PREVENTED FROM GROUND THAT ASSISTANCE CANNOT BE PERFORMED RESISTANCE BY AN INTOXICATING, NARCOTIC OR IN A TIMELY OR REASONABLE FASHION AND TO ANESTHETIC SUBSTANCE. [February 1, 2002 SENATE JOURNAL 67

S 1355 Second Reading of Bills BY JUDICIARY AND RULES COMMITTEE AN ACT H 460, H 461, and H 462, by Appropriations Committee, RELATING TO PROTECTION ORDERS IN DOMESTIC were read the second time at length and filed for third reading. VIOLENCE CASES; AMENDING SECTION 39-6312, IDAHO CODE, TO PROVIDE MISDEMEANOR PENALTIES FOR S 1322, by Commerce and Human Resources Committee, FIRST OFFENSES AND FELONY PENALTIES FOR was read the second time at length and filed for third reading. SUBSEQUENT VIOLATIONS AND TO PROVIDE FOR FELONY PENALTIES WHEN A VIOLATION OF THE On request by Senator Risch, granted by unanimous consent, PROTECTION ORDER IS COMBINED WITH COMMISSION the Senate advanced to the Fifteenth Order of Business. OF OTHER SPECIFIED CRIMES. Miscellaneous Business S 1356 BY STATE AFFAIRS COMMITTEE On motion by Senator Risch, seconded by Senator Stennett, AN ACT by voice vote the Senate adjourned at 12:05 p.m. until the hour RELATING TO DEPENDENT SCHOLARSHIPS; AMENDING of 9 a.m., Friday, February 1, 2002. SECTION 33-4302A, IDAHO CODE, TO PROVIDE FOR SCHOLARSHIPS FOR DEPENDENTS OF FULL-TIME OR JACK RIGGS, President PART-TIME PUBLIC SAFETY OFFICERS EMPLOYED OR VOLUNTEERING FOR THE STATE OF IDAHO OR A Attest: JEANNINE WOOD, Secretary POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE THAT DEPENDENTS SHALL BE ELIGIBLE FOR SUCH SCHOLARSHIPS FOR A CERTAIN PERIOD OF TIME AND ______TO PROVIDE THAT THE SCHOLARSHIPS ARE AVAILABLE TO DEPENDENTS OF PUBLIC SAFETY OFFICERS WHO WERE KILLED OR DISABLED IN 1975 OR TWENTY-SIXTH LEGISLATIVE DAY THEREAFTER. FRIDAY, FEBRUARY 1, 2002 S 1357 BY STATE AFFAIRS COMMITTEE Senate Chamber AN ACT RELATING TO UNFAIR METHODS AND PRACTICES President Riggs called the Senate to order at 9 a.m. UNDER THE CONSUMER PROTECTION ACT; PROVIDING LEGISLATIVE INTENT; AND AMENDING SECTION Roll call showed all members present except Senators 48-603, IDAHO CODE, TO PROHIBIT A PERSON FROM Andreason, Bunderson, and Ingram, absent and formally excused TAKING ADVANTAGE OF A DECLARED STATE OF by the Chair; and Senators Dunklin, Frasure, Hawkins, and Noh, EMERGENCY OR DISASTER BY SELLING OR OFFERING absent and excused. TO SELL FUEL, FOOD, MEDICINE OR ANOTHER NECESSITY AT AN EXORBITANT OR EXCESSIVE PRICE Prayer was offered by Chaplain C. Leon Johnson. FOR THE DURATION OF THE DECLARATION OF EMERGENCY. The Senate advanced to the Third Order of Business.

S 1358 Reading and Correction of the Journal BY STATE AFFAIRS COMMITTEE AN ACT The JUDICIARY AND RULES Committee reports that the RELATING TO THE IDAHO TOBACCO MASTER Senate Journal of the proceedings of January 31, 2002, was read SETTLEMENT AGREEMENT ACT; PROVIDING A and approved as corrected. STATEMENT OF LEGISLATIVE INTENT; AMENDING CHAPTER 78, TITLE 39, IDAHO CODE, BY THE DARRINGTON, Chairman ADDITION OF A NEW SECTION 39-7804, IDAHO CODE, TO IMPOSE THE DUTY ON CIGARETTE DISTRIBUTORS There being no objection, the report was adopted and AND STAMPING AGENTS TO DISTRIBUTE AND STAMP ordered filed in the office of the Secretary of the Senate. ONLY CIGARETTES OF TOBACCO PRODUCT MANUFACTURERS THAT ARE IN COMPLIANCE WITH On request by Senator Risch, granted by unanimous consent, THIS CHAPTER AND TO PROVIDE PENALTIES; AND the Senate advanced to the Sixth Order of Business. AMENDING CHAPTER 78, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-7805, IDAHO Reports of Standing Committees CODE, TO PROVIDE AUTHORITY FOR THE ATTORNEY GENERAL TO ENFORCE THIS CHAPTER, TO PROVIDE Senator Frasure was recorded present at this order of FOR SERVICE OF PROCESS AND TO PROVIDE FOR business. EXCHANGE OF INFORMATION. February 1, 2002 S 1343, S 1344, S 1345, S 1346, S 1347, S 1348, S 1349, S 1350, S 1351, S 1352, S 1353, S 1354, S 1355, S 1356, The JUDICIARY AND RULES Committee reports that S 1357, and S 1358 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. S 1343, S 1344, S 1345, S 1346, S 1347, S 1348, S 1349, S 1350, S 1351, S 1352, S 1353, S 1354, S 1355, S 1356, HCR 39 , by State Affairs Committee, was introduced, read S 1357, S 1358, SCR 120, and SCR 121 have been correctly at length, and referred to the Finance Committee. printed.

The Senate advanced to the Twelfth Order of Business. DARRINGTON, Chairman 68 SENATE JOURNAL February 1, 2002]

S 1343 was referred to the Education Committee. February 1, 2002

S 1344, S 1345, S 1346, S 1347, S 1348, S 1349, S 1350, Mr. President: S 1351, S 1352, S 1353, S 1354, and S 1355 were referred to the Judiciary and Rules Committee. I transmit herewith H 425 and the Governor’s veto message which has passed the House, the Governor’s veto S 1356, S 1357, and S 1358 were referred to the State notwithstanding. Affairs Committee. JUKER, Chief Clerk SCR 120 and SCR 121 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the January 31, 2002 Secretary’s desk for one legislative day.

January 31, 2002 The Honorable Bruce Newcomb Speaker of the House The COMMERCE AND HUMAN RESOURCES Idaho House of Representatives Committee reports out S 1295 and S 1324 with the recommendation that they do pass. Dear Mr. Speaker:

ANDREASON, Chairman I hereby advise you that I am transmitting herewith, without my approval, disapproved and vetoed, the following House Bill, S 1295 and S 1324 were filed for second reading. to wit: H 425 On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. within the time limited by law, the same having arrived in the Office of the Governor at the hour of 11:54 a.m. on January 31, Messages from the House 2002.

Senators Dunklin, Hawkins, and Noh were recorded present House Bill 425 overturns and outright repeals Proposition 2 at this order of business. which was enacted by the people of Idaho on November 8, 1994. That initiative limited access to the ballot after certain specified January 31, 2002 years of service for federal elected officials, state constitutional officers, members of the Idaho Legislature, local government Mr. President: officials, and school district officials.

I transmit herewith Enrolled H 408, H 410, H 411, H 413, In the United States Constitution, the Founding Fathers and H 414 for the signature of the President, and I return wrote, “We the People of the United States, in Order to form a herewith Enrolled S 1292, S 1293, and S 1301, which have been more perfect Union...” I don’t believe from that point on they signed by the Speaker. intended to leave the people out of the process. In a Republic, the people cannot be disenfranchised from establishing rules when JUKER, Chief Clerk they deem it necessary.

The President signed Enrolled H 408, H 410, H 411, H 413, That principle is reinforced in the Idaho State Constitution which declares “That all political power is inherent in the and H 414 and ordered them returned to the House. people.”

Enrolled S 1292, S 1293, and S 1301 were referred to the The people of Idaho have spoken on term limits not just in Judiciary and Rules Committee for transmittal to the Office of the November of 1994, but on three separate occasions in each of the Governor. subsequent general election cycles: ! In 1996, Proposition 4 (the “Congressional Term Limits Act January 31, 2002 of 1996"), the so-called “scarlet letter” initiative, designed to “instruct” our congressional delegation to support a Mr. President: federal constitutional amendment to enact congressional term limits, passed by 56.1% of the vote. I transmit herewith H 464, H 481, HCR 41, and H 471, and ! In 1998, Proposition 1 (the “Congressional Term Limits I return herewith S 1311, which have passed the House. Pledge Act of 1998") which would have again branded candidates on the ballot if they failed to support certain JUKER, Chief Clerk actions to implement term limits, passed by 54.7 %.

H 464, H 481, HCR 41, and H 471 were filed for first ! Also in 1998, in an advisory vote on House Bill 644, the reading. voters were asked if they still wanted state term limits in light of a federal decision which struck down Idaho’s 1994- S 1311 was referred to the Judiciary and Rules Committee style term limits for members of Congress. Idaho voters for enrolling. answered “yes” by a margin of 53.2%. [February 1, 2002 SENATE JOURNAL 69

For me, this is a matter of the peoples’ will. I cannot say to More than two-thirds having voted in the affirmative, the the people who elected me to office that I respect their decision President declared that H 425 shall become law, the Governor’s in my case, but reject their collective judgment – on the very veto notwithstanding, and ordered the bill and the veto message same ballot – when they affirmed their support for term limits. returned to the House. It is a question of process, and the will of the voters of Idaho cannot be ignored and must be protected. The Senate advanced to the Tenth Order of Business. This question has not only been judged at the ballot box but by the state’s highest court. The , on Motions and Resolutions December 13, 2001, unanimously upheld a judicial challenge to the very provisions House Bill 425 would repeal. The Supreme The President announced the Health and Welfare Committee Court ruled that the ballot access limitations do not violate the report, relative to the Gubernatorial appointments of Janet Idaho Constitution and that Proposition 2 was a valid exercise of Penfold, Bert Henriksen, and C. Kelly Pearce, was before the the peoples’ will through the initiative process. Senate for final consideration, the question being, “Shall the report be adopted?” I respect arguments made by the proponents of House Bill 425. The Idaho Constitution accords “equal footing” to law enacted by the people through the initiative and by the On motion by Senator King-Barrutia, seconded by Senator Legislature. Our Supreme Court has held that laws passed by Stennett, the Gubernatorial appointment of Janet Penfold as a direct popular democracy have no more force and effect than laws member of the Idaho State Board of Health and Welfare was enacted by the Idaho Legislature, holding that the legislature may confirmed by voice vote. repeal or modify an initiative measure. I also note that where the initiative process has exceeded constitutional bounds, Idaho’s On motion by Senator Stegner, seconded by Senator elected officials have been granted appropriate judicial relief. Stennett, the Gubernatorial appointment of Bert Henriksen as a The court struck down significant portions of the “Congressional member of the Idaho State Board of Health and Welfare was Term Limits Act of 1996" and the majority of the “Congressional Term Limits Pledge Act of 1998." confirmed by voice vote.

Those of us in a position to act on term limits may have a On motion by Senator Ipsen, seconded by Senator Stennett, perceived conflict. Therefore, I believe if this debate is the Gubernatorial appointment of C. Kelly Pearce as a member furthered, it must be in a way that the people of Idaho continue to of the Idaho Commission for the Blind and Visually Impaired was have a voice in the matter. confirmed by voice vote.

Accordingly, I have vetoed House Bill 425. I cannot in The President declared the report adopted and directed the good conscience allow this act of direct democracy to be wiped off the books by the mere stroke of my pen. Today I affirm the Secretary of the Senate to prepare letters of the Gubernatorial power vested in the people. appointment confirmations for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the Sincerely action of the Senate. /s/ Dirk Kempthorne Governor The President announced the Resources and Environment Committee report, relative to the Gubernatorial appointment of The question being, “Shall H 425 become law, the Judi Danielson as a member of the Pacific Northwest Electric Governor’s veto notwithstanding?” Power and Conservation Planning Council, was before the Senate Roll call resulted as follows: for final consideration.

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Moved by Senator Little, seconded by Senator Stennett, that Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, the report of the Resources and Environment Committee be Goedde, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, adopted. The question being, “Shall the report be adopted?” Richardson, Risch, Schroeder, Stegner, Thorne (Thorne), Wheeler, Williams. Total - 26. Roll call vote was requested by Senators Branch, Davis, and King-Barrutia. NAYS--Dunklin, Frasure, Hawkins, Marley, Sandy, Sims, Sorensen, Stennett. Total - 8. Roll call resulted as follows:

Absent and excused--Ingram. Total - 1. AYES--Boatright, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Paired and voting included in roll call: Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, AYE - Andreason NAY - Sorensen Stennett, Thorne (Thorne), Wheeler, Williams. Total - 30. AYE - Lodge NAYS--Branch. Total - 1. Paired and voting included in roll call:

AYE - Bunderson NAY - Frasure Absent and excused--Andreason, Bunderson, Geddes, AYE - Hill Ingram. Total - 4.

Total - 35. Total - 35. 70 SENATE JOURNAL February 1, 2002]

The President declared the report adopted and directed the S 1361 Secretary of the Senate to prepare a letter of the Gubernatorial BY TRANSPORTATION COMMITTEE appointment confirmation for his signature, attested to by the AN ACT Secretary, to be transmitted to the Governor informing him of the RELATING TO SPECIAL MOTOR VEHICLE LICENSE action of the Senate. PLATES; AMENDING SECTION 49-402, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE; AMENDING The President announced the State Affairs Committee report, SECTION 49-402C, IDAHO CODE, TO PROVIDE FOR THE relative to the Gubernatorial appointments of Lee Periman, Roger DISCONTINUANCE OF SPECIFIED SPECIAL LICENSE Jones, and Ruthie Johnson, was before the Senate for final PLATE PROGRAMS IN ACCORDANCE WITH SPECIFIED consideration, the question being, “Shall the report be adopted?” CONDITIONS; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-420C, On motion by Senator Davis, seconded by Senator Stennett, IDAHO CODE, TO ESTABLISH A PEACE OFFICER the Gubernatorial appointment of Lee Periman as a member of the MEMORIAL LICENSE PLATE PROGRAM; AND Idaho Bingo-Raffle Advisory Board was confirmed by voice vote. PROVIDING EFFECTIVE DATES.

On motion by Senator King-Barrutia, seconded by Senator S 1359, S 1360, and S 1361 were introduced, read the first Stennett, the Gubernatorial appointment of Roger Jones as a time at length, and referred to the Judiciary and Rules Committee member of the Idaho State Lottery Commission was confirmed by for printing. voice vote. H 464, H 481, and H 471, by Revenue and Taxation On motion by Senator Richardson, seconded by Senator Committee, were introduced, read the first time at length, and Stennett, the Gubernatorial appointment of Ruthie Johnson as a referred to the Local Government and Taxation Committee. member of the Idaho Commission on Human Rights was confirmed by voice vote. HCR 41, by Revenue and Taxation Committee, was introduced, read at length, and referred to the Local Government The President declared the report adopted and directed the and Taxation Committee. Secretary of the Senate to prepare letters of the Gubernatorial appointment confirmations for his signature, attested to by the The Senate advanced to the Twelfth Order of Business. Secretary, to be transmitted to the Governor informing him of the action of the Senate. Second Reading of Bills

The Senate advanced to the Eleventh Order of Business. S 1318 and S 1319, by Health and Welfare Committee, were read the second time at length and filed for third reading. Introduction, First Reading, and Reference of Bills, S 1326, by Local Government and Taxation Committee, was House Petitions, Resolutions, and Memorials read the second time at length and filed for third reading.

S 1359 S 1308 and S 1312, by Judiciary and Rules Committee, were BY TRANSPORTATION COMMITTEE read the second time at length and filed for third reading. AN ACT RELATING TO IDAHO WILDLIFE SPECIAL LICENSE The Senate advanced to the Thirteenth Order of Business. PLATES; AMENDING SECTION 49-417, IDAHO CODE, TO PROVIDE FOR THREE IDAHO WILDLIFE SPECIAL Third Reading of Bills LICENSE PLATES AND TO PROVIDE FOR DESIGN OF THE PLATES; AND AMENDING SECTION 49-402C, IDAHO H 435 was read the third time at length, section by section, CODE, TO PROVIDE APPLICATION TO PLATE DESIGNS and placed before the Senate for final consideration. Senator FOR THE IDAHO WILDLIFE SPECIAL LICENSE PLATES. Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1360 BY TRANSPORTATION COMMITTEE Call of the Senate was requested by Senators Risch, AN ACT Darrington, and Davis. RELATING TO SAFETY RESTRAINT USE; AMENDING Whereupon the President ordered the doorkeepers to lock the SECTION 49-673, IDAHO CODE, TO PROVIDE THAT IT IS doors permitting no Senator to leave the Senate Chamber. The A PRIMARY INFRACTION OFFENSE PUNISHABLE BY A Sergeant at Arms was instructed to find and present any absent FINE OF TWENTY DOLLARS FOR THE OPERATOR OF A members to the Senate. MOTOR VEHICLE TO FAIL TO ENSURE SAFETY RESTRAINT USE BY ALL OCCUPANTS OF THE VEHICLE Roll call showed all members present except Senators IN ACCORDANCE WITH LAW, TO PROVIDE AN Andreason, Bunderson, and Ingram, absent and formally excused EXCEPTION TO SAFETY RESTRAINT USE FOR by the Chair; and Senator Stennett. OCCUPANTS OF EMERGENCY VEHICLES BUT NOT TO INCLUDE LAW ENFORCEMENT OFFICERS UNDER The President directed the Sergeant at Arms to find and NORMAL PATROL CONDITIONS, TO PROVIDE PROPER present Senator Stennett to the Senate. TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS. Senator Stennett was recorded present. [February 1, 2002 SENATE JOURNAL 71

On request by Senator Risch, granted by unanimous consent, NAYS--None. the Call was lifted. Absent and excused--Andreason, Bunderson, Ingram. The question being, “Shall H 435 pass?” Total - 3.

Roll call resulted as follows: Total - 35.

AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Whereupon the President declared H 450 passed, title was Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, approved, and the bill ordered returned to the House. Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, On request by President Pro Tempore Geddes, granted by Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, unanimous consent, H 451 retained its place on the Third Reading Williams. Total - 32. Calendar.

NAYS--None. H 452 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Andreason, Bunderson, Ingram. Hawkins arose as sponsor of the bill and opened the debate. The Total - 3. question being, “Shall the bill pass?”

Total - 35. Roll call resulted as follows:

Whereupon the President declared H 435 passed, title was AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, approved, and the bill ordered returned to the House. Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, On request by President Pro Tempore Geddes, granted by Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, unanimous consent, H 436 retained its place on the Third Reading Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Calendar. Williams. Total - 32.

H 449 was read the third time at length, section by section, NAYS--None. and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The Absent and excused--Andreason, Bunderson, Ingram. question being, “Shall the bill pass?” Total - 3.

Roll call resulted as follows: Total - 35.

AYES--Boatright, Brandt, Burtenshaw, Cameron, Whereupon the President declared H 452 passed, title was Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, approved, and the bill ordered returned to the House. Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne H 453 was read the third time at length, section by section, (Thorne), Wheeler, Williams. Total - 28. and placed before the Senate for final consideration. Senator Marley arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Hawkins. Total - 1. Roll call resulted as follows: Absent and excused--Andreason, Branch, Bunderson, Ingram, Risch, Stennett. Total - 6. AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Total - 35. Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Whereupon the President declared H 449 passed, title was Williams. Total - 32. approved, and the bill ordered returned to the House. NAYS--None. H 450 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Andreason, Bunderson, Ingram. Richardson arose as sponsor of the bill and opened the debate. Total - 3. The question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the President declared H 453 passed, title was AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, approved, and the bill ordered returned to the House. Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, H 458 was read the third time at length, section by section, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, and placed before the Senate for final consideration. Senator Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Deide arose as sponsor of the bill and opened the debate. The Williams. Total - 32. question being, “Shall the bill pass?” 72 SENATE JOURNAL February 1, 2002]

Roll call resulted as follows: H 416 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Little arose as sponsor of the bill and opened the debate. The Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, question being, “Shall the bill pass?” Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Roll call resulted as follows: Stegner, Thorne (Thorne), Wheeler, Williams. Total - 30. AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, NAYS--Schroeder. Total - 1. Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Absent and excused--Andreason, Bunderson, Ingram, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stennett. Total - 4. Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. Total - 35. NAYS--None. Whereupon the President declared H 458 passed, title was approved, and the bill ordered returned to the House. Absent and excused--Andreason, Bunderson, Ingram. Total - 3. H 454 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 416 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows: H 460 was read the third time at length, section by section, AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, and placed before the Senate for final consideration. Senator Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Marley arose as sponsor of the bill and opened the debate. The Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, question being, “Shall the bill pass?” Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Roll call resulted as follows: Williams. Total - 32. AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, NAYS--None. Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Absent and excused--Andreason, Bunderson, Ingram. Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Total - 3. Williams. Total - 32.

Total - 35. NAYS--None.

Absent and excused--Andreason, Bunderson, Ingram. Whereupon the President declared H 454 passed, title was Total - 3. approved, and the bill ordered returned to the House. Total - 35. H 415 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Noh Whereupon the President declared H 460 passed, title was arose as sponsor of the bill and opened the debate. The question approved, and the bill ordered returned to the House. being, “Shall the bill pass?” H 461 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Roll call resulted as follows: Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Williams. Total - 32. Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, NAYS--None. Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. Absent and excused--Andreason, Bunderson, Ingram. Total - 3. NAYS--None.

Total - 35. Absent and excused--Andreason, Bunderson, Ingram. Total - 3. Whereupon the President declared H 415 passed, title was approved, and the bill ordered returned to the House. Total - 35. [February 4, 2002 SENATE JOURNAL 73

Whereupon the President declared H 461 passed, title was NAYS--None. approved, and the bill ordered returned to the House. Absent and excused--Andreason, Bunderson, Hawkins, H 462 was read the third time at length, section by section, Ingram, Stennett. Total - 5. and placed before the Senate for final consideration. Senator Marley arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the President declared H 436 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House.

AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, On request by Senator Davis, granted by unanimous consent, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hill, Ipsen, H 451 was placed before the Senate for consideration at this time. Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sims, Sorensen, Stegner, Thorne (Thorne), Wheeler, Williams. H 451, having been held, was read the third time at length, Total - 26. section by section, and placed before the Senate for final consideration. Senator Cameron arose as sponsor of the bill and NAYS--Dunklin, Schroeder. Total - 2. opened the debate. The question being, “Shall the bill pass?”

Absent and excused--Andreason, Bunderson, Hawkins, Roll call resulted as follows: Ingram, King-Barrutia, Sandy, Stennett. Total - 7. AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Total - 35. Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Whereupon the President declared H 462 passed, title was Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, approved, and the bill ordered returned to the House. Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, Williams. Total - 32. S 1322 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--None. Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Andreason, Bunderson, Ingram. Total - 3. Roll call resulted as follows: Total - 35. AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Whereupon the President declared H 451 passed, title was Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, approved, and the bill ordered returned to the House. Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler, On request by Senator Davis, granted by unanimous consent, Williams. Total - 32. the Senate advanced to the Fifteenth Order of Business.

NAYS--None. Miscellaneous Business

Absent and excused--Andreason, Bunderson, Ingram. On motion by Senator Davis, seconded by Senator Dunklin, Total - 3. by voice vote the Senate adjourned at 11:40 a.m. until the hour of 11:15 a.m., Monday, February 4, 2002. Total - 35. JACK RIGGS, President Whereupon the President declared S 1322 passed, title was approved, and the bill ordered transmitted to the House. Attest: JEANNINE WOOD, Secretary On request by Senator Davis, granted by unanimous consent, H 436 was placed before the Senate for consideration at this time. ______H 436, having been held, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Cameron arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” TWENTY-NINTH LEGISLATIVE DAY Roll call resulted as follows: MONDAY, FEBRUARY 4, 2002 AYES--Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Senate Chamber Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne (Thorne), Wheeler, Williams. Total - 30. President Riggs called the Senate to order at 11:15 a.m. 74 SENATE JOURNAL February 4, 2002]

Roll call showed all members present except Senators Davis February 1, 2002 and Ingram, absent and formally excused by the Chair; President Pro Tempore Geddes and Senators Branch, Cameron, Hawkins, The JUDICIARY AND RULES Committee reports out and Wheeler, absent and excused. S 1313, S 1314, S 1315, S 1316, and S 1317 with the recommendation that they do pass. Prayer was offered by Chaplain C. Leon Johnson. DARRINGTON, Chairman The Senate advanced to the Third Order of Business. S 1313, S 1314, S 1315, S 1316, and S 1317 were filed for Reading and Correction of the Journal second reading.

The JUDICIARY AND RULES Committee reports that the February 1, 2002 Senate Journal of the proceedings of February 1, 2002, was read and approved as corrected. The HEALTH AND WELFARE Committee reports out H 391 with the recommendation that it be referred to the DARRINGTON, Chairman Fourteenth Order of Business for amendment.

There being no objection, the report was adopted and IPSEN, Chairman ordered filed in the office of the Secretary of the Senate. There being no objection, H 391 was referred to the On request by Senator Risch, granted by unanimous consent, Fourteenth Order of Business, General Calendar. the Senate advanced to the Sixth Order of Business. February 1, 2002 Reports of Standing Committees The HEALTH AND WELFARE Committee reports out S 1329, H 392, and H 400 with the recommendation that they do President Pro Tempore Geddes and Senator Wheeler were pass. recorded present at this order of business. IPSEN, Chairman February 4, 2002 S 1329, H 392, and H 400 were filed for second reading. The JUDICIARY AND RULES Committee reports that S 1359, S 1360, and S 1361 have been correctly printed. February 1, 2002

DARRINGTON, Chairman The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by S 1359 and S 1361 were referred to the Transportation the Senate: Committee. Bud Tracy to the Idaho State Building Authority, term to S 1360 was referred to the Judiciary and Rules Committee. expire January 1, 2006;

February 1, 2002 Teresa Deshon to the Idaho Lottery Commission, term to expire January 1, 2006. The JUDICIARY AND RULES Committee reports that S 1311 has been correctly enrolled. SORENSEN, Chairman

The Gubernatorial appointments were referred to the Tenth DARRINGTON, Chairman Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. The President signed Enrolled S 1311 and ordered it transmitted to the House for the signature of the Speaker. February 1, 2002

February 1, 2002 The STATE AFFAIRS Committee reports out H 456, S 1327, HCR 40, and HJM 13 with the recommendation that The JUDICIARY AND RULES Committee reports that they do pass. Enrolled S 1292, S 1293, and S 1301 were delivered to the Office SORENSEN, Chairman of the Governor at 1:40 p.m., February 1, 2002. H 456 and S 1327 were filed for second reading. DARRINGTON, Chairman HCR 40 and HJM 13 were referred to the Tenth Order of The report was ordered filed in the office of the Secretary of Business, Motions and Resolutions, and ordered held at the the Senate. Secretary’s desk for one legislative day. [February 4, 2002 SENATE JOURNAL 75

February 1, 2002 IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. The COMMERCE AND HUMAN Committee reports it has had under consideration the Gubernatorial appointments listed Done at Boise, the Capital of Idaho, this Fourth day of below and the Committee recommends that said appointments be February, in the year of our Lord Two Thousand and Two and of confirmed by the Senate: the Independence of the United States of America the Two Hundred and Twenty-sixth year. Parker G. Woodall to the Idaho Endowment Fund Investment Board, term to expire April 11, 2005; /s/ BY THE GOVERNOR DIRK KEMPTHORNE /s/ SECRETARY OF STATE PETE T. CENARRUSA Dr. J. Kirk Sullivan to the Public Employee Retirement System of Idaho Board, term to expire July 1, 2006; The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. Thomas E. Limbaugh to the Idaho Industrial Commission Board, term to expire January 1, 2007; The President announced that the Oath of Office had been administered previously to Acting Senator Bartlett, and she was William D. Mitchell to the Idaho Endowment Fund recorded present at this order of business. Investment Board, term to expire April 11, 2005. The Senate advanced to the Ninth Order of Business. ANDREASON, Chairman Messages from the House The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at February 1, 2002 the Secretary’s desk for one legislative day. Mr. President: The Senate advanced to the Eighth Order of Business. I transmit herewith H 419 which has passed the House. Messages from the Governor JUKER, Chief Clerk Senators Cameron and Hawkins were recorded present at this order of business. H 419 was filed for first reading.

February 4, 2002 February 1, 2002

The Honorable Jack Riggs Mr. President: President of the Senate Idaho Legislature I transmit herewith Enrolled H 434 for the signature of the President. Dear Mr. President: JUKER, Chief Clerk I have the honor to inform you that I have appointed Judy Bartlett of Midvale, Idaho, to be Acting State Senator for The President signed Enrolled H 434 and ordered it returned Legislative District 9. This appointment is effective February 4, to the House. 2002, and will continue until such time as Senator Ric Branch is able to resume his duties. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Sincerely, /s/ Dirk Kempthorne Introduction, First Reading, and Reference of Bills, Governor House Petitions, Resolutions, and Memorials

THE OFFICE OF THE GOVERNOR S 1362 EXECUTIVE DEPARTMENT BY EDUCATION COMMITTEE BOISE, IDAHO AN ACT CERTIFICATE OF APPOINTMENT RELATING TO THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION; REPEALING SECTION 67-1505, KNOW ALL MEN, by these Presents, that pursuant to the IDAHO CODE, RELATING TO THE PRINTING OF provisions of Section 59-917, Idaho Code, Ric Branch, State SUPPLIES AND LAWS. Senator, District 9, Gem, Payette, and Washington Counties, State of Idaho, has nominated Judy Bartlett of Midvale, Idaho, to S 1363 perform the duties of this office temporarily as Acting State BY EDUCATION COMMITTEE Senator. AN ACT RELATING TO PUBLIC SCHOOL PUPILS ATTENDING NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor SCHOOL IN ANOTHER STATE; AMENDING SECTION of the State of Idaho, by virtue of the authority vested in me, do 33-1002E, IDAHO CODE, TO DELETE LANGUAGE WHICH hereby appoint Judy Bartlett, of Midvale, Idaho, to the office of IS IN CONFLICT WITH THE BORDER DISTRICT State Senator, District 9, for a term commencing February 4, ALLOWANCE AS CALCULATED PURSUANT TO THE 2002, and continuing until such time as Senator Branch is able to PROVISIONS OF THE EDUCATIONAL SUPPORT resume his duties. PROGRAM. 76 SENATE JOURNAL February 4, 2002]

S 1364 S 1362, S 1363, S 1364, S 1365, S 1366, S 1367, S 1368, BY JUDICIARY AND RULES COMMITTEE and S 1369 were introduced, read the first time at length, and AN ACT referred to the Judiciary and Rules Committee for printing. RELATING TO DISHONORED CHECKS; AMENDING SECTION 1-2301A, IDAHO CODE, TO PROVIDE FOR H 419, by Mr. Speaker, was introduced, read the first time WRITTEN DEMAND BY REGULAR MAIL SUPPORTED BY at length, and referred to the Resources and Environment AFFIDAVIT; AMENDING SECTION 28-22-105, IDAHO Committee. CODE, TO CLARIFY MAILING REQUIREMENTS FOR NOTICES OF DISHONOR AND TO MAKE TECHNICAL The Senate advanced to the Twelfth Order of Business. CORRECTIONS; AMENDING SECTION 28-22-106, IDAHO CODE, TO REVISE PROVISIONS FOR NOTICE OF Second Reading of Bills DISHONOR; AND AMENDING SECTION 28-22-107, IDAHO CODE, TO CLARIFY MAILING REQUIREMENTS FOR S 1295, by Judiciary and Rules Committee, was read the NOTICES OF DISHONOR AND TO MAKE TECHNICAL second time at length and filed for third reading. CORRECTIONS. S 1324, by Commerce and Human Resources Committee, S 1365 was read the second time at length and filed for third reading. BY JUDICIARY AND RULES COMMITTEE AN ACT The Senate advanced to the Thirteenth Order of Business. RELATING TO THEFT; AMENDING SECTION 18-2408, IDAHO CODE, TO EXTEND A DESIGNATED Third Reading of Bills PUNISHMENT TO THE PROHIBITED USE OF SCANNING DEVICES AND REENCODERS; AND AMENDING S 1318 was read the third time at length, section by section, CHAPTER 24, TITLE 18, IDAHO CODE, BY THE and placed before the Senate for final consideration. Senators ADDITION OF A NEW SECTION 18-2415, IDAHO CODE, Darrington and King-Barrutia arose as co-sponsors of the bill and TO DEFINE TERMS, TO PROHIBIT CERTAIN POSSESSION opened the debate. The question being, “Shall the bill pass?” AND USE OF SCANNING DEVICES AND REENCODERS AND TO PROVIDE FOR PUNISHMENT. Roll call resulted as follows:

S 1366 AYES--Andreason, Bartlett (Branch), Boatright, Brandt, BY JUDICIARY AND RULES COMMITTEE Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, AN ACT Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, RELATING TO THEFT; AMENDING SECTION 18-2408, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, IDAHO CODE, TO PROVIDE FOR FELONY PUNISHMENT Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne FOR CERTAIN REPEAT OFFENSES. (Thorne), Wheeler, Williams. Total - 33.

S 1367 NAYS--None. BY JUDICIARY AND RULES COMMITTEE AN ACT Absent and excused--Davis, Ingram. Total - 2. RELATING TO CRIMINAL JUDGMENTS; AMENDING CHAPTER 25, TITLE 19, IDAHO CODE, BY THE Total - 35. ADDITION OF A NEW SECTION 19-2520A, IDAHO CODE, TO PROVIDE FOR EXTENDED SENTENCES FOR Whereupon the President declared S 1318 passed, title was SPECIFIED CRIMES AGAINST PREGNANT VICTIMS. approved, and the bill ordered transmitted to the House.

S 1368 S 1319 was read the third time at length, section by section, BY STATE AFFAIRS COMMITTEE and placed before the Senate for final consideration. Senator AN ACT Darrington arose as sponsor of the bill and opened the debate. RELATING TO NET ENERGY METERING; AMENDING The question being, “Shall the bill pass?” TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 8, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDE Roll call resulted as follows: FOR NET METERING, TO PROVIDE FOR NET ENERGY MEASUREMENT AND BILLING AND TO PROVIDE AYES--Andreason, Bartlett (Branch), Boatright, Brandt, REQUIREMENTS FOR NET METERING SYSTEMS. Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, S 1369 King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, BY STATE AFFAIRS COMMITTEE Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne AN ACT (Thorne), Wheeler, Williams. Total - 33. RELATING TO OPEN PUBLIC MEETINGS; AMENDING SECTION 67-2342, IDAHO CODE, TO PROVIDE FOR THE NAYS--None. USE BY GOVERNING BODIES OF TELECOMMUNICATIONS DEVICES AND TO ENSURE Absent and excused--Davis, Ingram. Total - 2. PUBLIC ACCESS TO PUBLIC MEETINGS CONDUCTED USING SUCH DEVICES. Total - 35. [February 5, 2002 SENATE JOURNAL 77

Whereupon the President declared S 1319 passed, title was The JUDICIARY AND RULES Committee reports that the approved, and the bill ordered transmitted to the House. Senate Journal of the proceedings of February 4, 2002, was read and approved as corrected. S 1326 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator DARRINGTON, Chairman Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Roll call resulted as follows: On request by Senator Risch, granted by unanimous consent, AYES--Andreason, Boatright, Brandt, Bunderson, the Senate advanced to the Sixth Order of Business. Burtenshaw, Cameron, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Reports of Standing Committees Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne (Thorne), Wheeler. Total - 26. February 5, 2002

NAYS--Bartlett (Branch), Darrington, Hawkins, Keough, The JUDICIARY AND RULES Committee reports that Schroeder, Sims, Williams. Total - 7. S 1362, S 1363, S 1364, S 1365, S 1366, S 1367, S 1368, and S 1369 have been correctly printed. Absent and excused--Davis, Ingram. Total - 2. DARRINGTON, Chairman Total - 35. S 1362 and S 1363 were referred to the Education Whereupon the President declared S 1326 passed, title was Committee. approved, and the bill ordered transmitted to the House. S 1364, S 1365, S 1366, and S 1367 were referred to the On request by Senator Risch, granted by unanimous consent, Judiciary and Rules Committee. the Senate advanced to the Fifteenth Order of Business. S 1368 and S 1369 were referred to the State Affairs Miscellaneous Business Committee.

On motion by Senator Risch, seconded by Senator Stennett, February 4, 2002 by voice vote the Senate adjourned at 12:10 p.m. until the hour of 11 a.m., Tuesday, February 5, 2002. The JUDICIARY AND RULES Committee reports out H 401 and H 405 with the recommendation that they do pass. JACK RIGGS, President DARRINGTON, Chairman Attest: JEANNINE WOOD, Secretary H 401 and H 405 were filed for second reading.

______February 4, 2002

The STATE AFFAIRS Committee reports out S 1357 and S 1358 with the recommendation that they do pass. THIRTIETH LEGISLATIVE DAY TUESDAY, FEBRUARY 5, 2002 SORENSEN, Chairman

S 1357 and S 1358 were filed for second reading. Senate Chamber February 4, 2002 President Riggs called the Senate to order at 11 a.m. The STATE AFFAIRS Committee reports it has had under Roll call showed all members present except Senator Ingram, consideration the Gubernatorial appointment listed below and the absent and formally excused by the Chair; and Senators Cameron Committee recommends that said appointment be confirmed by and Dunklin, absent and excused. the Senate:

Prayer was offered by Chaplain C. Leon Johnson. Eloy Chaves to the Idaho Commission on Human Rights, term to expire July 1, 2003. The Senate advanced to the Third Order of Business. SORENSEN, Chairman Reading and Correction of the Journal The Gubernatorial appointment was referred to the Tenth Senator Cameron was recorded present at this order of Order of Business, Motions and Resolutions, and ordered held at business. the Secretary’s desk for one legislative day. 78 SENATE JOURNAL February 5, 2002]

February 5, 2002 AND TO PROVIDE A PROCEDURE FOR THE ACQUISITION OF TRACTS OF LAND OR INTERESTS IN The HEALTH AND WELFARE Committee reports out TRACTS OF LAND IN COUNTIES WHERE FIFTY S 1336 and S 1337 with the recommendation that they do pass. PERCENT OR MORE OF THE LAND LOCATED IN THE COUNTY IS ALREADY HELD IN PUBLIC OWNERSHIP; TO IPSEN, Chairman PROVIDE AN EFFECTIVE DATE AND TO PROVIDE FOR APPLICATION. S 1336 and S 1337 were filed for second reading. S 1372 On request by Senator Risch, granted by unanimous consent, BY RESOURCES AND ENVIRONMENT COMMITTEE the Senate advanced to the Ninth Order of Business. AN ACT RELATING TO THE OUTFITTERS AND GUIDES Messages from the House LICENSING BOARD; AMENDING SECTION 36-2107, IDAHO CODE, TO PROVIDE THAT THE OUTFITTERS February 4, 2002 AND GUIDES LICENSING BOARD SHALL HAVE THE POWER TO ENTER INTO COOPERATIVE AGREEMENTS Mr. President: WITH COUNTY SHERIFFS TO PROVIDE AID AND ASSISTANCE AND TO PROVIDE THAT ALL I transmit herewith HCR 44, H 508, H 509, H 510, H 511, ENFORCEMENT AGENTS APPOINTED BY THE BOARD H 489, and H 470 which have passed the House. SHALL HAVE THE POWER OF PEACE OFFICERS LIMITED TO RESPONDING PURSUANT TO JUKER, Chief Clerk COOPERATIVE AGREEMENTS WITH COUNTY SHERIFFS.

HCR 44, H 508, H 509, H 510, H 511, H 489, and H 470 S 1373 were filed for first reading. BY STATE AFFAIRS COMMITTEE AN ACT On request by Senator Risch, granted by unanimous consent, RELATING TO PROCEEDINGS OF THE PUBLIC UTILITIES the Senate advanced to the Eleventh Order of Business. COMMISSION; AMENDING SECTION 61-617A, IDAHO CODE, TO REQUIRE NOTICE OF THE OPPORTUNITY TO Introduction, First Reading, and Reference of Bills, INTERVENE, TO INCREASE THE MAXIMUM AMOUNT House Petitions, Resolutions, and Memorials WHICH MAY BE AWARDED FOR COSTS OF INTERVENORS, AND TO MAKE TECHNICAL S 1370 CORRECTIONS. BY JUDICIARY AND RULES COMMITTEE AN ACT S 1374 RELATING TO THE IDAHO STATE BAR LAWYER BY STATE AFFAIRS COMMITTEE ASSISTANCE PROGRAM; AMENDING TITLE 54, IDAHO AN ACT CODE, BY THE ADDITION OF A NEW CHAPTER 49, RELATING TO THE IDAHO ADMINISTRATIVE TITLE 54, IDAHO CODE, TO DEFINE "IDAHO STATE BAR PROCEDURE ACT; AMENDING CHAPTER 52, TITLE 67, LAWYER ASSISTANCE PROGRAM," TO PROVIDE THAT IDAHO CODE, BY THE ADDITION OF A NEW SECTION RECORDS AND PROCEEDINGS OF THE LAWYER'S 67-5293, IDAHO CODE, TO PROVIDE FOR A THOROUGH ASSISTANCE PROGRAM ARE NOT SUBJECT TO STUDY OF ALL ADMINISTRATIVE RULES SUBPOENA OR DISCOVERY AND ARE NOT ADMISSIBLE PROMULGATED BY EVERY AGENCY, DEPARTMENT, AS EVIDENCE, TO PROVIDE THAT CERTAIN PERSONS BOARD, COMMISSION AND OFFICE WHICH ASSOCIATED WITH THE LAWYER'S ASSISTANCE PROMULGATES RULES, TO DIRECT THE LEGISLATIVE PROGRAM MAY NOT BE COMPELLED TO TESTIFY, TO COUNCIL TO APPOINT STUDY COMMITTEES IN PROVIDE THAT RECORDS REGARDING A PARTICIPANT ACCORDANCE WITH A SCHEDULE FOR REVIEW AND SHALL BE RELEASED IF A PROPERLY COMPLETED REPORTING, TO PROVIDE CONTENTS OF THE STUDY RELEASE FORM SIGNED BY THE PARTICIPANT IS AND TO PROVIDE FOR REPORTING TO THE NEXT SUBMITTED AND TO PROVIDE FOR PROTECTED CONVENING LEGISLATURE; PROVIDING AN EFFECTIVE ACTION AND COMMUNICATION FOR CERTAIN DATE AND PROVIDING A SUNSET CLAUSE. PERSONS INVOLVED WITH THE LAWYER'S ASSISTANCE PROGRAM; AND AMENDING SECTION 9-340C, IDAHO S 1375 CODE, TO PROVIDE THAT RECORDS OF THE LAWYER'S BY LOCAL GOVERNMENT AND TAXATION ASSISTANCE PROGRAM SHALL BE EXEMPT FROM COMMITTEE DISCLOSURE WITH AN EXCEPTION AND TO MAKE A AN ACT TECHNICAL CORRECTION. RELATING TO THE BOARD OF TAX APPEALS; AMENDING SECTION 63-3813, IDAHO CODE, TO S 1371 PROVIDE A FINAL DECISION OR ORDER OF THE BOARD BY RESOURCES AND ENVIRONMENT COMMITTEE OF TAX APPEALS DIRECTING A MARKET VALUE AN ACT CHANGE FOR TAXABLE PROPERTY THAT IS NOT RELATING TO THE FISH AND GAME COMMISSION; FURTHER APPEALED SHALL BE FIXED FOR THE AMENDING SECTION 36-104, IDAHO CODE, TO STRIKE CURRENT YEAR APPEALED AND THERE SHALL BE NO REFERENCE TO ACQUISITIONS BY CONDEMNATION INCREASE IN VALUE FOR THE SUBSEQUENT [February 6, 2002 SENATE JOURNAL 79

ASSESSMENT YEAR WHEN NO PHYSICAL CHANGE ______OCCURS TO THE PROPERTY AND TO PROVIDE THAT ANNUAL TRENDING OR EQUALIZATION APPLIED TO ALL PROPERTIES OF A PROPERTY CLASS OR THIRTY-FIRST LEGISLATIVE DAY CATEGORY WITHIN THE COUNTY OR A CLEARLY WEDNESDAY, FEBRUARY 6, 2002 DEFINED AREA SHALL STILL APPLY; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE Senate Chamber APPLICATION. President Riggs called the Senate to order at 11 a.m. S 1370, S 1371, S 1372, S 1373, S 1374, and S 1375 were introduced, read the first time at length, and referred to the Roll call showed all members present except Senator Ingram, Judiciary and Rules Committee for printing. absent and formally excused by the Chair; and Senators Cameron, Davis, Dunklin, Frasure, Marley, Sandy, Stennett, and Thorne, HCR 44, by Judiciary, Rules, and Administration absent and excused. Committee, was introduced, read at length, and referred to the Judiciary and Rules Committee. Prayer was offered by Chaplain C. Leon Johnson.

H 508, H 509, H 510, and H 511, by Appropriations The Senate advanced to the Third Order of Business. Committee, were introduced, read the first time at length, and referred to the Finance Committee. Reading and Correction of the Journal

H 489, by Environmental Affairs Committee, was Senators Cameron, Davis, Dunklin, Frasure, Marley, and introduced, read the first time at length, and referred to the Stennett were recorded present at this order of business. Health and Welfare Committee. The JUDICIARY AND RULES Committee reports that the H 470, by State Affairs Committee, was introduced, read the Senate Journal of the proceedings of February 5, 2002, was read first time at length, and referred to the State Affairs Committee. and approved as corrected.

The Senate advanced to the Twelfth Order of Business. DARRINGTON, Chairman

Second Reading of Bills There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Senator Dunklin was recorded present at this order of business. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. S 1313, S 1314, S 1315, S 1316, and S 1317, by Judiciary and Rules Committee, were read the second time at length and Petitions, Resolutions, and Memorials filed for third reading. SCR 122 S 1329, by Health and Welfare Committee, was read the BY RESOURCES AND ENVIRONMENT COMMITTEE second time at length and filed for third reading. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND H 392 and H 400, by Mr. Speaker, were read the second APPROVING THE IDAHO WOLF CONSERVATION AND time at length and filed for third reading. MANAGEMENT PLAN.

Be It Resolved by the Legislature of the State of Idaho: H 456, by State Affairs Committee, was read the second time at length and filed for third reading. WHEREAS, pursuant to Section 36-715, Idaho Code, the Idaho Department of Fish and Game was authorized to work in S 1327, by State Affairs Committee, was read the second conjunction with the Wolf Oversight Committee, as established time at length and filed for third reading. by the Wolf EIS Participation Plan dated February 1992, in the development and implementation of an Idaho Wolf Conservation On request by Senator Risch, granted by unanimous consent, and Management Plan that would enable the state to take over the the Senate advanced to the Fifteenth Order of Business. management of wolves after they are removed from the endangered species list; and Miscellaneous Business WHEREAS, pursuant to that statutory directive, the Idaho Department of Fish and Game and the Wolf Oversight Committee On motion by Senator Risch, seconded by Senator Marley, have reported to the Idaho Senate Resources and Environment by voice vote the Senate adjourned at 12:25 p.m. until the hour Committee and to the Idaho House of Representatives Resources of 11 a.m., Wednesday, February 6, 2002. and Conservation Committee following their completion of the Idaho Wolf Conservation and Management Plan; and JACK RIGGS, President WHEREAS, the Idaho Department of Fish and Game is charged with preserving, protecting and managing the state's Attest: JEANNINE WOOD, Secretary wildlife resources for the use and enjoyment of all people, with 80 SENATE JOURNAL February 6, 2002] several exceptions, including threatened and endangered species. Reports of Standing Committees The Idaho Wolf Conservation and Management Plan sets forth specific wolf management goals and population objectives that Senator Sandy was recorded present at this order of business. will be administered by the Idaho Department of Fish and Game upon the delisting of wolves in the state of Idaho; and February 6, 2002 WHEREAS, upon delisting, the classification of wolves will be changed from an endangered species to either a big game animal or a furbearer at the discretion of the Idaho Fish and The JUDICIARY AND RULES Committee reports that Game Commission. Such classification will allow the Idaho S 1370, S 1371, S 1372, S 1373, S 1374, and S 1375 have been Department of Fish and Game statutory authority to establish correctly printed. seasons and bag limits to regulate and limit legal public take of wolves in the future, and enable the Department of Fish and DARRINGTON, Chairman Game to protect wolf populations by enforcing regulations and issuing citations for illegal take. Under classification as a big S 1370 was referred to the Judiciary and Rules Committee. game animal or furbearer, the Department of Fish and Game will also have the authority to manage wolves by offering no open S 1371 and S 1372 were referred to the Resources and season, and thus preventing sport harvest. Specific wolf Environment Committee. population objectives will be developed by the Department of Fish and Game and adopted by the Idaho Fish and Game Commission. S 1373 and S 1374 were referred to the State Affairs Wolf population objectives, annual harvest goals, methods to Committee. achieve those goals, and number of permits to be issued will be evaluated annually through the Idaho Department of Fish and S 1375 was referred to the Local Government and Taxation Game's big game season setting process. If at any time wolf Committee. population numbers or reproductive success falls near a low February 5, 2002 threshold of breeding pairs, nonlethal methods to manage wolves will be preferred to ensure that adequate breeding pairs produce, The FINANCE Committee reports out H 508, H 509, and successfully rear, litters annually; and H 510, and H 511 with the recommendation that they do pass. WHEREAS, since wolf recovery efforts began in the state of Idaho in 1995 when the U.S. Fish and Wildlife Service CAMERON, Chairman reintroduced fifteen gray wolves, with another twenty added in 1996, the wolf population has steadily increased to an estimated H 508, H 509, H 510, and H 511 were filed for second two hundred sixty-one in 2001, representing a minimum of reading. seventeen packs. Fourteen of the packs have approximately February 5, 2002 eighty-two pups on the ground that will be of reproductive age within twenty-four months; and The TRANSPORTATION Committee reports it has had WHEREAS, wolves are now at a recovery level in the state under consideration the Gubernatorial appointments listed below of Idaho and it is in the best interest of the citizens of the state to and the Committee recommends that said appointments be have the wolves delisted so that management can begin to occur. confirmed by the Senate: The state of Idaho should be allowed to assume responsibility for wolf management, effective upon the availability of federal John X. Combo to the Idaho Transportation Board, term to expire January 31, 2008; funding for management purposes. NOW, THEREFORE, BE IT RESOLVED by the members Rodger Lee Sorensen to the Idaho Aeronautics Advisory of the Second Regular Session of the Fifty-sixth Idaho Board, term to expire January 31, 2005. Legislature, the Senate and the House of Representatives concurring therein, that the state of Idaho has established law, FRASURE, Chairman reflected in the Idaho Wolf Conservation and Management Plan, and will also promulgate rules, that provide adequate regulatory The Gubernatorial appointments were referred to the Tenth mechanisms to ensure the U.S. Fish and Wildlife Service and the Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. public that wolf populations will be maintained at such a level that they will not decline to the point that they will require the February 5, 2002 protection of the ESA again in the future. The plan additionally sets forth clear and specific goals and objectives for the The TRANSPORTATION Committee reports out H 426 and conservation and management of wolves in the state of Idaho. The H 427 with the recommendation that they do pass. Idaho Wolf Conservation and Management Plan is hereby approved by the Legislature of the State of Idaho. The U.S. Fish FRASURE, Chairman and Wildlife Service should proceed with the delisting process, removing the gray wolf from the endangered species list, and H 426 and H 427 were filed for second reading. allowing the state of Idaho to assume responsibility for wolf management, effective upon the availability of federal funding for February 5, 2002 management purposes. The TRANSPORTATION Committee reports out S 1320 SCR 122 was introduced, read at length, and referred to the with the recommendation that it be referred to the Fourteenth Judiciary and Rules Committee for printing. Order of Business for amendment.

The Senate advanced to the Sixth Order of Business. FRASURE, Chairman [February 6, 2002 SENATE JOURNAL 81

There being no objection, S 1320 was referred to the On February 1, 2002, House Bill 425 having been Fourteenth Order of Business, General Calendar. reconsidered and approved by over two-thirds of the members of the House of Representatives, was reconsidered by the Senate. On request by Senator Risch, granted by unanimous consent, Upon reconsideration by a vote of 26 to 8, 1 absent and excused, the Senate advanced to the Eighth Order of Business. over two-thirds of the members present in the Senate approved the bill notwithstanding the objections of the Governor. Said vote Messages from the Governor was entered on the Journal of the Senate.

February 5, 2002 In accordance with Article 4, Section 10, of the Idaho Constitution, House Bill 425 shall become law on February 1, The Honorable Jack Riggs President of the Senate 2002, notwithstanding the objections of the Governor. Idaho Legislature /s/ BRUCE NEWCOMB Dear Mr. President: Speaker of the House

I have the honor to inform you that I have signed today and /s/ JACK RIGGS am transmitting to the Secretary of State the following Senate President of the Senate Bills, to wit: S 1292, S 1293, S 1301 Attest: /s/ Pamela L. Juker Sincerely, Chief Clerk /s/ Dirk Kempthorne Governor The President signed the Certificate of Passage and ordered Enrolled H 425 and the Certificate of Passage returned to the The correspondence was ordered filed in the office of the House. Secretary of the Senate. February 5, 2002 The Senate advanced to the Ninth Order of Business.

Messages from the House Mr. President:

February 5, 2002 I transmit herewith Enrolled H 435, H 449, H 450, H 452, H 453, H 458, H 454, H 415, H 416, H 460, H 461, H 462, Mr. President: H 436, and H 451 for the signature of the President, and I return herewith Enrolled S 1311, which has been signed by the Speaker. I transmit herewith H 474, H 475, and H 486 which have passed the House. JUKER, Chief Clerk JUKER, Chief Clerk The President signed Enrolled H 435, H 449, H 450, H 452, H 474, H 475, and H 486 were filed for first reading. H 453, H 458, H 454, H 415, H 416, H 460, H 461, H 462, H 436, and H 451 and ordered them returned to the House. February 5, 2002 Enrolled S 1311 was referred to the Judiciary and Rules Mr. President: Committee for transmittal to the Office of the Governor. I transmit herewith Enrolled H 425 and the Certificate of The Senate advanced to the Tenth Order of Business. Passage over the Veto of the Governor, which certificate is for the signature of the President. Motions and Resolutions JUKER, Chief Clerk The President announced that SCR 120 was before the The Secretary read the following Certificate of Passage: Senate for final consideration.

CERTIFICATE OF PASSAGE Moved by Senator King-Barrutia, seconded by Senator of H 425 Stennett, that SCR 120 be adopted. The question being, “Shall the resolution be adopted?” HOUSE OF REPRESENTATIVES and SENATE NOTWITHSTANDING THE OBJECTIONS OF THE Roll call vote was requested by Senators Noh, Davis, and GOVERNOR King-Barrutia.

House Bill 425 having been vetoed by the Governor of Idaho Roll call resulted as follows: pursuant to Article 4, Section 10, of the Idaho Constitution on AYES--Andreason, Bartlett (Branch), Boatright, Brandt, January 31, 2002, was returned to the House of Representatives Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, on February 1, 2002, for reconsideration. Upon reconsideration, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, by vote of 50 to 20, over two-thirds of the members present Keough, King-Barrutia, Little, Lodge, Marley, Richardson, approved the bill notwithstanding the objections of the Governor. Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Wheeler. Said vote was entered on the Journal of the House. Total - 30. 82 SENATE JOURNAL February 6, 2002]

NAYS--Noh, Stegner, Williams. Total - 3. The President declared the report adopted and directed the Secretary of the Senate to prepare letters of the Gubernatorial Absent and excused--Ingram, Thorne. Total - 2. appointment confirmations for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the Total - 35. action of the Senate.

The President declared SCR 120 adopted, title was The President announced that HCR 40 was before the Senate approved, and the resolution ordered transmitted to the House. for final consideration, the question being, “Shall the resolution be adopted?” The President announced that SCR 121 was before the Senate for final consideration, the question being, “Shall the On motion by Senator Richardson, seconded by Senator resolution be adopted?” Risch, HCR 40 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. On motion by Senator Boatright, seconded by Senator Stennett, SCR 121 was adopted by voice vote, title was approved, The President announced that HJM 13 was before the Senate and the resolution ordered transmitted to the House. for final consideration, the question being, “Shall the memorial be adopted?” The President announced the State Affairs Committee report, relative to the Gubernatorial appointments of Bud Tracy and On motion by Senator Richardson, seconded by Senator Teresa Deshon, was before the Senate for final consideration, the Risch, HJM 13 was adopted by voice vote, title was approved, question being, “Shall the report be adopted?” and the memorial ordered returned to the House.

On motion by Senator Darrington, seconded by Senator The President announced the State Affairs Committee report Stennett, the Gubernatorial appointment of Bud Tracy as a relative to the Gubernatorial appointment of Eloy Chaves was member of the Idaho State Building Authority was confirmed by before the Senate for final consideration, the question being, voice vote. “Shall the report be adopted?”

On motion by Senator Keough, seconded by Senator On motion by Senator King-Barrutia, seconded by Senator Stennett, the Gubernatorial appointment of Teresa Deshon as a Marley, the Gubernatorial appointment of Eloy Chaves as a member of the Idaho State Lottery Commission was confirmed by member of the Idaho Commission on Human Rights was voice vote. confirmed by voice vote.

The President declared the report adopted and directed the The President declared the report adopted and directed the Secretary of the Senate to prepare letters of the Gubernatorial Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmations for his signature, attested to by the appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the Secretary, to be transmitted to the Governor informing him of the action of the Senate. action of the Senate.

The President announced the Commerce and Human The Senate advanced to the Eleventh Order of Business. Resources Committee report, relative to the Gubernatorial appointments of Parker G. Woodall, Dr. J. Kirk Sullivan, Introduction, First Reading, and Reference of Bills, Thomas E. Limbaugh, and William D. Mitchell, was before the House Petitions, Resolutions, and Memorials Senate for final consideration, the question being, “Shall the report be adopted?” S 1376 BY RESOURCES AND ENVIRONMENT COMMITTEE On motion by Senator Goedde, seconded by Senator AN ACT Dunklin, the Gubernatorial appointment of Parker G. Woodall as RELATING TO WOLVES; AMENDING CHAPTER 7, TITLE a member of the Idaho Endowment Fund Investment Board was 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION confirmed by voice vote. 36-715A, IDAHO CODE, TO PROVIDE FOR THE EFFECTIVITY AND IMPLEMENTATION OF AN IDAHO On motion by Senator Andreason, seconded by Senator WOLF MANAGEMENT PLAN CONDITIONED UPON THE Marley, the Gubernatorial appointment of Dr. J. Kirk Sullivan as AVAILABILITY OF ADEQUATE AND CONTINUOUS a member of the Public Employee Retirement System of Idaho FEDERAL FUNDS. Board was confirmed by voice vote. S 1377 On motion by Senator Stegner, seconded by Senator BY COMMERCE AND HUMAN RESOURCES Dunklin, the Gubernatorial appointment of Thomas E. Limbaugh COMMITTEE as a member of the Idaho Industrial Commission was confirmed AN ACT by voice vote. RELATING TO LIENS; AMENDING SECTION 45-507, IDAHO CODE, TO PROVIDE THAT A COPY OF A CLAIM On motion by Senator Hill, seconded by Senator Dunklin, OF LIEN SHALL BE PERSONALLY DELIVERED OR the Gubernatorial appointment of William D. Mitchell as a MAILED NO LATER THAN FIVE BUSINESS DAYS member of the Idaho Endowment Fund Investment Board was FOLLOWING THE FILING OF SUCH CLAIM OF LIEN; confirmed by voice vote. AMENDING CHAPTER 5, TITLE 45, IDAHO CODE, BY [February 7, 2002 SENATE JOURNAL 83

THE ADDITION OF A NEW SECTION 45-525, IDAHO A TECHNICAL CORRECTION; AMENDING SECTION CODE, TO REQUIRE THAT GENERAL CONTRACTORS 39-6003, IDAHO CODE, TO DELETE LANGUAGE DISCLOSE CERTAIN INFORMATION TO OWNERS AND REGARDING CONTRACTING FOR CERTAIN PROGRAMS, PURCHASERS OF RESIDENTIAL REAL PROPERTY; AND TO CHANGE THE TERM ACCOUNT TO FUND, TO PROVIDING AN EFFECTIVE DATE. PROVIDE FOR A REPORT ON THE EFFECTIVENESS OF ACTIVITIES OF THE CHILDREN'S TRUST FUND BOARD S 1378 IN FOSTERING THE PREVENTION OF CHILD ABUSE AND BY COMMERCE AND HUMAN RESOURCES NEGLECT, TO PROVIDE A CORRECT CODE REFERENCE COMMITTEE AND TO MAKE A TECHNICAL CORRECTION; AN ACT AMENDING SECTION 39-6005, IDAHO CODE, TO RELATING TO INVESTMENTS BY INSURERS; AMENDING CHANGE THE TERM ACCOUNT TO FUND; REPEALING SECTION 41-722, IDAHO CODE, TO DISTINGUISH SECTION 39-6006, IDAHO CODE; AMENDING SECTION BETWEEN MORTGAGE LOAN LIMITATION FOR 39-6007, IDAHO CODE, TO CHANGE THE TERM COMMERCIAL PROPERTY AND RESIDENTIAL ACCOUNT TO FUND AND TO DELETE LANGUAGE THAT PROPERTY AND TO MAKE TECHNICAL CORRECTIONS; THE ACCOUNT SHALL BE ABOLISHED; AMENDING AND AMENDING SECTION 41-728, IDAHO CODE, TO SECTION 39-6008, IDAHO CODE, TO CHANGE THE TERM PROVIDE INCLUSION OF REAL ESTATE SUBJECT TO A ACCOUNT TO FUND; AMENDING SECTION 63-3067A, PLAN OF DEVELOPMENT AS A POTENTIAL ASSET AND IDAHO CODE, TO CHANGE THE TERM ACCOUNT TO GOVERN THE QUALIFYING CONDITIONS AND TO MAKE FUND; AND AMENDING SECTION 63-3067B, IDAHO TECHNICAL CORRECTIONS. CODE, TO CHANGE THE TERM ACCOUNT TO FUND.

S 1379 S 1376, S 1377, S 1378, S 1379, S 1380, S 1381, and BY AGRICULTURAL AFFAIRS COMMITTEE S 1382 were introduced, read the first time at length, and referred AN ACT to the Judiciary and Rules Committee for printing. RELATING TO CARBON SEQUESTRATION; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 51, TITLE 22, IDAHO CODE, TO PROVIDE H 474, H 475, and H 486, by State Affairs Committee, were LEGISLATIVE INTENT, TO PROVIDE FOR THE introduced, read the first time at length, and referred to the State CREATION OF THE CARBON SEQUESTRATION Affairs Committee. ADVISORY COMMITTEE, TO PROVIDE FOR MEMBERSHIP AND COMPENSATION OF THE The Senate advanced to the Twelfth Order of Business. COMMITTEE AND TO PROVIDE THAT THE SOIL CONSERVATION COMMISSION SHALL PROVIDE Second Reading of Bills ADMINISTRATIVE ASSISTANCE, TO PROVIDE FOR POWERS AND DUTIES OF THE CARBON SEQUESTRATION ADVISORY COMMITTEE, TO PROVIDE H 401 and H 405, by Mr. Speaker, were read the second THAT THE CHAIRMAN OF THE SOIL CONSERVATION time at length and filed for third reading. COMMISSION SHALL PREPARE REPORTS, TO PROVIDE FOR POWERS AND DUTIES OF THE CHAIRMAN OF THE S 1357 and S 1358, by State Affairs Committee, were read SOIL CONSERVATION COMMISSION AND TO CREATE the second time at length and filed for third reading. THE CARBON SEQUESTRATION ASSESSMENT FUND. S 1336 and S 1337, by Health and Welfare Committee, were S 1380 read the second time at length and filed for third reading. BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO INSPECTION AND SUPPRESSION OF On request by Senator Risch, granted by unanimous consent, DISEASES AMONG LIVESTOCK; AMENDING CHAPTER 2, the Senate advanced to the Fifteenth Order of Business. TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-212A, IDAHO CODE, TO PROVIDE FOR Miscellaneous Business DEFICIENCY WARRANTS FOR DISEASE CONTROL. On motion by Senator Risch, seconded by Senator Stennett, S 1381 by voice vote the Senate adjourned at 12:20 p.m. until the hour BY AGRICULTURAL AFFAIRS COMMITTEE of 10:30 a.m., Thursday, February 7, 2002. AN ACT RELATING TO FERTILIZERS; AMENDING CHAPTER 6, TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW JACK RIGGS, President SECTION 22-607A, IDAHO CODE, TO PROVIDE FOR EDUCATIONAL INFORMATION LABELING FOR Attest: JEANNINE WOOD, Secretary FERTILIZERS. ______S 1382 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO THE CHILDREN'S TRUST FUND; THIRTY-SECOND LEGISLATIVE DAY AMENDING THE CHAPTER HEADING OF CHAPTER 60, THURSDAY, FEBRUARY 7, 2002 TITLE 39, IDAHO CODE; AMENDING SECTION 39-6001, IDAHO CODE, TO CHANGE THE TERM ACCOUNT TO Senate Chamber FUND; AMENDING SECTION 39-6002, IDAHO CODE, TO CHANGE THE TERM ACCOUNT TO FUND AND TO MAKE President Riggs called the Senate to order at 10:30 a.m. 84 SENATE JOURNAL February 7, 2002]

Roll call showed all members present except Senators hired them to transport the baggage of his party over the Andreason, Cameron, Deide, Hawkins, King-Barrutia, Little, and mountains to the camp of the Lemhi Shoshone, the Homeland of Schroeder, absent and excused. Sacajawea; and while at their encampment on the eastern side of the Continental Divide, Sacajawea was reunited with her brother, Prayer was offered by Chaplain C. Leon Johnson. Chief Cameahwait, and her people from whom she was stolen by the Minnetares a few years earlier; and The Senate advanced to the Third Order of Business. WHEREAS, the Lemhi Shoshone provided the Corps of Discovery with food and horses and a guide, Old Toby, for their Reading and Correction of the Journal land trip westward to the Clearwater River; and WHEREAS, the expedition left Idaho at Lost Trail Pass and Senators Deide and Schroeder were recorded present at this entered present-day Montana on September 4, 1805, reentering order of business. Idaho at Lolo Pass on September 13, 1805, and beginning an arduous trip across the Bitterroots by way of the Lolo Trail; and The JUDICIARY AND RULES Committee reports that the WHEREAS, Captain William Clark, in advance of the main Senate Journal of the proceedings of February 6, 2002, was read party, encountered a Nez Perce camp on the Weippe Prairie on and approved as corrected. September 20, 1805, and the Nez Perce graciously provided the nearly starving party with food and directions, and helped them DARRINGTON, Chairman construct canoes for the last part of their trip to the Pacific Ocean, and in addition agreed to take charge of their horses until There being no objection, the report was adopted and the expedition returned for them the following year; and ordered filed in the office of the Secretary of the Senate. WHEREAS, on their return trip, the Corps of Discovery reentered Idaho near Lewiston on May 5, 1806, and on May 13 On request by Senator Risch, granted by unanimous consent, established Camp Chopunnish or Long Camp near Kamiah, where the Senate advanced to the Fifth Order of Business. the party waited and interacted with the Nez Perce until weather permitted the opening of the Lolo Trail, and on June 29, 1806, Petitions, Resolutions, and Memorials the Corps of Discovery, with the aid of Nez Perce guides passed back through Lolo Pass on their way homeward. SCR 123 NOW, THEREFORE, BE IT RESOLVED by the members BY STATE AFFAIRS COMMITTEE of the Second Regular Session of the Fifty-sixth Idaho A CONCURRENT RESOLUTION Legislature, the Senate and the House of Representatives STATING FINDINGS OF THE LEGISLATURE AND concurring therein, that we recognize and honor the contributions RECOGNIZING THE SERVICE AND ACCOMPLISHMENTS of Meriwether Lewis and William Clark for their leadership of OF MERIWETHER LEWIS AND WILLIAM CLARK. the first exploration of what is now known as Idaho commissioned by the United States of America, and the hospitality and Be It Resolved by the Legislature of the State of Idaho: contributions of the Lemhi Shoshone and Nez Perce, and we further recognize the upcoming Bicentennial Anniversary of their WHEREAS, President Thomas Jefferson received the expedition into Idaho and the Pacific Northwest. approval of Congress on February 28, 1803, to fund an expedition into the West with orders to explore the Missouri SCR 123 was introduced, read at length, and referred to the River and such tributaries as might lead to the Pacific Ocean on Judiciary and Rules Committee for printing. the most direct and practicable water route for purposes of commerce, in addition to which, the expedition was to gather The Senate advanced to the Sixth Order of Business. scientific and geographical information, and to encourage peace among any Indian Nations encountered; and Reports of Standing Committees WHEREAS, Meriwether Lewis, Captain of the First Regiment of Infantry, and former Secretary to President Senator Andreason was recorded present at this order of Jefferson, was appointed to lead the expedition, and he selected, business. with the approval of the President, William Clark to serve equally as a Captain in a leadership role; and February 7, 2002 WHEREAS, the Corps of Discovery party spent the winter of 1803-1804 at Camp Dubois and the winter of 1804-1805 at The JUDICIARY AND RULES Committee reports that Camp Mandan preparing for the journey into previously S 1376, S 1377, S 1378, S 1379, S 1380, S 1381, S 1382, and uncharted western lands, at the latter camp hiring Toussaint SCR 122 have been correctly printed. Charbonneau as an interpreter traveling with his wife, Sacajawea, a Lemhi Shoshone and their newborn son, Jean Baptiste; and DARRINGTON, Chairman WHEREAS, on April 7, 1805, the Corps of Discovery, consisting of thirty-one men, one woman and her child, and S 1376 was referred to the Resources and Environment Seaman, the faithful Newfoundland dog of Captain Lewis, set out Committee. from Camp Mandan for the Pacific Ocean; and WHEREAS, on August 12, 1805, Captain Lewis stood on S 1377 and S 1378 were referred to the Commerce and Lemhi Pass and, looking westward, discovered immense Human Resources Committee. mountains partially covered with snow and realized that a water passage to the Pacific Ocean was impossible; the following day, S 1379, S 1380, and S 1381 were referred to the Lewis made a peaceful contact with the Lemhi Shoshone and Agricultural Affairs Committee. [February 7, 2002 SENATE JOURNAL 85

S 1382 was referred to the Health and Welfare Committee. H 440, H 441, H 442, H 455, and H 471 were filed for second reading. On request by Senator Noh, granted by unanimous consent, SCR 122 was referred to the Resources and Environment February 6, 2002 Committee. The LOCAL GOVERNMENT AND TAXATION February 6, 2002 Committee reports out H 439 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. The JUDICIARY AND RULES Committee reports that Enrolled S 1311 was delivered to the Office of the Governor at THORNE, Chairman 2:35 p.m., February 6, 2002. There being no objection, H 439 was referred to the DARRINGTON, Chairman Fourteenth Order of Business, General Calendar.

The report was ordered filed in the office of the Secretary of On request by Senator Risch, granted by unanimous consent, the Senate. the Senate advanced to the Ninth Order of Business.

February 6, 2002 Messages from the House

The JUDICIARY AND RULES Committee reports out Senators Cameron and Hawkins were recorded present at S 1332 with the recommendation that it do pass. this order of business.

DARRINGTON, Chairman February 6, 2002

S 1332 was filed for second reading. Mr. President:

February 6, 2002 I transmit herewith HCR 46, H 488, H 422, as amended, H 388, as amended, H 469, as amended, and H 480 which have The JUDICIARY AND RULES Committee reports out passed the House. S 1325 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. JUKER, Chief Clerk

DARRINGTON, Chairman HCR 46, H 488, H 422, as amended, H 388, as amended, H 469, as amended, and H 480 were filed for first reading. There being no objection, S 1325 was referred to the Fourteenth Order of Business, General Calendar. The Senate advanced to the Tenth Order of Business.

February 6, 2002 Motions and Resolutions

The STATE AFFAIRS Committee reports out H 430 with Senator King-Barrutia was recorded present at this order of the recommendation that it do pass. business.

SORENSEN, Chairman The President announced the Transportation Committee report, relative to the Gubernatorial appointments of John X. H 430 was filed for second reading. Combo and Rodger Lee Sorensen, was before the Senate for final consideration, the question being, “Shall the report be adopted?” February 6, 2002 On motion by Senator Davis, seconded by Senator Marley, The STATE AFFAIRS Committee reports out S 1356 with the Gubernatorial appointment of John X. Combo as a member of the recommendation that it be referred to the Fourteenth Order of the Idaho Transportation Board was confirmed by voice vote. Business for amendment. On motion by President Pro Tempore Geddes, seconded by SORENSEN, Chairman Senator Marley, the Gubernatorial appointment of Rodger Lee Sorensen as a member of the Idaho Aeronautics Advisory Board There being no objection, S 1356 was referred to the was confirmed by voice vote. Fourteenth Order of Business, General Calendar. The President declared the report adopted and directed the February 6, 2002 Secretary of the Senate to prepare letters of the Gubernatorial appointment confirmations for his signature, attested to by the The LOCAL GOVERNMENT AND TAXATION Committee reports out H 440, H 441, H 442, H 455, and H 471 Secretary, to be transmitted to the Governor informing him of the with the recommendation that they do pass. action of the Senate.

THORNE, Chairman The Senate advanced to the Eleventh Order of Business. 86 SENATE JOURNAL February 7, 2002]

Introduction, First Reading, and Reference of Bills, ALTERATIONS OR IMPROVEMENTS ON HIS LAND, House Petitions, Resolutions, and Memorials EVERY PERSON PERFORMING LABOR UPON, OR FURNISHING MATERIALS TO BE USED IN THE Senator Little was recorded present at this order of business. CONSTRUCTION, ALTERATION OR REPAIR OF SUCH STRUCTURE OR ANY PERSON WHO PROVIDES S 1383 PROFESSIONAL SERVICES HAS A LIEN UPON THE BY EDUCATION COMMITTEE PROPERTY FOR THE WORK OR LABOR DONE OR AN ACT PROFESSIONAL SERVICES OR MATERIALS FURNISHED RELATING TO CHARTER SCHOOLS; AMENDING FOR THE CONSTRUCTION, ALTERATIONS OR SECTION 33-5204, IDAHO CODE, TO CLARIFY IMPROVEMENTS REGARDLESS OF THE PERSON'S APPLICATION OF LAW TO CHARTER SCHOOLS AND CONTRACTUAL RELATIONSHIP TO THE OWNER; AND THE BOARD OF DIRECTORS OF A CHARTER SCHOOL. DECLARING AN EMERGENCY.

S 1384 S 1388 BY EDUCATION COMMITTEE BY JUDICIARY AND RULES COMMITTEE AN ACT AN ACT RELATING TO COMMUNITY COLLEGE TUITION; RELATING TO THE ADMISSION TO THE PRACTICE OF AMENDING SECTION 33-2110, IDAHO CODE, TO LAW; AMENDING SECTION 3-408, IDAHO CODE, TO PROVIDE THAT TUITION AT COMMUNITY COLLEGES PROVIDE FOR FINGERPRINT-BASED CRIMINAL MAY BE INCREASED BY INCREMENTS OF NOT MORE HISTORY CHECKS AND TO MAKE TECHNICAL THAN TEN PERCENT PER ANNUM TO A MAXIMUM CORRECTIONS. TUITION OF ONE THOUSAND TWO HUNDRED FIFTY DOLLARS PER ANNUM AND TO MAKE TECHNICAL S 1389 CORRECTIONS; AND DECLARING AN EMERGENCY. BY LOCAL GOVERNMENT AND TAXATION COMMITTEE S 1385 AN ACT BY JUDICIARY AND RULES COMMITTEE RELATING TO THE FISH AND GAME COMMISSION; AN ACT AMENDING SECTION 36-104, IDAHO CODE, TO RELATING TO TENANCY AT WILL; AMENDING SECTION AUTHORIZE THE FISH AND GAME COMMISSION TO 55-208, IDAHO CODE, TO PROVIDE FOR A TENANT'S ENTER INTO AGREEMENTS WITH CITIES, COUNTIES, TERMINATION OF A TENANCY AT WILL AND TO MAKE RECREATION DISTRICTS OR OTHER POLITICAL TECHNICAL CORRECTIONS. SUBDIVISIONS FOR THE LEASE OF LANDS OR WATERS TO COST-EFFECTIVELY PROVIDE RECREATIONAL S 1386 OPPORTUNITIES FOR TAXPAYERS OR RESIDENTS OF BY JUDICIARY AND RULES COMMITTEE THOSE LOCAL GOVERNMENTS OR POLITICAL AN ACT SUBDIVISIONS. RELATING TO LEGAL ACTIONS BY PRISONERS; AMENDING SECTION 31-3220A, IDAHO CODE, TO S 1390 DELETE REFERENCE TO THE DEFINITION OF BY LOCAL GOVERNMENT AND TAXATION "INDIGENT PRISONER," TO PROVIDE WHEN A COMMITTEE PRISONER WHO SEEKS TO FILE AN ACTION WITH AN ACT PARTIAL PAYMENT OF COURT FEES, THE PRISONER RELATING TO THE DEPARTMENT OF PARKS AND SHALL FILE AN AFFIDAVIT OF INABILITY TO PAY ALL RECREATION; AMENDING SECTION 67-4219, IDAHO COURT FEES AT THE TIME OF THE FILING OF THE CODE, TO PROVIDE ADDITIONAL LEGISLATIVE ACTION, TO PROVIDE INFORMATION CONTAINED IN INTENT; AMENDING SECTION 67-4223, IDAHO CODE, TO THE AFFIDAVIT, TO PROVIDE PROCEDURES, TO AUTHORIZE THE PARKS AND RECREATION BOARD TO PROVIDE FOR PAYMENT OF FEES, TO PROVIDE THAT EXPEND MONEYS FOR LEASING OF LANDS AND TO IN NO EVENT SHALL A PRISONER BE PROHIBITED AUTHORIZE THE BOARD TO COOPERATE WITH THE FROM BRINGING AN ACTION FOR THE REASON THAT UNITED STATES AND ITS AGENCIES AND LOCAL THE PRISONER HAS NO ASSETS AND NO MEANS BY GOVERNMENTS OF THE STATE FOR THE PURPOSE OF WHICH TO PAY THE INITIAL PARTIAL FILING FEE, TO LEASING LANDS WHICH ARE DESIGNATED AS EITHER PROVIDE THAT THIS ACT SHALL NOT BE INTERPRETED STATE PARKS, STATE MONUMENTS OR STATE TO CREATE A LIBERTY INTEREST FOR PRISONERS RECREATIONAL AREAS OR RECREATIONAL AREAS ENTITLING THEM TO DUE PROCESS PROTECTION DEVELOPED AND MANAGED JOINTLY BY THE UNDER THE IDAHO CONSTITUTION OR THE UNITED DEPARTMENT OF PARKS AND RECREATION AND A STATES CONSTITUTION AND TO MAKE A TECHNICAL POLITICAL SUBDIVISION OF THIS STATE, TO CORRECTION. AUTHORIZE THE BOARD TO ENTER INTO LEASES OR AGREEMENTS WITH LOCAL GOVERNMENTS FOR THE S 1387 OPERATION AND MAINTENANCE OF OUTDOOR BY JUDICIARY AND RULES COMMITTEE RECREATIONAL AREAS AND FACILITIES OF THE AN ACT STATE, TO ALLOW THE BOARD TO APPLY TO AN RELATING TO LIENS; AMENDING SECTION 45-501, APPROPRIATE AGENCY OR OFFICER OF THE UNITED IDAHO CODE, TO PROVIDE THAT WHEN AN OWNER OF STATES FOR PARTICIPATION BY THE DEPARTMENT OF LAND HAS AUTHORIZED CONSTRUCTION, PARKS AND RECREATION OR A POLITICAL [February 7, 2002 SENATE JOURNAL 87

SUBDIVISION OF THE STATE FOR FEDERAL AID, AND HCR 46, by State Affairs Committee, was introduced, read TO AUTHORIZE THE BOARD TO ENTER INTO at length, and referred to the State Affairs Committee. AGREEMENTS WITH CITIES, COUNTIES, RECREATION DISTRICTS OR OTHER POLITICAL SUBDIVISIONS OF THE H 488, by Revenue and Taxation Committee, was STATE TO COST-EFFECTIVELY PROVIDE introduced, read the first time at length, and referred to the Local RECREATIONAL FACILITIES, OPPORTUNITIES AND Government and Taxation Committee. SERVICES TO THE CITIZENS OF THE STATE. H 422, as amended, and H 388, as amended, by Mr. S 1391 Speaker, were introduced, read the first time at length, and BY LOCAL GOVERNMENT AND TAXATION referred to the State Affairs Committee. COMMITTEE AN ACT H 469, as amended, by State Affairs Committee, was RELATING TO ANNEXATION BY MUNICIPAL introduced, read the first time at length, and referred to the State CORPORATIONS; REPEALING SECTION 50-222, IDAHO Affairs Committee. CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-222, IDAHO H 480, by Judiciary, Rules, and Administration Committee, CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE was introduced, read the first time at length, and referred to the GENERAL AUTHORITY, TO PROVIDE FOR Judiciary and Rules Committee. CLASSIFICATIONS OF LAND ANNEXATIONS, TO PROVIDE FOR EVIDENCE OF CONSENT TO The Senate advanced to the Twelfth Order of Business. ANNEXATION, TO PROVIDE FOR CERTAIN ANNEXATION PROCEDURES, TO PROVIDE JUDICIAL Second Reading of Bills REVIEW AND TO PROVIDE FOR ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING H 508, H 509, H 510, and H 511, by Appropriations SECTION 50-222A, IDAHO CODE; AMENDING SECTION Committee, were read the second time at length and filed for 55-2505, IDAHO CODE, TO PROVIDE AN EXCEPTION TO third reading. THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF NEWLY CONSTRUCTED RESIDENTIAL PROPERTY THAT H 426 and H 427, by Transportation and Defense PREVIOUSLY HAS NOT BEEN INHABITED AND TO MAKE Committee, were read the second time at length and filed for A TECHNICAL CORRECTION; AMENDING SECTION third reading. 55-2508, IDAHO CODE, TO PROVIDE THAT A SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE THREE The Senate advanced to the Thirteenth Order of Business. QUESTIONS RELATIVE TO NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY HAS Third Reading of Bills NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PROVIDE A DEMAND The President announced that Senator Darrington had PROCEDURE TO FACILITATE COMPLIANCE WITH LAW requested and received an excused absence for the remainder of FOR THOSE COUNTIES AND CITIES WHICH HAVE NOT this legislative day. ADOPTED REQUIRED ORDINANCES PROVIDING FOR THE IDENTIFICATION OF AN AREA OF CITY IMPACT S 1308 was read the third time at length, section by section, WITHIN THE UNINCORPORATED AREA OF THE COUNTY and placed before the Senate for final consideration. Senator King-Barrutia arose as sponsor of the bill and opened the debate. OR FOR APPLICATION OF PLANS AND ORDINANCES The question being, “Shall the bill pass?” FOR SUCH AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE TECHNICAL Roll call resulted as follows: CORRECTIONS. AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, S 1392 Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, BY STATE AFFAIRS COMMITTEE Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, AN ACT Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, RELATING TO TELECOMMUNICATIONS SERVICE; Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. AMENDING SECTION 56-904, IDAHO CODE, TO PROVIDE Total - 32. THAT CERTAIN SURCHARGES SHALL BE IMPOSED ONLY ON CUSTOMERS OF MOBILE TELE- NAYS--None. COMMUNICATIONS SERVICE WITH A PLACE OF PRIMARY USE IN IDAHO, TO PROVIDE THAT ALL Absent and excused--Brandt, Darrington, Hawkins. PROVISIONS OF THE FEDERAL MOBILE TELE- Total - 3. COMMUNICATIONS SOURCING ACT SHALL APPLY TO THE IMPOSITION OF SUCH SURCHARGES AND TO Total - 35. DEFINE TERMS; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION. Whereupon the President declared S 1308 passed, title was approved, and the bill ordered transmitted to the House. S 1383, S 1384, S 1385, S 1386, S 1387, S 1388, S 1389, S 1390, S 1391, and S 1392 were introduced, read the first time On request by Senator Davis, granted by unanimous consent, at length, and referred to the Judiciary and Rules Committee for S 1312 retained its place on the Third Reading Calendar for printing. Tuesday, February 12, 2002. 88 SENATE JOURNAL February 7, 2002]

S 1295 was read the third time at length, section by section, Acting Senator Bartlett and Senators Boatright, Cameron, and placed before the Senate for final consideration. Senator Frasure, Little, Noh, Sims, Stennett, and Williams were recorded Stegner arose as sponsor of the bill and opened the debate. The present at this order of business. question being, “Shall the bill pass?” S 1313 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Stegner arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Brandt, question being, “Shall the bill pass?” Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Roll call resulted as follows: Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. AYES--Bartlett (Branch), Boatright, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, NAYS--Schroeder. Total - 1. Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Absent and excused--Darrington, Frasure, Hawkins, Wheeler, Williams. Total - 28. King-Barrutia. Total - 4. NAYS--None. Total - 35. Absent and excused--Andreason, Brandt, Darrington, Whereupon the President declared S 1295 passed, title was Keough, King-Barrutia, Richardson, Schroeder. Total - 7. approved, and the bill ordered transmitted to the House. Total - 35. S 1324 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1313 passed, title was Goedde arose as sponsor of the bill and opened the debate. The approved, and the bill ordered transmitted to the House. question being, “Shall the bill pass?” Senator Schroeder was recorded present at this order of Roll call resulted as follows: business.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1314 was read the third time at length, section by section, Burtenshaw, Cameron, Davis, Deide, Dunklin, Geddes, Goedde, and placed before the Senate for final consideration. Senator Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Lodge arose as sponsor of the bill and opened the debate. The Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, question being, “Shall the bill pass?” Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31. Roll call resulted as follows:

NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Absent and excused--Bunderson, Darrington, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Hawkins. Total - 4. Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. Total - 35. NAYS--None. Whereupon the President declared S 1324 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused--Brandt, Darrington, Keough, King-Barrutia, Richardson. Total - 5. On motion by Senator Risch, seconded by Senator Noh, by voice vote the Senate recessed at 12:15 p.m. until the hour of Total - 35. 4 p.m. of this day. Whereupon the President declared S 1314 passed, title was RECESS approved, and the bill ordered transmitted to the House. AFTERNOON SESSION On request by Senator Davis, granted by unanimous consent, The Senate reconvened at 4 p.m., pursuant to recess, President Riggs presiding. S 1315 retained its place on the Third Reading Calendar for one legislative day. Roll call showed all members present except Senators Darrington, Keough, and King-Barrutia, absent and formally S 1316 was read the third time at length, section by section, excused by the Chair; Acting Senator Bartlett and Senators and placed before the Senate for final consideration. Senator Boatright, Cameron, Frasure, Little, Noh, Richardson, Schroeder, Sims, Stennett, and Williams, absent and excused. Dunklin arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Prior to recess the Senate was at the Thirteenth Order of Business, Third Reading of Bills. Roll call resulted as follows: [February 7, 2002 SENATE JOURNAL 89

AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Whereupon the President declared H 392 passed, title was Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, approved as corrected, and the bill ordered returned to the House. Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 400 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 30. and placed before the Senate for final consideration. Senator Wheeler arose as sponsor of the bill and opened the debate. The NAYS--None. question being, “Shall the bill pass?”

Absent and excused--Brandt, Darrington, Keough, Roll call resulted as follows: King-Barrutia, Richardson. Total - 5. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Whereupon the President declared S 1316 passed, title was Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, approved, and the bill ordered transmitted to the House. Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31.

S 1317 was read the third time at length, section by section, NAYS--None. and placed before the Senate for final consideration. Senator Davis arose as sponsor of the bill and opened the debate. The Absent and excused--Darrington, Keough, King-Barrutia, question being, “Shall the bill pass?” Richardson. Total - 4.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Whereupon the President declared H 400 passed, title was Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, approved, and the bill ordered returned to the House. Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 456 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 30. and placed before the Senate for final consideration. Senator Sandy arose as sponsor of the bill and opened the debate. The NAYS--None. question being, “Shall the bill pass?”

Absent and excused--Brandt, Darrington, Keough, Roll call resulted as follows: King-Barrutia, Richardson. Total - 5. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Whereupon the President declared S 1317 passed, title was Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, approved, and the bill ordered transmitted to the House. Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31.

On request by Senator Davis, granted by unanimous consent, NAYS--None. S 1329 retained its place on the Third Reading Calendar for one legislative day. Absent and excused--Darrington, Keough, King-Barrutia, Richardson. Total - 4. Senator Brandt was recorded present at this order of business. Total - 35.

H 392 was read the third time at length, section by section, Whereupon the President declared H 456 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Wheeler arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, all Senate bills were moved to the head of the Third Reading Roll call resulted as follows: Calendar.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, On request by Senator Risch, granted by unanimous consent, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, the Senate advanced to the Fifteenth Order of Business. Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Miscellaneous Business Thorne, Wheeler, Williams. Total - 29. On motion by Senator Risch, seconded by Senator Stennett, NAYS--None. by voice vote the Senate adjourned at 5:15 p.m. until the hour of 10:30 a.m., Friday, February 8, 2002. Absent and excused--Darrington, Geddes, Keough, King-Barrutia, Richardson, Stennett. Total - 6. JACK RIGGS, President

Total - 35. Attest: JEANNINE WOOD, Secretary 90 SENATE JOURNAL February 8, 2002]

______handicapped; advancing our education through our state schools and colleges; giving vital assistance to public libraries all over the state; keeping farmers informed on the latest agricultural THIRTY-THIRD LEGISLATIVE DAY developments and assisting them in marketing problems; working FRIDAY, FEBRUARY 8, 2002 with us to develop new products to preserve and boost the state's economy; bringing educational programs into our homes through television, radio and online programs; and Senate Chamber WHEREAS, the effectiveness and efficiency of government depends in large measure on public employees, whose task it is President Pro Tempore Geddes called the Senate to order at to provide a broad range of services of the quality and quantity 10:30 a.m. required and expected by the public on a daily basis; and WHEREAS, the importance of public service rendered by Roll call showed all members present except Senator public employees and the exemplary manner of their performance Darrington, absent and formally excused by the Chair; and are too often forgotten, ignored or underestimated; and Senators Andreason, Cameron, Hawkins, Keough, Schroeder, WHEREAS, the state of Idaho recognizes the dedication, and Stennett, absent and excused. talents and contributions made to the state by public employees in all levels of government and the Idaho Legislature finds it fitting Prayer was offered by Chaplain C. Leon Johnson. to set aside a special time to honor and thank these dedicated individuals who perform such a vital role in all our lives. The Senate advanced to the Third Order of Business. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho Reading and Correction of the Journal Legislature, the Senate and the House of Representatives concurring therein, that we proclaim the week of May 7 through Senators Andreason and Keough were recorded present at 11, 2002, as "IDAHO PUBLIC EMPLOYEE RECOGNITION this order of business. WEEK" in Idaho, asking the Governor, along with governors of other states across the nation to sign a proclamation on The JUDICIARY AND RULES Committee reports that the Wednesday, May 9, 2002, asking department heads of state Senate Journal of the proceedings of February 7, 2002, was read entities to give special recognition of their employees during that and approved as corrected. week and urging the citizens to give the proper recognition, support, commendation and thanks to these dedicated public STEGNER, Chairman servants who go the extra mile to help us attain a good quality of life. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. SCR 125 BY AGRICULTURAL AFFAIRS COMMITTEE On request by Senator Risch, granted by unanimous consent, A CONCURRENT RESOLUTION the Senate advanced to the Fifth Order of Business. STATING LEGISLATIVE FINDINGS AND APPROVING AND EXTENDING TEMPORARY RULES OF THE IDAHO Petitions, Resolutions, and Memorials DEPARTMENT OF AGRICULTURE, WITH EXCEPTIONS.

Senator Stennett was recorded present at this order of Be It Resolved by the Legislature of the State of Idaho: business. WHEREAS, the Legislature by statute must approve SCR 124 temporary rules by adoption of a concurrent resolution approving BY COMMERCE AND HUMAN RESOURCES the rule if the temporary rule is to remain in effect beyond the end COMMITTEE of the current legislative session; and A CONCURRENT RESOLUTION WHEREAS, the expiration of temporary rules would STATING FINDINGS OF THE LEGISLATURE occasion additional expense to state agencies in readopting and CONCERNING THE DEDICATED CORPS OF STATE republishing temporary rules needed to conduct state business; EMPLOYEES AND DESIGNATING MAY 7 THROUGH 11 and AS IDAHO PUBLIC EMPLOYEE RECOGNITION WEEK. WHEREAS, the Legislature finds that it is in the public interest to adopt this resolution. Be It Resolved by the Legislature of the State of Idaho: NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho WHEREAS, in the name of service to the state of Idaho and Legislature, the Senate and the House of Representatives its citizens, public employees have, with their commitment to concurring therein, that IDAPA 02.06.16, rules of the Idaho excellence and diversity of skills, made great contributions to this Department of Agriculture relating to crop residue disposal, society in areas such as: keeping our highways open in the winter and in tip-top shape throughout the year; providing the highest adopted as temporary rules under Docket Number 02-0616-0101, caliber of statewide police protection; maintaining our parks and pursuant to the Administrative Procedure Act and submitted to the forests; helping us cope with emergencies; helping us guard Legislature at the Legislature's request through the Office of against contagious disease; protecting our air and land against Rules Coordinator for review during the 2002 legislative session, pollution; furnishing guidance to the youthful and the elderly; be, and the same are approved, with the exception of the providing essential training to the deaf, the blind and the following enumerated temporary rules sections: [February 8, 2002 SENATE JOURNAL 91

IDAPA 02.06.16, Section 100.03, concerning deadlines for S 1385, S 1386, S 1387, and S 1388 were referred to the registration; IDAPA 02.06.16, Section 300, Subsections 01 and Judiciary and Rules Committee. 02, concerning crop residue burning time frames; and IDAPA 02.06.16, Section 500, Subsections 04 and 05, concerning S 1389 and S 1390 were referred to the Resources and setbacks from structures and adequate fire suppression equipment. Environment Committee. BE IT FURTHER RESOLVED that the portions of the temporary rule approved by this concurrent resolution shall S 1391 was referred to the Local Government and Taxation remain in effect until they expire by their own terms or by Committee. operation of law or until they are replaced by a final rule, but in no event shall the rules remain in effect beyond the conclusion of S 1392 was referred to the State Affairs Committee. the First Regular Session of the Fifty-seventh Idaho Legislature unless further extended by adoption of a concurrent resolution by SCR 123 was referred to the Tenth Order of Business, both houses of the Legislature. Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. SCR 126 BY AGRICULTURAL AFFAIRS COMMITTEE February 7, 2002 A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND The EDUCATION Committee reports out S 1304 with the REJECTING CERTAIN RULES OF THE IDAHO recommendation that it do pass. DEPARTMENT OF AGRICULTURE RELATING TO GOVERNING ANIMAL INDUSTRY. SCHROEDER, Chairman

Be It Resolved by the Legislature of the State of Idaho: S 1304 was filed for second reading.

WHEREAS, the Legislature is vested with authority to reject February 7, 2002 executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules The HEALTH AND WELFARE Committee reports out are not consistent with legislative intent; and H 489 with the recommendation that it do pass. WHEREAS, it is the finding of the Legislature that certain rules of the Idaho Department of Agriculture relating to IPSEN, Chairman governing animal industry are not consistent with legislative intent and should be rejected. H 489 was filed for second reading. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho February 7, 2002 Legislature, the Senate and the House of Representatives concurring therein, that IDAPA 02.04.03, Section 388, The TRANSPORTATION Committee reports out S 1359 subsection 04.b, concerning duration of quarantine and IDAPA and S 1361 with the recommendation that they do pass. 02.04.03, Section 405, subsection 01, concerning penalty for violations, rules of the Idaho Department of Agriculture relating FRASURE, Chairman to governing animal industry, adopted as pending rules under Docket Number 02-0403-0001, be, and the same are hereby S 1359 and S 1361 were filed for second reading. rejected and declared null, void and of no force and effect. On request by Senator Risch, granted by unanimous consent, SCR 124, SCR 125, and SCR 126 were introduced, read at the Senate advanced to the Eighth Order of Business. length, and referred to the Judiciary and Rules Committee for printing. Messages from the Governor

The Senate advanced to the Sixth Order of Business. February 7, 2002

Reports of Standing Committees The Honorable Jack Riggs President of the Senate Senators Hawkins and Schroeder were recorded present at Idaho Legislature this order of business. Dear Mr. President: February 8, 2002 I have the honor to inform you that I have signed today and The JUDICIARY AND RULES Committee reports that am transmitting to the Secretary of State the following Senate S 1383, S 1384, S 1385, S 1386, S 1387, S 1388, S 1389, Bill, to wit: S 1390, S 1391, S 1392, and SCR 123 have been correctly printed. S 1311 STEGNER, Vice Chairman Sincerely, S 1383 and S 1384 were referred to the Education /s/ Dirk Kempthorne Committee. Governor 92 SENATE JOURNAL February 8, 2002]

The correspondence was ordered filed in the office of the THE ADDITION OF A NEW SECTION 49-1637, IDAHO Secretary of the Senate. CODE, TO SET FORTH EDUCATION REQUIREMENTS FOR VEHICLE DEALERS, TO PROVIDE EXEMPTIONS, TO The Senate advanced to the Ninth Order of Business. PROVIDE FOR THE DEVELOPMENT OF CONTINUING EDUCATION PROGRAMS AND EXAMINATIONS, TO Messages from the House PROVIDE THAT CERTAIN INSTITUTIONS, SCHOOLS AND ASSOCIATIONS MAY PROVIDE APPROVED CONTINUING February 7, 2002 EDUCATION PROGRAMS AND TO PROVIDE FOR RULES PROMULGATED BY THE DEPARTMENT. Mr. President: S 1396 I transmit herewith H 525 which has passed the House. BY TRANSPORTATION COMMITTEE AN ACT JUKER, Chief Clerk RELATING TO ABANDONED MOTOR VEHICLES; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-3201F, IDAHO H 525 was filed for first reading. CODE, TO ESTABLISH AN ABANDONED VEHICLE FEE; AMENDING SECTION 49-526, IDAHO CODE, TO PROVIDE On request by Senator Risch, granted by unanimous consent, THAT FILING A RELEASE OF LIABILITY STATEMENT the Senate advanced to the Eleventh Order of Business. RELEASES THE FORMER OWNER OF A VEHICLE FROM LIABILITY FOR ANY MOTOR VEHICLE INFRACTIONS Introduction, First Reading, and Reference of Bills, THAT OCCUR SUBSEQUENT TO DELIVERY OF THE House Petitions, Resolutions, and Memorials VEHICLE TO A DEALER, PURCHASER OR OTHER TRANSFEREE; AMENDING SECTION 49-1802, IDAHO CODE, TO REVISE THE CONDITIONS WHICH S 1393 CONSTITUTE PRESUMPTION REGARDING BY HEALTH AND WELFARE COMMITTEE ABANDONMENT OF A VEHICLE, TO PROVIDE AN ACT PRESUMPTION OF LIABILITY OF THE LAST REGISTERED RELATING TO PROPRIETARY SCHOOLS; AMENDING OWNER FOR A VEHICLE REMOVED UNDER SECTION 33-2402, IDAHO CODE, TO EXEMPT FROM THE EXTRAORDINARY CIRCUMSTANCES AND TO PROVIDE DEFINITION OF "PROPRIETARY SCHOOL," A AN EXCEPTION; AMENDING SECTION 49-1812, IDAHO NONPROFIT INSTITUTION OWNED, CONTROLLED, AND CODE, TO PROVIDE FOR THE CLAIMING OF A VEHICLE BY AN OWNER OR A LIENHOLDER OF A VEHICLE OPERATED AND MAINTAINED BY A BONA FIDE REMOVED UNDER EXTRAORDINARY CIRCUMSTANCES CHURCH, RELIGIOUS DENOMINATION OR RELIGIOUS AND TO MAKE TECHNICAL CORRECTIONS; AND ORGANIZATION COMPRISED OF MULTI- AMENDING SECTION 49-1818, IDAHO CODE, TO DENOMINATIONAL MEMBERS OF THE SAME PROVIDE FOR DEPOSIT OF THE ABANDONED VEHICLE WELL-RECOGNIZED RELIGION, LAWFULLY OPERATING FEE TO THE ABANDONED VEHICLE TRUST ACCOUNT, AS A NONPROFIT CORPORATION IN THIS STATE, IF TO PROVIDE FOR CLAIMING A PORTION OF THE CERTAIN FACTORS OCCUR. EXCESS PROCEEDS FROM THE SALE OF AN ABANDONED VEHICLE, AND TO PROVIDE FOR S 1394 DISTRIBUTION OF THE ABANDONED VEHICLE FEE BY HEALTH AND WELFARE COMMITTEE FROM THE ABANDONED VEHICLE TRUST ACCOUNT TO AN ACT LAW ENFORCEMENT, TOW COMPANIES AND THE RELATING TO WASTE TIRE DISPOSAL; AMENDING DEPARTMENT. CHAPTER 65, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-6502, IDAHO CODE, S 1397 TO PROVIDE FOR A FEE FOR NEW MOTOR VEHICLE BY TRANSPORTATION COMMITTEE TIRE SALES, TO PROVIDE FOR THE DISTRIBUTION AND AN ACT EXPENDITURE OF FEE RECEIPTS, TO PROVIDE FOR RELATING TO RESTRICTIONS AS TO TIRE EQUIPMENT; ACCEPTANCE OF WASTE TIRES BY SELLERS, TO AMENDING SECTION 49-948, IDAHO CODE, TO PROHIBIT PROVIDE FOR NOTICE OF DISPOSAL REQUIREMENTS, THE USE OF STUDDED TIRES BETWEEN SPECIFIED TO PROVIDE FOR FEE CREDITS AND TO LIMIT DATES AND TO PROVIDE EXCEPTIONS, TO ESTABLISH APPLICATION OF THE SECTION; AND AMENDING WEIGHT AND PROTRUSION STANDARDS FOR STUDS IN SECTION 39-6504, IDAHO CODE, TO PROVIDE FOR THE TIRES AND TO PROHIBIT CERTAIN TRADE PRACTICES. DISPOSAL OF WHOLE TIRES AND TO PROVIDE THAT CHIPPED OR SHREDDED WASTE TIRES MAY BE S 1398 DISPOSED OF IN PERMITTED MUNICIPAL SOLID WASTE LANDFILLS IF CHIPPED OR SHREDDED IN BY TRANSPORTATION COMMITTEE ACCORDANCE WITH RULES OF THE DEPARTMENT OF AN ACT ENVIRONMENTAL QUALITY. RELATING TO PUBLICATION OF NOTICE FOR HIGHWAY DISTRICTS; AMENDING SECTION 40-907, IDAHO CODE, S 1395 TO PROVIDE THAT AN ADVERTISEMENT INVITING BIDS BY TRANSPORTATION COMMITTEE SHALL BE PUBLISHED AT LEAST TWICE, EITHER NOT AN ACT LESS THAN ONE WEEK APART, OR IN FIVE DAILY RELATING TO LICENSING OF VEHICLE DEALERS; ISSUES IN A NEWSPAPER OF GENERAL CIRCULATION AMENDING SECTION 49-1602, IDAHO CODE, TO PROVIDE CONTINUING EDUCATION REQUIREMENTS PRINTED AND PUBLISHED IN THE COUNTY OR, IF FOR LICENSURE OF VEHICLE DEALERS; AND THERE IS NONE, IN A NEWSPAPER HAVING GENERAL AMENDING CHAPTER 16, TITLE 49, IDAHO CODE, BY CIRCULATION IN THE DISTRICT. [February 8, 2002 SENATE JOURNAL 93

S 1399 S 1404 BY TRANSPORTATION COMMITTEE BY COMMERCE AND HUMAN RESOURCES AN ACT COMMITTEE RELATING TO HIGHWAYS AND BRIDGES; AMENDING AN ACT SECTION 40-106, IDAHO CODE, TO REVISE THE RELATING TO THE STATE BOARD OF EXAMINERS; DEFINITION OF "EXPENDITURE." AMENDING SECTION 67-2028, IDAHO CODE, TO PROVIDE FOR THE PAYMENT OF DEATH BENEFITS TO S 1400 FAMILY MEMBERS OF IDAHO RESIDENTS WHO ARE BY TRANSPORTATION COMMITTEE PUBLIC SAFETY OFFICERS KILLED IN THE AN ACT PERFORMANCE OF DUTY, TO CLARIFY WHICH RELATING TO HIGHWAY COMMISSIONERS; AMENDING INJURIES ARE COVERED, TO REMOVE LANGUAGE SECTION 40-1305, IDAHO CODE, TO PROVIDE FOR PROVIDING FOR THE POSTPONEMENT OF PAYMENTS ALTERNATIVE ELECTIONS AND TERMS OF OFFICE FOR PENDING AN OFFICIAL REPORT, TO PROVIDE HIGHWAY DISTRICT COMMISSIONERS. REFERENCES TO "PUBLIC SAFETY OFFICER," TO MAKE GRAMMATICAL CHANGES, TO REMOVE LANGUAGE S 1401 REFERRING TO CERTIFIED PEACE OFFICERS, TO BY TRANSPORTATION COMMITTEE REVISE LANGUAGE PROVIDING FOR PAYMENTS TO AN ACT DEPENDENT CHILDREN WHO ARE UNDER A CERTAIN RELATING TO EMINENT DOMAIN PROCEEDINGS; AGE, TO REMOVE A DATE REFERENCE, TO PROVIDE A AMENDING SECTION 7-711, IDAHO CODE, TO REVISE CODE REFERENCE AND TO MAKE A TECHNICAL PROCEDURES AND TIME FRAMES FOR ASSESSMENT OF CORRECTION. DAMAGES IN EMINENT DOMAIN PROCEEDINGS, TO PROVIDE THAT BUSINESS RECORDS IN EMINENT S 1405 DOMAIN PROCEEDINGS ARE CONFIDENTIAL AND TO BY COMMERCE AND HUMAN RESOURCES MAKE TECHNICAL CORRECTIONS; AND AMENDING COMMITTEE SECTION 9-337, IDAHO CODE, TO PROVIDE THAT A AN ACT PUBLIC RECORD SHALL NOT INCLUDE A BUSINESS RELATING TO PUBLIC SAFETY OFFICER DEATH RECORD PURSUANT TO SECTION 7-711, IDAHO CODE, BENEFITS; REPEALING SECTION 67-2028, IDAHO CODE; AND TO MAKE TECHNICAL CORRECTIONS. AND AMENDING CHAPTER 13, TITLE 59, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 59-1361A, IDAHO S 1402 CODE, TO PROVIDE FOR A DEATH BENEFIT PAYABLE BY COMMERCE AND HUMAN RESOURCES TO SPOUSES AND DEPENDENT CHILDREN OF CERTAIN COMMITTEE PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF AN ACT DUTY, TO PROVIDE THAT APPLICATIONS FOR RELATING TO MOTOR VEHICLE SERVICE CONTRACTS; BENEFITS SHALL BE MADE TO THE RETIREMENT AMENDING SECTION 49-2803, IDAHO CODE, TO BOARD, TO PROVIDE THAT BENEFITS SHALL BE REMOVE THE DIRECTOR OF THE DEPARTMENT OF PAYABLE ONLY UPON THE ESTABLISHMENT OF INSURANCE FROM THE LIST OF PERSONS WHO ARE CERTAIN CONDITIONS, TO DEFINE TERMS, TO REQUIRED TO RECEIVE ADVANCE NOTICE OF PROVIDE THAT BENEFITS PAYABLE SHALL NOT BE CANCELLATION OF A SERVICE CONTRACT LIABILITY DEPENDENT ON YEARS OF SERVICE OR AGE AND TO INSURANCE POLICY; AMENDING SECTION 49-2807, PROVIDE THAT BENEFITS PAYABLE SHALL NOT BE IDAHO CODE, TO DELETE THE REQUIREMENT FOR SUBJECT TO STATE INCOME TAXES. REVIEW OF CERTAIN EXAMINATIONS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; S 1406 REPEALING SECTION 49-2808, IDAHO CODE; AND BY COMMERCE AND HUMAN RESOURCES AMENDING SECTION 49-2809, IDAHO CODE, TO COMMITTEE PROVIDE THAT PERSONS MARKETING, SELLING OR AN ACT OFFERING TO SELL MOTOR VEHICLE SERVICE RELATING TO MORTGAGE GUARANTY INSURANCE; CONTRACTS FOR MOTOR VEHICLE SERVICE AMENDING SECTION 41-2651, IDAHO CODE, TO REVISE CONTRACT PROVIDERS AND MOTOR VEHICLE SERVICE THE DEFINITION OF "AUTHORIZED REAL PROPERTY CONTRACT PROVIDERS ARE EXEMPT FROM THE SECURITY." LICENSING REQUIREMENTS OF CHAPTER 10, TITLE 41, IDAHO CODE. S 1407 BY COMMERCE AND HUMAN RESOURCES S 1403 COMMITTEE BY COMMERCE AND HUMAN RESOURCES AN ACT COMMITTEE RELATING TO COMMERCIAL TRANSACTIONS; AN ACT AMENDING SECTION 28-41-201, IDAHO CODE, TO RELATING TO PUBLIC EMPLOYEE RETIREMENT REVISE THE LIST OF ACTIVITIES THAT CONSTITUTE A BENEFITS; AMENDING SECTION 67-5339, IDAHO CODE, SALE, LOAN, OR MODIFICATION OF A SALE OR LOAN TO PROVIDE FOR A GRADUATED INCREASE IN THE FOR PURPOSES OF APPLICATION OF CHAPTER 41, AMOUNT OF UNUSED SICK LEAVE AVAILABLE FOR TITLE 28, IDAHO CODE, AND TO MAKE A TECHNICAL APPLICATION BY A RETIREE TOWARD HEALTH CORRECTION; AMENDING SECTION 28-41-302, IDAHO INSURANCE COSTS. CODE, TO REVISE A DEFINITION; AMENDING SECTION 94 SENATE JOURNAL February 8, 2002]

28-45-201, IDAHO CODE, TO PROVIDE A CORRECT CODE CONSUMER CREDIT TRANSACTIONS AND TO PROVIDE REFERENCE; AMENDING SECTION 28-46-108, IDAHO THAT PARTIES MAY CONTRACT FOR DELINQUENCY CODE, TO AUTHORIZE THE DIRECTOR OF THE CHARGES ON INSTALLMENTS OR SCHEDULED DEPARTMENT OF FINANCE TO ISSUE CERTAIN ORDERS PAYMENTS NOT PAID IN FULL WITHIN TEN DAYS WITH RESPECT TO UNCONSCIONABLE AGREEMENTS AFTER THE SCHEDULED DUE DATE. OR FRAUDULENT OR UNCONSCIONABLE CONDUCT; AMENDING SECTION 28-46-113, IDAHO CODE, TO S 1393, S 1394, S 1395, S 1396, S 1397, S 1398, S 1399, STRIKE A PROHIBITION AGAINST IMPOSITION OF S 1400, S 1401, S 1402, S 1403, S 1404, S 1405, S 1406, CERTAIN STATUTORY CIVIL PENALTIES IN REGARD TO S 1407, S 1408, S 1409, and S 1410 were introduced, read the UNCONSCIONABLE AGREEMENTS OR FRAUDULENT OR first time at length, and referred to the Judiciary and Rules UNCONSCIONABLE CONDUCT AND TO MAKE A Committee for printing. TECHNICAL CORRECTION; AMENDING THE HEADING TO CHAPTER 49, TITLE 28, IDAHO CODE; REPEALING H 525, by Agricultural Affairs Committee, was introduced, SECTION 28-49-101, IDAHO CODE; AMENDING CHAPTER read the first time at length, and referred to the Agricultural 49, TITLE 28, IDAHO CODE, BY THE ADDITION OF A Affairs Committee. NEW SECTION 28-49-101, IDAHO CODE, TO PROVIDE FOR THE RELATIONSHIP TO OTHER LAWS; AND The Senate advanced to the Twelfth Order of Business. REPEALING SECTIONS 28-49-102, 28-49-103, 28-49-104 AND 28-49-106, IDAHO CODE. Second Reading of Bills

S 1408 S 1332, by Judiciary and Rules Committee, was read the BY COMMERCE AND HUMAN RESOURCES second time at length and filed for third reading. COMMITTEE AN ACT H 430, by State Affairs Committee, was read the second RELATING TO INSURANCE CONTRACTS; AMENDING time at length and filed for third reading. CHAPTER 18, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1843, IDAHO CODE, H 440, H 441, H 442, H 455, and H 471, by Revenue and TO PROVIDE THAT NO INSURER REGULATED Taxation Committee, were read the second time at length and PURSUANT TO TITLE 41, IDAHO CODE, SHALL CHARGE filed for third reading. A HIGHER PREMIUM THAN WOULD OTHERWISE BE CHARGED, OR CANCEL, NONRENEW OR DECLINE TO The Senate advanced to the Thirteenth Order of Business. ISSUE A PROPERTY OR CASUALTY POLICY OR COVERAGE BASED PRIMARILY UPON AN INDIVIDUAL'S Third Reading of Bills CREDIT RATING OR CREDIT HISTORY, TO DEFINE "BASED PRIMARILY" AND TO LIMIT APPLICATION TO S 1315, having been held, was read the third time at length, ONLY PROPERTY OR CASUALTY INSURANCE TO BE section by section, and placed before the Senate for final USED PRIMARILY FOR PERSONAL, FAMILY OR consideration. Senator Richardson arose as sponsor of the bill HOUSEHOLD PURPOSES; AND PROVIDING AN and opened the debate. The question being, “Shall the bill pass?” EFFECTIVE DATE. Roll call resulted as follows: S 1409 BY AGRICULTURAL AFFAIRS COMMITTEE AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AN ACT Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, RELATING TO THE PURE SEED LAW; AMENDING Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, SECTION 22-416, IDAHO CODE, TO PROHIBIT THE SALE King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, OR DELIVERY WITHIN IDAHO OF GENETICALLY Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, MODIFIED ALFALFA SEED, TO PROHIBIT THE Wheeler, Williams. Total - 33. PLANTING OF SUCH SEED FOR ONE YEAR, TO PROVIDE AN EXCEPTION, TO PROVIDE THAT THE DIRECTOR OF NAYS--None. THE DEPARTMENT OF AGRICULTURE SHALL APPROVE DESIGNATED RESEARCH PLOTS, TO DEFINE Absent and excused--Darrington, Hawkins. Total - 2. "GENETICALLY MODIFIED" AND TO MAKE TECHNICAL CORRECTIONS. Total - 35.

S 1410 Whereupon the President Pro Tempore declared S 1315 BY COMMERCE AND HUMAN RESOURCES passed, title was approved, and the bill ordered transmitted to the COMMITTEE House. AN ACT RELATING TO FINANCE CHARGES; AMENDING S 1329, having been held, was read the third time at length, SECTION 28-42-301, IDAHO CODE, TO INCREASE THE section by section, and placed before the Senate for final MAXIMUM AMOUNT OF CERTAIN CHARGES ALLOWED consideration. Senator King-Barrutia arose as sponsor of the bill IN PRECOMPUTED CONSUMER CREDIT TRANSACTIONS, and opened the debate. The question being, “Shall the bill pass?” CONSUMER LOANS SECURED BY SECURITY INTERESTS IN REAL PROPERTY AND ALL OTHER REGULATED Roll call resulted as follows: [February 8, 2002 SENATE JOURNAL 95

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared S 1358 Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, passed, title was approved, and the bill ordered transmitted to the Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, House. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, On request by Senator Ipsen, granted by unanimous consent, Wheeler, Williams. Total - 33. S 1336 was referred to the Fourteenth Order of Business, General Calendar. NAYS--None. S 1337 was read the third time at length, section by section, Absent and excused--Darrington, Hawkins. Total - 2. and placed before the Senate for final consideration. Senator Wheeler arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?”

Whereupon the President Pro Tempore declared S 1329 Roll call resulted as follows: passed, title was approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, On request by Senator Sandy, granted by unanimous consent, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, S 1327 retained its place on the Third Reading Calendar for one Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, legislative day. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. S 1357 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--None. Richardson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Darrington. Total - 1.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Whereupon the President Pro Tempore declared S 1337 Burtenshaw, Cameron, Davis, Deide, Dunklin, Keough, passed, title was approved, and the bill ordered transmitted to the King-Barrutia, Noh, Richardson, Risch, Sandy, Sorensen, House. Stegner, Wheeler, Williams. Total - 19. H 401 was read the third time at length, section by section, NAYS--Brandt, Frasure, Geddes, Goedde, Hawkins, Hill, and placed before the Senate for final consideration. Senator Ingram, Ipsen, Little, Lodge, Marley, Schroeder, Sims, Thorne. Richardson arose as sponsor of the bill and opened the debate. Total - 14. The question being, “Shall the bill pass?”

Absent and excused--Darrington, Stennett. Total - 2. Roll call resulted as follows:

Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Whereupon the President Pro Tempore declared S 1357 Frasure, Geddes, Goedde, Hill, Ipsen, Keough, King-Barrutia, passed, title was approved, and the bill ordered transmitted to the Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, House. Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31. S 1358 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--Hawkins, Ingram, Schroeder. Total - 3. Sandy arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Darrington. Total - 1.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared H 401 Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, passed, title was approved, and the bill ordered returned to the Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, House. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, On request by Senator Risch, granted by unanimous consent, Thorne, Wheeler, Williams. Total - 34. the Senate advanced to the Fourteenth Order of Business.

NAYS--None. General Calendar

Absent and excused--Darrington. Total - 1. The President Pro Tempore declared the Senate resolved into the Committee of the Whole and called Senator Davis to the Chair Total - 35. to preside during the sitting of the Committee of the Whole. 96 SENATE JOURNAL February 8, 2002]

Following the adjournment of the Committee of the Whole, entry, mutilate, secrete away, destroy or otherwise dispose of any the President Pro Tempore called the Senate to order. record mentioned in this subsection, provided a record may be disposed of after the five (5) year period heretofore provided. Report of the Committee of the Whole (6) Every permittee shall, within thirty (30) days after the close of each calendar month, pay to his creditors the net Senator Davis, Chairman of the Committee of the Whole, proceeds of all collections made by the permittee during said reported out H 391, without amendment and with the calendar month. Each permittee shall report to the creditor all recommendation that it be recommitted to the Health and Welfare collections made by him and/or any payments made to the Committee; and S 1276, S 1288, S 1289, S 1320, S 1325, creditor within thirty (30) days after the close of each calendar S 1356, H 439, and S 1336, without recommendation, amended month. as follows: (7) Every permittee shall maintain his books and records in accordance with generally accepted accounting practices subject SENATE AMENDMENT TO S 1276 to such rules and regulations as adopted by the director. AMENDMENT TO THE BILL (8) The director, may impound the creditors' accounts, or On page 2 of the printed bill, delete lines 12 through 14. trust accounts of any permittee if it shall be deemed in the general public interest."; and renumber subsequent sections accordingly. CORRECTION TO TITLE On page 1, delete lines 6 and 7 and insert: "THE IDAHO CORRECTION TO TITLE SKI AREA ASSOCIATION.". On page 1, in line 11, following "CORRECTIONS;" insert: "AMENDING SECTION 26-2234, IDAHO CODE, TO SENATE AMENDMENT TO S 1288 PROVIDE FOR COST OF EXAMINATIONS;". AMENDMENTS TO THE BILL On page 4 of the printed bill, following line 3, insert: SENATE AMENDMENT TO S 1289 "SECTION 5. That Section 26-2234, Idaho Code, be, and AMENDMENTS TO SECTION 1 the same is hereby amended to read as follows: On page 1 of the printed bill, in line 36, following "practices" delete the remainder of the line, and in line 37, delete 26-2234. INVESTIGATIONS, RECORDS AND "tions"; and in line 39, following "market." insert: "This PAYMENT OF FUNDS. (1) The director or his duly authorized definition shall not include forestry, lumbering operations or representatives may make an annual examination, or more logging contractors.". frequently in the director's discretion, of the place of business of each permittee and foreign permittee and for that purpose the SENATE AMENDMENT TO S 1320 director shall have free access to the offices and places of AMENDMENTS TO SECTION 2 business, books, creditors' accounts, trust accounts, business On page 3 of the printed bill, in line 27, following accounts, records, papers, files, safes and vaults of all such "physician" insert: ", licensed physician assistant, or licensed permittees. advanced practice professional nurse"; in line 28, delete "The" (2) The director may, upon his own motion, and shall, upon and delete lines 29, 30, 31 and 32; and on page 4, in line 5, the sworn complaint in writing of any person, investigate the delete "physician's"; and also in line 5, following "authorization" action of any person or persons claimed to have violated the insert: "of the licensed physician, licensed physician assistant, or provisions of this chapter, and for that purpose the director shall licensed advanced practice professional nurse". have free access to the offices and places of business, books, creditors' accounts, trust accounts, business accounts, records, SENATE AMENDMENT TO S 1325 papers, files, safes and vaults of all such persons. AMENDMENT TO SECTION 1 (3) Every permittee and foreign permittee shall execute to On page 1 of the printed bill, in line 22, following "while" the director an agreement of consent to examination of any and all insert: "knowingly". bank accounts of the permittee providing the director with authority to make such examination at any time the director, in CORRECTION TO TITLE his discretion, deems it to be in the public interest. On page 1, in line 4, delete "WITH" and insert: "WHILE (4) The actual cost of examination for the first annual KNOWINGLY CARRYING". examination each year and any investigation shall be paid to the director by each permittee so examined or investigated and the SENATE AMENDMENT TO S 1356 director may maintain an action for the recovery of such costs AMENDMENTS TO SECTION 1 On page 1 of the printed bill, in line 13, delete "peace" and against the permittee or against the surety providing the bond to insert: "peace public safety"; delete lines 14 and 15, and insert: indemnify the state for such expenditures as required by this "officer, or firefighter as defined in subsection (5) of this chapter. The cost shall be fixed annually by the director, but shall section,"; in line 16, delete "as "public safety officer"),"; and on not exceed twenty-five dollars ($25.00) per examination hour. page 2, following line 14, insert: (5) Each permittee shall acknowledge in writing each "(5) For purposes of this section, "public safety officer" account received for collection and shall maintain a record of such means a peace officer or firefighter, or a paramedic, emergency account, make a permanent record of all sums collected by him medical technician or first responder as those terms are defined and of all disbursements made by him. Every permittee shall keep in section 56-1012, Idaho Code.". and preserve all records relating to accounts received for collection, collections, receipts, and disposal or disbursement of CORRECTIONS TO TITLE all creditors' funds for a period of five (5) years after the final On page 1, in line 6, delete "AND" and insert: ","; and in disposition of any account. It shall be unlawful for any person to line 8, following "THEREAFTER" delete "." and insert: "AND intentionally make any false entry, omit to make a necessary TO DEFINE "PUBLIC SAFETY OFFICER."". [February 11, 2002 SENATE JOURNAL 97

SENATE AMENDMENT TO H 439 Roll call showed all members present except President Pro AMENDMENTS TO BILL Tempore Geddes, absent and formally excused on state business On page 1 of the printed bill, delete lines 18 through 43; on as Acting Governor for the State of Idaho; Senator Richardson, page 2, delete lines 1 through 10; and renumber the remaining absent and formally excused by the Chair; and Senators Boatright, sections of the bill accordingly. Bunderson, Burtenshaw, Cameron, Deide, Hawkins, Ingram, Keough, Marley, Schroeder, and Stennett, absent and excused. CORRECTIONS TO TITLE On page 1, in line 2, following "LAW;" delete the Prayer was offered by Chaplain C. Leon Johnson. remainder of the line; delete line 3; and in line 4, delete "CHECKS AND MONEY ORDERS AND TO MAKE The Senate advanced to the Third Order of Business. TECHNICAL CORRECTIONS;". Reading and Correction of the Journal SENATE AMENDMENT TO S 1336 AMENDMENT TO SECTION 1 Senators Schroeder and Stennett were recorded present at On page 2 of the printed bill, in line 12, following "assets" this order of business. insert: "not otherwise specifically permitted by federal law". The JUDICIARY AND RULES Committee reports that the The committee also has S 1302 under consideration, reports Senate Journal of the proceedings of February 8, 2002, was read progress, and begs leave to sit again. and approved as corrected.

DAVIS, Chairman DARRINGTON, Chairman

On motion by Senator Davis, seconded by Senator Stennett, There being no objection, the report was adopted and the report was adopted by voice vote. ordered filed in the office of the Secretary of the Senate.

S 1276, as amended, S 1288, as amended, S 1289, as On request by Senator Sandy, granted by unanimous consent, amended, S 1320, as amended, S 1325, as amended, S 1356, as the Senate advanced to the Fifth Order of Business. amended, and S 1336, as amended, were referred to the Judiciary and Rules Committee for engrossing and the amendments thereto Petitions, Resolutions, and Memorials were referred to the Judiciary and Rules Committee for printing. SCR 127 BY EDUCATION COMMITTEE H 391 was recommitted to the Health and Welfare A CONCURRENT RESOLUTION Committee. STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO H 439, as amended in the Senate, was filed for first reading, APPOINT A COMMITTEE TO UNDERTAKE AND and the amendments thereto were referred to the Judiciary and COMPLETE A STUDY OF ALL LAWS, RULES, Rules Committee for printing. PROCEDURES AND PRACTICES THAT HINDER THE SUCCESS OF TEACHERS AND STUDENTS FROM On request by Senator Risch, granted by unanimous consent, ACHIEVING THE ACHIEVEMENT STANDARDS. the Senate advanced to the Fifteenth Order of Business. Be It Resolved by the Legislature of the State of Idaho: Miscellaneous Business WHEREAS, the Idaho Legislature has adopted grade level On motion by Senator Risch, seconded by Senator Stennett, standards in language arts, math, science, social studies and by voice vote the Senate adjourned at 12:15 p.m. until the hour health for grades K-12; and of 10:30 a.m., Monday, February 11, 2002. WHEREAS, the State Board of Education has begun the process to develop assessment instruments to test students at all ROBERT L. GEDDES, President Pro Tempore levels and disciplines to determine how well they have met the standards; and Attest: JEANNINE WOOD, Secretary WHEREAS, students, teachers, schools and school districts will be judged by how well students perform on these assessment instruments; and ______WHEREAS, students, teachers, schools and school districts will be held accountable for student achievement of these standards; and THIRTY-SIXTH LEGISLATIVE DAY WHEREAS, there exist numerous laws, rules, procedures MONDAY, FEBRUARY 11, 2002 and practices which inhibit the successful achievement of the standards, and limit innovative program development by teachers and school districts. Senate Chamber NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho At the request of President Pro Tempore Geddes, Acting Legislature, the Senate and the House of Representatives President Risch called the Senate to order at 10:30 a.m. concurring therein, that the Legislative Council is authorized to 98 SENATE JOURNAL February 11, 2002] appoint a committee to undertake and complete a study of all S 1393 was referred to the Education Committee. laws, rules, procedures and practices that may hinder the success of teachers and students from attaining the achievement standards. S 1394 was referred to the Health and Welfare Committee. The committee shall seek to identify all roadblocks and address appropriate changes to facilitate and promote school success. The S 1395, S 1396, S 1397, S 1398, S 1399, S 1400, and Legislative Council shall determine the number of legislators and S 1401 were referred to the Transportation Committee. membership from each house appointed to the committee and shall authorize the committee to receive input, advice and assistance from interested and affected parties who are not S 1402, S 1403, S 1404, S 1405, S 1406, S 1407, S 1408, members of the legislature. and S 1410 were referred to the Commerce and Human Resources BE IT FURTHER RESOLVED that nonlegislative members Committee. of the committee may be appointed by the cochairs of the committee who are appointed by the Legislative Council. S 1409 was referred to the Agricultural Affairs Committee. Nonlegislative members of the advisory committee shall not be reimbursed from legislative funds for per diem, mileage or other SCR 124, SCR 125, and SCR 126 were referred to the expenses and shall not have voting privileges regarding the Tenth Order of Business, Motions and Resolutions, and ordered committee's recommendations or proposed legislation. held at the Secretary’s desk for one legislative day. BE IT FURTHER RESOLVED that the committee shall report its findings, recommendations and proposed legislation, if any, to the First Regular Session of the Fifty-seventh Idaho February 11, 2002 Legislature. The JUDICIARY AND RULES Committee reports that SJR 103 S 1276, as amended, S 1288, as amended, S 1289, as amended, BY EDUCATION COMMITTEE S 1320, as amended, S 1325, as amended, S 1356, as amended, A JOINT RESOLUTION and S 1336, as amended, have been correctly engrossed. PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE VIII, OF THE CONSTITUTION OF THE STATE OF IDAHO, DARRINGTON, Chairman RELATING TO LIMITATIONS ON COUNTY AND MUNICIPAL INDEBTEDNESS, TO ALLOW SCHOOL S 1276, as amended, S 1288, as amended, S 1289, as DISTRICTS TO INCUR INDEBTEDNESS WITH THE ASSENT OF TWO-THIRDS OF THE QUALIFIED ELECTORS amended, S 1320, as amended, S 1325, as amended, S 1356, as OR, ALTERNATIVELY, WITH THE ASSENT OF NO LESS amended, and S 1336, as amended, were filed for first reading. THAN SIXTY PERCENT, RATHER THAN TWO-THIRDS, OF THE QUALIFIED ELECTORS OF THE SCHOOL February 11, 2002 DISTRICT VOTING AT AN ELECTION HELD FOR THAT PURPOSE AND HELD ON A DATE IN MAY OR The JUDICIARY AND RULES Committee reports that NOVEMBER AS PROVIDED BY LAW; STATING THE Senate amendments to S 1276, S 1288, S 1289, S 1320, S 1325, QUESTION TO BE SUBMITTED TO THE ELECTORATE; S 1356, H 439, and S 1336 have been correctly printed. DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DARRINGTON, Chairman DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY The report was ordered filed in the office of the Secretary of LAW. the Senate.

SCR 127 was introduced, read at length, and referred to the February 8, 2002 Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports out SJR 103 was introduced, read the first time at length, and H 402, S 1348, and S 1349 with the recommendation that they do referred to the Judiciary and Rules Committee for printing. pass.

DARRINGTON, Chairman The Senate advanced to the Sixth Order of Business. H 402, S 1348, and S 1349 were filed for second reading. Reports of Standing Committees February 8, 2002 February 11, 2002 The JUDICIARY AND RULES Committee reports out The JUDICIARY AND RULES Committee reports that S 1346 and S 1347 with the recommendation that they be referred S 1393, S 1394, S 1395, S 1396, S 1397, S 1398, S 1399, to the Fourteenth Order of Business for amendment. S 1400, S 1401, S 1402, S 1403, S 1404, S 1405, S 1406, S 1407, S 1408, S 1409, S 1410, SCR 124, SCR 125, and DARRINGTON, Chairman SCR 126 have been correctly printed. There being no objection, S 1346 and S 1347 were referred DARRINGTON, Chairman to the Fourteenth Order of Business, General Calendar. [February 11, 2002 SENATE JOURNAL 99

February 8, 2002 The Senate advanced to the Tenth Order of Business.

The RESOURCES AND ENVIRONMENT Committee Motions and Resolutions reports out S 1333 with the recommendation that it do pass. The Acting President announced that SCR 123 was before NOH, Chairman the Senate for final consideration, the question being, “Shall the resolution be adopted?”

S 1333 was filed for second reading. On motion by Senator Sorensen, seconded by Senator Stennett, SCR 123 was adopted by voice vote, title was approved, February 8, 2002 and the resolution ordered transmitted to the House.

The STATE AFFAIRS Committee reports it has had under The Senate advanced to the Eleventh Order of Business. consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials the Senate: Senators Boatright, Bunderson, Burtenshaw, Deide, Estella Zamora to the Idaho Human Rights Commission, Hawkins, and Marley were recorded present at this order of term to expire July 1, 2004. business.

SORENSEN, Chairman S 1411 BY EDUCATION COMMITTEE The Gubernatorial appointment was referred to the Tenth AN ACT Order of Business, Motions and Resolutions, and ordered held at RELATING TO TEACHERS; AMENDING CHAPTER 12, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW the Secretary’s desk for one legislative day. SECTION 33-1280, IDAHO CODE, TO PROVIDE FOR THE AUTHORIZATION OF AMERICAN INDIAN LANGUAGES February 8, 2002 TEACHERS AND TO SET FORTH PROCEDURES FOR DESIGNATION BY INDIAN TRIBES AND The STATE AFFAIRS Committee reports out S 1369 with AUTHORIZATION BY THE STATE BOARD OF the recommendation that it do pass. EDUCATION.

SORENSEN, Chairman S 1412 BY EDUCATION COMMITTEE AN ACT S 1369 was filed for second reading. RELATING TO READING ASSESSMENTS; AMENDING SECTION 33-1616, IDAHO CODE, TO DEFINE THE On request by Senator Davis, granted by unanimous consent, STUDENTS WHO SHALL BE INCLUDED IN the Senate advanced to the Ninth Order of Business. CALCULATIONS RELATING TO READING ASSESSMENT.

Messages from the House S 1413 BY EDUCATION COMMITTEE February 8, 2002 AN ACT RELATING TO COURSES OF INSTRUCTION IN THE PUBLIC SCHOOLS; AMENDING CHAPTER 16, TITLE 33, Mr. President: IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1617, IDAHO CODE, TO SPECIFY REQUIREMENTS FOR I transmit herewith H 483, H 431, H 432, and H 476 which INSTRUCTION IN NATURAL RESOURCES. have passed the House. S 1414 BY EDUCATION COMMITTEE JUKER, Chief Clerk AN ACT RELATING TO THE IDAHO SCHOOL FOR THE DEAF AND H 483, H 431, H 432, and H 476 were filed for first THE BLIND; AMENDING CHAPTER 34, TITLE 33, IDAHO reading. CODE, BY THE ADDITION OF A NEW SECTION 33-3409, IDAHO CODE, TO PROVIDE FOR A GENERAL FUND CONTINGENCY RESERVE; AND DECLARING AN February 8, 2002 EMERGENCY.

Mr. President: S 1415 BY EDUCATION COMMITTEE I transmit herewith Enrolled HCR 40 and HJM 13 for the AN ACT signature of the President. RELATING TO LEAVE TIME FOR PROFESSIONAL SCHOOL PERSONNEL; AMENDING SECTION 33-513, JUKER, Chief Clerk IDAHO CODE, TO PROVIDE THAT A TEACHER SHALL NOT BE REQUIRED TO MAKE UP TIME SPENT AT THE The Acting President announced that Enrolled HCR 40 and ANNUAL DELEGATE ASSEMBLY MEETING OF THE HJM 13 will be held at the Secretary’s desk for the signature of STATE TEACHERS' ASSOCIATION AND TO MAKE A the President, and when so signed, will be returned to the House. TECHNICAL CORRECTION. 100 SENATE JOURNAL February 11, 2002]

S 1416 INTENTIONALLY OR WILLFULLY LEAVING THE BY HEALTH AND WELFARE COMMITTEE PREMISES OF AN ESTABLISHMENT AT WHICH MOTOR AN ACT FUEL IS OFFERED FOR RETAIL SALE WITHOUT PAYING RELATING TO THE IDAHO SOLID WASTE FACILITIES FOR THE MOTOR FUEL, TO PROVIDE FOR SUSPENSION ACT; AMENDING SECTION 39-7403, IDAHO CODE, TO OF DRIVING PRIVILEGES AND TO DEFINE "MOTOR REVISE THE DEFINITION OF "SPECIAL WASTE" TO FUEL"; AMENDING SECTION 49-326, IDAHO CODE, TO INCLUDE COMPUTER MONITORS. PROVIDE AUTHORITY FOR THE TRANSPORTATION DEPARTMENT TO SUSPEND A DRIVER'S LICENSE FOR S 1417 NONPAYMENT FOR MOTOR FUELS. BY HEALTH AND WELFARE COMMITTEE AN ACT S 1421 RELATING TO PRESCRIPTION BLANKS; AMENDING BY JUDICIARY AND RULES COMMITTEE SECTION 37-2725, IDAHO CODE, TO SPECIFY AN ACT REQUIREMENTS FOR THE FORM AND CONTENT OF RELATING TO PERSONS UNDER THE INFLUENCE OF PRESCRIPTION BLANKS, TO REQUIRE RULEMAKING INTOXICATING SUBSTANCES; AMENDING SECTION AND TO PRESCRIBE VIOLATIONS; AND DECLARING AN 18-8004, IDAHO CODE, TO PROVIDE REFERENCES TO EMERGENCY. COMBINATIONS OF ALCOHOL, DRUGS AND OTHER INTOXICATING SUBSTANCES AND TO PROVIDE THAT S 1418 THE FACT THAT A PERSON CHARGED WITH DRIVING BY HEALTH AND WELFARE COMMITTEE UNDER THE INFLUENCE OF A DRUG IS OR HAS BEEN AN ACT LEGALLY ENTITLED TO USE SUCH DRUG SHALL NOT RELATING TO THE PRACTICE OF MASSAGE THERAPY; CONSTITUTE A DEFENSE AGAINST CERTAIN CHARGES AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION AND TO MAKE A TECHNICAL CORRECTION. OF A NEW CHAPTER 49, TITLE 54, IDAHO CODE, TO GOVERN THE PRACTICE OF MASSAGE THERAPY IN S 1422 IDAHO, PROVIDING A STATEMENT OF PURPOSE, BY STATE AFFAIRS COMMITTEE DEFINING TERMS, SPECIFYING EXEMPTIONS FROM AN ACT THE CHAPTER, SPECIFYING PROHIBITIONS, PROVIDING RELATING TO THE USE OF A PUBLIC POSITION FOR FOR REFERRAL, DEFINING CONDITIONS WHEN A PERSONAL GAIN; AMENDING SECTION 18-1359, IDAHO LICENSE IS REQUIRED, CREATING A BOARD OF CODE, TO PROVIDE THAT CERTAIN PUBLIC MASSAGE THERAPY, PROVIDING THE POWERS AND EMPLOYEES MAY RETAIN THEIR POSITIONS AND DUTIES OF THE BOARD, PROVIDING FOR FEES, RECEIVE COMPENSATION AND BENEFITS DESPITE PROVIDING REQUIREMENTS FOR ISSUANCE OF A BEING RELATED TO SUBSEQUENTLY ELECTED LOCAL LICENSE, PROVIDING FOR LICENSURE BY GOVERNMENT OFFICIALS, TO CLARIFY THAT NO ENDORSEMENT, PROVIDING FOR LICENSE RENEWAL, PROPERTY RIGHTS IN THE POSITION ARE CREATED PROVIDING FOR REINSTATEMENT OF LICENSE, AND TO PROVIDE THAT AN EMPLOYEE WILL PROVIDING FOR THE LICENSING OF EXISTING CONTINUE TO BE SUBJECT TO CERTAIN DISCIPLINARY PRACTITIONERS, PROVIDING FOR CERTIFICATES OF ACTIONS; AND DECLARING AN EMERGENCY. GOOD STANDING FOR COURSES OF INSTRUCTION, S 1423 PROVIDING FOR DISCIPLINARY ACTION, PROVIDING BY STATE AFFAIRS COMMITTEE FOR CONTESTED CASES, PROVIDING FOR AN ACT ENFORCEMENT AND PENALTIES, ADDRESSING THIRD RELATING TO THE RETAIL SALE OF LIQUOR AND WINE PARTY REIMBURSEMENT; AND PROVIDING AN BY THE DRINK; AMENDING CHAPTER 9, TITLE 23, EFFECTIVE DATE AND DELAYED IMPLEMENTATION. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-903c, IDAHO CODE, TO AUTHORIZE A WINE BY THE S 1419 DRINK LICENSEE WITH A DESSERT WINE BY HEALTH AND WELFARE COMMITTEE ENDORSEMENT TO PURCHASE DESSERT WINES FROM THE DISPENSARY; AMENDING SECTION 23-1303, IDAHO AN ACT CODE, TO REVISE THE DEFINITION OF "WINE," AND TO RELATING TO MODIFICATION OF PROVISIONS FOR PROVIDE DEFINITIONS OF "DESSERT WINE" AND MAINTENANCE AND SUPPORT; AMENDING SECTION "DESSERT WINE ENDORSEMENT"; AND AMENDING 32-709, IDAHO CODE, TO PROVIDE THAT SPECIAL SECTION 23-1315, IDAHO CODE, TO PROVIDE LICENSE CIRCUMSTANCES OF AN EQUITABLE NATURE MAY FEES FOR A DESSERT WINE ENDORSEMENT AND TO JUSTIFY A COURT CREDITING PAYMENTS OWING MAKE TECHNICAL CORRECTIONS. WHEN THAT CAN BE DONE WITHOUT INJUSTICE TO THE ONE TO WHOM THE DIVORCE DECREE DIRECTED S 1424 BY STATE AFFAIRS COMMITTEE THE INSTALLMENTS BE PAID AND TO PROVIDE THE AN ACT CIRCUMSTANCES; AND DECLARING AN EMERGENCY. RELATING TO THE IDAHO SCHOOL BOND GUARANTY ACT; AMENDING SECTION 33-5303, IDAHO CODE, TO S 1420 AUTHORIZE THE PLEDGE OF THE STATE SALES TAX BY HEALTH AND WELFARE COMMITTEE FOR PAYMENT OF REFUNDING BONDS ISSUED ON AND AN ACT AFTER MARCH 1, 1999, FOR VOTER APPROVED BONDS RELATING TO THEFT OF MOTOR FUELS; AMENDING WHICH WERE VOTED UPON BY THE ELECTORATE SECTION 18-2412, IDAHO CODE, TO PROVIDE PRIOR TO MARCH 1, 1999; AND DECLARING AN ADDITIONAL PENALTIES FOR A PERSON EMERGENCY. [February 11, 2002 SENATE JOURNAL 101

S 1425 THE STATE'S WATER QUALITY MANAGEMENT PLAN, BY RESOURCES AND ENVIRONMENT COMMITTEE TO STRIKE REFERENCE TO CERTAIN ENFORCEMENT OF AN ACT TOTAL MAXIMUM DAILY LOAD PROCESSES, TO RELATING TO WATER RIGHT DESCRIPTIONS; PROVIDE FOR CERTAIN USE OF TOTAL MAXIMUM AMENDING SECTION 42-202B, IDAHO CODE, TO DEFINE DAILY LOAD PROCESSES BY STATE AND FEDERAL "DIGITAL BOUNDARY"; AMENDING SECTION 42-219, AGENCIES AND TO PROVIDE FOR IMPLEMENTATION OF IDAHO CODE, TO PROVIDE THAT CERTAIN LAND TOTAL MAXIMUM DAILY LOAD PROCESSES. DESCRIPTIONS IN LICENSES FOR THE USE OF WATER FOR IRRIGATION MAY BE DESCRIBED USING DIGITAL S 1429 BOUNDARIES; AND AMENDING SECTION 42-1411, BY EDUCATION COMMITTEE IDAHO CODE, TO PROVIDE THAT CERTAIN LAND AN ACT DESCRIPTIONS SETTING FORTH THE PLACE OF USE OF RELATING TO PUBLIC SCHOOL NONCERTIFICATED WATER MAY BE DESCRIBED USING DIGITAL EMPLOYEES; AMENDING CHAPTER 5, TITLE 33, IDAHO BOUNDARIES. CODE, BY THE ADDITION OF A NEW SECTION 33-520, IDAHO CODE, TO PROVIDE FOR ANNUAL S 1426 EMPLOYMENT NOTIFICATION FOR NONCERTIFICATED BY RESOURCES AND ENVIRONMENT COMMITTEE EMPLOYEES. AN ACT RELATING TO THE APPROPRIATION OF WATER; S 1430 AMENDING SECTION 42-203A, IDAHO CODE, TO REVISE BY EDUCATION COMMITTEE THE CRITERIA UPON WHICH THE DIRECTOR OF THE AN ACT DEPARTMENT OF WATER RESOURCES MAY REJECT AN RELATING TO PUBLIC SCHOOL NONCERTIFICATED APPLICATION FOR APPROPRIATION OF WATER, EMPLOYEES; AMENDING CHAPTER 5, TITLE 33, IDAHO REFUSE ISSUANCE OF A PERMIT, PARTIALLY APPROVE CODE, BY THE ADDITION OF A NEW SECTION 33-520, AND GRANT A PERMIT FOR A SMALLER QUANTITY OF IDAHO CODE, TO PROVIDE A RENEWABLE CONTRACT WATER THAN APPLIED FOR, OR GRANT A PERMIT UNDER THE TERMS SPECIFIED FOR NONCERTIFICATED UPON CONDITIONS AND TO MAKE TECHNICAL EMPLOYEES. CORRECTIONS. S 1431 S 1427 BY EDUCATION COMMITTEE BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT AN ACT RELATING TO THE SCHOOL SAFETY AND HEALTH RELATING TO THE APPROPRIATION OF WATER; REVOLVING LOAN AND GRANT FUND; AMENDING AMENDING SECTION 42-203A, IDAHO CODE, TO SECTION 33-1017, IDAHO CODE, TO EXTEND AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CONDITIONS FOR APPLICATION TO INCLUDE WATER RESOURCES TO IMPOSE SANCTIONS FOR AUTHORITY TO DRAW UPON THE SCHOOL SAFETY CERTAIN ACTIONS AND TO MAKE TECHNICAL AND HEALTH REVOLVING LOAN AND GRANT FUND CORRECTIONS; AND AMENDING SECTION 42-222, FOR GRANTS FOR INDEBTEDNESS INCURRED FOR THE IDAHO CODE, TO AUTHORIZE THE DIRECTOR OF THE ABATEMENT OF UNSAFE OR UNHEALTHY DEPARTMENT OF WATER RESOURCES TO IMPOSE CONDITIONS, TO PROVIDE FOR THE METHOD FOR SANCTIONS FOR CERTAIN ACTIONS. DETERMINATION OF PRESENT VALUE, TO REVISE THE TERMINATION DATE AND TO MAKE A TECHNICAL S 1428 CORRECTION. BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT S 1432 RELATING TO WATER QUALITY; AMENDING SECTION BY EDUCATION COMMITTEE 39-3611, IDAHO CODE, TO PROVIDE A PROCESS FOR AN ACT THE DEVELOPMENT OF TOTAL MAXIMUM DAILY RELATING TO REQUIREMENTS FOR MAINTENANCE OF LOADS BY THE DIRECTOR OF THE DEPARTMENT OF SCHOOL BUILDINGS; AMENDING CHAPTER 10, TITLE ENVIRONMENTAL QUALITY, TO CLARIFY THAT 33, IDAHO CODE, BY THE ADDITION OF A NEW DESIGNATED RULEMAKING PROVISIONS DO NOT SECTION 33-1018, IDAHO CODE, TO REQUIRE AN APPLY TO DEVELOPMENT OF TOTAL MAXIMUM DAILY ALLOCATION BY SCHOOL DISTRICTS FOR BUILDING LOADS UNDER THE SECTION, TO PROVIDE FOR THE MAINTENANCE, TO CREATE A FUND AND GOVERN APPEAL OF THE DIRECTOR'S DECISION REGARDING USES OF THE FUND; AND PROVIDING AN EFFECTIVE THE DEVELOPMENT OF TOTAL MAXIMUM DAILY DATE. LOADS, TO PROVIDE FOR ANNUAL REPORTS TO THE LEGISLATURE AND TO PROVIDE FOR REJECTION OF S 1433 DEVELOPED TOTAL MAXIMUM DAILY LOADS BY BY EDUCATION COMMITTEE CONCURRENT RESOLUTION; AMENDING SECTION AN ACT 39-3612, IDAHO CODE, TO STRIKE REFERENCE TO THE PROVIDING BOND LEVY EQUALIZATION SUPPORT DIRECTOR'S ADOPTION OF TOTAL MAXIMUM DAILY PROGRAM FOR SCHOOL FACILITIES; AMENDING LOAD PROCESSES SUBJECT TO THE ADMINISTRATIVE SECTION 33-802A, IDAHO CODE, TO REVISE THE PROCEDURE ACT, TO PROVIDE FOR THE INTEGRATION COMPUTATION OF BOND AND BOND INTEREST LEVIES OF TOTAL MAXIMUM DAILY LOAD PROCESSES INTO AND TO CORRECT A CODIFIER'S ERROR; AMENDING 102 SENATE JOURNAL February 11, 2002]

CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION H 476, by Trail, was introduced, read the first time at OF A NEW SECTION 33-906, IDAHO CODE, TO ADOPT A length, and referred to the State Affairs Committee. BOND LEVY EQUALIZATION SUPPORT PROGRAM; AND AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY The Senate advanced to the Twelfth Order of Business. THE ADDITION OF A NEW SECTION 33-906A, IDAHO CODE, TO CREATE THE BOND LEVY EQUALIZATION Second Reading of Bills FUND AND SPECIFY PURPOSES. Senators Cameron, Ingram, and Keough were recorded S 1434 present at this order of business. BY EDUCATION COMMITTEE AN ACT S 1304, by Schroeder, was read the second time at length RELATING TO ABATEMENT OF SERIOUS SAFETY and filed for third reading. HAZARDS IN SCHOOL BUILDINGS; AMENDING SECTION 33-1613, IDAHO CODE, TO CLARIFY REQUIREMENTS H 489, by Environmental Affairs Committee, was read the FOR ABATEMENT OF UNSAFE OR UNHEALTHY second time at length and filed for third reading. CONDITIONS; AMENDING SECTION 39-8004, IDAHO CODE, TO DEFINE AN ADDITIONAL TERM; AMENDING S 1359 and S 1361, by Transportation Committee, were read SECTION 39-8008, IDAHO CODE, TO PROVIDE FOR A the second time at length and filed for third reading. RESPONSE TO A SERIOUS SAFETY HAZARD WITHIN THE TIME SPECIFIED AND FOR AN APPEAL OF THE The Senate advanced to the Thirteenth Order of Business. FINDING; AMENDING SECTION 39-8009, IDAHO CODE, TO AUTHORIZE INJUNCTIVE RELIEF FOR FAILURE TO Third Reading of Bills COMPLY WITH A NOTICE OR ORDER RELATING TO A SERIOUS SAFETY HAZARD; AND AMENDING SECTION S 1327, having been held, was read the third time at length, 39-8011, IDAHO CODE, TO PROVIDE PENALTIES FOR section by section, and placed before the Senate for final VIOLATIONS RELATED TO A SERIOUS SAFETY consideration. Senator Darrington arose as sponsor of the bill HAZARD. and opened the debate. The question being, “Shall the bill pass?”

S 1411, S 1412, S 1413, S 1414, S 1415, S 1416, S 1417, Roll call resulted as follows: S 1418, S 1419, S 1420, S 1421, S 1422, S 1423, S 1424, S 1425, S 1426, S 1427, S 1428, S 1429, S 1430, S 1431, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1432, S 1433, and S 1434 were introduced, read the first time Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, at length, and referred to the Judiciary and Rules Committee for Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, printing. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, H 439, as amended in the Senate, by Revenue and Taxation Wheeler, Williams. Total - 33. Committee, was read the first time at length and filed for second reading. NAYS--None.

S 1276, as amended, by Transportation Committee, was read Absent and excused--Geddes, Richardson. Total - 2. the first time at length and filed for second reading. Total - 35. S 1288, as amended, and S 1289, as amended, by Commerce and Human Resources Committee, were read the first time at Whereupon the Acting President declared S 1327 passed, length and filed for second reading. title was approved, and the bill ordered transmitted to the House.

S 1320, as amended, by Transportation Committee, was read H 405 was read the third time at length, section by section, the first time at length and filed for second reading. and placed before the Senate for final consideration. Senator King-Barrutia arose as sponsor of the bill and opened the debate. S 1325, as amended, by Judiciary and Rules Committee, was The question being, “Shall the bill pass?” read the first time at length and filed for second reading. Roll call resulted as follows: S 1356, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Dunklin, S 1336, as amended, by Health and Welfare Committee, was Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, read the first time at length and filed for second reading. King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. H 483, by Judiciary, Rules, and Administration Committee, Total - 31. was introduced, read the first time at length, and referred to the Judiciary and Rules Committee. NAYS--Schroeder. Total - 1.

H 431 and H 432, by State Affairs Committee, were Absent and excused--Deide, Geddes, Richardson. Total - 3. introduced, read the first time at length, and referred to the State Affairs Committee. Total - 35. [February 11, 2002 SENATE JOURNAL 103

Whereupon the Acting President declared H 405 passed, title Whereupon the Acting President declared H 510 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House.

H 508 was read the third time at length, section by section, H 511 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Cameron arose as sponsor of the bill and opened the debate. The The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Dunklin, Frasure, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Wheeler, Williams. Total - 33. Total - 31.

NAYS--Keough. Total - 1. NAYS--None.

Absent and excused--Geddes, Hawkins, Richardson. Absent and excused--Geddes, Richardson. Total - 2. Total - 3.

Total - 35. Total - 35.

Whereupon the Acting President declared H 508 passed, title Whereupon the Acting President declared H 511 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House. H 426 was read the third time at length, section by section, H 509 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. Wheeler, Williams. Total - 33. NAYS--None. NAYS--None. Absent and excused--Geddes, Richardson. Total - 2. Absent and excused--Geddes, Richardson. Total - 2. Total - 35. Total - 35. Whereupon the Acting President declared H 426 passed, title Whereupon the Acting President declared H 509 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House. H 427 was read the third time at length, section by section, H 510 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Marley arose as sponsor of the bill and opened the debate. The Hawkins arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Burtenshaw, Cameron, Darrington, Davis, Dunklin, Frasure, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Little, Lodge, Marley, Noh, Risch, Sandy, Sims, Sorensen, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Stennett, Thorne, Wheeler, Williams. Total - 29. Wheeler, Williams. Total - 33.

NAYS--Schroeder. Total - 1. NAYS--None.

Absent and excused--Brandt, Deide, Geddes, Richardson, Stegner. Total - 5. Absent and excused--Geddes, Richardson. Total - 2.

Total - 35. Total - 35. 104 SENATE JOURNAL February 11, 2002]

Whereupon the Acting President declared H 427 passed, title WHEREAS, reading research tells us that children who can was approved, and the bill ordered returned to the House. read and comprehend successfully are dramatically less likely to drop out of school or end up in prison; and S 1332 was read the third time at length, section by section, WHEREAS, experts agree that children need to be motivated and placed before the Senate for final consideration. Senator to read and that the model of family and other adults reading to Burtenshaw arose as sponsor of the bill and opened the debate. them sends a powerful message about the importance of reading; The question being, “Shall the bill pass?” and WHEREAS, the Idaho Legislature believes that assisting the Roll call resulted as follows: children in our state to become successful adults by learning to read and comprehend at an early age should be a focus of this AYES--Andreason, Bartlett (Branch), Boatright, Brandt, legislative session; and Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, WHEREAS, March 2, 2002, is the 98th anniversary of the Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, birth of Dr. Seuss, the well-known author of children's books; Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, and Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, WHEREAS, the Idaho Legislature believes there is no other Wheeler, Williams. Total - 33. more appropriate day to encourage Idahoans to read to all the children in our state. NAYS--None. NOW, THEREFORE, BE IT RESOLVED by the members of the Senate, assembled in the Second Regular Session of the Absent and excused--Geddes, Richardson. Total - 2. Fifty-sixth Idaho Legislature, that Friday, March 1, 2002, shall be declared "Read Across Idaho Day"; and Total - 35. BE IT FURTHER RESOLVED that the members of the Senate, by declaring March 1, 2002, as "Read Across Idaho Whereupon the Acting President declared S 1332 passed, Day," do hereby encourage all parents, educators and other adults title was approved, and the bill ordered transmitted to the House. to spend a minimum of fifteen minutes that day reading to a child; and On motion by Senator Davis, seconded by Senator Stennett, BE IT FURTHER RESOLVED that the members of the by voice vote the Senate recessed at 12:10 p.m. until the hour of Senate do hereby encourage all adult citizens of the great state of 4:30 p.m. of this day. Idaho to advance the cause of education, introduce the wonders of books, and help our state's children succeed by taking every RECESS opportunity, every day, to read to a child. AFTERNOON SESSION SCR 128 The Senate reconvened at 4:30 p.m., pursuant to recess, BY RESOURCES AND ENVIRONMENT COMMITTEE Acting President Risch presiding. A CONCURRENT RESOLUTION APPROVING APPLICATION TO APPROPRIATE WATER Roll call showed all members present except President Pro FOR MINIMUM STREAMFLOW. Tempore Geddes, absent and formally excused on state business as Acting Governor for the State of Idaho; and Senators Be It Resolved by the Legislature of the State of Idaho: Cameron, Keough, Richardson, Sandy, Schroeder, and Stennett, absent and excused. WHEREAS, the Idaho Water Resource Board may apply for a permit to appropriate unappropriated waters of any stream to Prior to recess the Senate was at the Thirteenth Order of establish a minimum streamflow; and Business, Third Reading of Bills. WHEREAS, under the provisions of Section 42-1503, Idaho Code, an approved application shall not become finally effective On request by Senator Davis, granted by unanimous consent, the Senate returned to the Fifth Order of Business. until affirmatively acted upon by the Legislature, except that if the Legislature fails to act prior to the end of the regular session Petitions, Resolutions, and Memorials to which the application was submitted, the application shall be considered approved; and Senator Cameron was recorded present at this order of business. WHEREAS, on September 27, 2001, the Department of Water Resources approved the application by issuing a SR 104 Preliminary Order which became a Final Order authorizing the BY EDUCATION COMMITTEE appropriation of water for minimum streamflow as follows: A SENATE RESOLUTION DECLARING THE IMPORTANCE OF READING TO Identification CHILDREN AND ENCOURAGING IDAHO PARENTS, Number: 74-14993 EDUCATORS AND OTHER ADULTS TO MAKE READING Rate of Flow: Thirty-five (35) cubic feet per second ("cfs") TO CHILDREN A PRIORITY. year-round. The application provided that fifteen (15) cfs of the thirty-five (35) cfs be Be It Resolved by the Senate of the State of Idaho: subordinated to all diversions, including high WHEREAS, the Senate believes that achieving the goal of water or flood water authorized under the teaching every child to read and comprehend by the end of the Lemhi River basin decree (Lemhi County third grade is among our state's most important priorities; and Case No. 4948). [February 11, 2002 SENATE JOURNAL 105

Location: Beginning at water diversion L-6 on the Rate of Flow: 5,750 cfs from November 1 through July 31; Lemhi River in the southeast quarter (1/4) of 4,350 cfs from August 1 through October 31. section twenty-four (24), township Location: Beginning at the confluence with the North twenty-one (21) north, range twenty-two (22) Fork Clearwater River in Lot 8 (NW 1/4 SE east of the Boise Meridian, and ending at the 1/4 SE 1/4), Section 33, T37N, R1E, and confluence of the Lemhi River with the extending downstream approximately 27 Salmon River near the southwest corner of miles to the confluence with the Potlatch section thirty-two (32), township twenty-two River in Lot 13 (NW 1/4 SW 1/4 SW 1/4), (22) north, range twenty-two (22) east of the Section 7, T36N, R3W, B.M. Boise Meridian, in Lemhi County, said reach Purpose: Instream use for the protection of fish and wildlife being approximately 7.5 miles long. habitat, aquatic life, and recreational uses. Purpose: To provide anadromous fish passage in the Lemhi Priority Date: July 30, 1992. River from diversion L-6 to the mouth of the Lemhi River. Identification Priority Date: April 12, 2001. Number: 86-07345 NOW, THEREFORE, BE IT RESOLVED by the members Rate of Flow: 5,910 cfs from November 1 through July 31; of the Second Regular Session of the Fifty-sixth Idaho 4,498 cfs from August 1 through October 31. Legislature, the Senate and the House of Representatives Location: Beginning at the confluence with the Potlatch concurring therein, that the same is hereby approved subject to River in Lot 13 (NW 1/4 SW 1/4 SW 1/4), the conditions and limitations contained in the Preliminary Order Section 7, T36N, R3W, B.M. and extending issued by the Department of Water Resources on September 27, downstream approximately 13 miles to the 2001. beginning of backwater from the reservoir behind Lower Granite Dam in Lots 1 and 6 SCR 129 (SW 1/4 NE 1/4), Section 32, T36N, R5W, BY RESOURCES AND ENVIRONMENT COMMITTEE B.M. A CONCURRENT RESOLUTION Purpose: Instream use for the protection of fish and APPROVING APPLICATION TO APPROPRIATE WATER wildlife habitat, aquatic life, and recreational FOR MINIMUM STREAMFLOW. uses. Priority Date: July 30, 1992. Be It Resolved by the Legislature of the State of Idaho: NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho WHEREAS, the Idaho Water Resource Board may apply for Legislature, the Senate and the House of Representatives a permit to appropriate unappropriated waters of any stream to concurring therein, that the same is hereby approved subject to establish a minimum streamflow; and the conditions and limitations contained in the Final Order issued WHEREAS, under the provisions of Section 42-1503, Idaho by the Department of Water Resources on December 21, 2001. Code, an approved application shall not become finally effective until affirmatively acted upon by the Legislature, except that if SJM 111 the Legislature fails to act prior to the end of the regular session BY TRANSPORTATION COMMITTEE to which the application was submitted, the application shall be A JOINT MEMORIAL considered approved; and TO THE PRESIDENT OF THE UNITED STATES, TO THE WHEREAS, on December 21, 2001, the Department of ADMINISTRATOR OF THE FEDERAL AVIATION Water Resources approved three applications by issuing a Final ADMINISTRATION, TO THE SENATE AND HOUSE OF Order authorizing the appropriation of water for minimum REPRESENTATIVES OF THE UNITED STATES IN streamflows on the Clearwater River tributary to the Snake River CONGRESS ASSEMBLED AND TO THE CONGRESSIONAL as follows: DELEGATION REPRESENTING THE STATE OF IDAHO IN Identification THE CONGRESS OF THE UNITED STATES. Number: 85-07583 Rate of Flow: 3,515 cubic feet per second ("cfs") from We, your Memorialists, the Senate and the House of December 1 through July 31; 1,836 cfs from Representatives of the State of Idaho assembled in the Second August 1 through November 30. Regular Session of the Fifty-sixth Idaho Legislature, do hereby Location: Beginning at the confluence of the South respectfully represent that: Fork Clearwater and the Middle Fork Clearwater River in Lot 7 (SW 1/4 NE 1/4), WHEREAS, on September 11, 2001, the United States of America was attacked by terrorists who used three hijacked Section 5, T32N, R4E, B.M. and extending commercial aircraft as weapons to inflict destruction and death; downstream approximately 34 miles to the and confluence with North Fork Clearwater River WHEREAS, one or more of the hijackers in each of the in Lot 8 (NW 1/4 SE 1/4 SE 1/4), Section three hijacked commercial aircraft had received flight training 33, T37N, R1E, B.M. sufficient to pilot the aircraft following the hijackings; and Purpose: Instream use for the protection of fish and wildlife WHEREAS, the terrorists involved in the attacks on the habitat, aquatic life, and recreational uses. United States on September 11, 2001, or some of them, were Priority Date: July 30, 1992. trained to fly aircraft in flight schools in the United States; and WHEREAS, on January 5, 2002, a fifteen year old student Identification pilot took an aircraft without authorization from a flight school Number: 86-07318 where he had been taking flying lessons; and 106 SENATE JOURNAL February 11, 2002]

WHEREAS, the student pilot took off from the airport S 1435 without clearance, traversed military airspace without permission, BY RESOURCES AND ENVIRONMENT COMMITTEE and crashed the aircraft into a forty-two story building in AN ACT downtown Tampa, Florida; and RELATING TO MINIMUM STREAM FLOWS; AMENDING WHEREAS, the President of the United States of America, CHAPTER 17, TITLE 42, IDAHO CODE, BY THE the Congress of the United States of America, and the Federal ADDITION OF A NEW SECTION 42-1765B, IDAHO CODE, Aviation Administration each have certain authority over the TO ALLOW THE WATER RESOURCE BOARD TO APPOINT aviation industry in the United States of America; and A LOCAL RENTAL COMMITTEE TO FACILITATE WHEREAS, there is currently no Presidential executive OPERATION OF THE WATER SUPPLY BANK FOR THE order, federal law or Federal Aviation Administration regulation RENTAL OF NATURAL FLOW RIGHTS WITHIN A RIVER which requires positive identification of and a background check BASIN AND TO PROVIDE FOR USE OF THE WATER on persons seeking flight instruction, or applying for pilot SUPPLY BANK. licensure or certification or on persons seeking to rent aircraft in the United States; and S 1436 WHEREAS, the Idaho Legislature believes that positive BY RESOURCES AND ENVIRONMENT COMMITTEE identification of and background checks on persons seeking flight AN ACT instruction, applying for pilot's licenses and certification and RELATING TO THE OFF-ROAD MOTOR VEHICLE persons seeking to rent aircraft would reduce the likelihood of ACCOUNT; AMENDING SECTION 57-1901, IDAHO CODE, further destructive acts by terrorists involving the use of aircraft. TO PROVIDE A CONDITION OF ELIGIBILITY FOR NOW, THEREFORE, BE IT RESOLVED by the members CERTAIN GRANT FUNDS. of the Second Regular Session of the Fifty-sixth Idaho Legislature, the Senate and the House of Representatives S 1437 concurring therein, that we hereby urge the President of the BY TRANSPORTATION COMMITTEE United States, by executive order or otherwise, the Congress of AN ACT the United States through legislation, and the Administrator of the RELATING TO THE IDAHO TERRORIST CONTROL ACT; Federal Aviation Administration through regulation, to mandate AMENDING CHAPTER 81, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8107, IDAHO that flight instructors, airport operators, and those who offer CODE, TO MAKE IT UNLAWFUL TO INSTRUCT, aircraft for rent require positive proof of identification of all EDUCATE OR TRAIN ANY PERSON IN THE OPERATION persons seeking aircraft pilot training or seeking to rent any type OF COMMERCIAL MOTOR VEHICLES WITHOUT FIRST of aircraft and that, further, it be required that all such persons ESTABLISHING THAT SUCH PERSON IS A CITIZEN OR shall, prior to receiving such training or rental, be required to LAWFUL RESIDENT OF THE UNITED STATES OF undergo a federal background check. AMERICA AND WITHOUT FIRST CONDUCTING A BE IT FURTHER RESOLVED that the President of the NATIONAL RECORDS BACKGROUND CHECK ON SUCH United States by executive order or otherwise, the Congress of PERSON; AND DECLARING AN EMERGENCY. the United States through legislation, and the Administrator of the Federal Aviation Administration through regulation, mandate that S 1438 BY TRANSPORTATION COMMITTEE any person applying for an aircraft pilot's license or certification, AN ACT or renewal thereof, be required to undergo a federal background RELATING TO THE MULTISTATE HIGHWAY check prior to the issuance of such license or certification. TRANSPORTATION AGREEMENT; AMENDING SECTION BE IT FURTHER RESOLVED that the Secretary of the 49-1901, IDAHO CODE, TO PROVIDE CHANGES TO THE Senate be, and she is hereby authorized and directed to forward AGREEMENT INCLUDING REVISING THE FINDINGS AND a copy of this Memorial to the President of the United States, the PURPOSES, DEFINING "COOPERATING COMMITTEE" Administrator of the Federal Aviation Administration, to the AND REVISING THE DEFINITION OF "DESIGNATED President of the Senate and the Speaker of the House of REPRESENTATIVE," CLARIFYING REPRESENTATION ON Representatives of Congress, and the congressional delegation THE COOPERATING COMMITTEE, PROVIDING representing the State of Idaho in the Congress of the United ADDITIONAL POWERS OF THE COMMITTEE AND REVISING EXISTING POWERS OF THE COMMITTEE, States. REVISING OBJECTIVES OF THE PARTICIPATING JURISDICTIONS, PROVIDING A NEW ARTICLE IX SR 104, SCR 128, SCR 129, and SJM 111 were RELATING TO FUNDING AND PROVIDING A NEW introduced, read at length, and referred to the Judiciary and Rules ARTICLE X RELATING TO SELECTION OF DESIGNATED Committee for printing. REPRESENTATIVES.

On request by Senator Davis, granted by unanimous consent, S 1439 the Senate advanced to the Eleventh Order of Business. BY TRANSPORTATION COMMITTEE AN ACT Introduction, First Reading, and Reference of Bills, RELATING TO MAXIMUM SPEED LIMITS; AMENDING House Petitions, Resolutions, and Memorials SECTION 49-654, IDAHO CODE, TO PROVIDE THAT THE MAXIMUM LAWFUL SPEED LIMIT ON INTERSTATE Senators Keough, Schroeder, and Stennett were recorded HIGHWAYS SHALL NOT EXCEED SIXTY-FIVE MILES PER present at this order of business. HOUR FOR VEHICLES WITH FIVE OR MORE AXLES. [February 12, 2002 SENATE JOURNAL 107

S 1440 S 1445 BY TRANSPORTATION COMMITTEE BY LOCAL GOVERNMENT AND TAXATION AN ACT COMMITTEE RELATING TO REGISTRATION OF MOTOR VEHICLES AN ACT WEIGHING IN EXCESS OF EIGHT THOUSAND POUNDS RELATING TO VACANCIES IN THE LEGISLATURE; MAXIMUM GROSS WEIGHT; AMENDING SECTION AMENDING SECTION 59-904A, IDAHO CODE, TO 49-434, IDAHO CODE, TO PROVIDE A SINGLE PROVIDE THE METHOD OF CALCULATING REGISTRATION FEE FOR REGISTRATION OF VEHICLES PROPORTIONAL REPRESENTATION OF THE IN THE WEIGHT CLASSIFICATIONS OF SIXTEEN LEGISLATIVE DISTRICT COMMITTEE TO MAKE THOUSAND TO TWENTY-SIX THOUSAND POUNDS NOMINATIONS. MAXIMUM GROSS WEIGHT AND TWENTY-SIX THOUSAND TO THIRTY THOUSAND POUNDS MAXIMUM S 1435, S 1436, S 1437, S 1438, S 1439, S 1440, S 1441, GROSS WEIGHT AND TO CORRECT CODIFIER'S ERRORS; S 1442, S 1443, S 1444, and S 1445 were introduced, read the AND PROVIDING AN EFFECTIVE DATE. first time at length, and referred to the Judiciary and Rules Committee for printing. S 1441 BY TRANSPORTATION COMMITTEE On request by Senator Davis, granted by unanimous consent, AN ACT the Senate advanced to the Fifteenth Order of Business. RELATING TO REGISTRATION OF MOTOR VEHICLES WEIGHING IN EXCESS OF EIGHT THOUSAND POUNDS MAXIMUM GROSS WEIGHT; AMENDING SECTION Miscellaneous Business 49-434, IDAHO CODE, TO PROVIDE A SINGLE REGISTRATION FEE FOR REGISTRATION OF VEHICLES On motion by Senator Davis, seconded by Senator Stennett, OF THE SAME WEIGHT CLASS BEGINNING WITH THE by voice vote the Senate adjourned at 5:10 p.m. until the hour of THIRTY THOUSAND TO FORTY THOUSAND POUND 9:30 a.m., Tuesday, February 12, 2002. MAXIMUM GROSS WEIGHT CLASSIFICATION, THROUGH THE FIFTY THOUSAND TO SIXTY THOUSAND POUND JAMES E. RISCH, Acting President MAXIMUM GROSS WEIGHT CLASSIFICATION AND TO CORRECT CODIFIER'S ERRORS; AND PROVIDING AN Attest: JEANNINE WOOD, Secretary EFFECTIVE DATE.

S 1442 BY TRANSPORTATION COMMITTEE ______AN ACT RELATING TO SPECIAL MOTOR VEHICLE LICENSE PLATES; AMENDING SECTION 49-402, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE; AMENDING THIRTY-SEVENTH LEGISLATIVE DAY CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION TUESDAY, FEBRUARY 12, 2002 OF A NEW SECTION 49-420C, IDAHO CODE, TO ESTABLISH AN IDAHO CORVETTE LICENSE PLATE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Senate Chamber S 1443 BY TRANSPORTATION COMMITTEE At the request of President Pro Tempore Geddes, Acting AN ACT President Risch called the Senate to order at 9:30 a.m. RELATING TO SPECIAL MOTOR VEHICLE LICENSE PLATES; AMENDING SECTION 49-402, IDAHO CODE, TO Roll call showed all members present except President Pro PROVIDE A CORRECT REFERENCE; AMENDING Tempore Geddes, absent and formally excused on state business CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-419B, IDAHO CODE, TO as Acting Governor of the State of Idaho; Senator Richardson, ESTABLISH AN IDAHO MOTORCYCLE SAFETY LICENSE absent and formally excused by the Chair; and Senators Cameron, PLATE PROGRAM; AND PROVIDING AN EFFECTIVE Hawkins, and Stennett, absent and excused. DATE. Prayer was offered by Chaplain C. Leon Johnson. S 1444 BY TRANSPORTATION COMMITTEE The Senate advanced to the Third Order of Business. AN ACT RELATING TO CASUALTY INSURANCE CONTRACTS Reading and Correction of the Journal AND DISCOUNT FOR CERTAIN AGE GROUPS; AMENDING SECTION 41-2515, IDAHO CODE, TO The JUDICIARY AND RULES Committee reports that the REMOVE THE RESTRICTION THAT THERE SHALL BE NO Senate Journal of the proceedings of February 11, 2002, was read REDUCTION IN PREMIUMS FOR COMPLETION OF A and approved as corrected. SELF-INSTRUCTED MOTOR VEHICLE ACCIDENT PREVENTION COURSE OR ANY SUCH COURSE WHICH DARRINGTON, Chairman DOES NOT PROVIDE FOR ACTUAL CLASSROOM OR FIELD DRIVING INSTRUCTION, TO PROVIDE PROPER TERMINOLOGY AND TO MAKE A TECHNICAL There being no objection, the report was adopted and CORRECTION. ordered filed in the office of the Secretary of the Senate. 108 SENATE JOURNAL February 12, 2002]

On request by Senator Davis, granted by unanimous consent, S 1420 and S 1421 were referred to the Judiciary and Rules the Senate advanced to the Fifth Order of Business. Committee.

Petitions, Resolutions, and Memorials S 1422, S 1423, S 1424, and S 1445 were referred to the State Affairs Committee. Senator Stennett was recorded present at this order of business. S 1425, S 1426, S 1427, S 1428, S 1435, and S 1436 were referred to the Resources and Environment Committee. SJR 104 BY STATE AFFAIRS COMMITTEE S 1437, S 1438, S 1439, S 1440, S 1441, S 1442, and A JOINT RESOLUTION S 1443 were referred to the Transportation Committee. PROPOSING AN AMENDMENT TO ARTICLE VII, OF THE CONSTITUTION OF THE STATE OF IDAHO, RELATING S 1444 was referred to the Commerce and Human Resources TO FINANCE AND REVENUE OF THE STATE BY THE Committee. ADDITION OF A NEW SECTION 18, ARTICLE VII, TO CREATE IN THE STATE TREASURY THE IDAHO SR 104 and SCR 127 were referred to the Tenth Order of MILLENNIUM INCOME FUND WHICH SHALL CONSIST Business, Motions and Resolutions, and ordered held at the OF THE CORPUS OF THE IDAHO MILLENNIUM FUND, Secretary’s desk for one legislative day. SUCH MONEYS THAT MAY BE PROVIDED BY LEGISLATIVE APPROPRIATIONS, AND FROM ANY On request by Senator Noh, granted by unanimous consent, OTHER SOURCE, TO PROVIDE THAT THE IDAHO MILLENNIUM INCOME FUND MAY HAVE ITS MONEYS SCR 128 and SCR 129 were referred to the Resources and INVESTED AS PROVIDED IN SECTION 11, ARTICLE IX, Environment Committee. AND SHALL RETAIN ITS OWN EARNINGS AND TO PROVIDE THAT ANY MONEYS EXPENDED FROM THE On request by Senator Frasure, granted by unanimous IDAHO MILLENNIUM INCOME FUND MAY ONLY BE consent, SJM 111 was referred to the Transportation Committee. MADE AS PROVIDED BY LAW AND SHALL ONLY BE FROM THE EARNINGS ON INVESTMENT OF MONEYS IN February 11, 2002 THE FUND; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE The RESOURCES AND ENVIRONMENT Committee COUNCIL TO PREPARE THE STATEMENTS REQUIRED reports out S 1389, S 1390, and H 419 with the recommendation BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS that they do pass. REQUIRED BY LAW. NOH, Chairman SJR 104 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. S 1389, S 1390, and H 419 were filed for second reading.

The Senate advanced to the Sixth Order of Business. February 11, 2002

Reports of Standing Committees The LOCAL GOVERNMENT AND TAXATION Committee reports out S 1375, H 481, H 428, H 464, and Senator Cameron was recorded present at this order of business. HCR 41 with the recommendation that they do pass.

February 12, 2002 THORNE, Chairman

The JUDICIARY AND RULES Committee reports that S 1375, H 481, H 428, and H 464 were filed for second S 1411, S 1412, S 1413, S 1414, S 1415, S 1416, S 1417, reading. S 1418, S 1419, S 1420, S 1421, S 1422, S 1423, S 1424, S 1425, S 1426, S 1427, S 1428, S 1429, S 1430, S 1431, HCR 41 was referred to the Tenth Order of Business, S 1432, S 1433, S 1434, S 1435, S 1436, S 1437, S 1438, Motions and Resolutions, and ordered held at the Secretary’s desk S 1439, S 1440, S 1441, S 1442, S 1443, S 1444, S 1445, for one legislative day. SR 104, SJR 103, SCR 127, SCR 128, SCR 129, and SJM 111 have been correctly printed. February 11, 2002

DARRINGTON, Chairman The STATE AFFAIRS Committee reports out H 474 and H 486 with the recommendation that they be referred to the S 1411, S 1412, S 1413, S 1414, S 1415, S 1429, S 1430, Fourteenth Order of Business for amendment. S 1431, S 1432, S 1433, S 1434, and SJR 103 were referred to the Education Committee. SORENSEN, Chairman

S 1416, S 1417, S 1418, and S 1419 were referred to the There being no objection, H 474 and H 486 were referred to Health and Welfare Committee. the Fourteenth Order of Business, General Calendar. [February 12, 2002 SENATE JOURNAL 109

February 11, 2002 and the resolution ordered transmitted to the House.

The STATE AFFAIRS Committee reports out H 388, as The Acting President announced that SCR 126 was before amended, and H 469, as amended, with the recommendation that the Senate for final consideration. they do pass. Moved by Senator Williams, seconded by Senator Marley, that SCR 126 be adopted. The question being, “Shall the SORENSEN, Chairman resolution be adopted?”

H 388, as amended, and H 469, as amended, were filed for Roll call vote was requested by Senators Noh, Ingram, and second reading. Schroeder.

On request by Senator Davis, granted by unanimous consent, Roll call resulted as follows: the Senate advanced to the Ninth Order of Business. AYES--Bartlett (Branch), Boatright, Brandt, Burtenshaw, Cameron, Darrington, Deide, Frasure, Hawkins, Hill, Ipsen, Messages from the House Keough, King-Barrutia, Sims, Thorne, Wheeler, Williams. Total - 17. February 11, 2002 NAYS--Andreason, Bunderson, Davis, Dunklin, Goedde, Mr. President: Ingram, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett. Total - 16. I transmit herewith H 398, H 399, H 492, H 560, H 403, Absent and excused--Geddes, Richardson. Total - 2. H 498, H 499, H 501, and H 485 which have passed the House. Total - 35. JUKER, Chief Clerk Whereupon the Acting President declared SCR 126 H 398, H 399, H 492, H 560, H 403, H 498, H 499, adopted, title was approved, and the resolution ordered H 501, and H 485 were filed for first reading. transmitted to the House.

February 11, 2002 On request by Senator Davis, granted by unanimous consent, the State Affairs Committee report relative to the Gubernatorial appointment of Estella Zamora retained its place on the calendar. Mr. President: There being no objection, the Senate went at ease and the I transmit herewith Enrolled H 392, H 400, and H 456 for Acting President called Senator Brandt to the Chair to preside the signature of the President. over the Senate Lincoln Day Memorial Service.

JUKER, Chief Clerk The annual Lincoln Day Memorial Service was presented to the members of the Senate with Senator Brandt presiding. A The Acting President announced that Enrolled H 392, recitation by Dr. Greg Schildwachter, of the Office of Species Conservation, was presented. A patriotic tribute by the Quartet H 400, and H 456 will be held at the Secretary’s desk for the Rhapsody, consisting of George Gorsuch, Brian Jardine, Perry signature of the President, and when so signed, will be returned Washburn, and Dave Durfee closed the program. to the House. Following the Lincoln Day Memorial Service, the Acting The Senate advanced to the Tenth Order of Business. President called the Senate to order.

Motions and Resolutions The Senate advanced to the Eleventh Order of Business.

Senator Hawkins was recorded present at this order of Introduction, First Reading, and Reference of Bills, business. House Petitions, Resolutions, and Memorials

S 1446 The Acting President announced that SCR 124 was before BY STATE AFFAIRS COMMITTEE the Senate for final consideration, the question being, “Shall the AN ACT resolution be adopted?” RELATING TO DISCLOSURES OF PAID POLITICAL ADVERTISING; REPEALING SECTION 67-6614A, IDAHO On motion by Senator Andreason, seconded by Senator CODE; AMENDING CHAPTER 66, TITLE 67, IDAHO Marley, SCR 124 was adopted by voice vote, title was approved, CODE, BY THE ADDITION OF A NEW SECTION 67-6614A, and the resolution ordered transmitted to the House. IDAHO CODE, TO PROVIDE REQUIREMENTS FOR DISCLOSURES OF PAID POLITICAL ADVERTISING The Acting President announced that SCR 125 was before ADVOCATING OR OPPOSING CANDIDATES OR the Senate for final consideration, the question being, “Shall the MEASURES AND FOR INDEPENDENT EXPENDITURES; resolution be adopted?” AMENDING SECTION 67-6629, IDAHO CODE, TO CLARIFY THAT PERSUASIVE POLL REQUIREMENTS On motion by Senator Williams, seconded by Senator ALSO APPLY TO MEASURES; AND DECLARING AN Marley, SCR 125 was adopted by voice vote, title was approved, EMERGENCY. 110 SENATE JOURNAL February 12, 2002]

S 1447 S 1446, S 1447, and S 1448 were introduced, read the first BY STATE AFFAIRS COMMITTEE time at length, and referred to the Judiciary and Rules Committee AN ACT for printing. RELATING TO TELECOMMUNICATIONS; AMENDING SECTION 62-603, IDAHO CODE, TO REVISE THE H 398 and H 399, by Mr. Speaker, were introduced, read DEFINITION OF "BASIC LOCAL EXCHANGE SERVICE" the first time at length, and referred to the Education Committee. AND TO PROVIDE A DEFINITION OF "WIRE CENTER"; AND AMENDING SECTION 62-622, IDAHO CODE, TO H 492, by Revenue and Taxation Committee, was AUTHORIZE THE PUBLIC UTILITIES COMMISSION TO introduced, read the first time at length, and referred to the Local CEASE REGULATING THE PRICE OF RESIDENTIAL Government and Taxation Committee. BASIC LOCAL EXCHANGE SERVICE OR BUSINESS BASIC LOCAL EXCHANGE SERVICE FOR ALL, OR A PORTION H 560, by State Affairs Committee, was introduced, read the OF, A LOCAL EXCHANGE AREA UPON A SHOWING first time at length, and referred to the State Affairs Committee. THAT EFFECTIVE COMPETITION FOR SUCH SERVICE EXISTS WITHIN THE AREA, TO PROVIDE THE H 403, by Mr. Speaker, was introduced, read the first time CONDITIONS UNDER WHICH THE PUBLIC UTILITIES at length, and referred to the Judiciary and Rules Committee. COMMISSION MAY FIND THAT EFFECTIVE COMPETITION EXISTS, TO PROVIDE AUTHORITY FOR H 498, H 499, and H 501, by Judiciary, Rules, and THE PUBLIC UTILITIES COMMISSION TO REVIEW Administration Committee, were introduced, read the first time ORDERS AUTHORIZING THE CESSATION OF PRICING at length, and referred to the Judiciary and Rules Committee. REGULATION AND, FOLLOWING COMPLAINT AND HEARING, TO NEGOTIATE OR REQUIRE SUCH CHANGES H 485, by Business Committee, was introduced, read the IN PRICING AS MAY BE NECESSARY IN THE PUBLIC first time at length, and referred to the Commerce and Human INTEREST AND TO PROVIDE THAT THE PUBLIC Resources Committee. UTILITIES COMMISSION SHALL DETERMINE NONDISCRIMINATORY NONECONOMIC REGULATORY The Senate advanced to the Twelfth Order of Business. REQUIREMENTS THAT SHALL BE APPLICABLE TO ALL TELEPHONE CORPORATIONS PROVIDING BASIC LOCAL Second Reading of Bills EXCHANGE SERVICE OR DESIGNATED AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. H 402, by Mr. Speaker, was read the second time at length and filed for third reading. S 1448 BY STATE AFFAIRS COMMITTEE S 1348 and S 1349, by Judiciary and Rules Committee, were AN ACT read the second time at length and filed for third reading. RELATING TO DRUG PUSHER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW; S 1333, by Resources and Environment Committee, was AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION read the second time at length and filed for third reading. OF A NEW CHAPTER 90, TITLE 18, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE A STATEMENT S 1369, by State Affairs Committee, was read the second OF LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO time at length and filed for third reading. SPECIFY THE APPLICATION OF THE PROVISIONS OF THE CHAPTER, TO ESTABLISH A CENTRAL DRUG H 439, as amended in the Senate, by Revenue and Taxation PUSHER REGISTRY AND PROVIDE FOR AGENCY Committee, was read the second time at length and filed for third RESPONSIBILITY, TO REQUIRE NOTICE OF THE DUTY reading. TO REGISTER, TO REQUIRE LOCAL AND ANNUAL REGISTRATION, TO REQUIRE NOTIFICATION OF S 1276, as amended, by Transportation Committee, was read CHANGE OF ADDRESS OR NAME, TO PROVIDE FOR the second time at length and filed for third reading. RELEASE FROM REGISTRATION REQUIREMENTS AND EXPUNGEMENT FROM THE REGISTRY, TO PROVIDE S 1288, as amended, and S 1289, as amended, by Commerce PENALTIES, TO PROVIDE FOR PUBLIC ACCESS TO and Human Resources Committee, were read the second time at DRUG PUSHER OFFENDER REGISTRY INFORMATION, length and filed for third reading. TO PROVIDE FOR THE DISSEMINATION OF REGISTRY INFORMATION, TO PROVIDE EXEMPTION FROM S 1320, as amended, by Transportation Committee, was read CERTAIN LIABILITY AND TO PROVIDE PENALTIES FOR the second time at length and filed for third reading. VIGILANTISM OR OTHER MISUSE OF INFORMATION OBTAINED UNDER THIS CHAPTER; AMENDING S 1325, as amended, by Judiciary and Rules Committee, was SECTION 7-805, IDAHO CODE, TO PROVIDE FOR read the second time at length and filed for third reading. CERTAIN RESTRICTIONS REGARDING APPLICATIONS FOR CHANGE OF NAME FOR CERTAIN CONVICTED DRUG PUSHERS; PROVIDING AN EFFECTIVE DATE S 1356, as amended, by State Affairs Committee, was read PROVIDED FUNDING IS AVAILABLE, PROVIDING AN the second time at length and filed for third reading. EARLIER EFFECTIVE DATE IF CERTAIN EVENTS OCCUR AND PROVIDING A SUNSET CLAUSE IF CERTAIN S 1336, as amended, by Health and Welfare Committee, was EVENTS DO NOT OCCUR. read the second time at length and filed for third reading. [February 12, 2002 SENATE JOURNAL 111

The Senate advanced to the Thirteenth Order of Business. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Third Reading of Bills Wheeler, Williams. Total - 33.

On request by Senator Boatright, granted by unanimous NAYS--None. consent, S 1312, having been held for this day, was referred to the Fourteenth Order of Business, General Calendar. Absent and excused--Geddes, Richardson. Total - 2.

H 430 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Davis arose as sponsor of the bill and opened the debate. The Whereupon the Acting President declared H 441 passed, title question being, “Shall the bill pass?” was approved, and the bill ordered returned to the House.

Roll call resulted as follows: H 442 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Wheeler arose as sponsor of the bill and opened the debate. The Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, question being, “Shall the bill pass?” Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Roll call resulted as follows: Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, NAYS--None. Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Absent and excused--Geddes, Richardson. Total - 2. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. Total - 35. NAYS--None. Whereupon the Acting President declared H 430 passed, title was approved, and the bill ordered returned to the House. Absent and excused--Geddes, Richardson. Total - 2.

H 440 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Stegner arose as sponsor of the bill and opened the debate. The Whereupon the Acting President declared H 442 passed, title question being, “Shall the bill pass?” was approved, and the bill ordered returned to the House.

Roll call resulted as follows: H 455 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Ipsen arose as sponsor of the bill and opened the debate. The Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, question being, “Shall the bill pass?” Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Roll call resulted as follows: Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, NAYS--None. Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Absent and excused--Geddes, Richardson. Total - 2. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. Total - 35. NAYS--None. Whereupon the Acting President declared H 440 passed, title Absent and excused--Geddes, Richardson. Total - 2. was approved, and the bill ordered returned to the House. Total - 35. H 441 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the Acting President declared H 455 passed, title Frasure arose as sponsor of the bill and opened the debate. The was approved, and the bill ordered returned to the House. question being, “Shall the bill pass?” H 471 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Thorne arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Brandt, question being, “Shall the bill pass?” Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Roll call resulted as follows: 112 SENATE JOURNAL February 12, 2002]

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1359 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Sandy arose as sponsor of the bill and opened the debate. The Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, question being, “Shall the bill pass?” Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. Roll call resulted as follows: NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Geddes, Richardson. Total - 2. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Total - 35. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Whereupon the Acting President declared H 471 passed, title Wheeler, Williams. Total - 33. was approved, and the bill ordered returned to the House. NAYS--None. S 1304 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Geddes, Richardson. Total - 2. Schroeder arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the Acting President declared S 1359 passed, AYES--Andreason, Boatright, Brandt, Bunderson, title was approved, and the bill ordered transmitted to the House. Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, S 1361 was read the third time at length, section by section, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, and placed before the Senate for final consideration. Senator Stennett, Thorne, Wheeler. Total - 28. Lodge arose as sponsor of the bill and opened the debate. The

question being, “Shall the bill pass?” NAYS--Bartlett (Branch), Davis, Ipsen, Williams. Total - 4. Roll call resulted as follows: Absent and excused--Geddes, Hawkins, Richardson. Total - 3. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Total - 35. Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Whereupon the Acting President declared S 1304 passed, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, title was approved, and the bill ordered transmitted to the House. Wheeler, Williams. Total - 33.

H 489 was read the third time at length, section by section, NAYS--None. and placed before the Senate for final consideration. Senator Brandt arose as sponsor of the bill and opened the debate. The Absent and excused--Geddes, Richardson. Total - 2. question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the Acting President declared S 1361 passed, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, title was approved, and the bill ordered transmitted to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hill, Ingram, Ipsen, King-Barrutia, On request by Senator Davis, granted by unanimous consent, Little, Lodge, Marley, Noh, Risch, Sandy, Sorensen, Stegner, the Senate advanced to the Fifteenth Order of Business. Stennett, Thorne, Wheeler, Williams. Total - 29. Miscellaneous Business NAYS--Keough, Schroeder, Sims. Total - 3. On motion by Senator Davis, seconded by Senator Marley, Absent and excused--Geddes, Hawkins, Richardson. by voice vote the Senate adjourned at 11:50 a.m. until the hour of Total - 3. 10:30 a.m., Wednesday, February 13, 2002.

Total - 35. JAMES E. RISCH, Acting President Whereupon the Acting President declared H 489 passed, title was approved, and the bill ordered returned to the House. Attest: JEANNINE WOOD, Secretary [February 13, 2002 SENATE JOURNAL 113

______February 12, 2002

The HEALTH AND WELFARE Committee reports out THIRTY-EIGHTH LEGISLATIVE DAY S 1382 with the recommendation that it be referred to the WEDNESDAY, FEBRUARY 13, 2002 Fourteenth Order of Business for amendment.

IPSEN, Chairman Senate Chamber There being no objection, S 1382 was referred to the President Riggs called the Senate to order at 10:30 a.m. Fourteenth Order of Business, General Calendar.

Roll call showed all members present except Senators February 12, 2002 Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Deide, Hawkins, Ingram, Keough, Little, Marley, Richardson, Risch, The COMMERCE AND HUMAN RESOURCES Schroeder, and Stennett, absent and excused. Committee reports out S 1340, S 1341, and S 1342 with the recommendation that they do pass. Prayer was offered by Chaplain C. Leon Johnson. ANDREASON, Chairman The Senate advanced to the Third Order of Business. S 1340, S 1341, and S 1342 were filed for second reading. Reading and Correction of the Journal February 13, 2002 Senator Andreason was recorded present at this order of business. The AGRICULTURAL AFFAIRS Committee reports out S 1379 and S 1380 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 12, 2002, was read WILLIAMS, Chairman and approved as corrected. S 1379 and S 1380 were filed for second reading. DARRINGTON, Chairman February 13, 2002 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The LOCAL GOVERNMENT AND TAXATION Committee reports it has had under consideration the On request by Senator Davis, granted by unanimous consent, Gubernatorial appointment listed below and the Committee the Senate advanced to the Sixth Order of Business. recommends that said appointment be confirmed by the Senate:

Reports of Standing Committees David Kinghorn to the State Board of Tax Appeals, term to expire June 30, 2004. Senators Schroeder and Stennett were recorded present at this order of business. THORNE, Chairman

February 13, 2002 The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at The JUDICIARY AND RULES Committee reports that the Secretary’s desk for one legislative day. S 1446, S 1447, S 1448, and SJR 104 have been correctly printed. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. DARRINGTON, Chairman Messages from the House S 1446, S 1447, and SJR 104 were referred to the State Affairs Committee. February 12, 2002

S 1448 was referred to the Judiciary and Rules Committee. Mr. President:

February 12, 2002 I transmit herewith H 503, H 513, H 528, H 512, H 467, as amended, H 420, as amended, H 516, and H 535 which have The EDUCATION Committee reports out S 1384 with the passed the House. recommendation that it do pass. JUKER, Chief Clerk SCHROEDER, Chairman H 503, H 513, H 528, H 512, H 467, as amended, H 420, S 1384 was filed for second reading. as amended, H 516, and H 535 were filed for first reading. 114 SENATE JOURNAL February 13, 2002]

February 12, 2002 On request by Senator Davis, granted by unanimous consent, the Gubernatorial appointment of Estella Zamora was placed Mr. President: before the Senate for consideration at this time.

I transmit herewith Enrolled H 401 for the signature of the The President Pro Tempore announced that the State Affairs President. Committee report, having been held, relative to the Gubernatorial appointment of Estella Zamora, was before the Senate for final JUKER, Chief Clerk consideration, the question being, “Shall the report be adopted?”

The President signed Enrolled H 401 and ordered it returned On motion by Senator Richardson, seconded by Senator to the House. Stennett, the Gubernatorial appointment of Estella Zamora as a member of the Idaho Human Rights Commission was confirmed The Senate advanced to the Tenth Order of Business. by voice vote.

Motions and Resolutions The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of the The President called President Pro Tempore Geddes to the Gubernatorial appointment confirmation for his signature, attested Chair. to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. Senators Boatright, Bunderson, Burtenshaw, Ingram, Keough, Little, Richardson, and Risch were recorded present at The Senate advanced to the Eleventh Order of Business. this order of business. Introduction, First Reading, and Reference of Bills, On request by Senator Davis, granted by unanimous consent, House Petitions, Resolutions, and Memorials the State Affairs Committee report relative to the Gubernatorial appointment of Estella Zamora retained its place on the calendar. H 503, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. On request by Senator Davis, granted by unanimous consent, SR 104 retained its place on the calendar. H 513 and H 528, by Revenue and Taxation Committee, were introduced, read the first time at length, and referred to the The President Pro Tempore announced that SCR 127 was Local Government and Taxation Committee. before the Senate for final consideration. H 512, by Business Committee, was introduced, read the Moved by Senator Sims, seconded by Senator Boatright, that first time at length, and referred to the Education Committee. SCR 127 be adopted. The question being, “Shall the resolution be adopted?” H 467, as amended, by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and Roll call resulted as follows: referred to the Judiciary and Rules Committee.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 420, as amended, by Mr. Speaker, was introduced, read Bunderson, Burtenshaw, Darrington, Davis, Dunklin, Frasure, the first time at length, and referred to the State Affairs Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Committee. Little, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. H 516, by Transportation and Defense Committee, was Total -31. introduced, read the first time at length, and referred to the Transportation Committee. NAYS--None. Absent and excused--Cameron, Deide, Hawkins, Marley. H 535, by Education Committee, was introduced, read the Total - 4. first time at length, and referred to the Education Committee.

Total - 35. The Senate advanced to the Twelfth Order of Business.

Whereupon the President Pro Tempore declared SCR 127 Second Reading of Bills adopted, title was approved, and the resolution ordered transmitted to the House. Senators Hawkins and Marley were recorded present at this order of business. The President Pro Tempore announced that HCR 41 was before the Senate for final consideration, the question being, S 1389 and S 1390, by Local Government and Taxation “Shall the resolution be adopted?” Committee, were read the second time at length and filed for third reading. On motion by Senator Stegner, seconded by Senator Stennett, HCR 41 was adopted by voice vote, title was approved, H 419, by Mr. Speaker, was read the second time at length and the resolution ordered returned to the House. and filed for third reading. [February 13, 2002 SENATE JOURNAL 115

S 1375, by Local Government and Taxation Committee, was NAYS--Andreason, Bartlett (Branch), Boatright, Brandt, read the second time at length and filed for third reading. Bunderson, Cameron, Davis, Deide, Dunklin, Goedde, Hawkins, King-Barrutia, Lodge, Marley, Richardson, Sandy, Schroeder, H 481, by Revenue and Taxation Committee, was read the Sorensen, Stegner, Stennett, Williams. Total - 21. second time at length and filed for third reading. Total - 35. H 428, by Local Government Committee, was read the second time at length and filed for third reading. Whereupon the President Pro Tempore declared that S 1333 had failed to pass the Senate and ordered the bill filed in the H 464, by Revenue and Taxation Committee, was read the office of the Secretary of the Senate. second time at length and filed for third reading. S 1369 was read the third time at length, section by section, H 388, as amended, by Mr. Speaker, was read the second and placed before the Senate for final consideration. Senator time at length and filed for third reading. Richardson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 469, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. Roll call resulted as follows:

The Senate advanced to the Thirteenth Order of Business. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Third Reading of Bills Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, H 402 was read the third time at length, section by section, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, and placed before the Senate for final consideration. Senator Thorne, Wheeler, Williams. Total - 34. Stegner arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--None.

Roll call resulted as follows: Absent and excused--Cameron. Total - 1.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Whereupon the President Pro Tempore declared S 1369 Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, passed, title was approved, and the bill ordered transmitted to the Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, House. Thorne, Wheeler, Williams. Total - 34. H 439, as amended in the Senate, was read the third time at NAYS--None. length, section by section, and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and Absent and excused--Cameron. Total - 1. opened the debate. The question being, “Shall the bill pass?”

Total - 35. Roll call resulted as follows:

Whereupon the President Pro Tempore declared H 402 AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, passed, title was approved, and the bill ordered returned to the Burtenshaw, Deide, Dunklin, Frasure, Goedde, Hill, Ingram, House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, On request by Senator Richardson, granted by unanimous Thorne, Wheeler, Williams. Total - 28. consent, S 1348 retained its place on the Third Reading Calendar for one legislative day. NAYS--Boatright, Darrington, Davis, Geddes, Hawkins, Schroeder. Total - 6. On request by Senator Darrington, granted by unanimous consent, S 1349 was referred to the Fourteenth Order of Absent and excused--Cameron. Total - 1. Business, General Calendar. Total - 35. S 1333 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President Pro Tempore declared H 439, as Little arose as sponsor of the bill and opened the debate. The amended in the Senate, passed, title was approved, and the bill question being, “Shall the bill pass?” ordered returned to the House.

Roll call resulted as follows: Having voted on the prevailing side by which S 1333 failed to pass the Senate, Senator Hawkins served notice that he may on AYES--Burtenshaw, Darrington, Frasure, Geddes, Hill, the next legislative day move for reconsideration of the vote. Ingram, Ipsen, Keough, Little, Noh, Risch, Sims, Thorne, Wheeler. Total - 14. S 1333 was ordered held at the Secretary’s desk. 116 SENATE JOURNAL February 14, 2002]

S 1276, as amended, was read the third time at length, ______section by section, and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” THIRTY-NINTH LEGISLATIVE DAY THURSDAY, FEBRUARY 14, 2002 Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Senate Chamber Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, President Riggs called the Senate to order at 11 a.m. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Roll call showed all members present except Senator Thorne, Wheeler, Williams. Total - 34. Stennett, absent and formally excused by the Chair; and Senators Cameron, Hawkins, Ingram, King-Barrutia, and Stegner, absent NAYS--None. and excused.

Absent and excused--Cameron. Total - 1. Prayer was offered by Chaplain C. Leon Johnson.

Total - 35. The Senate advanced to the Third Order of Business.

Whereupon the President Pro Tempore declared S 1276, as Reading and Correction of the Journal amended, passed, title was approved, and the bill ordered transmitted to the House. Senators Hawkins, Ingram, and Stegner were recorded present at this order of business. S 1288, as amended, was read the third time at length, section by section, and placed before the Senate for final The JUDICIARY AND RULES Committee reports that the consideration. Senator Brandt arose as sponsor of the bill and Senate Journal of the proceedings of February 13, 2002, was read and approved as corrected. opened the debate. The question being, “Shall the bill pass?” DARRINGTON, Chairman Roll call resulted as follows: There being no objection, the report was adopted and AYES--Andreason, Bartlett (Branch), Boatright, Brandt, ordered filed in the office of the Secretary of the Senate. Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, On request by Senator Risch, granted by unanimous consent, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, the Senate advanced to the Fifth Order of Business. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Petitions, Resolutions, and Memorials Senator Cameron was recorded present at this order of NAYS--None. business.

Absent and excused--Cameron. Total - 1. SJM 112 BY STATE AFFAIRS COMMITTEE Total - 35. A JOINT MEMORIAL TO THE SENATE AND HOUSE OF REPRESENTATIVES OF Whereupon the President Pro Tempore declared S 1288, as THE UNITED STATES IN CONGRESS ASSEMBLED, AND amended, passed, title was approved, and the bill ordered TO THE CONGRESSIONAL DELEGATION REPRESENTING transmitted to the House. THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES. On request by Senator Risch, granted by unanimous consent, We, your Memorialists, the Senate and the House of the Senate advanced to the Fifteenth Order of Business. Representatives of the State of Idaho assembled in the Second Regular Session of the Fifty-sixth Idaho Legislature, do hereby Miscellaneous Business respectfully represent that:

On motion by Senator Risch, seconded by Senator Stennett, WHEREAS, the damage and loss of life resulting from the by voice vote the Senate adjourned at 12 noon until the hour of terrorist events of September 11th were and are a tremendous 11 a.m., Thursday, February 14, 2002. burden on the financial viability of the American insurance industry; and ROBERT L. GEDDES, President Pro Tempore WHEREAS, both domestic and offshore reinsurance markets have adopted restrictive language concerning coverage of future Attest: JEANNINE WOOD, Secretary damages resulting from terrorist activities; and [February 14, 2002 SENATE JOURNAL 117

WHEREAS, financiers are reluctant to lend money without H 431, H 432, and H 423 were filed for second reading. adequate insurance coverage on their collateral and businesses are reluctant to invest for the same reason; and February 13, 2002 WHEREAS, businesses and public entities have experienced rate increases of one thousand percent or more for terrorism The STATE AFFAIRS Committee reports out S 1298 with insurance from the few insurance carriers still offering the the recommendation that it be referred to the Fourteenth Order of coverage; and Business for amendment. WHEREAS, the state of Idaho contains several facilities which have been damaged in the past or would be choice targets SORENSEN, Chairman for terrorist activity in the future. NOW, THEREFORE, BE IT RESOLVED by the members There being no objection, S 1298 was referred to the of the Second Regular Session of the Fifty-sixth Idaho Fourteenth Order of Business, General Calendar. Legislature, the Senate and the House of Representatives concurring therein, that the Legislature calls for United States February 14, 2002 congressional action in establishing a backstop to insure stability in the insurance marketplace and affordable availability of The LOCAL GOVERNMENT AND TAXATION insurance covering terrorist activities. Such support needs to exist Committee reports out S 1391 with the recommendation that it be until such time as private insurance companies can again be a significant market source of terrorism insurance. referred to the Fourteenth Order of Business for amendment. BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby authorized and directed to forward THORNE, Chairman a copy of this Memorial to the President of the Senate and the Speaker of the House of Representatives of Congress, and the There being no objection, S 1391 was referred to the congressional delegation representing the State of Idaho in the Fourteenth Order of Business, General Calendar. Congress of the United States. February 14, 2002 SJM 112 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. The EDUCATION Committee reports out S 1362, S 1363, The Senate advanced to the Sixth Order of Business. S 1383, and SJR 103 with the recommendation that they do pass.

Reports of Standing Committees SCHROEDER, Chairman

Senator King-Barrutia was recorded present at this order of S 1362, S 1363, S 1383, and SJR 103 were filed for second business. reading.

February 13, 2002 February 14, 2002 The JUDICIARY AND RULES Committee reports out The EDUCATION Committee reports out S 1431 with the S 1360 with the recommendation that it be referred to the recommendation that it be referred to the Fourteenth Order of Fourteenth Order of Business for amendment. Business for amendment. DARRINGTON, Chairman SCHROEDER, Chairman There being no objection, S 1360 was referred to the There being no objection, S 1431 was referred to the Fourteenth Order of Business, General Calendar. Fourteenth Order of Business, General Calendar. February 13, 2002 On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The COMMERCE AND HUMAN RESOURCES Committee reports out S 1378 with the recommendation that it do Messages from the House pass. February 13, 2002 ANDREASON, Chairman Mr. President: S 1378 was filed for second reading. I transmit herewith HCR 48, H 594, H 544, H 546, H 549, February 13, 2002 and H 559 which have passed the House.

The STATE AFFAIRS Committee reports out H 431, JUKER, Chief Clerk H 432, and H 423 with the recommendation that they do pass. HCR 48, H 594, H 544, H 546, H 549, and H 559 were SORENSEN, Chairman filed for first reading. 118 SENATE JOURNAL February 14, 2002]

February 13, 2002 The Senate advanced to the Eleventh Order of Business.

Mr. President: Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials I transmit herewith Enrolled H 405, H 508, H 509, H 510, H 511, H 426, and H 427 for the signature of the President. S 1449 BY JUDICIARY AND RULES COMMITTEE JUKER, Chief Clerk AN ACT The President signed Enrolled H 405, H 508, H 509, H 510, RELATING TO MOTOR VEHICLES; AMENDING SECTION H 511, H 426, and H 427 and ordered them returned to the 49-625, IDAHO CODE, TO PROVIDE THAT DRIVERS House. MUST DRIVE TO A POSITION PARALLEL TO AND AS CLOSE AS POSSIBLE TO THE RIGHT-HAND EDGE OF The Senate advanced to the Tenth Order of Business. THE ROADWAY UPON THE IMMEDIATE APPROACH OF AN AUTHORIZED EMERGENCY OR POLICE VEHICLE Motions and Resolutions THAT IS USING AUDIBLE OR VISIBLE SIGNALS AND TO PROVIDE FOR RULES OF THE ROAD FOR MOTOR Having voted on the prevailing side and proper notice having VEHICLES APPROACHING STATIONARY EMERGENCY been served, Senator Hawkins requested unanimous consent that OR POLICE VEHICLES THAT ARE USING EMERGENCY the vote by which S 1333 failed to pass the Senate be now reconsidered. LIGHTS.

Senator Hawkins’ request was granted by unanimous S 1450 consent, and S 1333 was placed before the Senate for final BY JUDICIARY AND RULES COMMITTEE consideration. The question being, “Shall S 1333 pass?” AN ACT RELATING TO THE STATE APPELLATE PUBLIC Roll call resulted as follows: DEFENDER; AMENDING SECTION 19-870, IDAHO CODE, TO PROVIDE THAT FOR DEFENDANTS SENTENCED IN AYES--Andreason, Bartlett (Branch), Boatright, Brandt, CERTAIN COUNTIES IN CAPITAL CASES, IF THE STATE Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, APPELLATE PUBLIC DEFENDER OBTAINS A NEW Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, SENTENCING HEARING IN A POSTCONVICTION Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. PROCEEDING OR ON APPEAL, THE STATE APPELLATE Total - 31. PUBLIC DEFENDER SHALL CONTINUE TO REPRESENT THE CAPITAL DEFENDANT IN A RESENTENCING AND NAYS--None. SHALL BE RESPONSIBLE FOR OBTAINING CONFLICT COUNSEL FOR POSTCONVICTION FOLLOWING Absent and excused--Bunderson, Ingram, King-Barrutia, REIMPOSITION OF THE SENTENCE SHOULD THAT Stennett. Total - 4. OCCUR AND TO MAKE TECHNICAL CORRECTIONS; AND

DECLARING AN EMERGENCY. Total - 35.

Whereupon the President declared that S 1333 passed, title S 1451 was approved, and the bill ordered transmitted to the House. BY JUDICIARY AND RULES COMMITTEE AN ACT On request by Senator Davis, granted by unanimous consent, RELATING TO MALICIOUS DESTRUCTION OF A SR 104 retained its place on the calendar for March 1, 2002. TELECOMMUNICATION LINE OR TELECOMMUNICATION INSTRUMENT; AMENDING The President announced the Local Government and CHAPTER 68, TITLE 18, IDAHO CODE, BY THE Taxation Committee report, relative to the Gubernatorial ADDITION OF A NEW SECTION 18-6810, IDAHO CODE, appointment of David Kinghorn, was before the Senate for final TO PROVIDE FOR THE CRIME OF MALICIOUS consideration, the question being, “Shall the report be adopted?” DESTRUCTION OF A TELECOMMUNICATION LINE OR TELECOMMUNICATION INSTRUMENT AND TO PROVIDE On motion by Senator Hawkins, seconded by Senator PENALTIES. Marley, the Gubernatorial appointment of David Kinghorn as a member of the State Board of Tax Appeals was confirmed by S 1452 voice vote. BY STATE AFFAIRS COMMITTEE AN ACT The President declared the report adopted and directed the RELATING TO PUBLIC EMPLOYEE RETIREMENT Secretary of the Senate to prepare a letter of the Gubernatorial BENEFITS; AMENDING CHAPTER 13, TITLE 59, IDAHO appointment confirmation for his signature, attested to by the CODE, BY THE ADDITION OF A NEW SECTION 59-1366, Secretary, to be transmitted to the Governor informing him of the IDAHO CODE, TO REQUIRE THAT RIGHTS TO HEALTH action of the Senate. INSURANCE COVERAGE BE MAINTAINED. [February 14, 2002 SENATE JOURNAL 119

S 1453 H 549 and H 559, by Revenue and Taxation Committee, BY STATE AFFAIRS COMMITTEE were introduced, read the first time at length, and referred to the AN ACT Local Government and Taxation Committee. RELATING TO THE PUBLIC EMPLOYEE RETIREMENT SYSTEM; AMENDING SECTION 59-1363, IDAHO CODE, The Senate advanced to the Twelfth Order of Business. TO PROVIDE THAT AN ACTIVE MEMBER WHO IS VESTED MAY PURCHASE UP TO FORTY-EIGHT MONTHS Second Reading of Bills OF MEMBERSHIP SERVICE THAT DOES NOT OTHERWISE QUALIFY AS PAST PUBLIC EMPLOYEE SERVICE; AMENDING CHAPTER 13, TITLE 59, IDAHO CODE, BY S 1384, by Education Committee, was read the second time THE ADDITION OF A NEW SECTION 59-1364, IDAHO at length and filed for third reading. CODE, TO PROVIDE THAT AN ACTIVE MEMBER WHO IS VESTED MAY PURCHASE PAST SERVICE EARNED AS A S 1340, S 1341, and S 1342, by Commerce and Human PUBLIC EMPLOYEE IN ANOTHER STATE, TO PROVIDE Resources Committee, were read the second time at length and FOR PROOF OF SERVICE, TO PROVIDE FOR COST OF filed for third reading. PURCHASES, TO PROVIDE HOW PURCHASE OF PAST SERVICE MAY BE MADE AND TO PROVIDE IF THE S 1379 and S 1380, by Agricultural Affairs Committee, were PURCHASER HAS NOT COMPLETED PURCHASE AT THE read the second time at length and filed for third reading. TIME OF RETIREMENT, THE FIRST BENEFITS FROM THE PUBLIC EMPLOYEE RETIREMENT SYSTEM SHALL BE APPLIED TO PAY THE AMOUNT DUE. The Senate advanced to the Thirteenth Order of Business.

S 1454 Third Reading of Bills BY STATE AFFAIRS COMMITTEE AN ACT S 1348, having been held, was read the third time at length, RELATING TO LIENS; AMENDING SECTION 45-507, section by section, and placed before the Senate for final IDAHO CODE, TO PROVIDE THAT A COPY OF A CLAIM consideration. Senator Richardson arose as sponsor of the bill OF LIEN SHALL BE PERSONALLY DELIVERED OR and opened the debate, the question being, “Shall the bill pass?” MAILED NO LATER THAN FIVE BUSINESS DAYS FOLLOWING THE FILING OF SUCH CLAIM OF LIEN; Moved by Senator Dunklin, seconded by Senator Schroeder, AND AMENDING CHAPTER 5, TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-525, IDAHO that S 1348 be referred to the Fourteenth Order of Business for CODE, TO REQUIRE THAT GENERAL CONTRACTORS amendment. The question being, “Shall the motion prevail?” DISCLOSE CERTAIN INFORMATION TO OWNERS AND PURCHASERS OF RESIDENTIAL REAL PROPERTY. Whereupon the President declared that the motion, by voice vote, to refer S 1348 to the Fourteenth Order for amendment did S 1455 not prevail. BY STATE AFFAIRS COMMITTEE AN ACT The question being, “Shall S 1348 pass?” RELATING TO CERTAIN TRESPASS CRIMES; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE On request by Senator Richardson, granted by unanimous ADDITION OF A NEW SECTION 18-7041, IDAHO CODE, consent, S 1348 retained its place on the Third Reading Calendar TO DEFINE TERMS, TO PROVIDE A MISDEMEANOR for one legislative day. CRIME OF INTERFERENCE WITH COMMERCE, TO PROVIDE A FELONY CRIME OF INTERFERENCE WITH COMMERCE, TO PROVIDE PENALTIES, TO PROVIDE On request by Senator Bunderson, granted by unanimous APPLICATION OF FEDERAL LABOR RELATIONS consent, S 1389 was referred to the Fourteenth Order of STATUTES AND TO PROVIDE APPLICATION OF Business, General Calendar. CERTAIN FEDERAL AND STATE CONSTITUTIONAL PROVISIONS. On request by Senator Bunderson, granted by unanimous consent, S 1390 retained its place on the Third Reading Calendar S 1449, S 1450, S 1451, S 1452, S 1453, S 1454, and for Thursday, February 21, 2002. S 1455 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. On request by Senator Risch, granted by unanimous consent, HCR 48, by Business Committee, was introduced, read at the Senate advanced to the Fifteenth Order of Business. length, and referred to the Commerce and Human Resources Committee. Miscellaneous Business

H 594, by Judiciary, Rules, and Administration Committee, On motion by Senator Risch, seconded by Senator Dunklin, was introduced, read the first time at length, and referred to the by voice vote the Senate adjourned at 12:15 p.m. until the hour Judiciary and Rules Committee. of 10:30 a.m., Friday, February 15, 2002.

H 544 and H 546, by Education Committee, were JACK RIGGS, President introduced, read the first time at length, and referred to the Education Committee. Attest: JEANNINE WOOD, Secretary 120 SENATE JOURNAL February 15, 2002]

______February 14, 2002

The COMMERCE AND HUMAN RESOURCES FORTIETH LEGISLATIVE DAY Committee reports out H 407, H 412, S 1402, and S 1406 with FRIDAY, FEBRUARY 15, 2002 the recommendation that they do pass. ANDREASON, Chairman

Senate Chamber H 407, H 412, S 1402, and S 1406 were filed for second reading. At the request of President Riggs, Acting President Davis called the Senate to order at 10:30 a.m. February 14, 2002

Roll call showed all members present except Senator The TRANSPORTATION Committee reports out S 1396 Stennett, absent and formally excused by the Chair; and Senators with the recommendation that it do pass. Cameron, Darrington, Frasure, Goedde, Noh, and Sandy, absent FRASURE, Chairman and excused. S 1396 was filed for second reading. Prayer was offered by Acting Senator Bartlett. February 14, 2002 The Senate advanced to the Third Order of Business. The TRANSPORTATION Committee reports out S 1395 Reading and Correction of the Journal with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Senator Frasure was recorded present at this order of business. FRASURE, Chairman There being no objection, S 1395 was referred to the The JUDICIARY AND RULES Committee reports that the Fourteenth Order of Business, General Calendar. Senate Journal of the proceedings of February 14, 2002, was read and approved as corrected. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. DARRINGTON, Chairman Messages from the House There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Senator Cameron was recorded present at this order of business. On request by Senator Risch, granted by unanimous consent, February 14, 2002 the Senate advanced to the Sixth Order of Business. Mr. President: Reports of Standing Committees I transmit herewith H 534 which has passed the House. Senator Goedde was recorded present at this order of business. JUKER, Chief Clerk

February 14, 2002 H 534 was filed for first reading.

The JUDICIARY AND RULES Committee reports that February 14, 2002 S 1449, S 1450, S 1451, S 1452, S 1453, S 1454, S 1455, and SJM 112 have been correctly printed. Mr. President: I transmit herewith Enrolled H 430, H 440, H 441, H 442, DARRINGTON, Chairman H 455, H 471, and H 489 for the signature of the President.

S 1449, S 1450, S 1451, and S 1455 were referred to the JUKER, Chief Clerk Judiciary and Rules Committee. The Acting President announced that Enrolled H 430, S 1452, S 1453, and S 1454 were referred to the Commerce H 440, H 441, H 442, H 455, H 471, and H 489 will be held at and Human Resources Committee. the Secretary’s desk for the signature of the President, and when so signed, will be returned to the House. SJM 112 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk On request by Senator Risch, granted by unanimous consent, for one legislative day. the Senate advanced to the Eleventh Order of Business. [February 15, 2002 SENATE JOURNAL 121

Introduction, First Reading, and Reference of Bills, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, House Petitions, Resolutions, and Memorials Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Senators Darrington, Noh, and Sandy were recorded present King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, at this order of business. Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 33. H 534, by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. NAYS--None.

The Senate advanced to the Twelfth Order of Business. Absent and excused--Hawkins, Stennett. Total - 2.

Second Reading of Bills Total - 35.

On request by Senator Deide, granted by unanimous consent, Whereupon the Acting President declared S 1289, as SJR 103 was recommitted to the Education Committee. amended, passed, title was approved, and the bill ordered transmitted to the House. S 1378, by Commerce and Human Resources Committee, was read the second time at length and filed for third reading. S 1320, as amended, was read the third time at length, section by section, and placed before the Senate for final H 431 and H 432, by State Affairs Committee, were read consideration. Senator Deide arose as sponsor of the bill and the second time at length and filed for third reading. opened the debate. The question being, “Shall the bill pass?”

H 423, by Mr. Speaker, was read the second time at length Roll call resulted as follows: and filed for third reading. AYES--Boatright, Bunderson, Deide, Dunklin, Frasure, S 1362, S 1363, and S 1383, by Education Committee, were Keough, King-Barrutia, Little, Marley, Risch, Sandy, Schroeder, read the second time at length and filed for third reading. Stegner, Thorne, Wheeler. Total - 15.

The Senate advanced to the Thirteenth Order of Business. NAYS--Andreason, Bartlett (Branch), Brandt, Burtenshaw, Cameron, Darrington, Davis, Geddes, Goedde, Hawkins, Hill, Third Reading of Bills Ingram, Ipsen, Lodge, Noh, Richardson, Sims, Sorensen, Williams. Total - 19. The Acting President announced that S 1348, having previously been read the third time at length and debate having Absent and excused--Stennett. Total - 1. previously been opened, was before the Senate for final consideration as this time. Senator Richardson arose as sponsor Total - 35. of the bill and re-opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared that S 1320, as amended, had failed to pass the Senate and ordered the bill filed Roll call resulted as follows: in the office of the Secretary of the Senate.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1325, as amended, was read the third time at length, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, section by section, and placed before the Senate for final Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, consideration. Senator Lodge arose as sponsor of the bill and Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, opened the debate. The question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 34. Roll call resulted as follows:

NAYS--None. AYES--Andreason, Bartlett (Branch), Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Absent and excused--Stennett. Total - 1. Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sorensen, Stegner, Thorne, Williams. Total - 35. Total - 24.

Whereupon the Acting President declared S 1348 passed, NAYS--Boatright, Brandt, Bunderson, Frasure, Geddes, title was approved, and the bill ordered transmitted to the House. Hawkins, Ipsen, Schroeder, Sims, Wheeler. Total - 10.

S 1289, as amended, was read the third time at length, Absent and excused--Stennett. Total - 1. section by section, and placed before the Senate for final consideration. Senators Lodge and Dunklin arose as co-sponsors Total - 35. of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared S 1325, as amended, passed, title was approved, and the bill ordered Roll call resulted as follows: transmitted to the House. 122 SENATE JOURNAL February 18, 2002]

On request by Senator Risch, granted by unanimous consent, Roll call showed all members present except Senators S 1356, as amended, retained its place on the Third Reading Burtenshaw, Deide, Dunklin, Hawkins, Keough, Sandy, Calendar for one legislative day. Schroeder, Stennett, and Thorne, absent and excused.

Prayer was offered by Chaplain C. Leon Johnson. S 1336, as amended, was read the third time at length, section by section, and placed before the Senate for final The Senate advanced to the Third Order of Business. consideration. Senator Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Reading and Correction of the Journal

Roll call resulted as follows: Senator Dunklin was recorded present at this order of business. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The JUDICIARY AND RULES Committee reports that the Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Senate Journal of the proceedings of February 15, 2002, was read and approved as corrected. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, DARRINGTON, Chairman Thorne, Wheeler, Williams. Total - 34. There being no objection, the report was adopted and NAYS--None. ordered filed in the office of the Secretary of the Senate.

Absent and excused--Stennett. Total - 1. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Total - 35. Reports of Standing Committees Whereupon the Acting President declared S 1336, as Senators Schroeder and Stennett were recorded present at amended, passed, title was approved, and the bill ordered this order of business. transmitted to the House. February 15, 2002 On request by Senator Bunderson, granted by unanimous The RESOURCES AND ENVIRONMENT Committee consent, S 1390 was referred to the Fourteenth Order of reports it has had under consideration the Gubernatorial Business, General Calendar. appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Leonard Beck to the Idaho Water Resource Board, term to expire January 1, 2005; Miscellaneous Business Gary Chamberlain to the Idaho Water Resource Board, term On motion by Senator Risch, seconded by Senator Marley, to expire January 1, 2003; by voice vote the Senate adjourned at 12 noon until the hour of Joseph L. Jordan to the Idaho Water Resource Board, term 9 a.m., Monday, February 18, 2002. to expire January 1, 2005;

BART M. DAVIS, Acting President Claude Storer to the Idaho Water Resource Board, term to expire January 1, 2005; Attest: JEANNINE WOOD, Secretary Terry T. Uhling to the Idaho Water Resource Board, term to expire January 1, 2005.

______NOH, Chairman

The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. FORTY-THIRD LEGISLATIVE DAY MONDAY, FEBRUARY 18, 2002 February 15, 2002

The STATE AFFAIRS Committee reports out S 1422, Senate Chamber S 1424, H 560, and H 422, as amended, with the recommendation that they do pass. President Pro Tempore Geddes called the Senate to order at 9 a.m. SORENSEN, Chairman [February 18, 2002 SENATE JOURNAL 123

S 1422, S 1424, H 560, and H 422, as amended, were filed On motion by Senator Goedde, seconded by Senator Marley, for second reading. SJM 112 was adopted by voice vote, title was approved, and the memorial ordered transmitted to the House. February 15, 2002 On request by Senator Risch, granted by unanimous consent, The JUDICIARY AND RULES Committee reports out the Senate went at ease and resolved itself into the Committee for S 1351 with the recommendation that it be referred to the the Memorial Service. Fourteenth Order of Business for amendment. Senators Burtenshaw, Hawkins, Keough, Sandy, and Thorne DARRINGTON, Chairman were recorded present at this order of business.

There being no objection, S 1351 was referred to the MEMORIAL SERVICE Fourteenth Order of Business, General Calendar. The service was conducted by Memorial Service Committee February 15, 2002 Chairman Senator John W. Goedde. The invocation was delivered by Senator Lodge. Violinist Daniel W. Pinkerton of The HEALTH AND WELFARE Committee reports out Coeur d’Alene performed The Star Spangled Banner, Amazing S 1417 and S 1419 with the recommendation that they do pass. Grace, and Ashokan Farewell.

IPSEN, Chairman IN THE SENATE A SENATE MEMORIAL S 1417 and S 1419 were filed for second reading. WHEREAS, the late Senator WILL SHERIDAN On request by Senator Risch, granted by unanimous consent, DEFENBACH passed on during the First Regular Session of the the Senate advanced to the Ninth Order of Business. Fifty-sixth Legislature - to wit, March 1, 2001; WHEREAS, the late Senator WILL SHERIDAN Messages from the House DEFENBACH served in the interest of Ada County during the Thirty-ninth Legislature of the State of Idaho. February 15, 2002 NOW, THEREFORE, BE IT RESOLVED that the Senate of the Second Regular Session of the Fifty-sixth Legislature of the Mr. President: State of Idaho draws public attention by this Memorial to the life and works of Senator WILL SHERIDAN DEFENBACH; and I transmit herewith H 506, H 566, HJM 15, H 567, H 540, BE IT FURTHER RESOLVED that the Senate of the Second H 504, and H 484, and I return herewith S 1290 and S 1303, Regular Session of the Fifty-sixth Legislature extends to the which have passed the House. bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the Secretary of the JUKER, Chief Clerk Senate be, and she is hereby instructed to spread this Memorial upon the Journal of the Senate and to mail copies to the WILL H 506, H 566, HJM 15, H 567, H 540, H 504, and H 484 SHERIDAN DEFENBACH family. were filed for first reading. On motion by Senator Ingram, seconded by Senator S 1290 and S 1303 were referred to the Judiciary and Rules Richardson, the Memorial to the late Senator Will Sheridan Committee for enrolling. Defenbach was adopted by voice vote.

February 15, 2002 IN THE SENATE A SENATE MEMORIAL Mr. President: WHEREAS, the late Senator RODNEY ALTON HANSEN I transmit herewith Enrolled HCR 41 and H 402 for the passed on during the First Regular Session of the Fifty-sixth signature of the President. Legislature - to wit, March 12, 2001; WHEREAS, the late Senator RODNEY ALTON HANSEN JUKER, Chief Clerk served in the interest of Minidoka County during the Thirty-third through the Thirty-eighth Legislatures of the State of Idaho. The President Pro Tempore signed Enrolled HCR 41 and NOW, THEREFORE, BE IT RESOLVED that the Senate H 402 and ordered them returned to the House. of the Second Regular Session of the Fifty-sixth Legislature of the State of Idaho draws public attention by this Memorial to the life The Senate advanced to the Tenth Order of Business. and works of Senator RODNEY ALTON HANSEN; and BE IT FURTHER RESOLVED that the Senate of the Second Regular Session of the Fifty-sixth Legislature extends to the Motions and Resolutions bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the Secretary of the The President Pro Tempore announced that SJM 112 was Senate be, and she is hereby instructed to spread this Memorial before the Senate for final consideration, the question being, upon the Journal of the Senate and to mail copies to the “Shall the memorial be adopted?” RODNEY ALTON HANSEN family. 124 SENATE JOURNAL February 18, 2002]

On motion by Senator Cameron, seconded by Senator S 1458 Darrington, the Memorial to the late Senator Rodney Alton BY JUDICIARY AND RULES COMMITTEE Hansen was adopted by voice vote. AN ACT RELATING TO AGRICULTURAL COMMODITY LIENS; IN THE SENATE AMENDING SECTION 45-1801, IDAHO CODE, TO REVISE A SENATE MEMORIAL DEFINITIONS; AMENDING SECTION 45-1803, IDAHO CODE, TO STRIKE REFERENCE TO LIEN ATTACHMENT WHEREAS, the late Senator DAVID LITTLE passed on ON THE DATE THE AGRICULTURAL PRODUCT IS SOLD during the Second Regular Session of the Fifty-sixth Legislature - TO A PRODUCER AND TO PROVIDE FOR LIEN to wit, January 13, 2002; ATTACHMENT; AND AMENDING SECTION 45-1804, WHEREAS, the late Senator DAVID LITTLE served in the IDAHO CODE, TO STRIKE REFERENCE TO CERTAIN interest of Adams, Boise, Gem, Valley, Idaho, Ada and Canyon CRITERIA PURSUANT TO WHICH A LIEN CAN BE Counties during the Forty-third through the Forty-ninth EXTENDED, TO STRIKE AN INCORRECT CODE Legislatures of the State of Idaho. REFERENCE, TO STRIKE REFERENCE TO THE DATE NOW, THEREFORE, BE IT RESOLVED that the Senate CERTAIN LIENS ARE CREATED AND TO PROVIDE THAT of the Second Regular Session of the Fifty-sixth Legislature of the CERTAIN LIENS SHALL CONTINUE FOR A YEAR. State of Idaho draws public attention by this Memorial to the life and works of Senator DAVID LITTLE; and S 1459 BE IT FURTHER RESOLVED that the Senate of the Second BY JUDICIARY AND RULES COMMITTEE Regular Session of the Fifty-sixth Legislature extends to the AN ACT bereaved family the heartfelt sympathy of this entire body; and RELATING TO CRIMINAL PROCEDURE; AMENDING BE IT FURTHER RESOLVED that the Secretary of the SECTION 19-2601, IDAHO CODE, TO INCREASE THE Senate be, and she is hereby instructed to spread this Memorial PERIOD OF TIME DURING WHICH THE COURT MAY upon the Journal of the Senate and to mail copies to the DAVID SUSPEND THE EXECUTION OF JUDGMENT TO THE LITTLE family. CUSTODY OF THE STATE BOARD OF CORRECTION AND RETAIN JURISDICTION OVER THE PRISONER; AND On motion by Senator Risch, seconded by Senator Stennett, AMENDING SECTION 19-2604, IDAHO CODE, TO the Memorial to the late Senator David Little was adopted by PROVIDE FOR THOSE CASES IN WHICH SENTENCE HAS voice vote. BEEN IMPOSED BUT SUSPENDED FOR THE FIRST TWO HUNDRED FORTY DAYS AND TO MAKE TECHNICAL Former Senator Jim Yost was invited to join the members CORRECTIONS. of the Senate in the Chamber and presented his tribute to his S 1460 colleague, the late Senator Little. BY JUDICIARY AND RULES COMMITTEE AN ACT The Benediction was offered by Senator Davis. RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-520, IDAHO CODE, TO PROVIDE Senator Goedde declared the committee for the Memorial THAT A COURT MAY COMMIT A JUVENILE TO THE Service dissolved. LEGAL CUSTODY OF THE DEPARTMENT OF JUVENILE CORRECTIONS FOR A PERIOD OF TIME NOT TO EXCEED Following the Memorial Service, President Pro Tempore THE JUVENILE'S NINETEENTH BIRTHDAY UNLESS THE Geddes called the Senate to order. CUSTODY REVIEW BOARD DETERMINES THAT EXTENDED TIME IN CUSTODY IS NECESSARY TO The Senate advanced to the Eleventh Order of Business. ADDRESS COMPETENCY DEVELOPMENT, ACCOUNTABILITY AND COMMUNITY PROTECTION, TO Introduction, First Reading, and Reference of Bills, PROVIDE THAT NO JUVENILE SHALL REMAIN IN THE House Petitions, Resolutions, and Memorials CUSTODY OF THE DEPARTMENT BEYOND THE JUVENILE'S TWENTY-FIRST BIRTHDAY AND TO Senator Deide was recorded present at this order of business. PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES IMPLEMENTING THE CUSTODY REVIEW BOARD S 1456 AND THE OPERATIONS AND PROCEDURES OF THE BY FINANCE COMMITTEE BOARD; AMENDING SECTION 20-532, IDAHO CODE, TO AN ACT PROVIDE THAT A JUVENILE OFFENDER COMMITTED APPROPRIATING MONEYS TO THE DIVISION OF HUMAN TO A SECURE FACILITY SHALL REMAIN UNTIL THE RESOURCES FOR FISCAL YEAR 2003; AND LIMITING OFFENDER REACHES NINETEEN YEARS OF AGE, IS THE NUMBER OF AUTHORIZED FULL-TIME RETAINED FOR EXTENDED CUSTODY OR IS RELEASED EQUIVALENT POSITIONS. OR DISCHARGED AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE. S 1457 BY FINANCE COMMITTEE S 1461 AN ACT BY STATE AFFAIRS COMMITTEE APPROPRIATING MONEYS FOR THE PUBLIC EMPLOYEE AN ACT RETIREMENT SYSTEM FOR FISCAL YEAR 2003; RELATING TO THE INFORMATION TECHNOLOGY CLARIFYING THE APPROPRIATION FOR THE RESOURCE MANAGEMENT COUNCIL; AMENDING PORTFOLIO INVESTMENT PROGRAM; AND LIMITING SECTION 67-5745C, IDAHO CODE, TO REVISE THE THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. GENERAL POWERS AND DUTIES OF THE COUNCIL. [February 18, 2002 SENATE JOURNAL 125

S 1462 AYES--Andreason, Bartlett (Branch), Boatright, Brandt, BY STATE AFFAIRS COMMITTEE Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AN ACT Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, RELATING TO VETERANS; AMENDING CHAPTER 2, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, TITLE 65, IDAHO CODE, BY THE ADDITION OF A NEW Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, SECTION 65-208, IDAHO CODE, TO PROVIDE Wheeler, Williams. Total - 33. LEGISLATIVE INTENT AND TO CREATE THE VETERANS TRANSPORTATION FUND; AND APPROPRIATING NAYS--None. MONEYS TO THE VETERANS TRANSPORTATION FUND FOR FISCAL YEAR 2002. Absent and excused--Dunklin, Sandy. Total - 2.

S 1456, S 1457, S 1458, S 1459, S 1460, S 1461, and Total - 35. S 1462, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Whereupon the President Pro Tempore declared H 419 passed, title was approved, and the bill ordered returned to the H 506 and H 566, by Resources and Conservation House. Committee, were introduced, read the first time at length, and referred to the Resources and Environment Committee. S 1375 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator HJM 15, by Commerce and Human Resources Committee, Ipsen arose as sponsor of the bill and opened the debate. The was introduced, read at length, and referred to the Commerce and question being, “Shall the bill pass?” Human Resources Committee. Roll call resulted as follows: H 567, H 540, H 504, and H 484, by Business Committee, were introduced, read the first time at length, and referred to the AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Commerce and Human Resources Committee. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, The Senate advanced to the Twelfth Order of Business. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Second Reading of Bills Wheeler, Williams. Total - 33.

NAYS--None. H 407 and H 412, by Mr. Speaker, were read the second time at length and filed for third reading. Absent and excused--Dunklin, Sandy. Total - 2.

S 1402 and S 1406, by Commerce and Human Resources Total - 35. Committee, were read the second time at length and filed for third reading. Whereupon the President Pro Tempore declared S 1375 passed, title was approved, and the bill ordered transmitted to the S 1396, by Transportation Committee, was read the second House. time at length and filed for third reading. H 481 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator The Senate advanced to the Thirteenth Order of Business. Frasure arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Third Reading of Bills Roll call resulted as follows: S 1356, as amended, having been held, was read the third time at length, section by section, and placed before the Senate AYES--Andreason, Bartlett (Branch), Boatright, Brandt, for final consideration. Senator Stennett arose as sponsor of the Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, bill and opened the debate. The question being, “Shall the bill Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, pass?” Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. On request by Senator Cameron, granted by unanimous consent, S 1356, as amended, was referred to the Fourteenth NAYS--Schroeder. Total - 1. Order of Business, General Calendar. Absent and excused--Dunklin, Sandy. Total - 2. H 419 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Brandt arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President Pro Tempore declared H 481 passed, title was approved, and the bill ordered returned to the Roll call resulted as follows: House. 126 SENATE JOURNAL February 18, 2002]

H 428 was read the third time at length, section by section, Whereupon the President Pro Tempore declared H 388, as and placed before the Senate for final consideration. Senator amended, passed, title was approved, and the bill ordered Hawkins arose as sponsor of the bill and opened the debate. The returned to the House. question being, “Shall the bill pass?” On request by Senator Davis, granted by unanimous consent, Roll call resulted as follows: H 469, as amended, retained its place on the Third Reading Calendar. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1384 was read the third time at length, section by section, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, and placed before the Senate for final consideration. Senator Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Goedde arose as sponsor of the bill and opened the debate. The Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, question being, “Shall the bill pass?” Wheeler, Williams. Total - 33. Roll call resulted as follows: NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Dunklin, Sandy. Total - 2. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Total - 35. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Whereupon the President Pro Tempore declared H 428 Wheeler, Williams. Total - 33. passed, title was approved, and the bill ordered returned to the House. NAYS--None.

H 464 was read the third time at length, section by section, Absent and excused--Dunklin, Sandy. Total - 2. and placed before the Senate for final consideration. Senator Ipsen arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the President Pro Tempore declared S 1384 Roll call resulted as follows: passed, title was approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1340 was read the third time at length, section by section, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, and placed before the Senate for final consideration. Senator Hill Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, arose as sponsor of the bill and opened the debate. The question Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, being, “Shall the bill pass?” Wheeler, Williams. Total - 33. Roll call resulted as follows: NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Dunklin, Sandy. Total - 2. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide,

Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Total - 35. Keough, Little, Lodge, Marley, Richardson, Risch, Sandy, Whereupon the President Pro Tempore declared H 464 Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler. passed, title was approved, and the bill ordered returned to the Total - 30. House. NAYS--Noh, Stennett. Total - 2. H 388, as amended, was read the third time at length, section by section, and placed before the Senate for final Absent and excused--Dunklin, King-Barrutia, Williams. consideration. Senator King-Barrutia arose as sponsor of the bill Total - 3. and opened the debate. The question being, “Shall the bill pass?”

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared S 1340 Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, passed, title was approved, and the bill ordered transmitted to the Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, House. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. S 1341 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--None. Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Dunklin, Sandy. Total - 2.

Total - 35. Roll call resulted as follows: [February 18, 2002 SENATE JOURNAL 127

AYES--Andreason, Boatright, Brandt, Bunderson, SENATE AMENDMENTS TO S 1346 Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, AMENDMENTS TO SECTION 2 Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, On page 1 of the printed bill, in line 16, following "any" Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, insert: "fire,"; also in line 16, delete "biological or" and insert: Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. "biological,"; and also in line 16, following "chemical" insert: Total - 32. "or radioactive"; in line 20, delete "biological or" and insert: "biological,"; and also in line 20, following "chemical" insert: NAYS--None. "or radioactive"; in line 21, delete "stances" and insert: "stance"; in line 24, delete "biological or" and insert: "biological,"; and Absent and excused--Bartlett (Branch), Dunklin, also in line 24, following "chemical" insert: "or radioactive". King-Barrutia. Total - 3. AMENDMENT TO THE BILL Total - 35. On page 1, following line 28, insert: "SECTION 3. An emergency existing therefor, which Whereupon the President Pro Tempore declared S 1341 emergency is hereby declared to exist, this act shall be in full passed, title was approved, and the bill ordered transmitted to the force and effect on and after its passage and approval.". House. CORRECTION TO TITLE On request by Senator Davis, granted by unanimous consent, On page 1, in line 6, following "PUNISHMENT" insert: "; H 469, as amended, having been held, was placed before the AND DECLARING AN EMERGENCY". Senate for consideration at this time. SENATE AMENDMENT TO S 1347 H 469, as amended, was read the third time at length, AMENDMENT TO THE BILL section by section, and placed before the Senate for final On page 2, following line 5, insert: consideration. Senator Sandy arose as sponsor of the bill and "SECTION 3. An emergency existing therefor, which opened the debate. The question being, “Shall the bill pass?” emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.". Roll call resulted as follows: CORRECTIONS TO TITLE AYES--Andreason, Boatright, Brandt, Bunderson, On page 1, in line 8, delete "ITY."" and insert: "ITY"; Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, AND DECLARING AN EMERGENCY.". Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, SENATE AMENDMENT TO S 1312 Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. AMENDMENTS TO THE BILL Total - 32. On page 1 of the printed bill, delete lines 21 through 40; and on page 2, in line 1, delete "SECTION 3" and insert: NAYS--None. "SECTION 2".

Absent and excused--Bartlett (Branch), Dunklin, CORRECTIONS TO TITLE King-Barrutia. Total - 3. On page 1, in line 5, delete "AMENDING SECTION 34-616, IDAHO CODE, TO REVISE ELEC-"; and in line 6, Total - 35. delete "TION PROCEDURES FOR DISTRICT JUDGES;".

Whereupon the President Pro Tempore declared H 469, as SENATE AMENDMENT TO S 1382 amended, passed, title was approved, and the bill ordered AMENDMENTS TO SECTION 7 returned to the House. On page 3 of the printed bill, in line 40, delete "account" and insert: "account fund"; and in line 42, delete "account" and On request by Senator Risch, granted by unanimous consent, insert: "account fund". the Senate advanced to the Fourteenth Order of Business. The committee also has S 1302, H 474, S 1349, S 1360, General Calendar S 1298, S 1391, S 1431, S 1389, S 1395, S 1390, S 1351, S 1356, and H 486 under consideration, reports progress, and The President Pro Tempore declared the Senate resolved into begs leave to sit again. the Committee of the Whole and called Senator Davis to the Chair to preside during the sitting of the Committee of the Whole. DAVIS, Chairman

Following the adjournment of the Committee of the Whole, On motion by Senator Davis, seconded by Senator Stennett, the President Pro Tempore called the Senate to order. the report was adopted by voice vote.

Report of the Committee of the Whole S 1346, as amended, S 1347, as amended, S 1312, as amended, and S 1382, as amended, were referred to the Senator Davis, Chairman of the Committee of the Whole, Judiciary and Rules Committee for engrossing and the reported out S 1346, S 1347, S 1312, and S 1382, without amendments thereto were referred to the Judiciary and Rules recommendation, amended as follows: Committee for printing. 128 SENATE JOURNAL February 19, 2002]

On request by Senator Risch, granted by unanimous consent, S 1458 was referred to the Agricultural Affairs Committee. the Senate advanced to the Fifteenth Order of Business. S 1459 and S 1460 were referred to the Judiciary and Rules Miscellaneous Business Committee.

On motion by Senator Risch, seconded by Senator Stennett, S 1461 and S 1462 were referred to the State Affairs by voice vote the Senate adjourned at 12:10 p.m. until the hour Committee. of 10:30 a.m., Tuesday, February 19, 2002. February 18, 2002 ROBERT L. GEDDES, President Pro Tempore The JUDICIARY AND RULES Committee reports that Attest: JEANNINE WOOD, Secretary S 1290 and S 1303 have been correctly enrolled. ______DARRINGTON, Chairman

The President Pro Tempore signed Enrolled S 1290 and FORTY-FOURTH LEGISLATIVE DAY S 1303 and ordered them transmitted to the House for the TUESDAY, FEBRUARY 19, 2002 signature of the Speaker.

February 19, 2002 Senate Chamber The JUDICIARY AND RULES Committee reports that President Pro Tempore Geddes called the Senate to order at S 1346, as amended, S 1347, as amended, S 1312, as amended, 10:30 a.m. and S 1382, as amended, have been correctly engrossed. Roll call showed all members present except Senators Frasure and Risch, absent and formally excused by the Chair; and DARRINGTON, Chairman Senators Deide, Noh, and Stennett, absent and excused. S 1346, as amended, S 1347, as amended, S 1312, as Prayer was offered by Chaplain C. Leon Johnson. amended, and S 1382, as amended, were filed for first reading.

The Senate advanced to the Third Order of Business. February 19, 2002

Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that Senate amendments to S 1346, S 1347, S 1312, and S 1382 have Senators Noh and Stennett were recorded present at this order of business. been correctly printed.

The JUDICIARY AND RULES Committee reports that the DARRINGTON, Chairman Senate Journal of the proceedings of February 18, 2002, was read and approved as corrected. The report was ordered filed in the office of the Secretary of the Senate. DARRINGTON, Chairman February 18, 2002 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports out S 1344 with the recommendation that it do pass. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman the Senate advanced to the Sixth Order of Business. S 1344 was filed for second reading. Reports of Standing Committees February 18, 2002 February 19, 2002 The STATE AFFAIRS Committee reports out HCR 46 with The JUDICIARY AND RULES Committee reports that the recommendation that it do pass. S 1456, S 1457, S 1458, S 1459, S 1460, S 1461, and S 1462 have been correctly printed. SORENSEN, Chairman

DARRINGTON, Chairman HCR 46 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk S 1456 and S 1457 were referred to the Finance Committee. for one legislative day. [February 19, 2002 SENATE JOURNAL 129

February 18, 2002 On motion by Senator Andreason, seconded by Senator Marley, the Gubernatorial appointment of Terry T. Uhling as a The LOCAL GOVERNMENT AND TAXATION member of the Idaho Water Resource Board was confirmed by Committee reports out H 492, H 513, and H 559 with the voice vote. recommendation that they do pass. The President Pro Tempore declared the report adopted and THORNE, Chairman directed the Secretary of the Senate to prepare letters of the Gubernatorial appointment confirmations for his signature, H 492, H 513, and H 559 were filed for second reading. attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. February 19, 2002 On motion by Senator Davis, seconded by Senator Dunklin, The FINANCE Committee reports out S 1456 and S 1457 by voice vote the following attaches were elected to fill the offices with the recommendation that they do pass. provided for by the Constitution of the State of Idaho and by statute, salaries to be fixed by Senate Resolution 103: FRASURE, Chairman Pages: S 1456 and S 1457 were filed for second reading. Cortney Sue Crapo, St. Anthony Nicholas Walker, Sandpoint On request by Senator Davis, granted by unanimous consent, Daniel Fusselman, Boise the Senate advanced to the Ninth Order of Business. Amy Kerrick, Lewiston Karlee Hondo, Burley Messages from the House Nicole “Niky” Rodriguez, Caldwell Christian Amstutz, Filer February 18, 2002 Ashley Victoria Ward, Inkom Mr. President: Ashley Estelle Scott, Sagle Carol Perry, Boise I transmit herewith H 547, H 518, H 444, H 446, H 447, and H 448 which have passed the House. Whereupon the President Pro Tempore instructed the Sergeant at Arms to escort the attaches to the Secretary’s desk at JUKER, Chief Clerk which time the Oath of Office was administered to the elected attaches and they were escorted from the Chamber. H 547, H 518, H 444, H 446, H 447, and H 448 were filed for first reading. The Senate advanced to the Eleventh Order of Business. The Senate advanced to the Tenth Order of Business. Introduction, First Reading, and Reference of Bills, Motions and Resolutions House Petitions, Resolutions, and Memorials Senator Deide was recorded present at this order of business. S 1463 The President Pro Tempore announced the Resources and BY FINANCE COMMITTEE Environment Committee report, relative to the Gubernatorial AN ACT appointments of Leonard Beck, Gary Chamberlain, Joseph L. APPROPRIATING MONEYS FOR THE DIVISION OF Jordan, Claude Storer, and Terry T. Uhling, was before the Senate for final consideration, the question being, “Shall the FINANCIAL MANAGEMENT FOR FISCAL YEAR 2003; report be adopted?” AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. On motion by Senator Cameron, seconded by Senator Noh, the Gubernatorial appointment of Leonard Beck as a member of the Idaho Water Resource Board was confirmed by voice vote. S 1464 BY FINANCE COMMITTEE On motion by Senator Burtenshaw, seconded by Senator AN ACT Noh, the Gubernatorial appointment of Gary Chamberlain as a APPROPRIATING MONEYS TO THE EXECUTIVE OFFICE member of the Idaho Water Resource Board was confirmed by OF THE GOVERNOR FOR FISCAL YEAR 2003 AND voice vote. LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. On motion by Senator Little, seconded by Senator Stennett, the Gubernatorial appointment of Joseph L. Jordan as a member of the Idaho Water Resource Board was confirmed by voice vote. S 1465 BY FINANCE COMMITTEE On motion by Senator Hawkins, seconded by Senator AN ACT Marley, the Gubernatorial appointment of Claude Storer as a APPROPRIATING MONEYS TO THE DEPARTMENT OF member of the Idaho Water Resource Board was confirmed by LABOR FOR FISCAL YEAR 2003; AND LIMITING THE voice vote. NUMBER OF FULL-TIME EQUIVALENT POSITIONS. 130 SENATE JOURNAL February 19, 2002]

S 1466 S 1417 and S 1419, by Health and Welfare Committee, were BY FINANCE COMMITTEE read the second time at length and filed for third reading. AN ACT APPROPRIATING MONEYS TO THE LIEUTENANT The Senate advanced to the Thirteenth Order of Business. GOVERNOR FOR FISCAL YEAR 2003; EXPRESSING LEGISLATIVE INTENT WITH RESPECT TO CERTAIN Third Reading of Bills EXPENDITURES; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. S 1342 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1467 Goedde arose as sponsor of the bill and opened the debate. The BY HEALTH AND WELFARE COMMITTEE question being, “Shall the bill pass?” AN ACT RELATING TO COMMERCIAL HAZARDOUS WASTE Roll call resulted as follows: DISPOSAL FEES; AMENDING SECTION 39-4427, IDAHO CODE, TO PROVIDE FEES FOR MANIFESTED WASTES, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, TO PROVIDE FEES FOR HAZARDOUS WASTE THAT HAS Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, BEEN TREATED TO MEET LAND DISPOSAL Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, RESTRICTION REQUIREMENTS, TO PROVIDE FEES FOR King-Barrutia, Little, Lodge, Marley, Noh, Richardson, WASTES CONTAINING PCBS AND ALL OTHER WASTES Schroeder, Sorensen, Stennett, Thorne, Wheeler. Total - 28. AND TO PROVIDE TECHNICAL CORRECTIONS. NAYS--Sims, Stegner, Williams. Total - 3. S 1468 BY JUDICIARY AND RULES COMMITTEE Absent and excused--Frasure, Hawkins, Risch, Sandy. AN ACT Total - 4. RELATING TO CRIMINAL JUDGMENTS; AMENDING CHAPTER 25, TITLE 19, IDAHO CODE, BY THE Total - 35. ADDITION OF A NEW SECTION 19-2520A, IDAHO CODE, TO PROVIDE FOR EXTENDED SENTENCES FOR Whereupon the President Pro Tempore declared S 1342 SPECIFIED CRIMES AGAINST PREGNANT VICTIMS. passed, title was approved, and the bill ordered transmitted to the House. S 1463, S 1464, S 1465, S 1466, S 1467, and S 1468 were introduced, read the first time at length, and referred to the On request by Senator Davis, granted by unanimous consent, Judiciary and Rules Committee for printing. H 431 and H 432 retained their place on the Third Reading Calendar for February 22, 2002. S 1346, as amended, S 1347, as amended, and S 1312, as amended, by Judiciary and Rules Committee, were read the first On request by Senator Davis, granted by unanimous consent, time at length and filed for second reading. the Senate advanced to the Fourteenth Order of Business.

S 1382, as amended, by Health and Welfare Committee, was General Calendar read the first time at length and filed for second reading. The President Pro Tempore declared the Senate resolved into the Committee of the Whole and called Senator Davis to the Chair H 547, by Education Committee, was introduced, read the to preside during the sitting of the Committee of the Whole. first time at length, and referred to the Education Committee. Following the adjournment of the Committee of the Whole, H 518, by Transportation and Defense Committee, was the President Pro Tempore called the Senate to order. introduced, read the first time at length, and referred to the State Affairs Committee. Report of the Committee of the Whole Senator Davis, Chairman of the Committee of the Whole, H 444, H 446, H 447, and H 448, by Agricultural Affairs reported out S 1351, without amendment and with the Committee, were introduced, read the first time at length, and recommendation that it be recommitted to the Judiciary and Rules referred to the Agricultural Affairs Committee. Committee; and S 1349 and S 1360 without recommendation, amended as follows: The Senate advanced to the Twelfth Order of Business. SENATE AMENDMENT TO S 1349 Second Reading of Bills AMENDMENT TO SECTION 2 On page 5 of the printed bill, in line 24, following "shall" S 1422 and S 1424, by State Affairs Committee, were read insert: "not". the second time at length and filed for third reading. CORRECTIONS TO TITLE H 560, by State Affairs Committee, was read the second On page 1, in line 7, delete "PROHIBIT SPECIFIED" and time at length and filed for third reading. insert: "PROVIDE THAT CERTAIN"; in line 8, delete "CERTAIN"; and also in line 8, following H 422, as amended, by Mr. Speaker, was read the second "COMMUNICATIONS" insert: "SHALL NOT BE time at length and filed for third reading. UNLAWFUL". [February 20, 2002 SENATE JOURNAL 131

SENATE AMENDMENT TO S 1360 MOTOR VEHICLES WHO FAIL TO FASTEN SAFETY AMENDMENTS TO SECTION 1 RESTRAINTS IN ACCORDANCE WITH LAW MAY BE On page 1 of the printed bill, in line 24, delete SUBJECT TO A TWENTY DOLLAR FINE, TO PROVIDE "motorcycles," and insert: "motorcycles, and"; also in line 24, THAT ENFORCEMENT MAY BE ACCOMPLISHED ONLY delete "husbandry and emergency vehi-" and insert: "husbandry; AS A SECONDARY ACTION WHEN THE OPERATOR OF and emergency vehi-"; delete line 25 and insert: "cles;"; delete THE MOTOR VEHICLE HAS BEEN DETAINED FOR A lines 32 through 37 and insert: "(3) If a person the operator of a SUSPECTED VIOLATION OF ANOTHER". motor vehicle is convicted of a violation of any traffic law, other than a violation of the provisions of sections 49-1229 or 49-1230, The committee also has S 1302, H 474, S 1298, S 1391, Idaho Code, relating to proof of liability insurance, it shall be an S 1431, S 1389, S 1395, S 1390, S 1356, as amended, and H 486 additional infraction for any person to violate the provisions of if under consideration, reports progress, and begs leave to sit again. any occupant of the motor vehicle is not using a safety restraint as required in this section, for which a single fine of twenty-five DAVIS, Chairman dollars ($25.00) shall be imposed upon the operator"; and in line 38, delete "subsection (1) of this section". On motion by Senator Davis, seconded by Senator Stennett, the report was adopted by voice vote. CORRECTIONS TO TITLE On page 1, in line 3, delete "PRIMARY" and insert: S 1349, as amended, and S 1360, as amended, were referred "SECONDARY"; also in line 3, following "BY A" insert: to the Judiciary and Rules Committee for engrossing and the "SINGLE"; and in line 4, delete "TWENTY" and insert: amendments thereto were referred to the Judiciary and Rules "TWENTY-FIVE". Committee for printing.

AMENDMENT TO THE BILL S 1351 was recommitted to the Judiciary and Rules On page 1, following line 10, insert: Committee. "SECTION 1. That Section 49-672, Idaho Code, be, and the same is hereby amended to read as follows: The Senate advanced to the Fifteenth Order of Business. 49-672. PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle operator shall transport a child Miscellaneous Business who: (a) Iis under the age of four (4) years and or weighs less On motion by Senator Davis, seconded by Senator Stennett, than forty (40) pounds in a motor vehicle manufactured with seat by voice vote the Senate adjourned at 12:25 p.m. until the hour belts safety restraints after January 1, 1966, unless the child is of 10:30 a.m., Wednesday, February 20, 2002. properly restrained in a car safety seat that meets the requirements of federal motor vehicle safety standard no. 213; or ROBERT L. GEDDES, President Pro Tempore (b) Is four (4) years of age or older but under fifteen (15) years of age and weighs forty (40) pounds or more in a motor Attest: JEANNINE WOOD, Secretary vehicle manufactured with safety restraints after January 1, 1966, unless the child is properly restrained in a safety restraint that meets the requirements of federal motor vehicle safety standard no. 208. ______(2) The provisions of this section shall not apply: (a) If all of the motor vehicle's seat belts safety restraints are in use, but in such an event any unrestrained child to which this section applies shall be placed in the rear seat of the motor FORTY-FIFTH LEGISLATIVE DAY vehicle, if it is so equipped; or WEDNESDAY, FEBRUARY 20, 2002 (b) When the child is removed from the car safety seat and held by the attendant for the purpose of nursing the child or attending the child's other immediate physiological needs. Senate Chamber (23) The failure to use a child safety seat shall not be considered under any circumstances as evidence of contributory President Pro Tempore Geddes called the Senate to order at negligence, nor shall such failure be admissible as evidence in any 10:30 a.m. civil action with regard to negligence."; and in line 11, delete "SECTION 1" and insert: "SECTION 2". Roll call showed all members present except Senators Dunklin, Frasure, Goedde, Risch, and Sandy, absent and CORRECTIONS TO TITLE formally excused by the Chair; and Senators Boatright, On page 1, in line 2, following "USE;" insert: Bunderson, Burtenshaw, Cameron, Deide, Hawkins, Ingram, "AMENDING SECTION 49-672, IDAHO CODE, TO Keough, King-Barrutia, Marley, Richardson, and Stennett, absent PROVIDE THAT IT IS A PRIMARY INFRACTION OFFENSE and excused. FOR THE OPERATOR OF A MOTOR VEHICLE TO FAIL TO ENSURE PROPER SAFETY RESTRAINT USE BY CHILD Prayer was offered by Chaplain C. Leon Johnson. OCCUPANTS WHO ARE UNDER A SPECIFIED AGE AND TO PROVIDE CORRECT TERMINOLOGY; AND"; and delete lines 3 through 5, and insert: "VIDE THAT OCCUPANTS OF The Senate advanced to the Third Order of Business. 132 SENATE JOURNAL February 20, 2002]

Reading and Correction of the Journal The report was ordered filed in the office of the Secretary of the Senate. Senators Deide and Stennett were recorded present at this order of business. February 19, 2002

The JUDICIARY AND RULES Committee reports that the The TRANSPORTATION Committee reports out S 1400 Senate Journal of the proceedings of February 19, 2002, was read with revised Statement of Purpose attached, SJM 111, and and approved as corrected. S 1399, with the recommendation that they do pass.

DARRINGTON, Chairman FRASURE, Chairman

There being no objection, the report was adopted and S 1399 and S 1400 were filed for second reading. ordered filed in the office of the Secretary of the Senate. SJM 111 was referred to the Tenth Order of Business, On request by Senator Davis, granted by unanimous consent, Motions and Resolutions, and ordered held at the Secretary’s desk the Senate advanced to the Sixth Order of Business. for one legislative day.

Reports of Standing Committees February 19, 2002

Senators Boatright, Burtenshaw, Keough, and Hawkins were The EDUCATION Committee reports out S 1411 with the recorded present at this order of business. recommendation that it do pass.

February 20, 2002 SCHROEDER, Chairman

The JUDICIARY AND RULES Committee reports that S 1411 was filed for second reading. S 1463, S 1464, S 1465, S 1466, S 1467, and S 1468 have been correctly printed. February 19, 2002

DARRINGTON, Chairman The JUDICIARY AND RULES Committee reports out S 1351 with the recommendation that it do pass. S 1463, S 1464, S 1465, and S 1466 were referred to the Finance Committee. DARRINGTON, Chairman

S 1467 was referred to the Health and Welfare Committee. S 1351 was filed for second reading.

S 1468 was referred to the Judiciary and Rules Committee. February 19, 2002

February 20, 2002 The COMMERCE AND HUMAN RESOURCES Committee reports out S 1407 with the recommendation that it do The JUDICIARY AND RULES Committee reports that pass. S 1349, as amended, has been correctly engrossed. ANDREASON, Chairman DARRINGTON, Chairman S 1407 was filed for second reading. S 1349, as amended, was filed for first reading. February 20, 2002 February 20, 2002 The JUDICIARY AND RULES Committee reports that The JUDICIARY AND RULES Committee reports that S 1360, as amended, has been correctly engrossed. S 1360, as amended, was not engrossed. DARRINGTON, Chairman DARRINGTON, Chairman

On request by Senator Davis, granted by unanimous consent, S 1360, as amended, was filed for first reading. S 1360, as amended, was recommitted to the Judiciary and Rules Committee for engrossing to correct the inconsistencies in the February 20, 2002 amendments to the title adopted on February 19, 2002. The FINANCE Committee reports out S 1463, S 1464, February 20, 2002 S 1465, and S 1466 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that Senate amendments to S 1349 and S 1360 have been correctly FRASURE, Chairman printed. S 1463, S 1464, S 1465, and S 1466 were filed for second DARRINGTON, Chairman reading. [February 20, 2002 SENATE JOURNAL 133

February 19, 2002 The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports out S 1468 with the recommendation that it do pass. The President Pro Tempore announced that the Oath of Office had been administered previously to Acting Senator Risch, DARRINGTON, Chairman and he was recorded present at this order of business.

S 1468 was filed for second reading. The Senate advanced to the Ninth Order of Business.

On request by Senator Davis, granted by unanimous consent, Messages from the House the Senate advanced to the Eighth Order of Business. Senator Cameron was recorded present at this order of Messages from the Governor business.

Senator Richardson was recorded present at this order of February 19, 2002 business. Mr. President: February 19, 2002 I transmit herewith H 459, as amended, which has passed the The Honorable Jack Riggs House. President of the Senate Idaho Legislature JUKER, Chief Clerk

Dear Mr. President: H 459, as amended, was filed for first reading.

I have the honor to inform you that I have appointed Jason On request by Senator Davis, granted by unanimous consent, Risch of Boise, Idaho, to be Acting State Senator for Legislative the Senate advanced to the Eleventh Order of Business. District 18. This appointment is effective February 19, 2002, at 5 p.m., and will continue until such time as Senator James E. Introduction, First Reading, and Reference of Bills, Risch is able to resume his duties. House Petitions, Resolutions, and Memorials S 1349 Sincerely, , as amended, by Judiciary and Rules Committee, was /s/ Dirk Kempthorne read the first time at length and filed for second reading. Governor S 1360, as amended, by Transportation Committee, was read THE OFFICE OF THE GOVERNOR the first time at length and filed for second reading. EXECUTIVE DEPARTMENT H 459 BOISE, IDAHO , as amended, by State Affairs Committee, was CERTIFICATE OF APPOINTMENT introduced, read the first time at length, and referred to the State Affairs Committee. KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, James E. Risch, State The Senate advanced to the Twelfth Order of Business. Senator, District 18, Ada County, State of Idaho, has nominated Second Reading of Bills Jason Risch of Boise, Idaho, to perform the duties of this office temporarily as Acting State Senator, District 18, Ada County. Senators Ingram and Marley were recorded present at this order of business. NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor of the State of Idaho, by virtue of the authority vested in me do S 1344, by Judiciary and Rules Committee, was read the hereby appoint Jason Risch of Boise, Idaho, to the office of State second time at length and filed for third reading. Senator, District 18, for a term commencing February 19, 2002, at 5 p.m. and continuing until such time as Senator James E. H 492, H 513, and H 559, by Revenue and Taxation Risch is able to resume his duties. Committee, were read the second time at length and filed for third reading. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. S 1456 and S 1457, by Finance Committee, were read the second time at length and filed for third reading. Done at Boise, the Capital of Idaho this Nineteenth day of February in the year of our Lord Two Thousand and Two and of S 1346, as amended, S 1347, as amended, and S 1312, as the Independence of the United States of America the Two amended, by Judiciary and Rules Committee, were read the Hundred and Twenty-sixth year. second time at length and filed for third reading.

/s/ BY THE GOVERNOR DIRK KEMPTHORNE S 1382, as amended, by Health and Welfare Committee, was /s/ SECRETARY OF STATE PETE T. CENARRUSA read the second time at length and filed for third reading. 134 SENATE JOURNAL February 20, 2002]

On request by Senator Davis, granted by unanimous consent, CORRECTION TO TITLE the Senate advanced to the Fourteenth Order of Business. On page 1, in line 8, following "CORRECTION" insert: "; AND DECLARING AN EMERGENCY". General Calendar SENATE AMENDMENT TO S 1389 The President Pro Tempore declared the Senate resolved into AMENDMENT TO SECTION 1 the Committee of the Whole and called Senator Davis to the Chair On page 4 of the printed bill, in line 11, following "waters" to preside during the sitting of the Committee of the Whole. insert: ", in accordance with all other applicable laws, including applicable provisions of titles 42 and 43, Idaho Code,". Following the adjournment of the Committee of the Whole, the President Pro Tempore called the Senate to order. SENATE AMENDMENT TO S 1395 AMENDMENT TO THE BILL Report of the Committee of the Whole On page 3 of the printed bill, following line 42, insert: "SECTION 3. This act shall be in full force and effect on Senator Davis, Chairman of the Committee of the Whole, and after January 1, 2003.". reported out S 1298, S 1391, S 1431, S 1389, S 1395, S 1390, and S 1356, as amended, without recommendation, amended as CORRECTION TO TITLE follows: On page 1, in line 4, delete "AND"; and in line 10, SENATE AMENDMENT TO S 1298 following "DEPARTMENT" insert: "; AND PROVIDING AN AMENDMENT TO THE BILL EFFECTIVE DATE". On page 1 of the printed bill, delete line 7, which is the enacting clause. SENATE AMENDMENTS TO S 1390 AMENDMENT TO SECTION 1 SENATE AMENDMENT TO S 1391 On page 1 of the printed bill, in line 36, following "therein" AMENDMENTS TO SECTION 2 insert: "in accordance with all other applicable laws, including On page 2 of the printed bill, in line 9, following "any" applicable provisions of titles 42 and 43, Idaho Code". insert: "nonagricultural"; also in line 9, following "lands" insert: "of less than one hundred (100) privately-owned parcels"; in line AMENDMENT TO SECTION 2 16, delete "two hundred (200)" and insert: "one hundred (100)"; On page 3, delete lines 6 and 7, and insert: "provision of the in line 19, delete "two hundred (200)" and insert: "one hundred outdoor recreational resources of the state; to develop, operate (100)"; in line 31, delete "two hundred (200)" and insert: "one and maintain or enter into leases or agreements with local hundred (100)"; on page 4, in line 54, following "give" insert: govern-". "written"; in line 55, following "express" insert: "written"; also in line 55, delete "return-addressed"; on page 5, in line 1, delete SENATE AMENDMENT TO S 1356, As Amended "postage-paid postcard" and insert: "description of how that AMENDMENT TO SECTION 1 consent or opposition can be made and where it can be filed"; in On page 2 of the engrossed bill, delete lines 14 through 16, line 6, delete "reply must do so within" and insert: "consent to or and insert: oppose the proposed annexation must submit the consent or "(5) For purposes of this section: opposition, in writing, to the city clerk by a date specified in the (a) "Public safety officer" means a peace officer or notice, which date shall not be sooner than"; in line 7, delete firefighter, or a paramedic, emergency medical technician or first "days of" and insert: "days after"; also in line 7, delete "initial"; responder as those terms are defined in section 56-1012, Idaho delete lines 8 through 16, and insert: Code. "(C) After the date specified in the notice for receipt of written (b) "Volunteering" means contributing services as a bona consent or opposition, the city clerk shall compile and present to fide member of a legally organized law enforcement agency, fire the city council a report setting forth: (i) the total physical area department or licensed emergency medical service provider sought to be annexed, and (ii) the total physical area of the lands, organization.". as expressed in acres or square feet, whose owners have consented in writing to the annexation, plus the area of all lands CORRECTION TO TITLE receiving water or sewer service from the city and the area of all On page 1, delete line 9, and insert: "TERMS.". lands subject to a recorded consent to annex. Objec-"; in line 23, delete "Lands of landowners to whom notice is"; AMENDMENT TO SECTION 1 delete line 24; in line 25, delete "be counted or considered."; in On page 2 of the engrossed bill, following line 16, insert: line 27, delete "canvass" and insert: "review"; in line 30, delete "(6) The scholarship provided in this section shall not be "responding by mail"; in line 33, delete "canvass" and insert: available unless it is determined that: "report"; in line 34, delete "canvass" and insert: "report as (a) The death or disablement of the public safety officer accepted by the city council"; in line 35, delete "support" and occurred in the performance of the officer's duties; insert: "have consented to"; in line 38, delete "can-"; in line 39, (b) The death or disablement was not caused by the delete "vass" and insert: "report"; and in line 40, delete "support" intentional misconduct of the public safety officer or by such and insert: "consent to". officer's intentional infliction of injury; and (c) The public safety officer was not voluntarily intoxicated SENATE AMENDMENT TO S 1431 at the time of death.". AMENDMENT TO THE BILL On page 5 of the printed bill, following line 1, insert: CORRECTIONS TO TITLE "SECTION 2. An emergency existing therefor, which On page 1, in line 8, delete "AND" and insert: ","; and in emergency is hereby declared to exist, this act shall be in full line 9, following "OFFICER" delete "."" and insert: ""AND TO force and effect on and after its passage and approval.". PROVIDE LIMITATIONS.". [February 21, 2002 SENATE JOURNAL 135

The committee also has S 1302, H 474, and H 486 under Whereupon the President Pro Tempore declared S 1380 consideration, reports progress, and begs leave to sit again. passed, title was approved, and the bill ordered transmitted to the House. DAVIS, Chairman On request by Senator Davis, granted by unanimous consent, On motion by Senator Davis, seconded by Senator Stennett, the Senate advanced to the Fifteenth Order of Business. the report was adopted by voice vote. Miscellaneous Business S 1298, as amended, S 1391, as amended, S 1431, as amended, S 1389, as amended, S 1395, as amended, S 1390, as On motion by Senator Davis, seconded by Senator Stennett, by voice vote the Senate adjourned at 12:10 p.m. until the hour amended, and S 1356, as amended, as amended, were referred to of 10:30 a.m., Thursday, February 21, 2002. the Judiciary and Rules Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules ROBERT L. GEDDES, President Pro Tempore Committee for printing. Attest: JEANNINE WOOD, Secretary On request by Senator Davis, granted by unanimous consent, the Senate returned to the Thirteenth Order of Business. ______Third Reading of Bills

S 1379 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator FORTY-SIXTH LEGISLATIVE DAY THURSDAY, FEBRUARY 21, 2002 Stennett arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Senate Chamber Roll call resulted as follows: At the request of the President Pro Tempore, Acting AYES--Andreason, Bartlett (Branch), Boatright, Brandt, President Cameron called the Senate to order at 10:30 a.m. Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Roll call showed all members present except Senators Noh, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Frasure, Marley, Sandy, and Williams, absent and formally Stennett, Thorne, Wheeler. Total - 27. excused by the Chair; and Senators Andreason, Goedde, Hawkins, Schroeder, Stegner, Stennett, and Wheeler, absent and

excused. NAYS--Richardson. Total - 1. Prayer was offered by Chaplain C. Leon Johnson. Absent and excused--Bunderson, Dunklin, Frasure, Goedde, King-Barrutia, Sandy, Williams. Total - 7. The Senate advanced to the Third Order of Business.

Total - 35. Reading and Correction of the Journal

Whereupon the President Pro Tempore declared S 1379 Senators Goedde, Schroeder, and Wheeler were recorded passed, title was approved, and the bill ordered transmitted to the present at this order of business. House. The JUDICIARY AND RULES Committee reports that the S 1380 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Senate Journal of the proceedings of February 20, 2002, was read Little arose as sponsor of the bill and opened the debate. The and approved as corrected. question being, “Shall the bill pass?” DARRINGTON, Chairman Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, There being no objection, the report was adopted and Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, ordered filed in the office of the Secretary of the Senate. Hawkins, Hill, Ingram, Keough, Little, Lodge, Marley, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 28. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. NAYS--None. Reports of Standing Committees Absent and excused--Bunderson, Dunklin, Frasure, Goedde, Ipsen, King-Barrutia, Sandy. Total - 7. Senators Stegner and Stennett were recorded present at this Total - 35. order of business. 136 SENATE JOURNAL February 21, 2002]

February 21, 2002 S 1372 was filed for second reading.

The JUDICIARY AND RULES Committee reports that February 21, 2002 S 1298, as amended, S 1391, as amended, S 1431, as amended, S 1389, as amended, S 1395, as amended, S 1390, as amended, The STATE AFFAIRS Committee reports out H 503 and and S 1356, as amended, as amended, have been correctly S 1462 with the recommendation that they do pass. engrossed. SORENSEN, Chairman DARRINGTON, Chairman H 503 and S 1462 were filed for second reading. On request by Senator Davis, granted by unanimous consent, S 1298, as amended, with the enacting clause stricken by February 21, 2002 amendment, was filed in the office of the Secretary of the Senate. The STATE AFFAIRS Committee reports out H 420, as S 1391, as amended, S 1431, as amended, S 1389, as amended, with the recommendation that it be referred to the amended, S 1395, as amended, S 1390, as amended, and S 1356, Fourteenth Order of Business for amendment. as amended, as amended, were filed for first reading. SORENSEN, Chairman February 21, 2002 There being no objection, H 420, as amended, was referred The JUDICIARY AND RULES Committee reports that to the Fourteenth Order of Business, General Calendar. Senate amendments to S 1298, S 1391, S 1431, S 1389, S 1395, S 1390, and S 1356, as amended, have been correctly printed. February 21, 2002

DARRINGTON, Chairman The LOCAL GOVERNMENT AND TAXATION Committee reports out H 528 and H 424 with the The report was ordered filed in the office of the Secretary of recommendation that they do pass. the Senate. THORNE, Chairman February 20, 2002 H 528 and H 424 were filed for second reading. The EDUCATION Committee reports out S 1434 with the recommendation that it do pass. February 21, 2002

SCHROEDER, Chairman The LOCAL GOVERNMENT AND TAXATION Committee reports out H 488 with the recommendation that it be S 1434 was filed for second reading. referred to the Fourteenth Order of Business for amendment.

February 20, 2002 THORNE, Chairman

The EDUCATION Committee reports out SJR 103 with the There being no objection, H 488 was referred to the recommendation that it be referred to the Fourteenth Order of Fourteenth Order of Business, General Calendar. Business for amendment. February 21, 2002 SCHROEDER, Chairman The EDUCATION Committee reports out S 1412, S 1414, There being no objection, SJR 103 was referred to the H 398, and H 399 with the recommendation that they do pass. Fourteenth Order of Business, General Calendar. SCHROEDER, Chairman February 20, 2002 S 1412, S 1414, H 398, and H 399 were filed for second The JUDICIARY AND RULES Committee reports out reading. S 1364, S 1365, S 1370, and S 1420 with the recommendation that they do pass. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. DARRINGTON, Chairman Messages from the House S 1364, S 1365, S 1370, and S 1420 were filed for second reading. February 20, 2002

February 20, 2002 Mr. President:

The RESOURCES AND ENVIRONMENT Committee I transmit herewith HCR 54, HCR 47, H 404, H 600, and reports out S 1372 with the recommendation that it do pass. H 603 which have passed the House.

NOH, Chairman JUKER, Chief Clerk [February 21, 2002 SENATE JOURNAL 137

HCR 54, HCR 47, H 404, H 600, and H 603 were filed S 1470 for first reading. BY STATE AFFAIRS COMMITTEE AN ACT February 20, 2002 RELATING TO ADOPTION OF THE UNIFORM FIRE CODE; AMENDING SECTION 41-253, IDAHO CODE, TO Mr. President: AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO ADOPT AMENDMENTS TO THE CODE FOR CERTAIN I transmit herewith Enrolled H 419, H 481, H 428, H 464, FACILITIES AND TO MAKE A TECHNICAL CORRECTION. H 388, as amended, and H 469, as amended, for the signature of the President, and I return herewith Enrolled S 1290 and S 1303, S 1469 and S 1470 were introduced, read the first time at which have been signed by the Speaker. length, and referred to the Judiciary and Rules Committee for printing. JUKER, Chief Clerk S 1391, as amended, by Local Government and Taxation The Acting President announced that Enrolled H 419, Committee, was read the first time at length and filed for second H 481, H 428, H 464, H 388, as amended, and H 469, as reading. amended, will be held at the Secretary’s desk for the signature of the President, and when so signed, will be returned to the House. S 1431, as amended, by Education Committee, was read the first time at length and filed for second reading. Enrolled S 1290 and S 1303 were referred to the Judiciary and Rules Committee for transmittal to the Office of the S 1389, as amended, by Local Government and Taxation Committee, was read the first time at length and filed for second Governor. reading.

The Senate advanced to the Tenth Order of Business. S 1395, as amended, by Transportation Committee, was read the first time at length and filed for second reading. Motions and Resolutions S 1390, as amended, by Local Government and Taxation Senator Andreason was recorded present at this order of Committee, was read the first time at length and filed for second business. reading.

The Acting President announced that HCR 46 was before the S 1356, as amended, as amended, by State Affairs Committee, was read the first time at length and filed for second Senate for final consideration, the question being, “Shall the reading. resolution be adopted?” HCR 54 and HCR 47, by State Affairs Committee, were On motion by Senator Richardson, seconded by President introduced, read at length, and referred to the State Affairs Pro Tempore Geddes, HCR 46 was adopted by voice vote, title Committee. was approved, and the resolution ordered returned to the House. H 404, by Mr. Speaker, was introduced, read the first time On request by Senator Davis, granted by unanimous consent, at length, and referred to the Judiciary and Rules Committee. SJM 111 retained its place on the calendar for one legislative day. H 600 and H 603, by Judiciary, Rules, and Administration Committee, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee. The Senate advanced to the Eleventh Order of Business. The Senate advanced to the Twelfth Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Second Reading of Bills

S 1469 S 1399 and S 1400, by Transportation Committee, were read BY STATE AFFAIRS COMMITTEE the second time at length and filed for third reading. AN ACT RELATING TO THE OFFICIAL LANGUAGE OF THE S 1411, by Education Committee, was read the second time at length and filed for third reading. STATE OF IDAHO; PROVIDING A SHORT TITLE; PROVIDING LEGISLATIVE FINDINGS; AMENDING S 1351, by Judiciary and Rules Committee, was read the CHAPTER 1, TITLE 73, IDAHO CODE, BY THE ADDITION second time at length and filed for third reading. OF A NEW SECTION 73-123, IDAHO CODE, TO PROVIDE THAT ENGLISH SHALL BE THE OFFICIAL LANGUAGE S 1407, by Commerce and Human Resources Committee, OF THE STATE OF IDAHO, TO PROVIDE APPLICATION, was read the second time at length and filed for third reading. TO PROVIDE EXCEPTIONS, TO PROVIDE FOR RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE IN THE S 1463, S 1464, S 1465, and S 1466, by Finance Committee, LAWS OF IDAHO; AND PROVIDING SEVERABILITY. were read the second time at length and filed for third reading. 138 SENATE JOURNAL February 21, 2002]

S 1468 and S 1349, as amended, by Judiciary and Rules Roll call resulted as follows: Committee, were read the second time at length and filed for third reading. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1360, as amended, by Transportation Committee, was read Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, the second time at length and filed for third reading. King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. The Senate advanced to the Thirteenth Order of Business. Total - 30.

Third Reading of Bills NAYS--None.

S 1378 was read the third time at length, section by section, Absent and excused--Frasure, Goedde, Marley, Sandy, and placed before the Senate for final consideration. Senator Hill Williams. Total - 5. arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35.

Roll call resulted as follows: Whereupon the Acting President declared S 1362 passed, title was approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1363 was read the third time at length, section by section, Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, and placed before the Senate for final consideration. Senator King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Sims arose as sponsor of the bill and opened the debate. The Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. question being, “Shall the bill pass?” Total - 30. Roll call resulted as follows: NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Frasure, Hawkins, Marley, Sandy, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Williams. Total - 5. Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Total - 35. Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. Whereupon the Acting President declared S 1378 passed, title was approved, and the bill ordered transmitted to the House. NAYS--None.

Senator Goedde requested and received an excused absence Absent and excused--Frasure, Goedde, Marley, Sandy, for the remainder of the morning session. Williams. Total - 5.

H 423 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. Whereupon the Acting President declared S 1363 passed, The question being, “Shall the bill pass?” title was approved, and the bill ordered transmitted to the House.

Roll call resulted as follows: S 1383 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Schroeder arose as sponsor of the bill and opened the debate. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The question being, “Shall the bill pass?” Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Roll call resulted as follows: Total - 30. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, NAYS--None. Bunderson, Burtenshaw, Cameron, Darrington, Dunklin, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Absent and excused--Frasure, Goedde, Marley, Sandy, Richardson, Risch (Risch), Schroeder, Sims, Stegner, Stennett, Williams. Total - 5. Thorne, Wheeler. Total - 26.

Total - 35. NAYS--Davis, Hawkins. Total - 2.

Whereupon the Acting President declared H 423 passed, title Absent and excused--Deide, Frasure, Goedde, Marley, was approved, and the bill ordered returned to the House. Sandy, Sorensen, Williams. Total - 7.

S 1362 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Hill arose as sponsor of the bill and opened the debate. The question Whereupon the Acting President declared S 1383 passed, being, “Shall the bill pass?” title was approved, and the bill ordered transmitted to the House. [February 21, 2002 SENATE JOURNAL 139

H 407 was read the third time at length, section by section, Whereupon the Acting President declared S 1402 passed, and placed before the Senate for final consideration. Senator title was approved, and the bill ordered transmitted to the House. Brandt arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1406 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Stegner arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Total - 30. Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), NAYS--None. Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. Absent and excused--Frasure, Goedde, Marley, Sandy, Williams. Total - 5. NAYS--None.

Total - 35. Absent and excused--Frasure, Goedde, Marley, Sandy, Williams. Total - 5. Whereupon the Acting President declared H 407 passed, title was approved, and the bill ordered returned to the House. Total - 35.

H 412 was read the third time at length, section by section, Whereupon the Acting President declared S 1406 passed, and placed before the Senate for final consideration. Senator title was approved, and the bill ordered transmitted to the House. Lodge arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Davis, granted by unanimous consent, S 1396 retained its place on the Third Reading Calendar. Roll call resulted as follows: S 1422 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Davis arose as sponsor of the bill and opened the debate. The Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, question being, “Shall the bill pass?” King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. Roll call resulted as follows:

NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Absent and excused--Frasure, Goedde, Marley, Sandy, Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, Williams. Total - 5. King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Total - 35. Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. Whereupon the Acting President declared H 412 passed, title was approved, and the bill ordered returned to the House. NAYS--None. S 1402 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Frasure, Goedde, Marley, Sandy, Sims arose as sponsor of the bill and opened the debate. The Williams. Total - 5. question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the Acting President declared S 1422 passed, AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, title was approved, and the bill ordered transmitted to the House. Burtenshaw, Cameron, Darrington, Davis, Hill, King-Barrutia, Little, Lodge, Risch (Risch), Schroeder, Sims, Sorensen, Thorne. On request by Senator Davis, granted by unanimous consent, Total - 17. S 1424 retained its place on the Third Reading Calendar for one legislative day. NAYS--Brandt, Dunklin, Geddes, Hawkins, Ingram, Noh, Richardson, Stegner, Stennett, Wheeler. Total - 10. H 560 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Deide, Frasure, Goedde, Ipsen, Richardson arose as sponsor of the bill and opened the debate. Keough, Marley, Sandy, Williams. Total - 8. The question being, “Shall the bill pass?”

Total - 35. Roll call resulted as follows: 140 SENATE JOURNAL February 21, 2002]

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, On request by Senator Davis, granted by unanimous consent, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1468 was moved on the Third Reading Calendar to immediately Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, follow S 1344, and both retained their place on the Calendar for King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), February 25, 2002. Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. On motion by Senator Davis, seconded by Senator Stennett, by voice vote the Senate recessed at 12:10 p.m. until the hour of NAYS--None. 4 p.m. of this day. Absent and excused--Frasure, Goedde, Marley, Sandy, Williams. Total - 5. RECESS AFTERNOON SESSION Total - 35. The Senate reconvened at 4 p.m., pursuant to recess, Acting Whereupon the Acting President declared H 560 passed, title President Cameron presiding. was approved, and the bill ordered returned to the House. Roll call showed all members present except President Pro H 422, as amended, was read the third time at length, Tempore Geddes and Senators Frasure, King-Barrutia, Marley, section by section, and placed before the Senate for final consideration. President Pro Tempore Geddes arose as sponsor and Sandy, absent and formally excused by the Chair; and of the bill and opened the debate. The question being, “Shall the Senators Schroeder and Sorensen, absent and excused. bill pass?” Prior to recess the Senate was at the Thirteenth Order of Roll call resulted as follows: Business, Third Reading of Bills.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, On request by Senator Davis, granted by unanimous consent, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1419 retained its place on the Third Reading Calendar for Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, Monday, February 25, 2002. King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Senators Schroeder and Sorensen were recorded present at Total - 30. this order of business. NAYS--None. H 492 was read the third time at length, section by section, Absent and excused--Frasure, Goedde, Marley, Sandy, and placed before the Senate for final consideration. Acting Williams. Total - 5. Senator Bartlett arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the Acting President declared H 422, as amended, passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1417 was read the third time at length, section by section, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, and placed before the Senate for final consideration. Senator Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Brandt arose as sponsor of the bill and opened the debate. The Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. question being, “Shall the bill pass?” Total - 30.

Roll call resulted as follows: NAYS--None.

AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, Absent and excused--Frasure, Geddes, King-Barrutia, Burtenshaw, Cameron, Darrington, Davis, Deide, Hawkins, Hill, Marley, Sandy. Total - 5. Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Total - 35. Stennett, Thorne. Total - 26.

NAYS--Dunklin, Geddes, Wheeler. Total - 3. Whereupon the Acting President declared H 492 passed, title was approved, and the bill ordered returned to the House. Absent and excused--Andreason, Frasure, Goedde, Marley, Sandy, Williams. Total - 6. H 513 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared S 1417 passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: [February 21, 2002 SENATE JOURNAL 141

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared S 1346, as Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, amended, passed, title was approved, and the bill ordered Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, transmitted to the House. Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. S 1347, as amended, was read the third time at length, Total - 30. section by section, and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill NAYS--None. and opened the debate. The question being, “Shall the bill pass?”

Absent and excused--Frasure, Geddes, King-Barrutia, Roll call resulted as follows: Marley, Sandy. Total - 5. AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, Total - 35. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Whereupon the Acting President declared H 513 passed, title Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, was approved, and the bill ordered returned to the House. Stennett, Thorne, Wheeler, Williams. Total - 28.

H 559 was read the third time at length, section by section, NAYS--Hawkins. Total - 1. and placed before the Senate for final consideration. Senator Stegner arose as sponsor of the bill and opened the debate. The Absent and excused--Andreason, Frasure, Geddes, question being, “Shall the bill pass?” King-Barrutia, Marley, Sandy. Total - 6.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared S 1347, as Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, amended, passed, title was approved, and the bill ordered Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, transmitted to the House. Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. S 1312, as amended, was read the third time at length, Total - 30. section by section, and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--None. Roll call resulted as follows: Absent and excused--Frasure, Geddes, King-Barrutia, Marley, Sandy. Total - 5. AYES--Bartlett (Branch), Boatright, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Goedde, Total - 35. Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 24. Whereupon the Acting President declared H 559 passed, title

was approved, and the bill ordered returned to the House. NAYS--Brandt, Davis, Hawkins, Risch (Risch), Stennett. Total - 5. On request by Senator Davis, granted by unanimous consent, S 1456 and S 1457 retained their place on the Third Reading Absent and excused--Andreason, Frasure, Geddes, Calendar for Monday, February 25, 2002. King-Barrutia, Marley, Sandy. Total - 6.

S 1346, as amended, was read the third time at length, Total - 35. section by section, and placed before the Senate for final consideration. Senator Sorensen arose as sponsor of the bill and Whereupon the Acting President declared S 1312, as opened the debate. The question being, “Shall the bill pass?” amended, passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1382, as amended, was read the third time at length, AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, section by section, and placed before the Senate for final Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, consideration. Senator Ipsen arose as sponsor of the bill and Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, opened the debate. The question being, “Shall the bill pass?” Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 28. Roll call resulted as follows:

NAYS--Hawkins. Total - 1. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Absent and excused--Andreason, Frasure, Geddes, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, King-Barrutia, Marley, Sandy. Total - 6. Lodge, Noh, Richardson, Risch (Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Total - 30. 142 SENATE JOURNAL February 22, 2002]

NAYS--None. Roll call showed all members present except Senators Frasure, King-Barrutia, Sandy, Schroeder, and President Pro Absent and excused--Frasure, Geddes, King-Barrutia, Tempore Geddes, absent and formally excused by the Chair; and Marley, Sandy. Total - 5. Senators Cameron, Hawkins, Keough, Noh, and Stennett, absent and excused. Total - 35. Prayer was offered by Chaplain C. Leon Johnson. Whereupon the Acting President declared S 1382, as amended, passed, title was approved, and the bill ordered The Senate advanced to the Third Order of Business. transmitted to the House. Reading and Correction of the Journal On request by Senator Davis, granted by unanimous consent, S 1396, having been held, was placed before the Senate for Senator Noh was recorded present at this order of business. consideration at this time. The JUDICIARY AND RULES Committee reports that the S 1396 was read the third time at length, section by section, Senate Journal of the proceedings of February 21, 2002, was read and placed before the Senate for final consideration. Senator and approved as corrected. Goedde arose as sponsor of the bill and opened the debate. The DARRINGTON, Chairman question being, “Shall the bill pass?” There being no objection, the report was adopted and Roll call resulted as follows: ordered filed in the office of the Secretary of the Senate.

AYES--Boatright, Brandt, Bunderson, Burtenshaw, Deide, On request by Senator Davis, granted by unanimous consent, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, the Senate advanced to the Sixth Order of Business. Noh, Richardson, Risch (Risch), Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 21. Reports of Standing Committees

NAYS--Bartlett (Branch), Cameron, Darrington, Davis, Senators Cameron, Hawkins, and Keough were recorded Hawkins, Schroeder, Sims, Williams. Total - 8. present at this order of business.

Absent and excused--Andreason, Frasure, Geddes, February 22, 2002 King-Barrutia, Marley, Sandy. Total - 6.

The JUDICIARY AND RULES Committee reports that Total - 35. S 1469 and S 1470 have been correctly printed. Whereupon the Acting President declared S 1396 passed, title was approved, and the bill ordered transmitted to the House. DARRINGTON, Chairman

On request by Senator Davis, granted by unanimous consent, S 1469 was referred to the State Affairs Committee. the Senate advanced to the Fifteenth Order of Business. S 1470 was referred to the Commerce and Human Resources Miscellaneous Business Committee. On motion by Senator Davis, seconded by Senator Stennett, by voice vote the Senate adjourned at 5:15 p.m. until the hour of February 21, 2002 10:30 a.m., Friday, February 22, 2002. The JUDICIARY AND RULES Committee reports that DEAN CAMERON, Acting President Enrolled S 1290 and S 1303 were delivered to the Office of the Governor at 1:50 p.m., February 21, 2002. Attest: JEANNINE WOOD, Secretary DARRINGTON, Chairman

______The report was ordered filed in the office of the Secretary of the Senate.

February 21, 2002 FORTY-SEVENTH LEGISLATIVE DAY FRIDAY, FEBRUARY 22, 2002 The COMMERCE AND HUMAN RESOURCES Committee reports out S 1408, S 1454, and S 1410 with the Senate Chamber recommendation that they do pass.

ANDREASON, Chairman At the request of the President Pro Tempore, Acting President Darrington called the Senate to order at 10:30 a.m. S 1408, S 1454, and S 1410 were filed for second reading. [February 22, 2002 SENATE JOURNAL 143

February 22, 2002 Motions and Resolutions

The AGRICULTURAL AFFAIRS Committee reports out The Acting President announced that SJM 111 was before H 525 with the recommendation that it do pass. the Senate for final consideration.

WILLIAMS, Chairman Moved by Senator Marley, seconded by Senator Ingram, that SJM 111 be adopted. The question being, “Shall the memorial H 525 was filed for second reading. be adopted?”

February 21, 2002 Roll call vote was requested by Senators Brandt, Keough, and Ingram. The JUDICIARY AND RULES Committee reports it has had under consideration the Gubernatorial appointment listed Roll call resulted as follows: below and the Committee recommends that said appointment be confirmed by the Senate: AYES--Andreason, Boatright, Bunderson, Davis, Dunklin, Ingram, Ipsen, Keough, Marley, Noh, Richardson, Thorne, Helen McKinney to the Idaho Judicial Council, term to Wheeler. Total - 13. expire June 20, 2007. NAYS--Brandt, Burtenshaw, Cameron, Darrington, Goedde, DARRINGTON, Chairman Hawkins, Hill, Little, Lodge, Risch (Risch), Sims, Sorensen, Stegner, Williams. Total - 14. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at Absent and excused--Bartlett (Branch), Deide, Frasure, the Secretary’s desk for one legislative day. Geddes, King-Barrutia, Sandy, Schroeder, Stennett. Total - 8. February 22, 2002 Total - 35. The JUDICIARY AND RULES Committee reports it has had under consideration the Idaho State Bar appointment listed Whereupon, the Acting President declared that the motion to below and the Committee recommends that said appointment be adopt SJM 111 did not prevail and the memorial was ordered confirmed by the Senate: filed in the office of the Secretary of the Senate. Judge Randy Smith to the Idaho Judicial Council, term to The Senate advanced to the Eleventh Order of Business. expire June 30, 2007. Introduction, First Reading, and Reference of Bills, DARRINGTON, Chairman House Petitions, Resolutions, and Memorials The Idaho State Bar appointment was referred to the Tenth Senator Stennett was recorded present at this order of Order of Business, Motions and Resolutions, and ordered held at business. the Secretary’s desk for one legislative day. S 1471 On request by Senator Davis, granted by unanimous consent, BY FINANCE COMMITTEE the Senate advanced to the Ninth Order of Business. AN ACT RELATING TO APPROPRIATIONS; PROVIDING Messages from the House LEGISLATIVE INTENT; TO PROVIDE A REDUCTION IN THE APPROPRIATIONS TO THE VARIOUS STATE February 21, 2002 AGENCIES, INSTITUTIONS AND ENTITIES, FOR FISCAL YEAR 2002; PROVIDING THAT THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE Mr. President: HOUSE OF REPRESENTATIVES SHALL DIRECT THE STATE CONTROLLER TO REDUCE THE FUNDS TRANSFER I transmit herewith HCR 43, H 507, H 538, H 586, and TO THE LEGISLATIVE FUND; AND DECLARING AN H 409, and I return herewith SJM 110, which have passed the EMERGENCY. House. S 1471 was introduced, read the first time at length, and JUKER, Chief Clerk referred to the Judiciary and Rules Committee for printing.

HCR 43, H 507, H 538, H 586, and H 409 were filed for HCR 43, by Judiciary, Rules, and Administration first reading. Committee, was introduced, read at length, and referred to the Judiciary and Rules Committee. SJM 110 was referred to the Judiciary and Rules Committee for enrolling. H 507, by Resources and Conservation Committee, was introduced, read the first time at length, and referred to the State The Senate advanced to the Tenth Order of Business. Affairs Committee. 144 SENATE JOURNAL February 22, 2002]

H 538, by Resources and Conservation Committee, was S 1356, as amended, as amended, by State Affairs introduced, read the first time at length, and referred to the Committee, was read the second time at length and filed for third Resources and Environment Committee. reading.

H 586, by Business Committee, was introduced, read the The Senate advanced to the Thirteenth Order of Business. first time at length, and referred to the Commerce and Human Resources Committee. Third Reading of Bills

H 409, by Mr. Speaker, was introduced, read the first time On request by Senator Davis, granted by unanimous consent, at length, and referred to the Commerce and Human Resources S 1424 retained its place on the Third Reading Calendar for Committee. Monday, February 25, 2002.

The Senate advanced to the Twelfth Order of Business. On request by Senator Davis, granted by unanimous consent, S 1464, S 1465, and S 1466 retained their place on the Third Second Reading of Bills Reading Calendar for Tuesday, February 26, 2002.

S 1434, by Education Committee, was read the second time On request by Senator Cameron, granted by unanimous at length and filed for third reading. consent, S 1463 was recommitted to the Finance Committee.

S 1364, S 1365, and S 1370, by Judiciary and Rules H 431, having been held, was read the third time at length, Committee, were read the second time at length and filed for section by section, and placed before the Senate for final third reading. consideration. Acting Senator Risch arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1420, by Health and Welfare Committee, was read the second time at length and filed for third reading. Roll call resulted as follows:

S 1372, by Resources and Environment Committee, was AYES--Andreason, Bartlett (Branch), Boatright, Brandt, read the second time at length and filed for third reading. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, H 503, by State Affairs Committee, was read the second Lodge, Marley, Noh, Richardson, Risch (Risch), Sims, Sorensen, time at length and filed for third reading. Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30.

S 1462, by State Affairs Committee, was read the second NAYS--None. time at length and filed for third reading. Absent and excused--Frasure, Geddes, King-Barrutia, H 528, by Revenue and Taxation Committee, was read the Sandy, Schroeder. Total - 5. second time at length and filed for third reading. Total - 35. H 424, by Hornbeck, was read the second time at length and filed for third reading. Whereupon the Acting President declared H 431 passed, title was approved, and the bill ordered returned to the House. S 1412 and S 1414, by Education Committee, were read the second time at length and filed for third reading. H 432, having been held, was read the third time at length, section by section, and placed before the Senate for final H 398 and H 399, by Mr. Speaker, were read the second consideration. Acting Senator Risch arose as sponsor of the bill time at length and filed for third reading. and opened the debate. The question being, “Shall the bill pass?”

S 1391, as amended, by Local Government and Taxation Roll call resulted as follows: Committee, was read the second time at length and filed for third reading. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1431, as amended, by Education Committee, was read the Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, second time at length and filed for third reading. Lodge, Marley, Noh, Richardson, Risch (Risch), Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. S 1389, as amended, by Local Government and Taxation Committee, was read the second time at length and filed for third NAYS--None. reading. Absent and excused--Frasure, Geddes, King-Barrutia, S 1395, as amended, by Transportation Committee, was read Sandy, Schroeder. Total - 5. the second time at length and filed for third reading. Total - 35. S 1390, as amended, by Local Government and Taxation Committee, was read the second time at length and filed for third Whereupon the Acting President declared H 432 passed, title reading. was approved, and the bill ordered returned to the House. [February 25, 2002 SENATE JOURNAL 145

S 1399 was read the third time at length, section by section, Whereupon the Acting President declared S 1411 passed, and placed before the Senate for final consideration. Senator title was approved, and the bill ordered transmitted to the House. Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1351 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Dunklin arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Moved by Senator Richardson, seconded by Senator Lodge, Marley, Noh, Richardson, Risch (Risch), Sims, Sorensen, Hawkins, that S 1351 be referred to the Fourteenth Order of Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. Business for amendment. The question being, “Shall the motion prevail?” NAYS--None. Roll call vote was requested by Senators Hawkins, Stegner, Absent and excused--Frasure, Geddes, King-Barrutia, and Dunklin. Sandy, Schroeder. Total - 5. Roll call resulted as follows: Total - 35. AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, Whereupon the Acting President declared S 1399 passed, Burtenshaw, Cameron, Darrington, Davis, Hawkins, Hill, Ipsen, title was approved, and the bill ordered transmitted to the House. Little, Richardson, Risch (Risch), Sims, Thorne, Williams. Total - 17. S 1400 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--Andreason, Deide, Dunklin, Goedde, Ingram, Thorne arose as sponsor of the bill and opened the debate. The Keough, Lodge, Marley, Noh, Sorensen, Stegner, Stennett, question being, “Shall the bill pass?” Wheeler. Total - 13.

Roll call resulted as follows: Absent and excused--Frasure, Geddes, King-Barrutia, Sandy, Schroeder. Total - 5. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Total - 35. Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch (Risch), Sims, Sorensen, Whereupon the Acting President declared that the motion did Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. prevail and S 1351 was referred to the Fourteenth Order of Business, General Calendar. NAYS--None. On request by Senator Davis, granted by unanimous consent, Absent and excused--Frasure, Geddes, King-Barrutia, the Senate advanced to the Fifteenth Order of Business. Sandy, Schroeder. Total - 5. Miscellaneous Business

Total - 35. On motion by Senator Davis, seconded by Senator Stennett, by voice vote the Senate adjourned at 12:15 p.m. until the hour Whereupon the Acting President declared S 1400 passed, of 10:30 a.m., Monday, February 25, 2002. title was approved, and the bill ordered transmitted to the House. DENTON DARRINGTON, Acting President S 1411 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Attest: JEANNINE WOOD, Secretary Stegner arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” ______

Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, FIFTIETH LEGISLATIVE DAY Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, MONDAY, FEBRUARY 25, 2002 Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch (Risch), Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. Senate Chamber

NAYS--None. President Pro Tempore Geddes called the Senate to order at 10:30 a.m. Absent and excused--Frasure, Geddes, King-Barrutia, Sandy, Schroeder. Total - 5. Roll call showed all members present except Senators Andreason, Cameron, Dunklin, Hawkins, Ingram, Noh, Total - 35. Schroeder, Sorensen, Stegner, and Stennett, absent and excused. 146 SENATE JOURNAL February 25, 2002]

Prayer was offered by Chaplain C. Leon Johnson. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at The Senate advanced to the Third Order of Business. the Secretary’s desk for one legislative day.

Reading and Correction of the Journal February 25, 2002

Senators Noh and Schroeder were recorded present at this The FINANCE Committee reports out S 1471 with the order of business. recommendation that it do pass. CAMERON, Chairman The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 22, 2002, was read S 1471 was filed for second reading. and approved as corrected. On request by Senator Risch, granted by unanimous consent, DARRINGTON, Chairman the Senate advanced to the Ninth Order of Business.

There being no objection, the report was adopted and Messages from the House ordered filed in the office of the Secretary of the Senate. Senators Andreason, Dunklin, Cameron, Hawkins, Ingram, Sorensen, Stegner, and Stennett were recorded present at this On request by Senator Risch, granted by unanimous consent, order of business. the Senate advanced to the Sixth Order of Business. February 22, 2002 Reports of Standing Committees Mr. President: February 25, 2002 I transmit herewith H 597, H 477, H 524, H 393, H 394, H 553, H 576, H 585, and H 631 which have passed the House. The JUDICIARY AND RULES Committee reports that S 1471 has been correctly printed. JUKER, Chief Clerk

DARRINGTON, Chairman H 597, H 477, H 524, H 393, H 394, H 553, H 576, H 585, and H 631 were filed for first reading. S 1471 was referred to the Finance Committee. The Senate advanced to the Tenth Order of Business. February 22, 2002 Motions and Resolutions The JUDICIARY AND RULES Committee reports that SJM 110 has been correctly enrolled. On request by Senator Lodge, granted by unanimous consent, the Gubernatorial appointment of Helen McKinney DARRINGTON, Chairman retained its place on the calendar for March 1, 2002.

The President Pro Tempore signed Enrolled SJM 110 and The President Pro Tempore announced the Judiciary and ordered it transmitted to the House for the signature of the Rules Committee report relative to the Idaho State Bar Speaker. appointment of Judge Randy Smith was before the Senate for final consideration, the question being, “Shall the report be adopted?” February 22, 2002 On motion by Senator Darrington, seconded by Senator The JUDICIARY AND RULES Committee reports out Marley, the Idaho State Bar appointment of Judge Randy Smith H 501, H 498, and HCR 44 with the recommendation that they as a member of the Idaho Judicial Council was confirmed by do pass. voice vote.

DARRINGTON, Chairman The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of the H 501 and H 498 were filed for second reading. Idaho State Bar appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Bar HCR 44 was referred to the Tenth Order of Business, informing them of the action of the Senate. Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. The Senate advanced to the Eleventh Order of Business.

February 22, 2002 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial S 1472 appointment listed below and the Committee reports out the same BY JUDICIARY AND RULES COMMITTEE without recommendation: AN ACT Nancy Hadley to the Idaho Fish and Game Commission, RELATING TO MEDICAL ASSISTANCE; AMENDING term to expire June 30, 2005. SECTION 56-209b, IDAHO CODE, TO REQUIRE DISCLOSURE OF A CLAIM AGAINST A THIRD PARTY OR NOH, Chairman ENTITY AND TO PROVIDE THE DEPARTMENT OF [February 25, 2002 SENATE JOURNAL 147

HEALTH AND WELFARE'S ENTITLEMENT TO SUCH THE ADDITION OF A NEW SECTION 33-906A, IDAHO REIMBURSEMENT AND TO MAKE TECHNICAL CODE, TO CREATE THE BOND LEVY EQUALIZATION CORRECTIONS; AND AMENDING SECTION 56-227, FUND AND SPECIFY PURPOSES; AND AMENDING IDAHO CODE, TO PROVIDE PENALTIES AND TO MAKE CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION A TECHNICAL CORRECTION. OF A NEW SECTION 33-906B, IDAHO CODE, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL S 1473 ESTABLISH A VALUE INDEX FOR EACH SCHOOL BY JUDICIARY AND RULES COMMITTEE DISTRICT AND TO PROVIDE FOR CRITERIA TO BE AN ACT INCLUDED IN THE VALUE INDEX CALCULATION. RELATING TO BOND LEVY EQUALIZATION SUPPORT PROGRAM FOR SCHOOL FACILITIES; AMENDING S 1476 SECTION 33-802A, IDAHO CODE, TO REVISE THE BY JUDICIARY AND RULES COMMITTEE COMPUTATION OF BOND AND BOND INTEREST LEVIES AN ACT AND TO CORRECT A CODIFIER'S ERROR; AMENDING RELATING TO REQUIREMENTS FOR MAINTENANCE OF CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION SCHOOL BUILDINGS; AMENDING CHAPTER 10, TITLE OF A NEW SECTION 33-906, IDAHO CODE, TO ADOPT A 33, IDAHO CODE, BY THE ADDITION OF A NEW BOND LEVY EQUALIZATION SUPPORT PROGRAM; SECTION 33-1018, IDAHO CODE, TO REQUIRE AN AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY ALLOCATION BY SCHOOL DISTRICTS FOR BUILDING THE ADDITION OF A NEW SECTION 33-906A, IDAHO MAINTENANCE, TO CREATE A FUND, SPECIFY A LIMIT CODE, TO CREATE THE BOND LEVY EQUALIZATION AND GOVERN USES OF THE FUND; AND PROVIDING AN FUND AND SPECIFY PURPOSES; AND AMENDING EFFECTIVE DATE. CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-906B, IDAHO CODE, TO PROVIDE S 1472, S 1473, S 1474, S 1475, and S 1476 were THAT THE STATE DEPARTMENT OF EDUCATION SHALL introduced, read the first time at length, and referred to the ESTABLISH A VALUE INDEX FOR EACH SCHOOL Judiciary and Rules Committee for printing. DISTRICT AND TO PROVIDE FOR CRITERIA TO BE INCLUDED IN THE VALUE INDEX CALCULATION. H 597, by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and referred to the S 1474 Transportation Committee. BY JUDICIARY AND RULES COMMITTEE AN ACT H 477, by Trail, was introduced, read the first time at RELATING TO BOND LEVY EQUALIZATION SUPPORT length, and referred to the Transportation Committee. PROGRAM FOR SCHOOL FACILITIES; AMENDING SECTION 33-802A, IDAHO CODE, TO REVISE THE H 524, by Agricultural Affairs Committee, was introduced, COMPUTATION OF BOND AND BOND INTEREST LEVIES read the first time at length, and referred to the Agricultural AND TO CORRECT A CODIFIER'S ERROR; AMENDING Affairs Committee. CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-906, IDAHO CODE, TO ADOPT A H 393 and H 394, by Mr. Speaker, were introduced, read BOND LEVY EQUALIZATION SUPPORT PROGRAM; the first time at length, and referred to the Health and Welfare AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY Committee. THE ADDITION OF A NEW SECTION 33-906A, IDAHO CODE, TO CREATE THE BOND LEVY EQUALIZATION H 553 and H 576, by Health and Welfare Committee, were FUND AND SPECIFY PURPOSES; AND AMENDING introduced, read the first time at length, and referred to the CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION Health and Welfare Committee. OF A NEW SECTION 33-906B, IDAHO CODE, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL H 585 and H 631, by Business Committee, were introduced, ESTABLISH A VALUE INDEX FOR EACH SCHOOL read the first time at length, and referred to the Commerce and DISTRICT AND TO PROVIDE FOR CRITERIA TO BE Human Resources Committee. INCLUDED IN THE VALUE INDEX CALCULATION. The Senate advanced to the Twelfth Order of Business. S 1475 BY JUDICIARY AND RULES COMMITTEE Second Reading of Bills AN ACT S 1408, by Commerce and Human Resources Committee, RELATING TO BOND LEVY EQUALIZATION SUPPORT was read the second time at length and filed for third reading. PROGRAM FOR SCHOOL FACILITIES; AMENDING SECTION 33-802A, IDAHO CODE, TO REVISE THE S 1454, by State Affairs Committee, was read the second COMPUTATION OF BOND AND BOND INTEREST LEVIES time at length and filed for third reading. AND TO CORRECT A CODIFIER'S ERROR; AMENDING S 1410, by Commerce and Human Resources Committee, CHAPTER 9, TITLE 33, IDAHO CODE, BY THE ADDITION was read the second time at length and filed for third reading. OF A NEW SECTION 33-906, IDAHO CODE, TO ADOPT A BOND LEVY EQUALIZATION SUPPORT PROGRAM; H 525, by Agricultural Affairs Committee, was read the AMENDING CHAPTER 9, TITLE 33, IDAHO CODE, BY second time at length and filed for third reading. 148 SENATE JOURNAL February 26, 2002]

The Senate advanced to the Thirteenth Order of Business. NAYS--Dunklin, Ingram, Keough, Marley, Sims, Stegner, Stennett. Total - 7. Third Reading of Bills Total - 35. S 1424, having been held, was read the third time at length, section by section, and placed before the Senate for final Whereupon the President Pro Tempore declared S 1344 consideration. Senator Sandy arose as sponsor of the bill and passed, title was approved, and the bill ordered transmitted to the opened the debate. The question being, “Shall the bill pass?” House.

Roll call resulted as follows: S 1468, having been held, was read the third time at length, section by section, and placed before the Senate for final AYES--Andreason, Bartlett (Branch), Boatright, Brandt, consideration. Senators Sorensen and Dunklin arose as co- Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, sponsors of the bill and opened the debate. The question being, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, “Shall the bill pass?” Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Thorne, Wheeler, Williams. Roll call resulted as follows: Total - 30. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, NAYS--None. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, Absent and excused--Dunklin, Frasure, Goedde, Sorensen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Stennett. Total - 5. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. Total - 35. NAYS--Bunderson, Ingram. Total - 2. Whereupon the President Pro Tempore declared S 1424 passed, title was approved, and the bill ordered transmitted to the Total - 35. House. Whereupon the President Pro Tempore declared S 1468 S 1419, having been held, was read the third time at length, passed, title was approved, and the bill ordered transmitted to the section by section, and placed before the Senate for final House. consideration. Senator King-Barrutia arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Roll call resulted as follows: Miscellaneous Business AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, On motion by Senator Risch, seconded by Senator Stennett, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, by voice vote the Senate adjourned at 12:25 p.m. until the hour Keough, King-Barrutia, Little, Lodge, Marley, Richardson, of 9:30 a.m., Tuesday, February 26, 2002. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. ROBERT L. GEDDES, President Pro Tempore

NAYS--None. Attest: JEANNINE WOOD, Secretary

Absent and excused--Dunklin, Noh. Total - 2. ______Total - 35.

Whereupon the President Pro Tempore declared S 1419 FIFTY-FIRST LEGISLATIVE DAY passed, title was approved, and the bill ordered transmitted to the TUESDAY, FEBRUARY 26, 2002 House.

S 1344, having been held, was read the third time at length, Senate Chamber section by section, and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and President Pro Tempore Geddes called the Senate to order at opened the debate. The question being, “Shall the bill pass?” 9:30 a.m. Roll call resulted as follows: Roll call showed all members present except Senators AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Cameron and Sorensen, absent and excused. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, King-Barrutia, Prayer was offered by Chaplain C. Leon Johnson. Little, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Thorne, Wheeler, Williams. Total - 28. The Senate advanced to the Third Order of Business. [February 26, 2002 SENATE JOURNAL 149

Reading and Correction of the Journal SCR 131 BY STATE AFFAIRS COMMITTEE The JUDICIARY AND RULES Committee reports that the A CONCURRENT RESOLUTION Senate Journal of the proceedings of February 25, 2002, was read STATING LEGISLATIVE FINDINGS AND APPROVING and approved as corrected. ADMINISTRATIVE RULES THAT IMPOSE A FEE OR CHARGE, WITH AN EXCEPTION, AND REJECTING DARRINGTON, Chairman CERTAIN AGENCY RULES THAT ARE NOT APPROVED.

There being no objection, the report was adopted and Be It Resolved by the Legislature of the State of Idaho: ordered filed in the office of the Secretary of the Senate. WHEREAS, the Legislature pursuant to Section 67-5224, On request by Senator Risch, granted by unanimous consent, Idaho Code, must approve certain administrative rules that impose the Senate advanced to the Fifth Order of Business. a fee or charge by adoption of a concurrent resolution before the rules become effective; and Petitions, Resolutions, and Memorials WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, SCR 130 Idaho Code, in the event that the Legislature finds that the rules BY STATE AFFAIRS COMMITTEE are not consistent with legislative intent; and A CONCURRENT RESOLUTION WHEREAS, it is the finding of the Legislature that a certain STATING LEGISLATIVE FINDINGS AND APPROVING rule of the State Board of Morticians relating to reinstatement and AND EXTENDING TEMPORARY RULES REVIEWED BY annual renewal fees is not consistent with legislative intent; and THE LEGISLATURE, WITH AN EXCEPTION. WHEREAS, the Legislature finds that it is in the public interest to adopt this resolution. Be It Resolved by the Legislature of the State of Idaho: NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho WHEREAS, the Legislature by statute must approve Legislature, the Senate and the House of Representatives temporary rules by adoption of a concurrent resolution approving concurring therein, that all pending administrative rules or the rule if the temporary rule is to remain in effect beyond the end portions of pending administrative rules adopted by state agencies of the current legislative session; and pursuant to the Administrative Procedure Act during the prior WHEREAS, the expiration of temporary rules would calendar year, and submitted through the Office of Rules occasion additional expense to state agencies in readopting and Coordinator to the Legislature for review during the 2002 republishing temporary rules needed to conduct state business; legislative session, which impose a fee or charge, be, and the and same are approved, with the exception of the following WHEREAS, the Legislature finds that it is in the public enumerated pending fee rule: interest to adopt this resolution. IDAPA 24.08.01, Section 500, Subsection 07, Rules of NOW, THEREFORE, BE IT RESOLVED by the members the State Board of Morticians relating to reinstatement of the Second Regular Session of the Fifty-sixth Idaho and annual renewal fees for back years, adopted as a Legislature, the Senate and the House of Representatives pending fee rule under Docket Number 24-0801-0101; concurring therein, that all temporary rules adopted by state and agencies pursuant to the Administrative Procedure Act and BE IT FURTHER RESOLVED by the members of the submitted to the Legislature at the Legislature's request through Second Regular Session of the Fifty-sixth Idaho Legislature, the the Office of Rules Coordinator for review during the 2002 Senate and the House of Representatives concurring therein, that legislative session, and all temporary rules previously approved and extended by concurrent resolution adopted in a prior regular IDAPA 24.08.01, Section 500, Subsection 07, Rules of the State session of the Idaho Legislature, be, and the same are approved, Board of Morticians relating to reinstatement and annual renewal with the exception of the following enumerated temporary rules fees, adopted as a pending fee rule under Docket Number section: 24-0801-0101 be, and the same is hereby rejected and not IDAPA 02.06.16, the entire rulemaking docket, approved and thereby pursuant to Sections 67-5291 and 67-5224, concerning crop residue disposal, rules of the Idaho Idaho Code, is declared null, void and of no force and effect. Department of Agriculture, adopted as temporary rules BE IT FURTHER RESOLVED by the members of the under Docket Number 02-0616-0101. Second Regular Session of the Fifty-sixth Idaho Legislature, the BE IT FURTHER RESOLVED that a temporary rule or partial temporary rule approved by this concurrent resolution Senate and the House of Representatives concurring therein, that shall remain in effect until it expires by its own terms or by rule provisions imposing fees or charges that were not submitted operation of law or until it is replaced by a final rule, but in no through the Office of Rules Coordinator for legislative review or event shall a temporary rule remain in effect beyond the that otherwise are not included and approved in this concurrent conclusion of the First Regular Session of the Fifty-seventh Idaho resolution shall be null, void and of no force and effect unless Legislature unless it is further extended by adoption of a approved by adoption of a separate concurrent resolution by both concurrent resolution by both houses of the Legislature. houses of the Legislature as provided in Section 67-5224, Idaho Temporary rules or sections of temporary rules which are Code. excepted from approval hereunder or which were not submitted to the Legislature for review during the 2002 legislative session shall expire by operation of statute upon adjournment of the SCR 130 and SCR 131 were introduced, read at length, and Second Regular Session of the Fifty-sixth Idaho Legislature, referred to the Judiciary and Rules Committee for printing. unless approved by adoption of a separate concurrent resolution by both houses of the Legislature. The Senate advanced to the Sixth Order of Business. 150 SENATE JOURNAL February 26, 2002]

Reports of Standing Committees Messages from the House

February 26, 2002 February 25, 2002

The JUDICIARY AND RULES Committee reports that Mr. President: S 1472, S 1473, S 1474, S 1475, and S 1476 have been correctly I transmit herewith H 582, H 517, H 616, HJM 16, H 611, printed. H 556, H 561, H 406, H 552, H 557, H 612, H 613, and HJM 17, and I return herewith SCR 125 and SCR 126 which DARRINGTON, Chairman have passed the House.

S 1472 was referred to the Health and Welfare Committee. JUKER, Chief Clerk

S 1473, S 1474, S 1475, and S 1476 were referred to the H 582, H 517, H 616, HJM 16, H 611, H 556, H 561, Education Committee. H 406, H 552, H 557, H 612, H 613, and HJM 17 were filed for first reading. February 25, 2002 SCR 125 and SCR 126 were referred to the Judiciary and Rules Committee for enrolling. The JUDICIARY AND RULES Committee reports out S 1385, S 1386, S 1388, and S 1460 with the recommendation February 25, 2002 that they do pass. Mr. President: DARRINGTON, Chairman I transmit herewith Enrolled HCR 46, H 423, H 407, S 1385, S 1386, S 1388, and S 1460 were filed for second H 412, H 560, H 422, as amended, H 492, H 513, and H 559 for reading. the signature of the President. JUKER, Chief Clerk February 25, 2002 The President Pro Tempore signed Enrolled HCR 46, The JUDICIARY AND RULES Committee reports out H 423, H 407, H 412, H 560, H 422, as amended, H 492, S 1448 and S 1387 with the recommendation that they be referred H 513, and H 559 and ordered them returned to the House. to the Fourteenth Order of Business for amendment. The Senate advanced to the Tenth Order of Business. DARRINGTON, Chairman Motions and Resolutions There being no objection, S 1448 and S 1387 were referred Senators Cameron and Sorensen were recorded present at to the Fourteenth Order of Business, General Calendar. this order of business.

February 25, 2002 The President Pro Tempore announced that HCR 44 was before the Senate for final consideration, the question being, The LOCAL GOVERNMENT AND TAXATION “Shall the resolution be adopted?” Committee reports out H 549 with the recommendation that it do pass. On motion by Senator Darrington, seconded by Senator Risch, HCR 44 was adopted by voice vote, title was approved, THORNE, Chairman and the resolution ordered returned to the House.

The President Pro Tempore announced the Resources and H 549 was filed for second reading. Environment Committee report, relative to the Gubernatorial appointment of Nancy Hadley, was before the Senate for final February 25, 2002 consideration.

The STATE AFFAIRS Committee reports out S 1461 with Moved by Senator Keough, seconded by Senator Goedde, the recommendation that it do pass. that the Gubernatorial appointment of Nancy Hadley as a member of the Idaho Fish and Game Commission be confirmed. The SORENSEN, Chairman question being, “Shall the motion prevail?”

S 1461 was filed for second reading. Roll call vote was requested by Senators Ingram, Hawkins, and Keough. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Roll call resulted as follows: [February 26, 2002 SENATE JOURNAL 151

AYES--Andreason, Boatright, Brandt, Bunderson, S 1477 and S 1478 were introduced, read the first time at Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, length, and referred to the Judiciary and Rules Committee for Geddes, Goedde, Ingram, Ipsen, Keough, Little, Lodge, Noh, printing. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Williams. Total - 28. H 582, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local NAYS--Bartlett (Branch), Hawkins, Hill, King-Barrutia, Government and Taxation Committee. Marley, Wheeler. Total - 6. H 517, by Transportation and Defense Committee, was Absent and excused--Frasure. Total - 1. introduced, read the first time at length, and referred to the State Affairs Committee. Total - 35. H 616, H 612, and H 613, by State Affairs Committee, were The President Pro Tempore declared the motion had introduced, read the first time at length, and referred to the State prevailed and directed the Secretary of the Senate to prepare a Affairs Committee. letter of the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the HJM 16, by Education Committee, was introduced, read at Governor informing him of the action of the Senate. length, and referred to the Education Committee.

The Senate advanced to the Eleventh Order of Business. H 611, by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the Introduction, First Reading, and Reference of Bills, Transportation Committee. House Petitions, Resolutions, and Memorials

S 1477 H 556 and H 561, by Agricultural Affairs Committee, were BY STATE AFFAIRS COMMITTEE introduced, read the first time at length, and referred to the AN ACT Agricultural Affairs Committee. RELATING TO TELECOMMUNICATIONS SERVICE; AMENDING SECTION 56-904, IDAHO CODE, TO PROVIDE THAT CERTAIN SURCHARGES SHALL BE IMPOSED H 406, by Mr. Speaker, was introduced, read the first time ONLY ON CUSTOMERS OF MOBILE WIRELESS CARRIERS at length, and referred to the Health and Welfare Committee. WITH A PLACE OF PRIMARY USE IN IDAHO AND TO DEFINE "PLACE OF PRIMARY USE"; PROVIDING AN H 552 and H 557, by Health and Welfare Committee, were EFFECTIVE DATE AND PROVIDING APPLICATION. introduced, read the first time at length, and referred to the S 1478 Health and Welfare Committee. BY STATE AFFAIRS COMMITTEE AN ACT HJM 17, by State Affairs Committee, was introduced, read RELATING TO ORGANIZATION OF LIBRARY DISTRICTS; AMENDING SECTION 33-2701, IDAHO CODE, TO at length, and referred to the State Affairs Committee. CLARIFY THE PURPOSE OF THE CHAPTER; AMENDING SECTION 33-2702, IDAHO CODE, TO DEFINE TERMS; The Senate advanced to the Twelfth Order of Business. AMENDING SECTION 33-2715, IDAHO CODE, TO PROVIDE FOR ELECTION TO BE HELD ON THE Second Reading of Bills UNIFORM ELECTION DATE IN MAY AND TO GOVERN TERMS OF MEMBERS; AMENDING SECTION 33-2718, H 501 and H 498, by Judiciary, Rules, and Administration IDAHO CODE, TO GOVERN CREATION OF TRUSTEE Committee, were read the second time at length and filed for ZONES AND TO PROVIDE THAT ELECTION FROM third reading. ZONES SHALL BE LIMITED TO RESIDENTS OF THE ZONE; AMENDING SECTION 33-2719, IDAHO CODE, TO DISTINGUISH MEETING REQUIREMENTS FOR S 1471, by Finance Committee, was read the second time at ADMINISTRATIVE ONLY DISTRICTS AND TO GOVERN length and filed for third reading. DISTRICT MEETINGS; AMENDING SECTION 33-2720, IDAHO CODE, TO SPECIFY ADDITIONAL POWERS AND The Senate advanced to the Thirteenth Order of Business. DUTIES OF THE BOARD OF TRUSTEES; AMENDING SECTION 33-2721, IDAHO CODE, TO CLARIFY DUTIES OF Third Reading of Bills LIBRARY DIRECTORS AND DIRECTOR TEAMS; AMENDING SECTION 33-2722, IDAHO CODE, TO On request by Senator Cameron, granted by unanimous CLARIFY APPLICATION OF STATE AND FEDERAL LAW; consent, S 1456, S 1457, S 1464, S 1465, and S 1466 retained AMENDING SECTION 33-2723, IDAHO CODE, TO their place on the Third Reading Calendar for one legislative day. REDESIGNATE THE SECTION; AMENDING SECTION 33-2725, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 33-2727, S 1407 was read the third time at length, section by section, IDAHO CODE, TO CLARIFY POWERS TO PARTICIPATE and placed before the Senate for final consideration. Senator Hill IN CONTRACTS, JOINT POWERS AGREEMENTS AND arose as sponsor of the bill and opened the debate. The question NONPROFIT CORPORATIONS. being, “Shall the bill pass?” 152 SENATE JOURNAL February 26, 2002]

Roll call resulted as follows: On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate recessed at 11:45 a.m. until the hour of AYES--Andreason, Bartlett (Branch), Boatright, Brandt, 4 p.m. of this day. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, RECESS King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, AFTERNOON SESSION Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. The Senate reconvened at 4 p.m., pursuant to recess, President Pro Tempore Geddes presiding. NAYS--Schroeder. Total - 1. Roll call showed all members present except Senators Absent and excused--Bunderson, Hawkins. Total - 2. Goedde, Little, Noh, Schroeder, and Stennett, absent and excused. Total - 35. Prior to recess the Senate was at the Thirteenth Order of Whereupon the President Pro Tempore declared S 1407 Business, Third Reading of Bills. passed, title was approved, and the bill ordered transmitted to the House. Senators Goedde, Little, Schroeder, and Stennett were recorded present at this order of business. S 1349, as amended, was read the third time at length, section by section, and placed before the Senate for final S 1434 was read the third time at length, section by section, consideration. Senator Darrington arose as sponsor of the bill and placed before the Senate for final consideration. Senator and opened the debate. The question being, “Shall the bill pass?” Deide arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, AYES--Andreason, Boatright, Bunderson, Cameron, Davis, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Deide, Dunklin, Geddes, Goedde, Ingram, Keough, King-Barrutia, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Lodge, Marley, Risch, Sandy, Schroeder, Sorensen, Stegner, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Stennett, Thorne, Wheeler. Total - 22. Wheeler, Williams. Total - 33. NAYS--Bartlett (Branch), Brandt, Burtenshaw, Darrington, NAYS--None. Frasure, Hawkins, Hill, Ipsen, Little, Richardson, Sims, Williams. Total - 12.

Absent and excused--Bunderson, Hawkins. Total - 2. Absent and excused--Noh. Total - 1.

Total - 35. Total - 35. Whereupon the President Pro Tempore declared S 1349, as Whereupon the President Pro Tempore declared S 1434 amended, passed, title was approved, and the bill ordered passed, title was approved, and the bill ordered transmitted to the transmitted to the House. House.

S 1360, as amended, was read the third time at length, On request by Senator Risch, granted by unanimous consent, section by section, and placed before the Senate for final the Senate advanced to the Fourteenth Order of Business. consideration. Senators King-Barrutia and Deide arose as co- sponsors of the bill and opened the debate. The question being, General Calendar “Shall the bill pass?”

Roll call resulted as follows: Senator Noh was recorded present at this order of business.

AYES--Andreason, Bunderson, Burtenshaw, Davis, Deide, The President Pro Tempore declared the Senate resolved into Dunklin, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Little, the Committee of the Whole and called Senator Davis to the Chair Lodge, Marley, Noh, Risch, Sandy, Schroeder, Stegner, Stennett, to preside during the sitting of the Committee of the Whole. Thorne, Wheeler. Total - 22.

NAYS--Bartlett (Branch), Boatright, Brandt, Cameron, Following the adjournment of the Committee of the Whole, Darrington, Frasure, Geddes, Hawkins, Hill, Richardson, Sims, the President Pro Tempore called the Senate to order. Sorensen, Williams. Total - 13.

Total - 35. Report of the Committee of the Whole

Whereupon the President Pro Tempore declared S 1360, as Senator Davis, Chairman of the Committee of the Whole, amended, passed, title was approved, and the bill ordered reported out H 486, H 420, as amended, H 488, S 1351, and transmitted to the House. S 1448, without recommendation, amended as follows: [February 26, 2002 SENATE JOURNAL 153

SENATE AMENDMENT TO H 486 "63-602FF. Partial exemption for parcels of land in a rural AMENDMENTS TO THE BILL home site development plat. (1) Each parcel of land in a rural On page 2 of the printed bill, delete lines 25 through 33; and home site development plat previously eligible for the exemption in line 34, delete "SECTION 6" and insert: "SECTION 5". pursuant to section 63-602K, Idaho Code, shall continue to be eligible for the exemption until such time as improvements are CORRECTIONS TO TITLE being built upon the parcel. Once construction of the On page 1, in line 10, delete "AMEND-", delete lines 11 improvements has begun, no acreage in the parcel shall be and 12, and in line 13, delete "MITTEE;". eligible for the exemption pursuant to section 63-602K, Idaho Code, unless the requirements of the exemption have been met. AMENDMENT TO SECTION 1 (2) For purposes of this section, the following definitions On page 1 of the printed bill, in line 24, delete "basis. shall apply: through June 30, 2004," and insert: "basis through June 30, (a) "Plat" means the drawing, map or plan of a subdivision 2004.,". or a replatting of such, including certifications, descriptions and CORRECTION TO TITLE approvals. On page 1, delete line 3, and in line 4 delete "A ONE-TIME (b) "Rural home site development plat" means a subdivision BASIS;" and insert: "CODE, TO REMOVE LANGUAGE plat for the development of property outside the boundaries of an RELATING TO APPROPRIATIONS FOR ADMINISTRATIVE incorporated municipality within a county of less than one COSTS;". hundred thousand (100,000) population, recorded with the county recorder.". SENATE AMENDMENTS TO H 420, As Amended AMENDMENT TO SECTION 1 AMENDMENT TO THE BILL On page 2 of the engrossed bill, delete lines 20 and 21, and On page 2, delete lines 15 through 53, and on page 3, delete insert: "practical experience, to engage in the practice of lines 1 through 10; and in line 11, delete "4" and insert: "3". professional geology. and the allied geosciences of geophysics and geochemistry.". CORRECTIONS TO TITLE On page 1, delete lines 3 through 9, and insert: "INTENT, AMENDMENTS TO SECTION 2 FINDINGS AND PURPOSE; AMENDING CHAPTER 6, On page 2, in line 34, delete "professional geologists" and TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW insert: "professional geologists members"; delete lines 35 and 36, SECTION 63-602FF, IDAHO CODE, TO PROVIDE FOR A and insert: "appointed by the governor from among nominees PARTIAL PROPERTY TAX EXEMPTION FOR PARCELS OF LAND IN A RURAL HOME SITE DEVELOPMENT PLAT recommended by the Idaho Association of Professional UPON CERTAIN CONDITIONS OCCURRING AND TO Geologists, and shall have the"; and in line 39, delete DEFINE TERMS; DECLARING AN EMERGENCY AND "professional" and insert: "professional". PROVIDING RETROACTIVE APPLICATION.".

AMENDMENT TO SECTION 3 SENATE AMENDMENT TO S 1351 On page 3, delete lines 10 and 11, and insert: "Each AMENDMENTS TO SECTION 1 appointee to subsequent boards and shall be a geologist registered On page 1 of the printed bill, in line 19, delete "or never have been the subject of a disciplinary action under the". household" and insert: "or household"; and also in line 19, delete "former spouses," and insert: "former spouses, and"; in line 20, AMENDMENT TO SECTION 10 following "blood" insert: ", adoption"; and also in line 20, delete On page 6, in line 1, delete "on the basis of comparable "marriage, persons who reside or have resided together, and"; licensing requirements," and insert: "on the basis of comparable delete lines 21 and 22, and insert: "marriage., persons who reside licensing requirements,". or have resided together, and persons who have a child in common regardless of whether they have been married or have CORRECTIONS TO TITLE lived together at any time."; following line 23, insert: On page 1, in line 2, delete "EXPAND THE" and insert: "(5) "Household member" means persons who reside or "REDEFINE"; in line 3, delete "DEFINITIONS OF"; and also have resided together, and persons who have a child in common in line 3, following "GEOLOGIST"" delete the remainder of the regardless of whether they have been married or have lived line, and in line 4, delete "HYDROGEOLOGY AS AN ALLIED together at any time."; GEOSCIENCE"; in line 5, delete "PROVIDE THAT" and insert: in line 24, delete "(5)" and insert: "(56)"; and in line 26, delete "REVISE THE COMPOSITION AND APPOINTMENT OF "(6)" and insert: "(67)". MEMBERS TO"; in line 6, following "GEOLOGISTS" delete the remainder of the line, delete line 7, and in line 8, delete CORRECTION TO TITLE "PROVIDE PROPER TERMINOLOGY"; and in line 21, delete On page 1, in line 3, delete "THE TERM "DOMESTIC "A QUALIFICATION" and insert: "QUALIFICATIONS". VIOLENCE."" and insert: "AND REVISE TERMS.".

SENATE AMENDMENTS TO H 488 SENATE AMENDMENT TO S 1448 AMENDMENT TO SECTION 1 AMENDMENTS TO SECTION 1 On page 1 of the printed bill, in line 22, delete "63-318" and On page 6 of the printed bill, in line 8, following insert: "63-602FF". "EXPUNGEMENT" insert: "-- EXCEPTION TO REQUIREMENTS OF CHAPTER"; and also on page 6, following line 36, insert: AMENDMENT TO SECTION 2 "(3) No person shall be required to register under this On page 1, in line 33, delete "Chapter 3" and insert: chapter if a state or federal court of competent jurisdiction has "Chapter 6"; in line 35, delete "63-318" and insert: "63-602FF"; made a written finding that the person has provided substantial delete lines 36 through 42, and on page 2, delete lines 1 through cooperation to any local, state or federal law enforcement 14, and insert: agency.". 154 SENATE JOURNAL February 27, 2002]

CORRECTIONS TO TITLE Prayer was offered by Chaplain C. Leon Johnson. On page 1, in line 10, following "REGISTRY" delete "," and insert: "AND TO PROVIDE AN EXCEPTION TO The Senate advanced to the Third Order of Business. REQUIREMENTS OF THE CHAPTER,". Reading and Correction of the Journal The committee also has S 1302, H 474, SJR 103, and S 1387 under consideration, reports progress, and begs leave to The JUDICIARY AND RULES Committee reports that the sit again. Senate Journal of the proceedings of February 26, 2002, was read and approved as corrected. DAVIS, Chairman DARRINGTON, Chairman On motion by Senator Davis, seconded by Senator Marley, There being no objection, the report was adopted and the report was adopted by voice vote. ordered filed in the office of the Secretary of the Senate.

S 1351, as amended, and S 1448, as amended, were referred On request by Senator Risch, granted by unanimous consent, to the Judiciary and Rules Committee for engrossing and the the Senate advanced to the Sixth Order of Business. amendments thereto were referred to the Judiciary and Rules Committee for printing. Reports of Standing Committees

H 486, as amended in the Senate, H 420, as amended, as Senators Deide, King-Barrutia, Sorensen, and Stennett were amended in the Senate, and H 488, as amended in the Senate, recorded present at this order of business. were filed for first reading as amended, and the amendments February 27, 2002 thereto were referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports that S 1477, S 1478, SCR 130, and SCR 131 have been correctly On request by Senator Risch, granted by unanimous consent, printed. the Senate returned to the Thirteenth Order of Business, Third Reading of Bills. DARRINGTON, Chairman S 1477 and S 1478 were referred to the State Affairs On request by Senator Risch, granted by unanimous consent, Committee. all House bills were placed at the bottom of the Third Reading Calendar. SCR 130 and SCR 131 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the On request by Senator Risch, granted by unanimous consent, Secretary’s desk for one legislative day. the Senate advanced to the Fifteenth Order of Business. February 27, 2002 Miscellaneous Business The JUDICIARY AND RULES Committee reports that SCR 125 and SCR 126 have been correctly enrolled. On motion by Senator Risch, seconded by Senator Marley, by voice vote the Senate adjourned at 6:10 p.m. until the hour of DARRINGTON, Chairman 9:45 a.m., Wednesday, February 27, 2002. The President signed Enrolled SCR 125 and SCR 126 and ROBERT L. GEDDES, President Pro Tempore ordered them transmitted to the House for the signature of the Speaker. Attest: JEANNINE WOOD, Secretary February 27, 2002

The JUDICIARY AND RULES Committee reports that ______S 1351, as amended, and S 1448, as amended, have been correctly engrossed.

DARRINGTON, Chairman

FIFTY-SECOND LEGISLATIVE DAY S 1351, as amended, and S 1448, as amended, were filed WEDNESDAY, FEBRUARY 27, 2002 for first reading. February 27, 2002

Senate Chamber The JUDICIARY AND RULES Committee reports that Senate amendments to H 486, H 420, as amended, H 488, President Riggs called the Senate to order at 9:45 a.m. S 1351, and S 1448 have been correctly printed. DARRINGTON, Chairman Roll call showed all members present except Senators Cameron, Deide, King-Barrutia, Sorensen, and Stennett, absent The report was ordered filed in the office of the Secretary of and excused. the Senate. [February 27, 2002 SENATE JOURNAL 155

February 26, 2002 Enrolled SJM 110 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. The HEALTH AND WELFARE Committee reports out H 391 with the recommendation that it do pass. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. IPSEN, Chairman Introduction, First Reading, and Reference of Bills, H 391 was filed for second reading. House Petitions, Resolutions, and Memorials

February 26, 2002 H 486, as amended in the Senate, by State Affairs Committee, was read the first time at length and filed for second The TRANSPORTATION Committee reports out H 516 reading. with the recommendation that it do pass. H 420, as amended, as amended in the Senate, by Mr. FRASURE, Chairman Speaker, was read the first time at length and filed for second reading. H 516 was filed for second reading. H 488, as amended in the Senate, by Revenue and Taxation Committee, was read the first time at length and filed for second February 26, 2002 reading.

The TRANSPORTATION Committee reports out S 1443 S 1351, as amended, by Judiciary and Rules Committee, was with the recommendation that it be referred to the Fourteenth read the first time at length and filed for second reading. Order of Business for amendment. S 1448, as amended, by State Affairs Committee, was read FRASURE, Chairman the first time at length and filed for second reading.

There being no objection, S 1443 was referred to the HCR 50, by Revenue and Taxation Committee, was Fourteenth Order of Business, General Calendar. introduced, read at length, and referred to the State Affairs Committee. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. H 628, H 627, H 602, and H 562, by Judiciary, Rules, and Administration Committee, were introduced, read the first time Messages from the House at length, and referred to the Judiciary and Rules Committee.

Senator Cameron was recorded present at this order of H 583, H 589, and H 584, by Business Committee, were business. introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. February 26, 2002 H 539, H 604, and H 569, by Resources and Conservation Mr. President: Committee, were introduced, read the first time at length, and referred to the Resources and Environment Committee. I transmit herewith HCR 50, H 628, H 627, H 602, H 562, H 583, H 589, H 539, H 584, H 604, and H 569 which have The Senate advanced to the Twelfth Order of Business. passed the House. Second Reading of Bills

JUKER, Chief Clerk S 1385, S 1386, S 1388, and S 1460, by Judiciary and Rules Committee, were read the second time at length and filed for HCR 50, H 628, H 627, H 602, H 562, H 583, H 589, third reading. H 539, H 584, H 604, and H 569 were filed for first reading. H 549, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. February 26, 2002 S 1461, by State Affairs Committee, was read the second Mr. President: time at length and filed for third reading.

I transmit herewith Enrolled H 431 and H 432 for the The Senate advanced to the Thirteenth Order of Business. signature of the President, and I return herewith Enrolled SJM 110, which have been signed by the Speaker. Third Reading of Bills

JUKER, Chief Clerk S 1456, having been held, was read the third time at length, section by section, and placed before the Senate for final The President signed Enrolled H 431 and H 432 and ordered consideration. Senator Richardson arose as sponsor of the bill them returned to the House. and opened the debate. The question being, “Shall the bill pass?” 156 SENATE JOURNAL February 27, 2002]

Call of the Senate was requested by Senators Risch, Davis, S 1465, having been held, was read the third time at length, and Boatright. section by section, and placed before the Senate for final consideration. Senator Cameron arose as sponsor of the bill and Whereupon the President ordered the doorkeepers to lock the opened the debate. The question being, “Shall the bill pass?” doors permitting no Senator to leave the Senate Chamber. The Sergeant at Arms was instructed to find and present any absent Roll call resulted as follows: members to the Senate. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Roll call showed all members present. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, On request by Senator Risch, granted by unanimous consent, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, the Call was lifted. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. The question being, “Shall S 1456 pass?” NAYS--Hawkins. Total - 1. Roll call resulted as follows: Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the President declared S 1465 passed, title was Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, approved, and the bill ordered transmitted to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, S 1466, having been held, was read the third time at length, Thorne, Wheeler, Williams. Total - 34. section by section, and placed before the Senate for final consideration. Senator Ingram arose as sponsor of the bill and NAYS--Schroeder. Total - 1. opened the debate. The question being, “Shall the bill pass?”

Total - 35. Roll call resulted as follows:

S 1456 Whereupon the President declared passed, title was AYES--Andreason, Bartlett (Branch), Boatright, Brandt, approved, and the bill ordered transmitted to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1457, having been held, was read the third time at length, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, section by section, and placed before the Senate for final Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, consideration. Senator Bunderson arose as sponsor of the bill and Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, opened the debate. The question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35.

Roll call resulted as follows: Whereupon the President declared S 1466 passed, title was approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1364 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stegner arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?”

Whereupon the President declared S 1457 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1464, having been held, was read the third time at length, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, section by section, and placed before the Senate for final Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, consideration. Senator Burtenshaw arose as sponsor of the bill Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and opened the debate. The question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President declared S 1364 passed, title was Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, approved, and the bill ordered transmitted to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, S 1365 was read the third time at length, section by section, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, and placed before the Senate for final consideration. Senator Stennett, Thorne, Wheeler, Williams. Total - 35. Richardson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared S 1464 passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: [February 27, 2002 SENATE JOURNAL 157

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1372 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senators Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Andreason and Schroeder arose as co-sponsors of the bill and Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, opened the debate. The question being, “Shall the bill pass?” Risch, Sandy, Schroeder, Sims, Sorensen, Thorne, Wheeler, Williams. Total - 32. Roll call resulted as follows:

NAYS--Stegner. Total - 1. AYES--Andreason, Boatright, Burtenshaw, Cameron, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, Little, Absent and excused--Geddes, Stennett. Total - 2. Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Wheeler. Total - 23. Total - 35. NAYS--Bartlett (Branch), Darrington, Davis, Frasure, Whereupon the President declared S 1365 passed, title was Geddes, Hawkins, King-Barrutia, Sorensen, Thorne, Williams. approved, and the bill ordered transmitted to the House. Total - 10.

S 1370 was read the third time at length, section by section, Absent and excused--Brandt, Bunderson. Total - 2. and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the President declared S 1372 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House.

AYES--Andreason, Cameron, Darrington, Davis, Deide, S 1462 was read the third time at length, section by section, Dunklin, Geddes, Goedde, Hill, King-Barrutia, Little, Lodge, and placed before the Senate for final consideration. Senator Marley, Noh, Risch, Sandy, Sims, Sorensen, Stennett, Thorne, King-Barrutia arose as sponsor of the bill and opened the debate. Wheeler. Total - 21. The question being, “Shall the bill pass?”

NAYS--Boatright, Brandt, Burtenshaw, Frasure, Hawkins, On request by Senator King-Barrutia, granted by unanimous Ingram, Ipsen, Keough, Richardson, Schroeder, Stegner, consent, S 1462 was referred to the Fourteenth Order of Williams. Total - 12. Business, General Calendar.

Absent and excused--Bartlett (Branch), Bunderson. S 1412 was read the third time at length, section by section, Total - 2. and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?”

Whereupon the President declared S 1370 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1420 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen arose as sponsor of the bill and opened the debate. The Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the President declared S 1412 passed, title was AYES--Andreason, Bartlett (Branch), Burtenshaw, approved, and the bill ordered transmitted to the House. Cameron, Darrington, Ipsen, Lodge, Richardson, Risch, Sorensen, Thorne, Williams. Total - 12. S 1414 was read the third time at length, section by section, and placed before the Senate for final consideration. Senators NAYS--Boatright, Brandt, Davis, Deide, Dunklin, Frasure, Sandy and Stennett arose as co-sponsors of the bill and opened the Geddes, Goedde, Hawkins, Hill, Ingram, Keough, King-Barrutia, debate. The question being, “Shall the bill pass?” Little, Marley, Noh, Sandy, Schroeder, Sims, Stegner, Stennett, Roll call resulted as follows: Wheeler. Total - 22. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Bunderson. Total - 1. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Total - 35. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Whereupon the President declared that S 1420 had failed to pass the Senate and ordered the bill filed in the office of the Whereupon the President declared S 1414 passed, title was Secretary of the Senate. approved, and the bill ordered transmitted to the House. 158 SENATE JOURNAL February 27, 2002]

On request by Senator Risch, granted by unanimous consent, Roll call showed all members present except Senators S 1391, as amended, retained its place on the Third Reading Andreason, Davis, Frasure, Hawkins, King-Barrutia, Noh, Calendar. Sandy, Schroeder, Sims, and Sorensen, absent and excused.

On request by Senator Deide, granted by unanimous consent, Prior to recess the Senate was at the Thirteenth Order of S 1431, as amended, retained its place on the Third Reading Business, Third Reading of Bills. Calendar for March 4, 2002. Senators Andreason, Davis, Hawkins, King-Barrutia, Sandy, S 1389, as amended, was read the third time at length, Schroeder, and Sorensen were recorded present at this order of section by section, and placed before the Senate for final business. consideration. Senator Bunderson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1356, as amended, as amended, was read the third time at length, section by section, and placed before the Senate for final Roll call resulted as follows: consideration. Senator Stennett arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Stennett, Thorne, Wheeler, Williams. Total - 35. Dunklin, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Richardson, Whereupon the President declared S 1389, as amended, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, passed, title was approved, and the bill ordered transmitted to the Wheeler, Williams. Total - 32. House. NAYS--None. S 1395, as amended, was read the third time at length, section by section, and placed before the Senate for final Absent and excused--Frasure, Noh, Sims. Total - 3. consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35.

Roll call resulted as follows: Whereupon the President Pro Tempore declared S 1356, as amended, as amended, passed, title was approved, and the bill AYES--Andreason, Bartlett (Branch), Boatright, Brandt, ordered transmitted to the House. Bunderson, Deide, Dunklin, Frasure, Geddes, Goedde, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, On request by Senator Risch, granted by unanimous consent, Sandy, Stegner, Stennett, Thorne. Total - 22. S 1391, as amended, having been held, was placed before the Senate for consideration at this time. NAYS--Burtenshaw, Cameron, Darrington, Davis, Hill, Ipsen, Richardson, Schroeder, Sims, Sorensen, Wheeler, The President Pro Tempore called Senator Stegner to the Williams. Total - 12. Chair.

Absent and excused--Hawkins. Total - 1. S 1391, as amended, was read the third time at length, section by section, and placed before the Senate for final Total - 35. consideration. Senators Wheeler and Thorne arose as co-sponsors of the bill and opened the debate. The question being, “Shall the Whereupon the President declared S 1395, as amended, bill pass?” passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows:

On request by Senator Bunderson, granted by unanimous AYES--Andreason, Boatright, Brandt, Bunderson, consent, S 1390, as amended, was referred to the Fourteenth Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Order of Business, General Calendar. Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Schroeder, Sorensen, Stegner, On motion by Senator Risch, seconded by Senator Stennett, Stennett, Thorne, Wheeler, Williams. Total - 28. by voice vote the Senate recessed at 12:10 p.m. until the hour of NAYS--Bartlett (Branch), Frasure, Geddes, King-Barrutia, 3:30 p.m. of this day. Risch, Sandy, Sims. Total - 7.

RECESS Total - 35. AFTERNOON SESSION Whereupon the Acting President declared S 1391, as The Senate reconvened at 3:30 p.m., pursuant to recess, amended, passed, title was approved, and the bill ordered President Pro Tempore Geddes presiding. transmitted to the House. [February 27, 2002 SENATE JOURNAL 159

S 1408 was read the third time at length, section by section, The question being, “Shall the motion prevail?” and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The Roll call vote was requested by Senators Stennett, Dunklin, question being, “Shall the bill pass?” and Marley.

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Dunklin, Marley, Schroeder, Stennett. Total - 4. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, NAYS--Andreason, Bartlett (Branch), Boatright, Brandt, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Frasure, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, Stennett, Thorne, Wheeler, Williams. Total - 35. Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 27. Whereupon the Acting President declared S 1408 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused--Hawkins, Ipsen, King-Barrutia, Noh. Total - 4. S 1454 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Andreason arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared the motion had not prevailed. The question being, “Shall S 1471 pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Frasure, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Stennett, Thorne, Wheeler, Williams. Total - 35. Wheeler, Williams. Total - 27.

Whereupon the Acting President declared S 1454 passed, NAYS--Dunklin, Hawkins, King-Barrutia, Marley, title was approved, and the bill ordered transmitted to the House. Schroeder, Stennett. Total - 6.

S 1410 was read the third time at length, section by section, Absent and excused--Ipsen, Noh. Total - 2. and placed before the Senate for final consideration. Senator Schroeder arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Paired and voting included in roll call:

Roll call resulted as follows: AYE - Sorensen NAY - King-Barrutia

AYES--Andreason, Boatright, Brandt, Bunderson, Total - 35. Burtenshaw, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the President declared S 1471 passed, title was Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Thorne, approved, and the bill ordered transmitted to the House. Wheeler, Williams. Total - 27.

On request by Senator Risch, granted by unanimous consent, NAYS--Bartlett (Branch), Cameron, Darrington, Frasure, Hawkins, Ipsen, Richardson, Sorensen. Total - 8. all Senate bills were moved to the head of the Third Reading Calendar. Total - 35. On request by Senator Risch, granted by unanimous consent, Whereupon the Acting President declared S 1410 passed, the Senate advanced to the Fifteenth Order of Business. title was approved, and the bill ordered transmitted to the House. Miscellaneous Business President Riggs assumed the Chair.

S 1471 was read the third time at length, section by section, On motion by Senator Risch, seconded by Senator Stennett, and placed before the Senate for final consideration. Senator by voice vote the Senate adjourned at 6:30 p.m. until the hour of Cameron arose as sponsor of the bill and opened the debate. The 9:30 a.m., Thursday, February 28, 2002. question being, “Shall the bill pass?”

Moved by Senator Marley, seconded by Senator Stennett, JACK RIGGS, President that S 1471 be referred to the Fourteenth Order of Business for amendment. Attest: JEANNINE WOOD, Secretary 160 SENATE JOURNAL February 28, 2002]

______WHEREAS, it is in the interest of the state of Idaho to have a plan that brings certainty about the extent and duration of cleanup activity and is focused on initiating and concluding cost-effective work that demonstrably benefits human health and FIFTY-THIRD LEGISLATIVE DAY the environment; and THURSDAY, FEBRUARY 28, 2002 WHEREAS, the First Regular Session of the Fifty-sixth Idaho Legislature passed into law House Bill No. 256, As Amended, also know as the Basin Environmental Improvement Senate Chamber Act, which provided for creation of the Coeur d'Alene Basin Environmental Improvement Commission to implement At the request of the President Pro Tempore, Senator environmental remediation, natural resource restoration and Darrington called the Senate to order at 9:30 a.m. related measures to address heavy metal contamination in the Coeur d'Alene Basin. Roll call showed all members present except Senators NOW, THEREFORE, BE IT RESOLVED by the members Andreason, Cameron, Davis, Hill, Noh, Schroeder, Stegner, and of the Second Regular Session of the Fifty-sixth Idaho Williams, absent and excused. Legislature, the Senate and the House of Representatives concurring therein, that we support the efforts and comments by Prayer was offered by Chaplain C. Leon Johnson. the Governor and the Idaho Department of Environmental Quality to ensure that the Environmental Protection Agency's record of The Senate advanced to the Third Order of Business. decision will provide certainty to the citizenry of the Coeur d'Alene Basin, will clearly identify both the areas and actual Reading and Correction of the Journal remediation work that is necessary and will be implemented through the Coeur d'Alene Basin Environmental Improvement Senators Cameron, Hill, Schroeder, and Stegner were Commission in a manner that builds the local economy and recorded present at this order of business. protects human health and the environment.

The JUDICIARY AND RULES Committee reports that the SCR 132 was introduced, read at length, and referred to the Senate Journal of the proceedings of February 27, 2002, was read Judiciary and Rules Committee for printing. and approved as corrected. The Senate advanced to the Sixth Order of Business. DARRINGTON, Chairman Reports of Standing Committees There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Senator Davis was recorded present at this order of business.

On request by Senator Risch, granted by unanimous consent, February 27, 2002 the Senate advanced to the Fifth Order of Business. The JUDICIARY AND RULES Committee reports that Petitions, Resolutions, and Memorials Enrolled SJM 110 was delivered to the Office of the Secretary of State at 1:59 p.m., February 27, 2002. SCR 132 BY JUDICIARY AND RULES COMMITTEE DARRINGTON, Chairman A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE REGARDING The report was ordered filed in the office of the Secretary of THE STATE OF IDAHO'S INTERESTS IN THE CLEANUP the Senate. PLAN FOR THE COEUR D'ALENE BASIN AND SUPPORTING EFFORTS OF THE EXECUTIVE BRANCH TO February 27, 2002 SECURE AND IMPLEMENT A FINAL PLAN THAT BUILDS THE LOCAL ECONOMY AND PROTECTS HUMAN The EDUCATION Committee reports out S 1474 with the HEALTH AND THE ENVIRONMENT. recommendation that it do pass.

Be It Resolved by the Legislature of the State of Idaho: SCHROEDER, Chairman

WHEREAS, the Legislature has reviewed the efforts of the S 1474 was filed for second reading. Governor and the Idaho Department of Environmental Quality to provide input to the Environmental Protection Agency's proposed February 27, 2002 plan to address heavy metal contamination in the Coeur d'Alene Basin; and The JUDICIARY AND RULES Committee reports out WHEREAS, the Environmental Protection Agency is taking S 1354, S 1451, S 1421, H 467, as amended, H 480, H 603, and comments on the proposed plan in advance of issuing a record of H 499 with the recommendation that they do pass. decision adopting a final plan; and WHEREAS, it is in the interest of the state of Idaho to have DARRINGTON, Chairman an affordable and common sense plan that protects public health, restores environmental quality and invigorates a depressed S 1354, S 1451, S 1421, H 467, as amended, H 480, economy in the Silver Valley; and H 603, and H 499 were filed for second reading. [February 28, 2002 SENATE JOURNAL 161

February 27, 2002 H 657, H 619, HCR 45, HCR 55, H 658, HJM 18, H 522, H 645, H 644, H 550, H 577, H 595, H 588, H 551, as The LOCAL GOVERNMENT AND TAXATION amended, H 608, as amended, H 607, as amended, and H 564, Committee reports out H 582 with the recommendation that it do as amended, were filed for first reading. pass. The Senate advanced to the Tenth Order of Business. THORNE, Chairman Motions and Resolutions H 582 was filed for second reading. The Acting President announced that SCR 130 was before February 27, 2002 the Senate for final consideration, the question being, “Shall the resolution be adopted?” The STATE AFFAIRS Committee reports out HCR 54, HCR 47, and H 518 with the recommendation that they do pass. On motion by President Pro Tempore Geddes, seconded by Senator Stennett, SCR 130 was adopted by voice vote, title was SORENSEN, Chairman approved, and the resolution ordered transmitted to the House.

HCR 54 and HCR 47 were referred to the Tenth Order of The Acting President announced that SCR 131 was before Business, Motions and Resolutions, and ordered held at the the Senate for final consideration, the question being, “Shall the Secretary’s desk for one legislative day. resolution be adopted?”

H 518 was filed for second reading. On motion by President Pro Tempore Geddes, seconded by Senator Stennett, SCR 131 was adopted by voice vote, title was On request by Senator Risch, granted by unanimous consent, approved, and the resolution ordered transmitted to the House. the Senate advanced to the Eighth Order of Business. The Senate advanced to the Eleventh Order of Business. Messages from the Governor Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials February 26, 2002 Senators Andreason, Noh, and Williams were recorded The Honorable Jack Riggs present at this order of business. President of the Senate Idaho Legislature S 1479 BY FINANCE COMMITTEE Dear Mr. President: AN ACT APPROPRIATING MONEYS TO THE INDUSTRIAL COMMISSION FOR FISCAL YEAR 2003; AND LIMITING I have the honor to advise you that I have signed today and THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. am transmitting to the Secretary of State the following Senate Bills, to wit: S 1480 BY FINANCE COMMITTEE S 1290, S 1303 AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT OF Sincerely, PARKS AND RECREATION FOR FISCAL YEAR 2003; /s/ Dirk Kempthorne LIMITING THE NUMBER OF AUTHORIZED FULL-TIME Governor POSITIONS; REAPPROPRIATING CERTAIN FUNDS FOR CAPITAL OUTLAY; AUTHORIZING THE CONTINUOUS The correspondence was ordered filed in the office of the APPROPRIATION OF CERTAIN FUNDS TO OPERATE THE Secretary of the Senate. DEPARTMENT'S ENTREPRENEURIAL BUDGET SYSTEM; AUTHORIZING THE TRANSFER OF CERTAIN FUNDS INTO THE PARK LAND TRUST FUND; AUTHORIZING The Senate advanced to the Ninth Order of Business. THE TRANSFER OF CERTAIN FUNDS TO THE PARKS AND RECREATION FUND; EXPRESSING LEGISLATIVE Messages from the House INTENT WITH RESPECT TO THE BILLINGSLEY CREEK BOND PAYMENT; APPROPRIATING MONEYS TO THE February 27, 2002 LAVA HOT SPRINGS FOUNDATION FOR FISCAL YEAR 2003; AND LIMITING THE NUMBER OF AUTHORIZED Mr. President: FULL-TIME POSITIONS.

I transmit herewith H 657, H 619, HCR 45, HCR 55, S 1481 H 658, HJM 18, H 522, H 645, H 644, H 550, H 577, H 595, BY FINANCE COMMITTEE H 588, H 551, as amended, H 608, as amended, H 607, as AN ACT amended, and H 564, as amended, which have passed the House. APPROPRIATING MONEYS FOR THE COMMISSION ON AGING FOR FISCAL YEAR 2003; AND LIMITING THE JUKER, Chief Clerk NUMBER OF FULL-TIME EQUIVALENT POSITIONS. 162 SENATE JOURNAL February 28, 2002]

S 1482 H 619 and H 607, as amended, by Revenue and Taxation BY FINANCE COMMITTEE Committee, were introduced, read the first time at length, and AN ACT referred to the Local Government and Taxation Committee. APPROPRIATING MONEYS TO THE LEGISLATIVE COUNCIL FOR FISCAL YEAR 2003; AND PROVIDING HCR 45 and HCR 55, by Revenue and Taxation Committee, THAT THE PRESIDENT PRO TEMPORE OF THE SENATE were introduced, read at length, and referred to the State Affairs AND THE SPEAKER OF THE HOUSE OF Committee. REPRESENTATIVES SHALL DIRECT THE STATE CONTROLLER TO REDUCE THE FUNDS TRANSFER TO H 658, by Ways and Means Committee, was introduced, THE LEGISLATIVE FUND. read the first time at length, and referred to the State Affairs Committee. S 1483 BY JUDICIARY AND RULES COMMITTEE HJM 18, by Ways and Means Committee, was introduced, AN ACT read at length, and referred to the Resources and Environment RELATING TO NOTICE OF PROPOSED RULEMAKING; Committee. AMENDING SECTION 67-5221, IDAHO CODE, TO REQUIRE ADDITIONAL POSTING WHEN THE PROPOSED H 522, H 645, and H 644, by Agricultural Affairs RULEMAKING IMPACTS TERMS AND CONDITIONS OF Committee, were introduced, read the first time at length, and EMPLOYEES OF THE AGENCY. referred to the Agricultural Affairs Committee.

S 1484 H 550, H 551, as amended, and H 608, as amended, by BY JUDICIARY AND RULES COMMITTEE Transportation and Defense Committee, were introduced, read the AN ACT first time at length, and referred to the Transportation Committee. RELATING TO CALCULATIONS OF MEDICAID; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY H 577, by Health and Welfare Committee, was introduced, THE ADDITION OF A NEW SECTION 56-209m, IDAHO read the first time at length, and referred to the Health and CODE, TO GOVERN THE CALCULATIONS OF MEDICAID Welfare Committee. REIMBURSEMENTS WHEN MEDICARE COVERAGE IS PROVIDED. H 595, by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and referred to the S 1485 Health and Welfare Committee. BY JUDICIARY AND RULES COMMITTEE AN ACT H 588, by Business Committee, was introduced, read the RELATING TO CLOSURE OF SCHOOLS; AMENDING first time at length, and referred to the State Affairs Committee. SECTION 33-511, IDAHO CODE, RELATING TO THE PROPOSED CLOSURE OF SECONDARY UNITS THIRTY H 564, as amended, by Judiciary, Rules, and Administration MILES OR MORE DISTANT FROM ANOTHER Committee, was introduced, read the first time at length, and SECONDARY ATTENDANCE UNIT, ONLY THE PATRONS referred to the Judiciary and Rules Committee. RESIDENT IN THIS ATTENDANCE AREA SHALL BE ELIGIBLE TO VOTE IN AN ELECTION REGARDING THE The Senate advanced to the Twelfth Order of Business. CLOSURE EXCEPT FOR ATTENDANCE UNITS, OR PORTIONS OF THEM, CREATED AFTER JANUARY 1, Second Reading of Bills 2002, IN WHICH CASE QUALIFIED SCHOOL DISTRICT ELECTORS THROUGHOUT THE SCHOOL DISTRICT H 391, by Mr. Speaker, was read the second time at length SHALL BE ELIGIBLE TO VOTE; DECLARING AN and filed for third reading. EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. H 516, by Transportation and Defense Committee, was read the second time at length and filed for third reading. S 1486 BY FINANCE COMMITTEE H 486, as amended in the Senate, by State Affairs AN ACT Committee, was read the second time at length and filed for third APPROPRIATING MONEYS TO THE ATTORNEY reading. GENERAL FOR FISCAL YEAR 2003; EXPRESSING LEGISLATIVE INTENT WITH RESPECT TO CERTAIN EXPENDITURES; LIMITING THE NUMBER OF H 420, as amended, as amended in the Senate, by Mr. AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; Speaker, was read the second time at length and filed for third AND EXPRESSING LEGISLATIVE INTENT WITH REGARD reading. TO THE SPECIAL LITIGATION PROGRAM. H 488, as amended in the Senate, by Revenue and Taxation S 1479, S 1480, S 1481, S 1482, S 1483, S 1484, S 1485, Committee, was read the second time at length and filed for third and S 1486 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. reading.

H 657, by Education Committee, was introduced, read the S 1351, as amended, by Judiciary and Rules Committee, was first time at length, and referred to the Education Committee. read the second time at length and filed for third reading. [February 28, 2002 SENATE JOURNAL 163

S 1448, as amended, by State Affairs Committee, was read S 1460 was read the third time at length, section by section, the second time at length and filed for third reading. and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. The Senate advanced to the Thirteenth Order of Business. The question being, “Shall the bill pass?”

Third Reading of Bills Roll call resulted as follows:

President Pro Tempore Geddes assumed the Chair. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1385 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Davis arose as sponsor of the bill and opened the debate. The Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35.

Roll call resulted as follows: Whereupon the Acting President declared S 1460 passed, title was approved, and the bill ordered transmitted to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, S 1461 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Bunderson arose as sponsor of the bill and opened the debate. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, The question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the President Pro Tempore declared S 1385 passed, title was approved, and the bill ordered transmitted to the AYES--Andreason, Bartlett (Branch), Boatright, Brandt, House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, S 1386 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Davis arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?” Whereupon the Acting President declared S 1461 passed, Roll call resulted as follows: title was approved, and the bill ordered transmitted to the House.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 503 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, King-Barrutia arose as sponsor of the bill and opened the debate. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, The question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows:

Whereupon the President Pro Tempore declared S 1386 AYES--Andreason, Bartlett (Branch), Boatright, Brandt, passed, title was approved, and the bill ordered transmitted to the Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, The President Pro Tempore called Senator Keough to the Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Chair. Stennett, Thorne, Wheeler, Williams. Total - 35.

S 1388 was read the third time at length, section by section, Whereupon the Acting President declared H 503 passed, title and placed before the Senate for final consideration. Senator was approved, and the bill ordered returned to the House. Davis arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 528 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Noh Roll call resulted as follows: arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Stennett, Thorne, Wheeler, Williams. Total - 35. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the Acting President declared S 1388 passed, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, title was approved, and the bill ordered transmitted to the House. Stennett, Thorne, Wheeler, Williams. Total - 35. 164 SENATE JOURNAL February 28, 2002]

Whereupon the Acting President declared H 528 passed, title NAYS--Marley. Total - 1. was approved, and the bill ordered returned to the House. Absent and excused--Bartlett (Branch), Frasure, Geddes, H 424 was read the third time at length, section by section, Hawkins. Total - 4. and placed before the Senate for final consideration. Senator Marley arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the Acting President declared H 399 passed, title Roll call resulted as follows: was approved, and the bill ordered returned to the House.

AYES--Andreason, Boatright, Brandt, Bunderson, Dunklin, Senator Risch assumed the Chair. Hill, Ingram, Keough, King-Barrutia, Little, Marley, Richardson, Schroeder, Stegner, Thorne, Wheeler. Total - 16. H 525 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--Bartlett (Branch), Burtenshaw, Cameron, Burtenshaw arose as sponsor of the bill and opened the debate. Darrington, Davis, Deide, Geddes, Goedde, Hawkins, Ipsen, The question being, “Shall the bill pass?” Lodge, Noh, Risch, Sandy, Sims, Sorensen, Williams. Total - 17. Roll call resulted as follows:

Absent and excused--Frasure, Stennett. Total - 2. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Total - 35. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the Acting President declared that H 424 had Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, failed to pass the Senate and ordered the bill returned to the Stennett, Thorne, Wheeler, Williams. Total - 35. House. Whereupon the Acting President declared H 525 passed, title H 398 was read the third time at length, section by section, was approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Andreason arose as sponsor of the bill and opened the debate. H 501 was read the third time at length, section by section, The question being, “Shall the bill pass?” and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, “Shall the bill pass?”

AYES--Andreason, Boatright, Brandt, Bunderson, Roll call resulted as follows: Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Schroeder, Sims, Sorensen, Stegner, Wheeler, Williams. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Total - 30. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--None. Whereupon the Acting President declared H 501 passed, title Absent and excused--Bartlett (Branch), Frasure, Geddes, was approved, and the bill ordered returned to the House. Stennett, Thorne. Total - 5. H 498 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Darrington arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared H 398 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 399 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Goedde arose as sponsor of the bill and opened the debate. The Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the Acting President declared H 498 passed, title AYES--Andreason, Boatright, Brandt, Bunderson, was approved, and the bill ordered returned to the House. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, H 549 was read the third time at length, section by section, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, and placed before the Senate for final consideration. Senator Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Stegner arose as sponsor of the bill and opened the debate. The Total - 30. question being, “Shall the bill pass?” [March 1, 2002 SENATE JOURNAL 165

Roll call resulted as follows: There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Deide, Goedde, Hill, Ipsen, On request by Senator Risch, granted by unanimous consent, King-Barrutia, Little, Lodge, Noh, Richardson, Risch, Sandy, the Senate advanced to the Fifth Order of Business. Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 23. Petitions, Resolutions, and Memorials

NAYS--Cameron, Darrington, Frasure, Hawkins, Ingram, SCR 133 Keough, Sims. Total - 7. BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION Absent and excused--Davis, Dunklin, Geddes, Marley, STATING FINDINGS OF THE LEGISLATURE AND Stennett. Total - 5. APPROVING, CONDITIONED UPON AMENDMENT, THE IDAHO WOLF CONSERVATION AND MANAGEMENT Total - 35. PLAN.

Whereupon the Acting President declared H 549 passed, title Be It Resolved by the Legislature of the State of Idaho: was approved, and the bill ordered returned to the House. WHEREAS, pursuant to Section 36-715, Idaho Code, the On request by Senator Sandy, granted by unanimous consent, Idaho Department of Fish and Game, in conjunction with the the Senate advanced to the Fifteenth Order of Business. Wolf Oversight Committee, has completed an Idaho Wolf Miscellaneous Business Conservation and Management Plan, identified as "Draft 17" and dated January 2002, and submitted the plan to the Legislature for On motion by Senator Sandy, seconded by Senator review; and Darrington, by voice vote the Senate adjourned at 11:50 a.m. WHEREAS, pursuant to Section 36-2405, Idaho Code, until the hour of 9:45 a.m., Friday, March 1, 2002. management plans are subject to legislative approval, amendment or rejection by concurrent resolution; and ROBERT L. GEDDES, President Pro Tempore WHEREAS, based upon review of the plan, the Legislature of the State of Idaho, herein amends the plan as follows: Attest: JEANNINE WOOD, Secretary Draft 17 - Page 4 of 32. The first full paragraph of the page shall be amended as follows: "The goal of this conservation and management plan is ______to ensure the long-term survival of wolves in Idaho while minimizing wolf-human conflicts that result when wolves and people live in the same vicinity. FIFTY-FOURTH LEGISLATIVE DAY Conservation of wolves requires management. FRIDAY, MARCH 1, 2002 Management for wolves means ensuring adequate numbers for long-term persistence of the species as well as ensuring that landowners, land managers, other Senate Chamber citizens, and their property are protected. Section 1, Article I of the Constitution of the State of Idaho reads At the request of the President Pro Tempore, Senator Thorne "All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and called the Senate to order at 9:45 a.m. defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing Roll call showed all members present except Pro Tempore safety." The Governor's Office of Species Conservation Geddes, absent and formally excused by the Chair; and Senators shall begin immediate discussions with the United Bunderson, Cameron, Dunklin, Hawkins, Keough, Sorensen, and States Fish and Wildlife Service to define how the Stennett, absent and excused. rights guaranteed by Section 1, Article I, of the Constitution of the State of Idaho will be preserved and Prayer was offered by Chaplain C. Leon Johnson. recognized. Without management, conservation is overcome by conflict. The State of Idaho is committed The Senate advanced to the Third Order of Business. to the conservation of wolves on the record asking the federal government to remove wolves from the state by Reading and Correction of the Journal the adoption in 2001 of House Joint Memorial No. 5. The position reflected in House Joint Memorial No. 5 Senators Bunderson, Cameron, Dunklin, Keough, Sorensen, and Stennett were recorded present at this order of business. continues to be the official position of the State of Idaho. However, in order to use every available option The JUDICIARY AND RULES Committee reports that the to mitigate the severe impacts on the residents of the Senate Journal of the proceedings of February 28, 2002, was read State of Idaho, the state will seek delisting and manage and approved as corrected. wolves at recovery levels." Draft 17 - Page 4 of 32. Subsection 2) shall be amended DARRINGTON, Chairman as follows: 166 SENATE JOURNAL March 1, 2002]

"Classification or Status of the Wolf - In order to "Through a Memorandum of Understanding with the protect wolf populations by enforcing regulations and Idaho State Animal Damage Control Board, USDA issuing citations for illegal take and by limiting and APHIS Wildlife Services is responsible for dealing with regulating legal take, wolves will be classified as either a wide variety of wildlife damage problems including a big game animal, or furbearer, or special predation on livestock. After delisting, including during classification of predator that provides for controlled the first five years, the Wildlife Services Agency of the take after delisting, at the discretion of the Idaho Fish U.S. Department of Agriculture, in cooperation with and Game Commission (I.C. section 36-201). the Idaho Department of Fish and Game, will be Draft 17 - Page 4 of 32. Subsection 3) shall be amended responsible for depredation management necessary for as follows: the protection of private property." "Population Objectives - Wolf population estimates are, Draft 17 - Page 18 of 32. Subsection 1. shall be at best, approximations, and establishment of specific amended as follows: population sizes to be maintained is not realistic. In "1. Manage wolves according to the chart on page 5 most instances, wolves can be managed similarly to (Table 1) to ensure that wolves will not become how (note 4, p. 31) other large native mammalian re-listed under the Endangered Species Act. If the predators (black bears and mountain lions) are population continues to increase, wolves will be traditionally managed. IDFG will manage wolves allowed to naturally expand their range where packs within the state according to the chart on page 5 (Table can persist without creating conflict. The wolf 1). IDFG's guiding principle, however, will be to allow population will be managed at recovery levels until it wolves to naturally expand their range provided that can be established that wolves in increasing numbers wolf-related problems remain under control. However, will not adversely affect big game populations, the population growth is unlikely to be controlled by sport economic viability of IDFG, outfitters and guides, and hunting. In general, regardless of their location, wolf others who depend on a viable population of big game packs that are not creating conflict will be allowed to animals. If the population falls below 15 packs, institute persist. No hunting of wolves should be authorized for remedial management measures (note 1, p. 31)." a period of 5 years following transfer of management Draft 17 - Page 18 of 32. Subsection 5. shall be (note 1, p. 31)." amended as follows: Draft 17 - Page 4 of 32. Subsection 8) shall be amended "5. Establish a strong public education program that as follows: emphasizes wolf biology, management, and "Education - Establish a strong public education conservation identifies the societal impacts and costs of program that emphasizes wolf biology, management, wolf reintroduction. Outreach should be professionally and conservation identifies the societal impacts and based and should address all issues concerning costs of wolf reintroduction. Input from economic conservation and management the impact of wolves on sectors will be included in the presentation of the big game species, those sectors of the economy overall wolf educational component to be presented at dependent upon sport hunting, livestock, domestic any educational presentation." animals, and humans. It is expected that Idaho Fish & Draft 17 - Page 7 of 32. The last paragraph shall be Game will solicit cooperation and advice from all amended as follows: vested interests in developing educational materials. "IDFG is charged by statute with the management of Currently, the USFWS is sponsoring a program in Idaho's wildlife (Idaho Code section 36-103(a): "All Idaho called Living with Carnivores. Any program, wildlife, including all wild animals, wild birds, and including this one, that maintains balance and fish, within the state of Idaho, is hereby declared to be legitimacy, will be considered acceptable in light of this the property of the state of Idaho. It shall be preserved, plan (note 6, p. 32). The cost of wolf reintroduction will be presented as a part of any public education protected, perpetuated, and managed. It shall be only program including direct and indirect costs." captured or taken at such times or places, under such Draft 17 - Page 18 of 32. The second paragraph under conditions, or by such means, or in such manner, as "Wolf Population Objectives" shall be amended as will preserve, protect and perpetuate such wildlife, and follows: provide for the citizens of this state and, as by law "Wolf management programs will influence the size permitted to others, continued supplies of such wildlife and distribution of the population, although it will for hunting, fishing and trapping."). This plan will fluctuate with the availability and vulnerability of native enable the transition of the management of the gray prey. Where wolves are causing depredations, their distribution and numbers will have to be altered. When wolf back to the IDFG as either a big game animal, or circumstances cause declines in the natural prey that are furbearer, or special classification of predator that demonstrated as being attributable to wolf predation, provides for controlled take after delisting. This management may be needed to temporarily reduce cClassification as a big game animal or furbearer will populations. In most instances, wolves can be managed enable IDFG to provide protection for wolves, but does similarly to how other large native mammalian not necessarily mean that IDFG will implement a predators are traditionally managed (note 4, p. 31). Population objectives are not needed to effect these harvest season as well as consider the impacts of management activities. However, sport hunting has not wolves on other big game species, those sectors of the proven effective in the past to effectively manage wolf economy dependent upon sport hunting, livestock, populations. The IDFG is authorized to evaluate and domestic animals, and humans." use sport hunting or any other means necessary to Draft 17 - Page 17 of 32. The last paragraph shall be maintain wolf populations at recovery levels until such amended as follows: time as all impacts are known." [March 1, 2002 SENATE JOURNAL 167

Draft 17 - Page 18 of 32. The last paragraph under losses. This wolf depredation account will be "Wolf Population Objectives" begins on page 18 of 32 established and maintained exclusively with federal, and ends on page 19 of 32, and shall be amended as private, or other non-state funds paid by Defenders of follows: Wildlife." "The best protection for wolves will be an effective Draft 17 - Page 22 of 32. The second paragraph under education program -- such as Living with Carnivores, "Compensation for Livestock Depredation" shall be or a similar program -- that increases public amended as follows: understanding of the management and conservation of "Claims for compensation may be based on confirmed this species. In the unlikely event the population falls losses; suspected or probable losses as compared to below 10 packs, depredations will be addressed with historical losses before wolf predation; decrease in nonlethal control unless unusual circumstances weaning or pregnancy rates based on historical data; or absolutely necessitate the use of lethal control to end labor or other expenses required to resolve disruption the depredation problem. Except for the lethal control of ranch activities. While much of this information may measures, wolf management will revert to the same be difficult to verify or quantify, decisions should be provisions that were in effect to recover the wolf based on the best scientific or commercial evidence population prior to delisting (50 CFR Part 17, page available. Other wolf related losses are probably 80270)." occurring. Decrease in weaning weights, pregnancy Draft 17 - Page 19 of 32. The first paragraph under rates, and disruption of ranch activities are examples of "Incidental Take" shall be amended as follows: possible losses." "Human-related accidental deaths of wolves (capture Draft 17 - Page 23 of 32. The first full paragraph shall myopathy, automobile accidents, etc.) Are expected to be amended as follows: occur occasionally, and inadvertent take of wolves by "Monitoring of prey populations, especially the deer hunters and trappers during the course of otherwise species and elk, will need to be continued. Similar to legal actions is not expected to adversely affect wolf the predator, annual census of selected, important prey population objectives. In an effort to minimize such populations should be conducted by IDFG and accidental take of wolves, IDFG will include a section compared with data collected prior to wolf on wolf identification, and natural history a brief reintroduction. It is extremely important that annual history of the reintroduction and conflict created census of these populations is conducted in order to thereby, as part of all required hunter education classes detect trend and eventually to aid in developing and provide similar information to all trapping license predictions of population size. Factors that affect prey buyers." numbers, including weather, habitat conditions, Draft 17 - Page 20 of 32. The first paragraph under predation, and hunter harvest, need to be fully assessed "Wolf Management" shall be amended as follows: for these selected populations. Population size estimates "Wolves, when delisted, will become a component of plus sex and age ratio data are minimum information to the native resident wildlife in Idaho. The designation of be obtained from prey monitoring. More specific the wolf as a big game species, or as a furbearer, or information on age structure, both of the hunter harvest special classification of predator that provides for and wolf take, is desirable and should be obtained when controlled take provides legal authorization for Idaho concerns about the level of wolf predation are raised. Department of Fish and Game to manage the species. Wolves may currently be adversely affecting ungulate Management includes inventory; predator-prey populations. The Idaho Fish and Game Commission, research; harvest monitoring; cooperation with with assistance from the Governor's Office of Species agencies, individuals, tribes, other states, and Canada; Conservation, shall begin immediate discussions with control to reduce depredations; and dissemination to the the U.S. Fish and Wildlife Service to define public of current, accurate information. In Idaho, unacceptable levels of effect on ungulate populations by hunting and trapping may be considered in the future wolf predation; specifically, they will define how these when populations are at levels that justify public taking. effects would be measured, and will identify possible If this is proposed by IDFG, there will be opportunity solutions." for full public comment and decisions will be based on Draft 17 - Page 23 of 32. The second full paragraph sound biological data. No hHunting of wolves should shall be amended as follows: may be authorized after Idaho receives management "IDFG and the state legislature will seek the assistance authority for a period of 5 years following transfer of of the Idaho congressional delegation to obtain federal management (note 1, p. 31) when necessary to meet big funding sources to pay for the cost of wolf management game harvest objectives and eliminate conflicts, while (e.g., in FY2001, Interior appropriations budget at the same time maintaining wolves at recovery contained $188,000 for prey base monitoring). If the levels." Idaho Congressional delegation is unsuccessful at Draft 17 - Page 22 of 32. The first paragraph under providing ongoing adequate funding to cover the cost of "Compensation for Livestock Depredation" shall be wolf management, the State of Idaho is under no amended as follows: obligation to manage wolves. Provided, however, the "Following delisting, cClaims for compensation for State of Idaho is not precluded from using state domestic animals killed by wolves will should continue resources to eliminate or control wolf related conflict. to be handled under the same process specified for IDFG will additionally seek funding from outside losses caused by mountain lions or black bears (Idaho entities, including wolf advocacy groups, to aid in all Code section 36-115) except that a separate depredation wolf management efforts. The Governor's OSC is account will be established specifically for wolf-caused currently working with IDFG, the Idaho Outfitters and 168 SENATE JOURNAL March 1, 2002]

Guides Association, and others to begin closer The Senate advanced to the Sixth Order of Business. monitoring of prey populations now, so that better data will be available to managers over time after delisting Reports of Standing Committees (note 1, p. 31)." Draft 17 - Page 24 of 32. The final paragraph shall be March 1, 2002 amended as follows: "This plan must be flexible enough to be compatible The JUDICIARY AND RULES Committee reports that with the dynamics of society and wildlife management. S 1479, S 1480, S 1481, S 1482, S 1483, S 1484, S 1485, The plan must satisfy the USFWS, wolf advocacy S 1486, and SCR 132 have been correctly printed. groups, livestock industry, outfitting industry, Idaho sportsmen, and a diverse public. IDFG will update this DARRINGTON, Chairman plan periodically needs of the State of Idaho in its effort to minimize the impact of wolves on the Idaho S 1479, S 1480, S 1481, S 1482, and S 1486 were referred outfitting industry, Idaho sportsmen, a diverse public to the Finance Committee. and all others affected by wolf introduction. IDFG will update this plan periodically and submit any changes to S 1483 was referred to the State Affairs Committee. the Idaho Legislature as if it were a new plan submitted for approval, amendment or rejection under Section S 1484 was referred to the Health and Welfare Committee. 36-2405, Idaho Code." Draft 17 - Page 31 of 32. Subsection 1. The second S 1485 was referred to the Education Committee. paragraph shall be amended as follows: "The concern about the population exceeding the SCR 132 was referred to the Tenth Order of Business, minimum came from reviewers who are expert with Motions and Resolutions, and ordered held at the Secretary’s desk full-fledged wolf populations, which inclines us to favor for one legislative day. that concern (Mech 2001). At the same time, we recognize the need to clarify our numbers. In short, if February 28, 2002 the population falls below 15 packs, we will begin instituting remedial measures, and if it falls below 10 The HEALTH AND WELFARE Committee reports out packs, we will revert to the control plan currently S 1394 and S 1472 with the recommendation that they be referred specified in federal rules (50 CFR 17). If the population to the Fourteenth Order of Business for amendment. rises, we will not take specific action to lower it, but will follow the guiding principle of limiting the IPSEN, Chairman population only to the extent necessary for controlling wolf-related problems." There being no objection, S 1394 and S 1472 were referred Draft 17 - Page 31 of 32. Subsection 1. The third to the Fourteenth Order of Business, General Calendar. paragraph shall be amended as follows: "Regarding federal decisions about de-listing and March 1, 2002 re-listing wolves and the related issue of hunting and trapping, we clarify as follows. First, regarding The FINANCE Committee reports out S 1479, S 1480, hunting, if the suggestion is borne out that hunting will S 1481, S 1482, and S 1486 with the recommendation that they become necessary in less than 5 years after delisting, do pass. then IDFG may need to consider opening a season on wolves as part of the wolf management program. The CAMERON, Chairman committee recommends that this option be considered as a last resort during the first 5 years after de-listing, S 1479, S 1480, S 1481, S 1482, and S 1486 were filed for and be considered with customary professionalism second reading. thereafter. Second, iIf the wolf population shrinks and remains low, the committee does not presume whether February 28, 2002 wolves would be re-listed under the ESA. To consider re-listing, the USFWS will follow whatever procedures are current under Section 4 of ESA. Third, to remain The TRANSPORTATION Committee reports out S 1439 clear of any possible confusion about the number of and H 611 with the recommendation that they do pass. wolves necessary to de-list the currently listed populations, the committee does not presume how FRASURE, Chairman wolves will be de-listed, noting that the Governor's OSC is currently working with the USFWS and a S 1439 and H 611 were filed for second reading. 3-state partnership to determine that." NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-sixth Idaho February 28, 2002 Legislature, the Senate and the House of Representatives concurring therein, that the Idaho Wolf Conservation and The TRANSPORTATION Committee reports out S 1442 Management Plan shall be approved only upon amendment of the and H 597 with the recommendation that they be referred to the plan as set forth herein. Fourteenth Order of Business for amendment. SCR 133 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. FRASURE, Chairman [March 1, 2002 SENATE JOURNAL 169

There being no objection, S 1442 and H 597 were referred On motion by Senator Marley, seconded by Senator to the Fourteenth Order of Business, General Calendar. Sorensen, SR 104 was adopted by voice vote, title was approved, and the resolution ordered filed in the office of the Secretary of February 28, 2002 the Senate. The Acting President announced the Judiciary and Rules The TRANSPORTATION Committee reports it has had Committee report, having been held, relative to the Gubernatorial under consideration the Gubernatorial appointment listed below appointment of Helen McKinney was before the Senate for final and the Committee recommends that said appointment be consideration, the question being, “Shall the report be adopted?” confirmed by the Senate: On motion by Senator Lodge, seconded by Senator Deide, Kathleen Miller to the Aeronautics Advisory Board, term to the Gubernatorial appointment of Helen McKinney as a member expire January 31, 2006. of the Idaho Judicial Council was confirmed by voice vote. The Acting President declared the report adopted and FRASURE, Chairman directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested The Gubernatorial appointment was referred to the Tenth to by the Secretary, to be transmitted to the Governor informing Order of Business, Motions and Resolutions, and ordered held at him of the action of the Senate. the Secretary’s desk for one legislative day. On request by Senator Richardson, granted by unanimous On request by Senator Risch, granted by unanimous consent, consent, HCR 54 retained its place on the calendar for one the Senate advanced to the Ninth Order of Business. legislative day. The Acting President announced that HCR 47 was before the Messages from the House Senate for final consideration, the question being, “Shall the resolution be adopted?” February 28, 2002 On motion by Senator Davis, seconded by Senator Dunklin, Mr. President: HCR 47 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. I transmit herewith H 482, H 494, H 651, H 592, HCR 53, The Senate advanced to the Eleventh Order of Business. H 648, H 662, H 676, H 543, H 653, H 497, and H 601 which have passed the House. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials JUKER, Chief Clerk S 1487 H 482, H 494, H 651, H 592, HCR 53, H 648, H 662, BY FINANCE COMMITTEE H 676, H 543, H 653, H 497, and H 601 were filed for first AN ACT reading. APPROPRIATING MONEYS FOR GENERAL EDUCATION PROGRAMS AT , IDAHO STATE UNIVERSITY, LEWIS-CLARK STATE COLLEGE, THE February 28, 2002 UNIVERSITY OF IDAHO AND FOR THE OFFICE OF THE STATE BOARD OF EDUCATION FOR FISCAL YEAR 2003; Mr. President: LIMITING THE AMOUNT OF THE GENERAL FUND APPROPRIATION TO BE USED BY THE OFFICE OF THE I transmit herewith Enrolled HCR 44 for the signature of the STATE BOARD OF EDUCATION; ESTABLISHING AN President, and I return herewith Enrolled SCR 125 and SCR 126, AMOUNT OF THE GENERAL FUND APPROPRIATION THAT IS TO BE EXPENDED FOR RESEARCH; ESTABLISHING AN which have been signed by the Speaker. AMOUNT OF THE GENERAL FUND APPROPRIATION TO BE EXPENDED FOR COMPETITIVE TECHNOLOGY JUKER, Chief Clerk GRANTS, AND FOR PARTICIPATION IN THE WESTERN GOVERNORS' ASSOCIATION'S VIRTUAL UNIVERSITY The Acting President announced that Enrolled HCR 44 will AND THE IDAHO ELECTRONIC CAMPUS; ESTABLISHING be held at the Secretary’s desk for the signature of the President, AN AMOUNT OF THE GENERAL FUND APPROPRIATION and when so signed, will be returned to the House. TO BE EXPENDED FOR TEACHER PREPARATION ACTIVITIES; ESTABLISHING AN AMOUNT OF THE GENERAL FUND APPROPRIATION TO BE EXPENDED FOR Enrolled SCR 125 and SCR 126 were referred to the THE GOVERNOR'S COLLEGE AND UNIVERSITY Judiciary and Rules Committee for transmittal to the Office of the EXCELLENCE INITIATIVE; MAKING CERTAIN IDAHO Secretary of State. CODE PROVISIONS SPECIFICALLY AVAILABLE TO THE STATE BOARD OF EDUCATION AND THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO; REQUIRING The Senate advanced to the Tenth Order of Business. THE STATE BOARD OF EDUCATION TO TRACK AND REPORT FACULTY, NONFACULTY EXEMPT AND Motions and Resolutions CLASSIFIED STAFF TURNOVER; AND REAPPROP RIATING ANY NON-GENERAL FUND UNEXPENDED AND UNENCUMBERED BALANCES. The Acting President announced that SR 104, having been held, was before the Senate for final consideration, the question S 1487 was introduced, read the first time at length, and being, “Shall the resolution be adopted?” referred to the Judiciary and Rules Committee for printing. 170 SENATE JOURNAL March 1, 2002]

H 482, H 494, and H 651, by Revenue and Taxation NAYS--None. Committee, were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Absent and excused--Geddes, Williams. Total - 2.

H 592, by Business Committee, was introduced, read the Total - 35. first time at length, and referred to the Commerce and Human Resources Committee. Whereupon the Acting President declared H 391 passed, title was approved, and the bill ordered returned to the House. HCR 53, by State Affairs Committee, was introduced, read at length, and referred to the State Affairs Committee. H 516 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 648 and H 662, by State Affairs Committee, were Frasure arose as sponsor of the bill and opened the debate. The introduced, read the first time at length, and referred to the State question being, “Shall the bill pass?” Affairs Committee. Roll call resulted as follows: H 676, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 543, by Education Committee, was introduced, read the Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, first time at length, and referred to the Education Committee. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, H 653, by Revenue and Taxation Committee, was Thorne, Wheeler. Total - 33. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. NAYS--None.

H 497 and H 601, by Judiciary, Rules, and Administration Absent and excused--Geddes, Williams. Total - 2. Committee, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee. Total - 35.

The Senate advanced to the Twelfth Order of Business. Whereupon the Acting President declared H 516 passed, title was approved, and the bill ordered returned to the House. Second Reading of Bills H 486, as amended in the Senate, was read the third time at S 1474, S 1354, S 1451, and S 1421, by Judiciary and Rules Committee, were read the second time at length and filed for length, section by section, and placed before the Senate for final third reading. consideration. Senator Sorensen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 467, as amended, H 480, H 603, and H 499, by Judiciary, Rules, and Administration Committee, were read the Roll call resulted as follows: second time at length and filed for third reading. AYES--Andreason, Boatright, Brandt, Bunderson, H 582, by Revenue and Taxation Committee, was read the Burtenshaw, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, second time at length and filed for third reading. Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, H 518, by Transportation and Defense Committee, was read Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Thorne, the second time at length and filed for third reading. Wheeler. Total - 27.

The Senate advanced to the Thirteenth Order of Business. NAYS--Bartlett (Branch), Cameron, Darrington, Keough, Stegner, Stennett. Total - 6. Third Reading of Bills Absent and excused--Geddes, Williams. Total - 2. Senator Hawkins was recorded present at this order of business. Total - 35.

H 391 was read the third time at length, section by section, Whereupon the Acting President declared H 486, as and placed before the Senate for final consideration. Senator amended in the Senate, passed, title was approved, and the bill Wheeler arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” ordered returned to the House.

Roll call resulted as follows: H 420, as amended, as amended in the Senate, was read the third time at length, section by section, and placed before the AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Senate for final consideration. Senator Sorensen arose as sponsor Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, of the bill and opened the debate. The question being, “Shall the Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, bill pass?” Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 33. Roll call resulted as follows: [March 1, 2002 SENATE JOURNAL 171

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared S 1448, as Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, amended, passed, title was approved, and the bill ordered Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, transmitted to the House. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. Thorne, Wheeler. Total - 33. General Calendar NAYS--None. The Acting President declared the Senate resolved into the Absent and excused--Geddes, Williams. Total - 2. Committee of the Whole and called Senator Sandy to the Chair to preside during the sitting of the Committee of the Whole. Total - 35. Following the adjournment of the Committee of the Whole, the Acting President called the Senate to order. Whereupon the Acting President declared H 420, as amended, as amended in the Senate, passed, title was approved, Report of the Committee of the Whole and the bill ordered returned to the House. Senator Sandy, Chairman of the Committee of the Whole, H 488, as amended in the Senate, was read the third time at reported out S 1302, SJR 103, S 1443, and S 1462, without length, section by section, and placed before the Senate for final recommendation, amended as follows: consideration. Senator Frasure arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” SENATE AMENDMENT TO S 1302 AMENDMENTS TO SECTION 1 On request by Senator Frasure, granted by unanimous On page 2 of the printed bill, delete lines 19 through 21, and consent, H 488, as amended in the Senate, retained its place on insert: "ciary or beneficiaries of the account holder and shall be the Third Reading Calendar. designated by the depository as a "medical savings account."". On page 3, in line 21, following "relates." insert: S 1351, as amended, was read the third time at length, "Reporting. Depositories, in the case of medical savings accounts, section by section, and placed before the Senate for final shall provide to the state tax commission, in the routine fashion consideration. Senator Dunklin arose as sponsor of the bill and used for all interest-bearing accounts, the same information that opened the debate. The question being, “Shall the bill pass?” is provided for any interest-bearing bank account. So as to minimize the burden of reporting, the information shall be Roll call resulted as follows: provided in the format in which information is provided for any interest-bearing bank account to the state tax commission. There AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, shall be no other reporting requirements. Account holders shall Burtenshaw, Davis, Deide, Dunklin, Frasure, Goedde, Hill, provide on any state income tax form in which they take a Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, deduction for a medical savings account the account number of Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, their medical savings account and the depository at which the Stegner, Stennett, Thorne, Wheeler. Total - 29. account is held."; in line 22, delete "6" and insert: "6"; in line 31, delete "76" and insert: "7"; in line 38, delete "76" and insert: NAYS--Darrington, Hawkins. Total - 2. "7"; and in line 48, delete "76" and insert: "7".

Absent and excused--Brandt, Cameron, Geddes, Williams. CORRECTION TO TITLE Total - 4. On page 1, delete lines 3 through 7, and insert: "TO REVISE REPORTING REQUIREMENTS FOR MEDICAL Total - 35. SAVINGS ACCOUNTS AND TO PROVIDE APPLICATION TO ACCOUNT HOLDERS OF CERTAIN MEDICAL Whereupon the Acting President declared S 1351, as SAVINGS ACCOUNTS; DECLARING AN EMERGENCY amended, passed, title was approved, and the bill ordered AND PROVIDING RETROACTIVE APPLICATION.". transmitted to the House. SENATE AMENDMENT TO SJR 103 S 1448, as amended, was read the third time at length, AMENDMENT TO SECTION 1 section by section, and placed before the Senate for final On page 2 of the printed resolution, in line 29, delete "May consideration. Senator Sandy arose as sponsor of the bill and or". opened the debate. The question being, “Shall the bill pass?”

Roll call resulted as follows: AMENDMENT TO SECTION 2 On page 2, in line 46, delete "May or". AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, CORRECTION TO TITLE Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, On page 1, in line 8, delete "MAY OR". Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Thorne, Wheeler. SENATE AMENDMENT TO S 1443 Total - 31. AMENDMENTS TO SECTION 2

NAYS--Stegner. Total - 1. On page 3 of the printed bill, in line 11, delete "Notwithstanding the provisions of section 49-402C, Idaho Code, Absent and excused--Geddes, Stennett, Williams. Total - 3. the" and insert: "The"; in line 12, following "design" insert: "in accordance with the provisions of section 49-402C, Idaho Code. Total - 35. That portion of the design which features the Idaho motorcycle 172 SENATE JOURNAL March 4, 2002] safety program shall be"; and in line 13, following "committee" There being no objection, the report was adopted and delete the remainder of the line; delete line 14; and in line 15, ordered filed in the office of the Secretary of the Senate. delete "omitted to provide for distinguishing designs and slogans". On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. SENATE AMENDMENT TO S 1462 AMENDMENT TO THE BILL Petitions, Resolutions, and Memorials On page 1 of the printed bill, delete lines 29 through 31.

CORRECTIONS TO TITLE SCR 134 On page 1, in line 4, delete "; AND APPROPRIATING BY STATE AFFAIRS COMMITTEE MONEYS"; delete line 5, and insert: ".". A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND The committee also has H 474, S 1387, S 1390, as amended, APPROVING, CONDITIONED UPON AMENDMENT, THE S 1394, S 1472, S 1442, and H 597 under consideration, reports IDAHO WOLF CONSERVATION AND MANAGEMENT progress, and begs leave to sit again. PLAN. SANDY, Chairman Be It Resolved by the Legislature of the State of Idaho: On motion by Senator Sandy, seconded by Senator Marley, the report was adopted by voice vote. WHEREAS, pursuant to Section 36-715, Idaho Code, the S 1302, as amended, SJR 103, as amended, S 1443, as Idaho Department of Fish and Game, in conjunction with the amended, and S 1462, as amended, were referred to the Judiciary Wolf Oversight Committee, has completed an Idaho Wolf and Rules Committee for engrossing and the amendments thereto Conservation and Management Plan, identified as "Draft 17" and were referred to the Judiciary and Rules Committee for printing. dated January 2002, and submitted the plan to the Legislature for review; and The Senate advanced to the Fifteenth Order of Business. WHEREAS, pursuant to Section 36-2405, Idaho Code, Miscellaneous Business management plans are subject to legislative approval, amendment or rejection by concurrent resolution; and On motion by Senator Risch, seconded by Senator Marley, WHEREAS, based upon review of the plan, the Legislature by voice vote the Senate adjourned at 12 noon until the hour of 9:30 a.m., Monday, March 4, 2002. of the State of Idaho, herein amends the plan as follows: Draft 17 - Page 4 of 32. The first full paragraph of the page JERRY L. THORNE, Acting President shall be amended as follows: "The goal of this conservation and management plan is to Attest: JEANNINE WOOD, Secretary ensure the long-term survival of wolves in Idaho while ______minimizing wolf-human conflicts that result when wolves and people live in the same vicinity. Conservation of wolves requires management. Management for wolves means ensuring adequate numbers for long-term persistence of the species as well as FIFTY-SEVENTH LEGISLATIVE DAY MONDAY, MARCH 4, 2002 ensuring that landowners, land managers, other citizens, and their property are protected. Section 1, Article I of the Constitution of the State of Idaho reads "All men are by nature free and equal, Senate Chamber and have certain inalienable rights, among which are enjoying and President Riggs called the Senate to order at 9:30 a.m. defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety." The Roll call showed all members present except Senators Governor's Office of Species Conservation shall begin immediate Cameron, Davis, Hawkins, Schroeder, and Stennett, absent and discussions with the United States Fish and Wildlife Service to excused. define how the rights guaranteed by Section 1, Article I, of the Prayer was offered by Chaplain C. Leon Johnson. Constitution of the State of Idaho will be preserved and recognized. Without management, conservation is overcome by The Senate advanced to the Third Order of Business. conflict. The State of Idaho is committed to the conservation of wolves on the record asking the federal government to remove Reading and Correction of the Journal wolves from the state by the adoption in 2001 of House Joint Memorial No. 5. The position reflected in House Joint Memorial Senators Cameron and Davis were recorded present at this No. 5 continues to be the official position of the State of Idaho. order of business. However, in order to use every available option to mitigate the severe impacts on the residents of the State of Idaho, the state will The JUDICIARY AND RULES Committee reports that the seek delisting and manage wolves at recovery levels that will Senate Journal of the proceedings of March 1, 2002, was read and approved as corrected. ensure viable, self-sustaining populations." Draft 17 - Page 4 of 32. Subsection 2) shall be amended as DARRINGTON, Chairman follows: [March 4, 2002 SENATE JOURNAL 173

Draft 17 - Page 4 of 32. Subsection 2) shall be amended Draft 17 - Page 17 of 32. The last paragraph shall be as follows: amended as follows: "Classification or Status of the Wolf - In order to "Through a Memorandum of Understanding with the protect wolf populations by enforcing regulations and Idaho State Animal Damage Control Board, USDA issuing citations for illegal take and by limiting and APHIS Wildlife Services is responsible for dealing with regulating legal take, wolves will be classified as either a wide variety of wildlife damage problems including a big game animal, or furbearer, or special predation on livestock. After delisting, including during classification of predator that provides for controlled the first five years, the Wildlife Services Agency of the take after delisting, at the discretion of the Idaho Fish U.S. Department of Agriculture, in cooperation with and Game Commission (I.C. section 36-201). the Idaho Department of Fish and Game, will be Draft 17 - Page 4 of 32. Subsection 3) shall be amended responsible for depredation management necessary for as follows: the protection of private property." "Population Objectives - Wolf population estimates are, Draft 17 - Page 18 of 32. Subsection 1. shall be at best, approximations, and establishment of specific amended as follows: population sizes to be maintained is not realistic. In "1. Manage wolves according to the chart on page 5 most instances, wolves can be managed similarly to (Table 1) to ensure that wolves will not become how (note 4, p. 31) other large native mammalian re-listed under the Endangered Species Act. If the predators (black bears and mountain lions) are population continues to increase, wolves will be traditionally managed. IDFG will manage wolves allowed to naturally expand their range where packs within the state according to the chart on page 5 (Table can persist without creating conflict. The wolf 1). IDFG's guiding principle, however, will be to allow population will be managed at recovery levels that will wolves to naturally expand their range provided that ensure viable, self-sustaining populations until it can be wolf-related problems remain under control. If it can be established that wolves in increasing numbers will not shown that wolves can expand their range without adversely affect big game populations, the economic causing unacceptable conflict, they will be allowed to viability of IDFG, outfitters and guides, and others who do so. However, population growth is unlikely to be depend on a viable population of big game animals. If controlled by sport hunting. In general, regardless of the population falls below 15 packs, institute remedial their location, wolf packs that are not creating conflict management measures (note 1, p. 31)." will be allowed to persist. No hunting of wolves should Draft 17 - Page 18 of 32. Subsection 5. shall be be authorized for a period of 5 years following transfer amended as follows: of management (note 1, p. 31)." "5. Establish a strong public education program that Draft 17 - Page 4 of 32. Subsection 8) shall be amended emphasizes wolf biology, management, and as follows: conservation and presents a balanced view of the "Education - Establish a strong public education societal impacts and costs of wolf reintroduction. program that emphasizes wolf biology, management, Outreach should be professionally based and should and conservation, and presents a balanced view of the address all issues concerning conservation and societal impacts and costs of wolf reintroduction. Input management and present a balanced view of the impact from economic sectors will be included in the of wolves on big game species, those sectors of the presentation of the overall wolf educational component economy dependent upon sport hunting, livestock, to be presented at any educational presentation." domestic animals, and humans. It is expected that Idaho Draft 17 - Page 7 of 32. The last paragraph shall be Fish & Game will solicit cooperation and advice from amended as follows: all vested interests in developing educational materials. "IDFG is charged by statute with the management of Currently, the USFWS is sponsoring a program in Idaho's wildlife (Idaho Code section 36-103(a): "All Idaho called Living with Carnivores. Any program, wildlife, including all wild animals, wild birds, and including this one, that maintains balance and fish, within the state of Idaho, is hereby declared to be legitimacy, will be considered acceptable in light of this the property of the state of Idaho. It shall be preserved, protected, perpetuated, and managed. It shall be only plan (note 6, p. 32). The cost of wolf reintroduction captured or taken at such times or places, under such will be presented as a part of any public education conditions, or by such means, or in such manner, as program including direct and indirect costs." will preserve, protect and perpetuate such wildlife, and Draft 17 - Page 18 of 32. The second paragraph under provide for the citizens of this state and, as by law "Wolf Population Objectives" shall be amended as permitted to others, continued supplies of such wildlife follows: for hunting, fishing and trapping."). This plan will "Wolf management programs will influence the size enable the transition of the management of the gray and distribution of the population, although it will wolf back to the IDFG as either a big game animal, or fluctuate with the availability and vulnerability of native furbearer, or special classification of predator that prey. Where wolves are causing depredations, their provides for controlled take after delisting. This distribution and numbers will have to be altered. When cClassification as a big game animal or furbearer will circumstances cause declines in the natural prey that are enable IDFG to provide protection for wolves, but does demonstrated as being attributable to wolf predation, not necessarily mean that IDFG will implement a management may be needed to temporarily reduce harvest season as well as consider the impacts of populations. In most instances, wolves can be managed wolves on other big game species, those sectors of the similarly to how other large native mammalian economy dependent upon sport hunting, livestock, predators are traditionally managed (note 4, p. 31). domestic animals, and humans." Population objectives are not needed to effect these 174 SENATE JOURNAL March 4, 2002]

management activities. However, sport hunting has not "Following delisting, cClaims for compensation for proven effective in the past to effectively manage wolf domestic animals killed by wolves will should continue populations. The IDFG is authorized to evaluate and to be handled under the same process specified for use sport hunting or any other means necessary to losses caused by mountain lions or black bears (Idaho Code section 36-115) except that a separate depredation maintain wolf populations at recovery levels that will account will be established specifically for wolf-caused ensure a viable, self-sustaining population until such losses. This wolf depredation account will be time as all impacts are known." established and maintained exclusively with federal, Draft 17 - Page 18 of 32. The last paragraph under private, or other non-state funds paid by Defenders of "Wolf Population Objectives" begins on page 18 of 32 Wildlife." and ends on page 19 of 32, and shall be amended as Draft 17 - Page 22 of 32. The second paragraph under follows: "Compensation for Livestock Depredation" shall be "The best protection for wolves will be an effective amended as follows: education program -- such as Living with Carnivores, "Claims for compensation may be based on confirmed losses; suspected or probable losses as compared to or a similar program -- that increases public historical losses before wolf predation; decrease in understanding of the management and conservation of weaning or pregnancy rates based on historical data; or this species. In the unlikely event the population falls labor or other expenses required to resolve disruption below 10 packs, depredations will be addressed with of ranch activities. While much of this information may nonlethal control unless unusual circumstances be difficult to verify or quantify, decisions should be absolutely necessitate the use of lethal control to end based on the best scientific or commercial evidence the depredation problem. Except for the lethal control available. Other wolf related losses are probably measures, wolf management will revert to the same occurring. Decrease in weaning weights, pregnancy provisions that were in effect to recover the wolf rates, and disruption of ranch activities are examples of possible losses." population prior to delisting (50 CFR Part 17, page Draft 17 - Page 23 of 32. The first full paragraph shall 80270)." be amended as follows: Draft 17 - Page 19 of 32. The first paragraph under "Monitoring of prey populations, especially the deer "Incidental Take" shall be amended as follows: species and elk, will need to be continued. Similar to "Human-related accidental deaths of wolves (capture the predator, annual census of selected, important prey myopathy, automobile accidents, etc.) Are expected to populations should be conducted by IDFG and occur occasionally, and inadvertent take of wolves by compared with data collected prior to wolf hunters and trappers during the course of otherwise reintroduction. It is extremely important that annual census of these populations is conducted in order to legal actions is not expected to adversely affect wolf detect trend and eventually to aid in developing population objectives. In an effort to minimize such predictions of population size. Factors that affect prey accidental take of wolves, IDFG will include a section numbers, including weather, habitat conditions, on wolf identification, and natural history a brief predation, and hunter harvest, need to be fully assessed history of the reintroduction and conflict created for these selected populations. Population size estimates thereby, as part of all required hunter education classes plus sex and age ratio data are minimum information to and provide similar information to all trapping license be obtained from prey monitoring. More specific buyers." information on age structure, both of the hunter harvest and wolf take, is desirable and should be obtained when Draft 17 - Page 20 of 32. The first paragraph under concerns about the level of wolf predation are raised. "Wolf Management" shall be amended as follows: Wolves may currently be adversely affecting ungulate "Wolves, when delisted, will become a component of populations. The Idaho Fish and Game Commission, the native resident wildlife in Idaho. The designation of with assistance from the Governor's Office of Species the wolf as a big game species, or as a furbearer, or Conservation, shall begin immediate discussions with special classification of predator that provides for the U.S.Fish and Wildlife Service to define controlled take provides legal authorization for Idaho unacceptable levels of effect on ungulate populations by Department of Fish and Game to manage the species. wolf predation; specifically, they will define how these Management includes inventory; predator-prey effects would be measured, and will identify possible solutions." research; harvest monitoring; cooperation with Draft 17 - Page 23 of 32. The second full paragraph agencies, individuals, tribes, other states, and Canada; shall be amended as follows: control to reduce depredations; and dissemination to the "IDFG and the state legislature will seek the assistance public of current, accurate information. In Idaho, of the Idaho congressional delegation to obtain federal hunting and trapping may be considered in the future funding sources to pay for the cost of wolf management when populations are at levels that justify public taking. (e.g., in FY2001, Interior appropriations budget If this is proposed by IDFG, there will be opportunity contained $188,000 for prey base monitoring). If the for full public comment and decisions will be based on Idaho Congressional delegation is unsuccessful at sound biological data. No hHunting of wolves should providing ongoing adequate funding to cover the cost of may be authorized after Idaho receives management wolf management, the State of Idaho is under no authority for a period of 5 years following transfer of obligation to manage wolves. Provided, however, the management (note 1, p. 31) when necessary to meet big State of Idaho is not precluded from using state game harvest objectives and eliminate conflicts, while resources to eliminate or control wolf related conflict. at the same time maintaining wolves at recovery levels IDFG will additionally seek funding from outside that will ensure viable, self-sustaining populations." entities, including wolf advocacy groups, to aid in all Draft 17 - Page 22 of 32. The first paragraph under wolf management efforts. The Governor's OSC is "Compensation for Livestock Depredation" shall be currently working with IDFG, the Idaho Outfitters and amended as follows: Guides Association, and others to begin closer [March 4, 2002 SENATE JOURNAL 175

monitoring of prey populations now, so that better data The Senate advanced to the Sixth Order of Business. will be available to managers over time after delisting (note 1, p. 31)." Reports of Standing Committees Draft 17 - Page 24 of 32. The final paragraph shall be amended as follows: Senators Schroeder and Stennett were recorded present at "This plan must be flexible enough to be compatible this order of business. with the dynamics of society and wildlife management. The plan must satisfy the USFWS, wolf advocacy March 4, 2002 groups, livestock industry, outfitting industry, Idaho sportsmen, and a diverse public. IDFG will update this The JUDICIARY AND RULES Committee reports that plan periodically needs of the State of Idaho in its effort S 1487 and SCR 133 have been correctly printed. to minimize the impact of wolves on the Idaho outfitting industry, Idaho sportsmen, a diverse public DARRINGTON, Chairman and all others affected by wolf introduction. IDFG will update this plan periodically and submit any changes to S 1487 was referred to the Finance Committee. the Idaho Legislature as if it were a new plan submitted for approval, amendment or rejection under Section On request by Senator Noh, granted by unanimous consent, 36-2405, Idaho Code." SCR 133 was referred to the Resources and Environment Draft 17 - Page 31 of 32. Subsection 1. The second Committee. paragraph shall be amended as follows: "The concern about the population exceeding the March 4, 2002 minimum came from reviewers who are expert with full-fledged wolf populations, which inclines us to favor The JUDICIARY AND RULES Committee reports that that concern (Mech 2001). At the same time, we SCR 134 has been correctly printed. recognize the need to clarify our numbers. In short, if the population falls below 15 packs, we will begin DARRINGTON, Chairman instituting remedial measures, and if it falls below 10 packs, we will revert to the control plan currently On request by Senator Noh, granted by unanimous consent, specified in federal rules (50 CFR 17). If the population SCR 134 was referred to the Resources and Environment rises, we will not take specific action to lower it, but Committee. will follow the guiding principle of limiting the population only to the extent necessary for controlling March 1, 2002 wolf-related problems." Draft 17 - Page 31 of 32. Subsection 1. The third The JUDICIARY AND RULES Committee reports that paragraph shall be amended as follows: S 1302, as amended, SJR 103, as amended, S 1443, as amended, "Regarding federal decisions about de-listing and and S 1462, as amended, have been correctly engrossed. re-listing wolves and the related issue of hunting and trapping, we clarify as follows. First, regarding DARRINGTON, Chairman hunting, if the suggestion is borne out that hunting will become necessary in less than 5 years after delisting, S 1302, as amended, SJR 103, as amended, S 1443, as then IDFG may need to consider opening a season on amended, and S 1462, as amended, were filed for first reading. wolves as part of the wolf management program. The committee recommends that this option be considered March 1, 2002 as a last resort during the first 5 years after de-listing, and be considered with customary professionalism The JUDICIARY AND RULES Committee reports that thereafter. Second, iIf the wolf population shrinks and Senate amendments to S 1302, SJR 103, S 1443, and S 1462 have remains low, the committee does not presume whether been correctly printed. wolves would be re-listed under the ESA. To consider re-listing, the USFWS will follow whatever procedures DARRINGTON, Chairman are current under Section 4 of ESA. Third, to remain clear of any possible confusion about the number of The report was ordered filed in the office of the Secretary of wolves necessary to de-list the currently listed the Senate. populations, the committee does not presume how wolves will be de-listed, noting that the Governor's March 1, 2002 OSC is currently working with the USFWS and a 3-state partnership to determine that." NOW, THEREFORE, BE IT RESOLVED by the members The JUDICIARY AND RULES Committee reports that of the Second Regular Session of the Fifty-sixth Idaho Enrolled SCR 125 and SCR 126 were delivered to the Office of Legislature, the Senate and the House of Representatives the Secretary of State at 1:59 p.m., March 1, 2002. concurring therein, that the Idaho Wolf Conservation and Management Plan shall be approved only upon amendment of the plan as set forth herein. DARRINGTON, Chairman

SCR 134 was introduced, read at length, and referred to the The report was ordered filed in the office of the Secretary of Judiciary and Rules Committee for printing. the Senate. 176 SENATE JOURNAL March 4, 2002]

March 1, 2002 March 1, 2002

The FINANCE Committee reports out H 676 with the The STATE AFFAIRS Committee reports out SJR 104 and recommendation that it do pass. S 1477 with the recommendation that they do pass.

CAMERON, Chairman SORENSEN, Chairman

H 676 was filed for second reading. SJR 104 and S 1477 were filed for second reading.

March 1, 2002 March 1, 2002

The COMMERCE AND HUMAN RESOURCES The STATE AFFAIRS Committee reports out HJM 17, Committee reports out H 567 with the recommendation that it do H 612, and H 613 with the recommendation that they do pass. pass. SORENSEN, Chairman ANDREASON, Chairman HJM 17 was referred to the Tenth Order of Business, H 567 was filed for second reading. Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. March 1, 2002 H 612 and H 613 were filed for second reading. The EDUCATION Committee reports out H 546 and HJM 16 with the recommendation that they do pass. March 1, 2002

SCHROEDER, Chairman The STATE AFFAIRS Committee reports out S 1478 with the recommendation that it be referred to the Fourteenth Order of H 546 was filed for second reading. Business for amendment.

HJM 16 was referred to the Tenth Order of Business, SORENSEN, Chairman Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. There being no objection, S 1478 was referred to the Fourteenth Order of Business, General Calendar. March 1, 2002 March 1, 2002 The COMMERCE AND HUMAN RESOURCES Committee reports out S 1444 with the recommendation that it do The STATE AFFAIRS Committee reports it has had under pass. consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by ANDREASON, Chairman the Senate:

S 1444 was filed for second reading. Stephen Maloff to the Idaho Commission on Human Rights, term to expire July 1, 2004; March 1, 2002 Veeta Roberts to the Idaho Bingo-Raffle Advisory Board, The JUDICIARY AND RULES Committee reports out term to expire January 1, 2004. H 483, H 403, H 404, and H 602 with the recommendation that SORENSEN, Chairman they do pass. The Gubernatorial appointments were referred to the Tenth DARRINGTON, Chairman Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. H 483, H 403, H 404, and H 602 were filed for second reading. March 1, 2002 The RESOURCES AND ENVIRONMENT Committee March 1, 2002 reports it has had under consideration the Gubernatorial appointments listed below and the Committee recommends that The JUDICIARY AND RULES Committee reports out said appointments be confirmed by the Senate: S 1450 and H 600 with the recommendation that they be referred C. Wayne Hunsucker to the Idaho Outfitters and Guides to the Fourteenth Order of Business for amendment. Licensing Board, term to expire April 20, 2004;

DARRINGTON, Chairman William C. Bernt to the Idaho Outfitters and Guides Licensing Board, term to expire April 20, 2004. There being no objection, S 1450 and H 600 were referred to the Fourteenth Order of Business, General Calendar. NOH, Chairman [March 4, 2002 SENATE JOURNAL 177

The Gubernatorial appointments were referred to the Tenth H 683 was filed for first reading. Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. The Senate advanced to the Tenth Order of Business.

March 4, 2002 Motions and Resolutions

The FINANCE Committee reports out S 1487 with the The President announced that HCR 54, having been held, recommendation that it do pass. was before the Senate for final consideration, the question being, “Shall the resolution be adopted?” CAMERON, Chairman On motion by Senator Richardson, seconded by Senator S 1487 was filed for second reading. Stennett, HCR 54 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. March 4, 2002 The President announced that SCR 132 was before the The AGRICULTURAL AFFAIRS Committee reports out Senate for final consideration, the question being, “Shall the H 447, H 561, H 448, H 444, and H 446 with the resolution be adopted?” recommendation that they do pass. On motion by Senator Ipsen, seconded by Senator Stennett, WILLIAMS, Chairman SCR 132 was adopted by voice vote, title was approved, and the resolution ordered transmitted to the House. H 447, H 561, H 448, H 444, and H 446 were filed for second reading. The President announced the Transportation Committee report relative to the Gubernatorial appointment of Kathleen March 4, 2002 Miller was before the Senate for final consideration, the question being, “Shall the report be adopted?” The AGRICULTURAL AFFAIRS Committee reports out H 524 and H 556 with the recommendation that they do pass. On motion by Senator Keough, seconded by Senator Marley, the Gubernatorial appointment of Kathleen Miller as a member of WILLIAMS, Chairman the Idaho Aeronautics Advisory Board was confirmed by voice vote. H 524 and H 556 were filed for second reading. The President declared the report adopted and directed the March 1, 2002 Secretary of the Senate to prepare a letter of the Gubernatorial The COMMERCE AND HUMAN RESOURCES appointment confirmation for his signature, attested to by the Committee reports out H 586 with the recommendation that it be Secretary, to be transmitted to the Governor informing him of the referred to the Fourteenth Order of Business for amendment. action of the Senate.

ANDREASON, Chairman The Senate advanced to the Eleventh Order of Business.

There being no objection, H 586 was referred to the Introduction, First Reading, and Reference of Bills, Fourteenth Order of Business, General Calendar. House Petitions, Resolutions, and Memorials

March 4, 2002 S 1488 BY FINANCE COMMITTEE The AGRICULTURAL AFFAIRS Committee reports out AN ACT S 1458 with the recommendation that it be referred to the APPROPRIATING MONEYS TO THE DEPARTMENT OF Fourteenth Order of Business for amendment. HEALTH AND WELFARE FOR THE DIVISION OF FAMILY AND COMMUNITY SERVICES FOR FISCAL YEAR 2003; WILLIAMS, Chairman PROVIDING THAT THE STATE CONTROLLER SHALL MAKE TRANSFERS FROM THE GENERAL FUND; There being no objection, S 1458 was referred to the REAPPROPRIATING CERTAIN UNEXPENDED AND Fourteenth Order of Business, General Calendar. UNENCUMBERED BALANCES OF MONEYS; AUTHORIZING THE EXPENDITURE OF ALL RECEIPTS On request by Senator Risch, granted by unanimous consent, COLLECTED; EXPRESSING LEGISLATIVE INTENT WITH the Senate advanced to the Ninth Order of Business. REGARD TO SUBSTANCE ABUSE PREVENTION; AND EXPRESSING LEGISLATIVE INTENT WITH REGARD TO SALARY SAVINGS. Messages from the House S 1489 March 1, 2002 BY FINANCE COMMITTEE AN ACT Mr. President: APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR INDIRECT SUPPORT I transmit herewith H 683 which has passed the House. SERVICES AND INDEPENDENT COMMISSIONS AND COUNCILS FOR FISCAL YEAR 2003; PROVIDING THAT JUKER, Chief Clerk THE STATE CONTROLLER SHALL MAKE TRANSFERS 178 SENATE JOURNAL March 4, 2002]

FROM THE GENERAL FUND; REAPPROPRIATING S 1493 CERTAIN UNEXPENDED AND UNENCUMBERED BY FINANCE COMMITTEE BALANCES OF MONEYS; AUTHORIZING THE AN ACT EXPENDITURE OF ALL RECEIPTS COLLECTED; LIMITING APPROPRIATING MONEYS TO THE DEPARTMENT OF THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; JUVENILE CORRECTIONS FOR FISCAL YEAR 2003; AND AND EXPRESSING LEGISLATIVE INTENT WITH REGARD LIMITING THE NUMBER OF AUTHORIZED FULL-TIME TO SALARY SAVINGS. EQUIVALENT POSITIONS.

S 1490 S 1494 BY FINANCE COMMITTEE BY FINANCE COMMITTEE AN ACT AN ACT APPROPRIATING MONEYS TO THE OFFICE OF THE APPROPRIATING MONEYS TO THE DEPARTMENT OF GOVERNOR FOR THE OFFICE OF SPECIES HEALTH AND WELFARE FOR MEDICAL ASSISTANCE CONSERVATION FOR FISCAL YEAR 2003; AND LIMITING SERVICES FOR FISCAL YEAR 2003; PROVIDING THAT THE THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. STATE CONTROLLER SHALL MAKE TRANSFERS FROM THE GENERAL FUND; REAPPROPRIATING CERTAIN S 1495 UNEXPENDED AND UNENCUMBERED BALANCES OF BY JUDICIARY AND RULES COMMITTEE MONEYS; AUTHORIZING THE EXPENDITURE OF ALL AN ACT RECEIPTS COLLECTED; EXPRESSING LEGISLATIVE RELATING TO THEFT; AMENDING SECTION 18-2407, INTENT WITH REGARD TO THE CHILDREN'S HEALTH IDAHO CODE, TO FURTHER DEFINE GRAND THEFT TO INCLUDE THE THEFT OF CHECKS, DRAFTS OR ORDERS INSURANCE PROGRAM; EXPRESSING LEGISLATIVE FOR PAYMENT UPON BANKS, FINANCIAL TRANSACTION INTENT WITH REGARD TO ADULT DENTAL SERVICES; CARDS, OR THE ACCOUNT NUMBERS RELATING TO EXPRESSING LEGISLATIVE INTENT WITH REGARD TO SUCH CHECKS, DRAFTS, ORDERS FOR PAYMENT OR THE UTILIZATION MANAGEMENT PILOT PROJECT; FINANCIAL TRANSACTION CARDS. EXPRESSING LEGISLATIVE INTENT WITH REGARD TO SALARY SAVINGS; APPROPRIATING ADDITIONAL S 1496 MONEYS TO THE DEPARTMENT OF HEALTH AND BY JUDICIARY AND RULES COMMITTEE WELFARE FOR MEDICAL ASSISTANCE SERVICES FOR AN ACT FISCAL YEAR 2002; REDUCING THE FISCAL YEAR 2002 RELATING TO DRIVING UNDER THE INFLUENCE; AMENDING SECTION 18-8004A, IDAHO CODE, TO EXTEND APPROPRIATION TO THE DEPARTMENT OF HEALTH AND THE APPLICATION OF SPECIFIED ENHANCED PENALTIES WELFARE FOR MEDICAL ASSISTANCE SERVICES; AND TO CERTAIN PERSONS WHO HAVE PREVIOUSLY PLED DECLARING AN EMERGENCY FOR SECTIONS 6, 9 AND 10 GUILTY TO OR BEEN FOUND GUILTY OF ONE OR MORE OF THIS ACT. SUBSEQUENT VIOLATIONS OF DESIGNATED STATUTORY PROHIBITIONS RELATING TO ALCOHOL, DRUGS OR ANY S 1491 OTHER INTOXICANTS, TO PROVIDE A CORRECT CODE BY FINANCE COMMITTEE REFERENCE AND TO MAKE A TECHNICAL CORRECTION. AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT OF S 1497 HEALTH AND WELFARE FOR PUBLIC HEALTH SERVICES BY JUDICIARY AND RULES COMMITTEE FOR FISCAL YEAR 2003; PROVIDING THAT THE STATE AN ACT CONTROLLER SHALL MAKE TRANSFERS FROM THE RELATING TO PUBLIC WRITINGS; AMENDING SECTION GENERAL FUND; REAPPROPRIATING CERTAIN 9-337, IDAHO CODE, TO FURTHER DEFINE "PUBLIC UNEXPENDED AND UNENCUMBERED BALANCES OF OFFICIAL" TO EXCLUDE NONEXECUTIVE EMPLOYEES MONEYS; AUTHORIZING THE EXPENDITURE OF ALL RECEIPTS COLLECTED; SUPERSEDING THE PROVISIONS OF PUBLIC HOSPITALS WHOSE OPERATIONS ARE OF SECTION 57-1702, IDAHO CODE; AND EXPRESSING FUNDED PRIMARILY BY PATIENT CARE REVENUE, TO LEGISLATIVE INTENT WITH REGARD TO SALARY DEFINE "NONEXECUTIVE EMPLOYEE" AND TO MAKE SAVINGS. TECHNICAL CORRECTIONS.

S 1492 S 1498 BY FINANCE COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT OF RELATING TO SALARIES OF ELECTIVE OFFICERS; HEALTH AND WELFARE FOR THE DIVISION OF WELFARE FOR FISCAL YEAR 2003; PROVIDING THAT THE STATE AMENDING SECTION 59-501, IDAHO CODE, TO PROVIDE CONTROLLER SHALL MAKE TRANSFERS FROM THE THAT THE SALARIES OF ELECTIVE OFFICERS SHALL BE GENERAL FUND; REAPPROPRIATING CERTAIN INCREASED BY SPECIFIED AMOUNTS ON THE FIRST UNEXPENDED AND UNENCUMBERED BALANCES OF MONDAY OF JANUARY OF THE YEARS SPECIFIED. MONEYS; AUTHORIZING THE EXPENDITURE OF ALL RECEIPTS COLLECTED; EXPRESSING LEGISLATIVE S 1499 INTENT WITH REGARD TO SALARY SAVINGS; BY STATE AFFAIRS COMMITTEE EXPRESSING LEGISLATIVE INTENT WITH REGARD TO AN ACT REINSTATEMENT OF WELFARE FRAUD INVESTIGATORS; RELATING TO WOLVES; AMENDING SECTION 36-715, APPROPRIATING ADDITIONAL MONEYS TO THE IDAHO CODE, TO EXTEND THE TIME IN WHICH THE DEPARTMENT OF HEALTH AND WELFARE FOR THE DEPARTMENT OF FISH AND GAME IS AUTHORIZED TO SELF-RELIANCE PROGRAMS FOR FISCAL YEAR 2002; WORK IN CONJUNCTION WITH THE WOLF OVERSIGHT AND DECLARING AN EMERGENCY FOR SECTION 7 OF COMMITTEE IN DEVELOPMENT AND IMPLEMENTATION THIS ACT. OF AN IDAHO WOLF MANAGEMENT PLAN. [March 4, 2002 SENATE JOURNAL 179

S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, S 1494, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1495, S 1496, S 1497, S 1498, and S 1499 were introduced, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, read the first time at length, and referred to the Judiciary and Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Rules Committee for printing. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. S 1302, as amended, by Schroeder, was read the first time at length and filed for second reading. NAYS--None.

SJR 103, as amended, by Education Committee, was read Absent and excused--Hawkins. Total - 1. the first time at length and filed for second reading. Total - 35. S 1443, as amended, by Transportation Committee, was read the first time at length and filed for second reading. Whereupon the President declared S 1431, as amended, passed, title was approved, and the bill ordered transmitted to the House. S 1462, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. On request by Senator Frasure, granted by unanimous consent, H 488, as amended in the Senate, retained its place on H 683, by Appropriations Committee, was introduced, read the Third Reading Calendar. the first time at length, and referred to the Finance Committee. S 1474 was read the third time at length, section by section, The Senate advanced to the Twelfth Order of Business. and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The Second Reading of Bills question being, “Shall the bill pass?”

On request by Senator Deide, granted by unanimous consent, S 1479, S 1480, S 1481, S 1482, and S 1486, by Finance S 1474 retained its place on the Third Reading Calendar for one Committee, were read the second time at length and filed for legislative day. third reading. On request by Senator Risch, granted by unanimous consent, S 1439, by Transportation Committee, was read the second S 1451 was placed before the Senate for consideration at this time at length and filed for third reading. time.

H 611, by Transportation and Defense Committee, was read S 1451 was read the third time at length, section by section, the second time at length and filed for third reading. and placed before the Senate for final consideration. Senator Dunklin arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Roll call resulted as follows:

Reports of Standing Committees AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, March 4, 2002 Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, The JUDICIARY AND RULES Committee reports that Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, S 1499 has been correctly printed. Wheeler, Williams. Total - 34.

DARRINGTON, Chairman NAYS--None.

S 1499 was referred to the Resources and Environment Absent and excused--Hawkins. Total - 1. Committee. Total - 35. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Whereupon the President declared S 1451 passed, title was approved, and the bill ordered transmitted to the House. Third Reading of Bills On request by Senator Risch, granted by unanimous consent, S 1431, as amended, having been held, was read the third H 480 was placed before the Senate for consideration at this time. time at length, section by section, and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill H 480 was read the third time at length, section by section, and opened the debate. The question being, “Shall the bill pass?” and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, “Shall the bill pass?” 180 SENATE JOURNAL March 4, 2002]

Roll call resulted as follows: SENATE AMENDMENT TO S 1394 AMENDMENTS TO SECTION 1 AYES--Andreason, Bartlett (Branch), Boatright, Brandt, On page 1 of the printed bill, in line 17, delete "one dollar Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, ($1.00)" and insert: "fifty cents (50¢)"; in line 22, delete "one Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, dollar ($1.00)" and insert: "fifty cents (50¢)"; delete lines 25 and King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, 26, and in line 27, delete "agement" and insert: "the department Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, of environmental quality"; also in line 27, delete "county for the Wheeler, Williams. Total - 34. management" and insert: "department of environmental quality for the cleanup"; in line 28, delete "tires" and insert: "tire piles NAYS--None. in this state"; and also in line 28, delete "any moneys remaining may be used to manage solid waste" and insert: "five percent Absent and excused--Hawkins. Total - 1. (5%) of the moneys received from such fees may be used by the department for the costs of administering the provisions of this Total - 35. section".

Whereupon the President declared H 480 passed, title was AMENDMENT TO SECTION 2 approved, and the bill ordered returned to the House. On page 2, in line 14, delete "municipal solid waste".

On request by Senator Risch, granted by unanimous consent, AMENDMENT TO THE BILL all Senate bills were moved to the head of the Third Reading On page 2, following line 41, insert: Calendar. "SECTION 3. Section 1 of this act shall be null, void and of no force and effect on and after June 30, 2004.". On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. CORRECTIONS TO TITLE On page 1, in line 7, delete "AND AMENDING" and insert: General Calendar "AMENDING"; in line 10, delete "MUNICIPAL SOLID WASTE"; and in line 11, following "QUALITY" insert: "; AND The President declared the Senate resolved into the TO PROVIDE A SUNSET DATE". Committee of the Whole and called Senator Sandy to the Chair to preside during the sitting of the Committee of the Whole. SENATE AMENDMENT TO S 1472 AMENDMENT TO SECTION 2 Following the adjournment of the Committee of the Whole, On page 2 of the printed bill, in line 38, following the President called the Senate to order. "representation," insert: "material omission," and also in line 38, delete "other" and insert: "other". Report of the Committee of the Whole SENATE AMENDMENT TO S 1442 Senator Sandy, Chairman of the Committee of the Whole, AMENDMENTS TO SECTION 2 reported out S 1390, as amended, S 1394, S 1472, S 1442, On page 3 of the printed bill, in line 3, delete "of Idaho S 1478, and S 1458, without recommendation and amended as payada/boys and"; in line 4, delete "girls clubs" and insert: follows: "charitable"; in line 5, delete "youth oriented activities" and insert: "charitable activities within the state of Idaho"; delete lines SENATE AMENDMENTS TO S 1390, As Amended 11 through 14, and in line 15, delete "designs and slogans." and AMENDMENTS TO SECTION 1 insert: On page 1 of the engrossed bill, delete lines 30 through 33 "(5) The Idaho corvette license plate shall be of a color and and insert: "aged. The department may fulfill this mission by design comparable to the standard issue of license plates with blue operating a statewide system of parks and recreation programs or numerals on a red, white and blue background, except that the by entering into agreements with cities, counties, recreation word "Idaho" shall appear on each plate and the county designator districts or other political subdivisions or agencies of the state, the shall be omitted to provide for distinguishing designs and slogans, federal government, tribal governments, private landowners or acceptable to the valley corvettes of Idaho, to be added to the nonprofit organizations, that further expand the public park and plate."; recreation opportunities available to the public. The legislature in line 22, delete "of Idaho payada/boys and girls clubs" and finds that the state of Idaho and its subdivisions should enjoy the insert: "charitable"; and delete line 23 and insert: "fund. Initial benefits of federal lands and assistance programs for the"; and in costs of the plate program, including costs of plate design, shall line 39, following "such" insert: "lands and". be paid by the valley corvettes charitable support fund.".

AMENDMENT TO SECTION 2 SENATE AMENDMENTS TO S 1478 On page 2, delete lines 42 through 44 and insert: "state AMENDMENT TO SECTION 3 parks, state monuments or state recreational areas and to secure On page 2 of the printed bill, in line 47, delete "from among agreements or contracts with the". those petitioning for the library district".

CORRECTION TO TITLE AMENDMENT TO SECTION 4 On page 1, delete lines 7 through 10 and insert: "THE On page 3, in line 21, following "board." delete the PURPOSE OF LEASING LANDS, TO AUTHORIZE THE remainder of the line, delete lines 22 through 37, and insert: "The BOARD TO ENTER INTO". board or boards of county commissioners shall have forty-five [March 5, 2002 SENATE JOURNAL 181

(45) days from the receipt of the motion and legal description to ______reject, by adoption of a motion, the establishment of trustee zones proposed by formal motion of the board of trustees of the library district. If the board or boards of county commissioners do not reject the establishment of the trustee zones within the time limit FIFTY-EIGHTH LEGISLATIVE DAY TUESDAY, MARCH 5, 2002 specified, they shall be deemed to be in full force and effect. If a library district is contained in more than one (1) county, a motion of rejection adopted by one (1) board of county commissioners Senate Chamber shall be sufficient to keep the trustee zone plan from going into effect. A board of county commissioners shall notify the library President Riggs called the Senate to order at 9:30 a.m. board of trustees in writing if a proposal is rejected. If a proposal for the establishment of trustee zones is rejected Roll call showed all members present except Senator Ingram, by a board of county commissioners, the boundaries of the trustee absent and formally excused by the Chair; and Senators Boatright, zones, if any, shall return to the dimensions they were before the Bunderson, Cameron, Davis, Dunklin, Frasure, Keough, King- rejection. Trustee zones may be redefined and changed, but not Barrutia, and Stennett, absent and excused. more than once every two (2) years after a new set of trustee Prayer was offered by Chaplain C. Leon Johnson. zones are formally established and in full force and effect.". The Senate advanced to the Third Order of Business. SENATE AMENDMENT TO S 1458 AMENDMENTS TO SECTION 3 Reading and Correction of the Journal On page 2 of the printed bill, in line 7, delete "ninety (90)" The JUDICIARY AND RULES Committee reports that the and insert: "ninety (90) one hundred eighty (180)"; and in line 16, Senate Journal of the proceedings of March 4, 2002, was read and delete "ninety (90)" and insert: "ninety (90) one hundred eighty approved as corrected. (180)". DARRINGTON, Chairman CORRECTION TO TITLE There being no objection, the report was adopted and On page 1, in line 6, following "CODE," insert: "TO ordered filed in the office of the Secretary of the Senate. EXTEND THE PERIOD OF A LIEN,"; and in line 8, following "CREATED", insert: ", TO EXTEND THE PERIOD FOR On request by Senator Risch, granted by unanimous consent, FILING CERTAIN LIENS". the Senate advanced to the Sixth Order of Business. Reports of Standing Committees The Committee also has H 474, S 1387, H 597, S 1450, H 600, and H 586 under consideration, reports progress, and Senators Boatright, Cameron, Davis, Dunklin, Frasure, begs leave to sit again. King-Barrutia, and Keough were recorded present at this order of business.

SANDY, Chairman March 5, 2002

On motion by Senator Sandy, seconded by Senator Stennett, The JUDICIARY AND RULES Committee reports that S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, S 1494, the report was adopted by voice vote. S 1495, S 1496, S 1497, and S 1498 have been correctly printed.

S 1390, as amended, as amended, S 1394, as amended, DARRINGTON, Chairman S 1472, as amended, S 1442, as amended, S 1478, as amended, and S 1458, as amended, were referred to the Judiciary and Rules S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, and S 1494 were referred to the Finance Committee. Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. S 1495 and S 1496 were referred to the Judiciary and Rules Committee. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. S 1497 was referred to the Health and Welfare Committee.

Miscellaneous Business S 1498 was referred to the State Affairs Committee. March 4, 2002 On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate adjourned at 12:05 p.m. until the hour The JUDICIARY AND RULES Committee reports that of 9:30 a.m., Tuesday, March 5, 2002. S 1390, as amended, as amended, S 1394, as amended, S 1472, as amended, S 1442, as amended, S 1478, as amended, and JACK RIGGS, President S 1458, as amended, have been correctly engrossed.

Attest: JEANNINE WOOD, Secretary DARRINGTON, Chairman 182 SENATE JOURNAL March 5, 2002]

S 1390, as amended, as amended, S 1394, as amended, S 1499, H 538, H 506, and H 569 were filed for second S 1472, as amended, S 1442, as amended, S 1478, as amended, reading. and S 1458, as amended, were filed for first reading. SCR 134 was referred to the Tenth Order of Business, March 4, 2002 Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. The JUDICIARY AND RULES Committee reports that Senate amendments to S 1390, as amended, S 1394, S 1472, March 4, 2002 S 1442, S 1478, and S 1458 have been correctly printed. The STATE AFFAIRS Committee reports out S 1374, H 658, and H 616 with the recommendation that they do pass. DARRINGTON, Chairman SORENSEN, Chairman The report was ordered filed in the office of the Secretary of the Senate. S 1374, H 658, and H 616 were filed for second reading.

March 4, 2002 March 4, 2002 The FINANCE Committee reports out S 1488, S 1489, The FINANCE Committee reports out H 683 with the S 1490, S 1491, S 1492, S 1493, and S 1494 with the recommendation that it do pass. recommendation that they do pass.

CAMERON, Chairman CAMERON, Chairman

H 683 was filed for second reading. S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, and S 1494 were filed for second reading. March 4, 2002 March 4, 2002

The COMMERCE AND HUMAN RESOURCES The LOCAL GOVERNMENT AND TAXATION Committee reports out H 409 with the recommendation that it do Committee reports out H 619 with the recommendation that it do pass. pass.

ANDREASON, Chairman THORNE, Chairman

H 409 was filed for second reading. H 619 was filed for second reading. March 4, 2002 March 4, 2002 The LOCAL GOVERNMENT AND TAXATION The COMMERCE AND HUMAN RESOURCES Committee reports out H 607, as amended, with the Committee reports out HCR 48 and HJM 15 with the recommendation that it be referred to the Fourteenth Order of recommendation that they do pass. Business for amendment.

ANDREASON, Chairman THORNE, Chairman

HCR 48 and HJM 15 were referred to the Tenth Order of There being no objection, H 607, as amended, was referred to the Fourteenth Order of Business, General Calendar. Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. March 4, 2002 Messages from the House The JUDICIARY AND RULES Committee reports out H 497, H 564, as amended, H 594, and H 601 with the Senators Bunderson and Ingram were recorded present at this recommendation that they do pass. order of business.

DARRINGTON, Chairman March 4, 2002

H 497, H 564, as amended, H 594, and H 601 were filed for Mr. President: second reading. I transmit herewith HJM 19, H 570, as amended, H 505, as March 4, 2002 amended, H 572, as amended, H 555, as amended, H 643, as amended, H 579, as amended, H 548, as amended, H 581, as The RESOURCES AND ENVIRONMENT Committee amended, H 680, H 681, HCR 56, H 574, HCR 57, H 668, and reports out S 1499, SCR 134, H 538, H 506, and H 569 with the H 669, and I return herewith S 1456, S 1457, S 1464, S 1465, recommendation that they do pass. S 1466, and S 1471, which have passed the House.

NOH, Chairman JUKER, Chief Clerk [March 5, 2002 SENATE JOURNAL 183

HJM 19, H 570, as amended, H 505, as amended, H 572, On motion by Senator King-Barrutia, seconded by Senator as amended, H 555, as amended, H 643, as amended, H 579, as Marley, the Gubernatorial appointment of Veeta Roberts as a amended, H 548, as amended, H 581, as amended, H 680, member of the Idaho Bingo-Raffle Advisory Board was confirmed H 681, HCR 56, H 574, HCR 57, H 668, and H 669 were filed by voice vote. for first reading. The President declared the report adopted and directed the S 1456, S 1457, S 1464, S 1465, S 1466, and S 1471 were Secretary of the Senate to prepare letters of the Gubernatorial referred to the Judiciary and Rules Committee for enrolling. appointment confirmations for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the March 4, 2002 action of the Senate.

Mr. President: The President announced the Resources and Environment Committee report, relative to the Gubernatorial appointments of I transmit herewith H 660, H 500, H 502, H 541, H 623, C. Wayne Hunsucker and William C. Bernt, was before the H 542, H 598, H 666, H 663, HCR 58, H 671, H 691, H 610, Senate for final consideration, the question being, “Shall the as amended, H 692, H 693, H 694, H 695, H 696, H 697, report be adopted?” H 698, and H 699, which have passed the House. On motion by Senator Andreason, seconded by Senator JUKER, Chief Clerk Marley, the Gubernatorial appointment of C. Wayne Hunsucker as a member of the Idaho Outfitters and Guides Licensing Board H 660, H 500, H 502, H 541, H 623, H 542, H 598, was confirmed by voice vote. H 666, H 663, HCR 58, H 671, H 691, H 610, as amended, H 692, H 693, H 694, H 695, H 696, H 697, H 698, and H 699 On motion by Senator Burtenshaw, seconded by Senator were filed for first reading. Marley, the Gubernatorial appointment of William C. Bernt as a member of the Idaho Outfitters and Guides Licensing Board was March 4, 2002 confirmed by voice vote.

Mr. President: The President declared the report adopted and directed the Secretary of the Senate to prepare letters of the Gubernatorial I transmit herewith Enrolled H 503, H 528, H 398, H 399, appointment confirmations for his signature, attested to by the H 525, H 501, H 498, and H 549 for the signature of the Secretary, to be transmitted to the Governor informing him of the President. action of the Senate.

JUKER, Chief Clerk The Senate advanced to the Eleventh Order of Business.

The President signed Enrolled H 503, H 528, H 398, H 399, Introduction, First Reading, and Reference of Bills, H 525, H 501, H 498, and H 549 and ordered them returned to House Petitions, Resolutions, and Memorials the House. S 1500 The Senate advanced to the Tenth Order of Business. BY FINANCE COMMITTEE AN ACT Motions and Resolutions APPROPRIATING MONEYS TO THE OFFICE OF THE GOVERNOR FOR THE COMMISSION FOR THE BLIND AND Senator Stennett was recorded present at this order of VISUALLY IMPAIRED FOR FISCAL YEAR 2003; AND business. LIMITING THE NUMBER OF FULL-TIME EQUIVALENT The President announced that HJM 16 was before the Senate POSITIONS. for final consideration, the question being, “Shall the memorial be adopted?” S 1501 BY FINANCE COMMITTEE On motion by Senator Goedde, seconded by Senator Risch, AN ACT HJM 16 was adopted by voice vote, title was approved, and the memorial ordered returned to the House. APPROPRIATING MONEYS TO THE PUBLIC HEALTH TRUST FUND FOR THE PUBLIC HEALTH DISTRICTS FOR On request by Senator Davis, granted by unanimous consent, FISCAL YEAR 2003; AND APPROPRIATING ADDITIONAL HJM 17 retained its place on the calendar for one legislative day. MONEYS TO THE PUBLIC HEALTH TRUST FUND FOR THE PANHANDLE HEALTH DISTRICT FOR FISCAL YEAR 2003. The President announced the State Affairs Committee report, relative to the Gubernatorial appointments of Stephen Maloff and Veeta Roberts, was before the Senate for final consideration, the S 1502 question being, “Shall the report be adopted?” BY FINANCE COMMITTEE AN ACT On motion by Senator Sorensen, seconded by Senator APPROPRIATING MONEYS FOR THE DIVISION OF Marley, the Gubernatorial appointment of Stephen Maloff as a VOCATIONAL REHABILITATION FOR FISCAL YEAR 2003; member of the Idaho Commission on Human Rights was AND LIMITING THE NUMBER OF FULL-TIME confirmed by voice vote. EQUIVALENT POSITIONS. 184 SENATE JOURNAL March 5, 2002]

S 1503 S 1506 BY FINANCE COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT APPROPRIATING MONEYS TO THE STATE TREASURER RELATING TO THE SMALL EMPLOYER HEALTH FOR FISCAL YEAR 2003; PROVIDING FOR THE RECOVERY REINSURANCE PROGRAM; AMENDING SECTION 41-4711, OF BANKING SERVICES COSTS TO THE GENERAL FUND; IDAHO CODE, TO CLARIFY THAT NEWBORN REQUIRING A REPORT ON INTEREST EARNINGS AND DEPENDENTS ARE NOT ELIGIBLE FOR REINSURANCE BANK SERVICE FEES; REAPPROPRIATING CERTAIN UNLESS A PARENT IS ALREADY REINSURED; UNEXPENDED AND UNENCUMBERED BALANCES TO THE DECLARING AN EMERGENCY AND PROVIDING STATE TREASURER; EXPRESSING LEGISLATIVE INTENT RETROACTIVE APPLICATION. WITH RESPECT TO CERTAIN EXPENDITURES; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT S 1500, S 1501, S 1502, S 1503, S 1504, S 1505, and POSITIONS. S 1506 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. S 1504 BY FINANCE COMMITTEE S 1390, as amended, as amended, by Local Government and AN ACT Taxation Committee, was read the first time at length and filed APPROPRIATING MONEYS TO THE STATE CONTROLLER for second reading. FOR FISCAL YEAR 2003; PRESCRIBING BILLING METHODOLOGIES FOR STATEWIDE ACCOUNTING AND S 1394, as amended, by Health and Welfare Committee, was STATEWIDE PAYROLL; REQUIRING CERTAIN read the first time at length and filed for second reading. PURCHASES BE SUBJECT TO CERTAIN CONDITIONS; EXPRESSING LEGISLATIVE INTENT WITH RESPECT TO S 1472, as amended, by Judiciary and Rules Committee, was CERTAIN EXPENDITURES; REAPPROPRIATING CERTAIN read the first time at length and filed for second reading. UNEXPENDED AND UNENCUMBERED BALANCES; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT S 1442, as amended, by Transportation Committee, was read POSITIONS. the first time at length and filed for second reading. S 1505 BY STATE AFFAIRS COMMITTEE S 1478, as amended, by State Affairs Committee, was read AN ACT the first time at length and filed for second reading. RELATING TO THE IDAHO ELECTRICITY AUTHORITY; AMENDING SECTION 50-2502, IDAHO CODE, TO FURTHER S 1458, as amended, by Judiciary and Rules Committee, was DEFINE "PUBLIC UTILITY" TO INCLUDE THE IDAHO read the first time at length and filed for second reading. ELECTRICITY AUTHORITY, TO PROVIDE REFERENCE TO THE STATE OF IDAHO AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 61-332B, IDAHO HJM 19, by State Affairs Committee, was introduced, read CODE, TO REFERENCE A CODE SECTION; AND at length, and referred to the State Affairs Committee. AMENDING TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 14, TITLE 61, IDAHO CODE, TO H 570, as amended, by Education Committee, was PROVIDE A DECLARATION OF POLICY, TO DEFINE introduced, read the first time at length, and referred to the TERMS, TO PROVIDE THE POWERS OF THE DIRECTOR Education Committee. OF THE AUTHORITY, TO CREATE AND GIVE THE DUTIES OF THE AUTHORITY, TO PROVIDE H 505, as amended, by Business Committee, was REGULATIONS FOR SALE OF POWER BY THE AUTHORITY, TO STATE CONDITIONS WHERE THE introduced, read the first time at length, and referred to the DIRECTOR CAN CONTRACT WITH SOMEONE OTHER Commerce and Human Resources Committee. THAN THE UNITED STATES FOR POWER, TO PROVIDE FOR FINDINGS BY THE DIRECTOR AND TO DEFINE A H 572, as amended, by Local Government Committee, was TERM, TO PROVIDE CONDITIONS FOR PURCHASE OF introduced, read the first time at length, and referred to the Local FACILITIES BY THE AUTHORITY, TO PROVIDE FOR THE Government and Taxation Committee. APPROVAL OF RATES, TO GIVE REQUIREMENTS FOR ADMINISTRATION OF CONTRACTS, TO STATE CRITERIA H 555, as amended, by State Affairs Committee, was FOR RETURN ON INVESTMENT TO THE AUTHORITY, TO PROVIDE FOR CONTRACTING WITH PUBLIC UTILITIES, introduced, read the first time at length, and referred to the TO PROVIDE RULES FOR EXTENSION OF CONTRACTS Agricultural Affairs Committee. BETWEEN A PUBLIC UTILITY AND THE AUTHORITY, TO PROVIDE FOR THE PROCUREMENT OF POWER FROM H 643, as amended, by Transportation and Defense PUBLIC UTILITIES, TO ESTABLISH AN IDAHO Committee, was introduced, read the first time at length, and ELECTRICITY AUTHORITY FUND, TO PROVIDE FOR referred to the Transportation Committee. REGULATION BY THE PUBLIC UTILITIES COMMISSION, TO PROVIDE THAT STATE AGENCIES SHALL PROVIDE H 579, as amended, by Health and Welfare Committee, was ASSISTANCE TO THE AUTHORITY UPON REQUEST, TO introduced, read the first time at length, and referred to the LIMIT APPLICATION REGARDING SERVICE AREAS OF PUBLICLY OWNED UTILITIES, TO DETERMINE THE Health and Welfare Committee. AUTHORITY'S ELIGIBILITY FOR TAXATION, TO PROVIDE FOR COMMENCEMENT OF ACTIVITIES, TO H 548, as amended, by Education Committee, was PROVIDE FOR CESSATION OF ACTIVITIES, TO PROVIDE introduced, read the first time at length, and referred to the FOR BONDING AND TO PROVIDE SEVERABILITY. Education Committee. [March 5, 2002 SENATE JOURNAL 185

H 581, as amended, H 680, and H 681, by Revenue and S 1444, by Transportation Committee, was read the second Taxation Committee, were introduced, read the first time at time at length and filed for third reading. length, and referred to the Local Government and Taxation Committee. H 483, by Judiciary, Rules, and Administration Committee, was read the second time at length and filed for third reading. HCR 56, by Education Committee, was introduced, read at length, and referred to the State Affairs Committee. H 403 and H 404, by Mr. Speaker, were read the second time at length and filed for third reading. H 574, by Local Government Committee, was introduced, read the first time at length, and referred to the Local H 602, by Judiciary, Rules, and Administration Committee, Government and Taxation Committee. was read the second time at length and filed for third reading.

HCR 57, by Education Committee, was introduced, read at SJR 104 and S 1477, by State Affairs Committee, were read length, and referred to the Education Committee. the second time at length and filed for third reading.

H 668 and H 669, by State Affairs Committee, were H 612 and H 613, by State Affairs Committee, were read introduced, read the first time at length, and referred to the State the second time at length and filed for third reading. Affairs Committee. S 1487, by Finance Committee, was read the second time at H 660, by Ways and Means Committee, was introduced, length and filed for third reading. read the first time at length, and referred to the Commerce and Human Resources Committee. H 447, H 561, H 448, H 444, H 446, H 524, and H 556, by Agricultural Affairs Committee, were read the second time at H 500, H 502, H 541, H 623, H 542, and H 598, by length and filed for third reading. Judiciary, Rules, and Administration Committee, were introduced, read the first time at length, and referred to the S 1302, as amended, by Schroeder, was read the second time Judiciary and Rules Committee. at length and filed for third reading.

H 666, by Ways and Means Committee, was introduced, SJR 103, as amended, by Education Committee, was read read the first time at length, and referred to the Resources and the second time at length and filed for third reading. Environment Committee. S 1443, as amended, by Transportation Committee, was read H 663, by Revenue and Taxation Committee, was the second time at length and filed for third reading. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. S 1462, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. HCR 58, by State Affairs Committee, was introduced, read at length, and referred to the State Affairs Committee. The Senate advanced to the Thirteenth Order of Business. Third Reading of Bills H 671, by Education Committee, was introduced, read the first time at length, and referred to the Health and Welfare On request by Senator Risch, granted by unanimous consent, Committee. all Senate bills were placed at the head of the Third Reading Calendar. H 691, H 692, H 693, H 694, H 695, H 696, H 697, H 698, and H 699, by Appropriations Committee, were S 1474, having been held, having previously been read the introduced, read the first time at length, and referred to the third time at length and debate having previously been opened, Finance Committee. was before the Senate for final consideration at this time. Senator Deide arose as sponsor of the bill and re-opened the debate. The question being, “Shall the bill pass?” H 610, as amended, by Transportation and Defense Committee, was introduced, read the first time at length, and Roll call resulted as follows: referred to the Transportation Committee. AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, The Senate advanced to the Twelfth Order of Business. Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Second Reading of Bills Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Wheeler, Williams. Total - 30. H 676, by Appropriations Committee, was read the second time at length and filed for third reading. NAYS--Boatright, Burtenshaw, Hawkins, Richardson, Thorne. Total - 5. H 567, by Business Committee, was read the second time at length and filed for third reading. Total - 35.

H 546, by Education Committee, was read the second time Whereupon the President declared S 1474, passed, title was at length and filed for third reading. approved, and the bill ordered transmitted to the House. 186 SENATE JOURNAL March 6, 2002]

S 1354 was read the third time at length, section by section, Whereupon the President declared S 1479 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Dunklin arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Roll call resulted as follows: Miscellaneous Business AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, On motion by Senator Risch, seconded by Senator Stennett, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, by voice vote the Senate adjourned at 11:52 a.m. until the hour of Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, 9:30 a.m., Wednesday, March 6, 2002. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Williams. Total - 33. JACK RIGGS, President

NAYS--None. Attest: JEANNINE WOOD, Secretary

Absent and excused--Bartlett (Branch), Wheeler. Total - 2. ______Total - 35.

Whereupon the President declared S 1354 passed, title was FIFTY-NINTH LEGISLATIVE DAY approved, and the bill ordered transmitted to the House. WEDNESDAY, MARCH 6, 2002

S 1421 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Senate Chamber Risch arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” President Riggs called the Senate to order at 9:30 a.m. Roll call showed all members present except Senator Sims, Roll call resulted as follows: absent and formally excused by the Chair; Acting Senator Bartlett; and Senators Andreason, Frasure, Schroeder, Stegner, AYES--Andreason, Boatright, Brandt, Bunderson, Stennett, Wheeler, and Williams, absent and excused. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Prayer was offered by Chaplain C. Leon Johnson. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, The Senate advanced to the Third Order of Business. Thorne, Wheeler, Williams. Total - 34. Reading and Correction of the Journal

NAYS--None. Senators Frasure, Schroeder, and Williams were recorded present at this order of business. Absent and excused--Bartlett (Branch). Total - 1. The JUDICIARY AND RULES Committee reports that the Total - 35. Senate Journal of the proceedings of March 5, 2002, was read and approved as corrected. Whereupon the President declared S 1421 passed, title was approved, and the bill ordered transmitted to the House. DARRINGTON, Chairman

S 1479 was read the third time at length, section by section, There being no objection, the report was adopted and and placed before the Senate for final consideration. Senator ordered filed in the office of the Secretary of the Senate. Richardson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Roll call resulted as follows: Reports of Standing Committees AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Acting Senator Bartlett, and Senators Stennett and Wheeler Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, were recorded present at this order of business. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. March 6, 2002

NAYS--None. The JUDICIARY AND RULES Committee reports that S 1500, S 1501, S 1502, S 1503, S 1504, S 1505, and S 1506 Absent and excused--Bartlett (Branch). Total - 1. have been correctly printed.

Total - 35. DARRINGTON, Chairman [March 6, 2002 SENATE JOURNAL 187

S 1500, S 1501, S 1502, S 1503, and S 1504 were referred William Parish to the Idaho Aeronautics Advisory Board, to the Finance Committee. term to expire January 31, 2004.

S 1505 was referred to the State Affairs Committee. FRASURE, Chairman

S 1506 was referred to the Commerce and Human Resources The Gubernatorial appointment was referred to the Tenth Committee. Order of Business, Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. March 5, 2002 March 5, 2002 The JUDICIARY AND RULES Committee reports that S 1456, S 1457, S 1464, S 1465, S 1466, and S 1471 have been The TRANSPORTATION Committee reports out H 550 and correctly enrolled. H 608, as amended, with the recommendation that they do pass.

DARRINGTON, Chairman FRASURE, Chairman

The President signed Enrolled S 1456, S 1457, S 1464, H 550 and H 608, as amended, were filed for second S 1465, S 1466, and S 1471 and ordered them transmitted to the reading. House for the signature of the Speaker. March 5, 2002 March 6, 2002 The COMMERCE AND HUMAN RESOURCES The FINANCE Committee reports out H 691, H 692, Committee reports out H 504 with the recommendation that it do H 693, H 694, H 695, H 696, H 697, H 698, and H 699 with the pass and with the recommendation that it be placed on the recommendation that they do pass. Consent Calendar.

CAMERON, Chairman ANDREASON, Chairman

H 691, H 692, H 693, H 694, H 695, H 696, H 697, H 504 was filed for second reading. H 698, and H 699 were filed for second reading. March 5, 2002 March 5, 2002 The COMMERCE AND HUMAN RESOURCES The EDUCATION Committee reports out S 1485 with the Committee reports out H 485 and H 484 with the recommendation that it do pass. recommendation that they do pass.

SCHROEDER, Chairman ANDREASON, Chairman

S 1485 was filed for second reading. H 485 and H 484 were filed for second reading.

March 5, 2002 March 6, 2002

The HEALTH AND WELFARE Committee reports out The FINANCE Committee reports out S 1500, S 1501, H 552 with the recommendation that it be referred to the S 1502, S 1503, and S 1504 with the recommendation that they Fourteenth Order of Business for amendment. do pass. IPSEN, Chairman CAMERON, Chairman There being no objection, H 552 was referred to the Fourteenth Order of Business, General Calendar. S 1500, S 1501, S 1502, S 1503, and S 1504 were filed for second reading. March 5, 2002 March 6, 2002 The HEALTH AND WELFARE Committee reports out H 671 with the recommendation that it do pass. The AGRICULTURAL AFFAIRS Committee reports out IPSEN, Chairman H 522, H 644, and H 645 with the recommendation that they do pass. H 671 was filed for second reading. WILLIAMS, Chairman March 5, 2002

The TRANSPORTATION Committee reports it has had H 522, H 644, and H 645 were filed for second reading. under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be On request by Senator Risch, granted by unanimous consent, confirmed by the Senate: the Senate advanced to the Ninth Order of Business. 188 SENATE JOURNAL March 6, 2002]

Messages from the House On motion by Senator Goedde, seconded by Senator Brandt, HCR 48 was adopted by voice vote, title was approved, and the Senators Andreason and Stegner were recorded present at resolution ordered returned to the House. this order of business. The President announced that HJM 15 was before the Senate March 5, 2002 for final consideration, the question being, “Shall the memorial be adopted?” Mr. President: On motion by Senator Dunklin, seconded by Senator Marley, I transmit herewith H 700, H 701, H 665, H 395, H 599, as HJM 15 was adopted by voice vote, title was approved, and the amended, H 634, as amended, H 487, as amended, H 523, as memorial ordered returned to the House. amended, as amended, H 677, as amended, and H 590, as amended, which have passed the House. The President announced that SCR 134 was before the Senate for final consideration. JUKER, Chief Clerk Moved by Senator Noh, seconded by Senator Marley, that H 700, H 701, H 665, H 395, H 599, as amended, H 634, SCR 134 be adopted. The question being, “Shall the resolution as amended, H 487, as amended, H 523, as amended, as be adopted?” amended, H 677, as amended, and H 590, as amended, were filed for first reading. Roll call vote was requested by Senators Noh, Ingram, and Brandt. March 5, 2002 Roll call resulted as follows: Mr. President: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, I transmit herewith H 678, as amended, H 705, H 706, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 708, H 709, H 710, H 711, H 712, H 713, H 714, H 715, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 716, H 719, H 720, H 721, H 722, H 723, H 707, H 682, H 687, and HJM 21, which have passed the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, JUKER, Chief Clerk Stennett, Thorne, Wheeler, Williams. Total - 34.

H 678, as amended, H 705, H 706, H 708, H 709, H 710, NAYS--None. H 711, H 712, H 713, H 714, H 715, H 716, H 719, H 720, H 721, H 722, H 723, H 707, H 682, H 687, and HJM 21 were Absent and excused--Sims. Total - 1. filed for first reading. Total - 35. March 5, 2002

Mr. President: Whereupon the President declared SCR 134 adopted, title was approved, and the resolution ordered transmitted to the I transmit herewith Enrolled HCR 47, H 516, and H 391 for House. the signature of the President. The Senate advanced to the Eleventh Order of Business. JUKER, Chief Clerk Introduction, First Reading, and Reference of Bills, The President signed Enrolled HCR 47, H 516, and H 391 House Petitions, Resolutions, and Memorials and ordered them returned to the House. S 1507 The Senate advanced to the Tenth Order of Business. BY FINANCE COMMITTEE Motions and Resolutions AN ACT APPROPRIATING MONEYS TO THE IDAHO STATE POLICE The President announced that HJM 17, having been held, FOR FISCAL YEAR 2003; AND LIMITING THE NUMBER OF was before the Senate for final consideration, the question being, AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. “Shall the memorial be adopted?” S 1508 On motion by Senator Richardson, seconded by Senator BY FINANCE COMMITTEE Marley, HJM 17 was adopted by voice vote, title was approved, AN ACT and the memorial ordered returned to the House. APPROPRIATING MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR 2003; EXPRESSING The President announced that HCR 48 was before the Senate LEGISLATIVE INTENT WITH REGARD TO CAPITOL MALL for final consideration, the question being, “Shall the resolution SECURITY; AND LIMITING THE NUMBER OF be adopted?” AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. [March 6, 2002 SENATE JOURNAL 189

S 1509 S 1514 BY FINANCE COMMITTEE BY FINANCE COMMITTEE AN ACT AN ACT APPROPRIATING MONEYS TO THE IDAHO STATE APPROPRIATING MONEYS TO THE SELF-GOVERNING LOTTERY FOR FISCAL YEAR 2003; LIMITING THE AGENCIES FOR THE GENERAL BOARDS FOR FISCAL NUMBER OF FULL-TIME EQUIVALENT POSITIONS; YEAR 2003; APPROPRIATING MONEYS TO THE EXPRESSING LEGISLATIVE INTENT TO CLARIFY THE SELF-GOVERNING AGENCIES FOR THE MEDICAL SCOPE OF THE APPROPRIATION; APPROPRIATING BOARDS FOR FISCAL YEAR 2003; APPROPRIATING FISCAL YEAR 2002 DIVIDENDS TO FINANCE A STUDY MONEYS TO THE SELF-GOVERNING AGENCIES FOR THE ON THE EFFECTS OF CASINO GAMBLING IN IDAHO; REGULATORY BOARDS FOR FISCAL YEAR 2003; AND AND DECLARING AN EMERGENCY FOR SECTION 4 OF LIMITING THE NUMBER OF FULL-TIME EQUIVALENT THIS ACT. POSITIONS.

S 1510 S 1515 BY FINANCE COMMITTEE BY FINANCE COMMITTEE AN ACT AN ACT APPROPRIATING MONEYS TO THE IDAHO RELATING TO THE APPROPRIATION FROM THE TRANSPORTATION DEPARTMENT FOR FISCAL YEAR PERMANENT BUILDING FUND TO THE DIVISION OF 2003; LIMITING THE NUMBER OF AUTHORIZED PUBLIC WORKS; AMENDING SECTION 2, CHAPTER 374, FULL-TIME EQUIVALENT POSITIONS; EXPRESSING LAWS OF 2001, TO ELIMINATE THE APPROPRIATION LEGISLATIVE INTENT WITH REGARD TO CERTAIN FOR THE POCATELLO WOMEN'S CORRECTIONAL TRANSFERS BEING CONTINUOUSLY APPROPRIATED; CENTER AND TO PROVIDE AN APPROPRIATION FOR AUTHORIZING THE TRANSFER OF HIGHWAY FUNDS TO THE COMMUNITY WORK CENTER IN BOISE; AND THE AERONAUTICS FUND; TRANSFERRING MONEYS DECLARING AN EMERGENCY. FOR AIRPORT DEVELOPMENT GRANTS; REAPPROPRIATING CERTAIN UNEXPENDED AND S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, UNENCUMBERED BALANCES FOR CONTRACT S 1514, and S 1515 were introduced, read the first time at length, CONSTRUCTION AND RIGHT-OF-WAY ACQUISITION; and referred to the Judiciary and Rules Committee for printing. REAPPROPRIATING CERTAIN UNEXPENDED AND UNENCUMBERED BALANCES; AND REAPPROPRIATING H 700 and H 701, by Appropriations Committee, were CERTAIN UNEXPENDED AND UNENCUMBERED introduced, read the first time at length, and referred to the BALANCES FOR AIRPORT DEVELOPMENT GRANTS. Finance Committee.

S 1511 H 665, by Education Committee, was introduced, read the BY FINANCE COMMITTEE first time at length, and referred to the Transportation Committee. AN ACT APPROPRIATING MONEYS FOR THE HEALTH H 395, by Mr. Speaker, was introduced, read the first time EDUCATION PROGRAMS FOR FISCAL YEAR 2003; at length, and referred to the Health and Welfare Committee. LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; AND REAPPROPRIATING CERTAIN H 599, as amended, by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and UNEXPENDED AND UNENCUMBERED BALANCES FOR referred to the Commerce and Human Resources Committee. THE SEVERAL DESIGNATED PROGRAMS. H 634, as amended, by Business Committee, was S 1512 introduced, read the first time at length, and referred to the BY FINANCE COMMITTEE Commerce and Human Resources Committee. AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT OF H 487, as amended, by Revenue and Taxation Committee, FISH AND GAME FOR FISCAL YEAR 2003; LIMITING THE was introduced, read the first time at length, and referred to the NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT Local Government and Taxation Committee. POSITIONS; AND EXPRESSING LEGISLATIVE INTENT REGARDING FUNDING FOR THE TEX CREEK/WILLOW H 523, as amended, as amended, by Agricultural Affairs CREEK PILOT PROJECT. Committee, was introduced, read the first time at length, and referred to the Agricultural Affairs Committee. S 1513 BY FINANCE COMMITTEE H 677, as amended, by State Affairs Committee, was AN ACT introduced, read the first time at length, and referred to the APPROPRIATING MONEYS FROM THE PERMANENT Health and Welfare Committee. BUILDING FUND TO THE DIVISION OF PUBLIC WORKS FOR THE VARIOUS PURPOSES SPECIFIED; EXPRESSING LEGISLATIVE INTENT CONCERNING THE USE OF H 590, as amended, by Business Committee, was MONEYS APPROPRIATED IN THIS ACT; EXEMPTING introduced, read the first time at length, and referred to the THE APPROPRIATIONS FROM THE PROVISIONS OF Commerce and Human Resources Committee. CHAPTER 36, TITLE 67, IDAHO CODE, AND FROM THE PROVISIONS OF SECTION 67-3516, IDAHO CODE; H 678, as amended, by State Affairs Committee, was AUTHORIZING THE USE OF TAX ANTICIPATION NOTES; introduced, read the first time at length, and referred to the State AND DECLARING AN EMERGENCY. Affairs Committee. 190 SENATE JOURNAL March 6, 2002]

H 705, H 706, H 708, H 709, H 710, H 711, H 712, S 1478, as amended, by State Affairs Committee, was read H 713, H 714, H 715, H 716, H 719, H 720, H 721, H 722, and the second time at length and filed for third reading. H 723, by Appropriations Committee, were introduced, read the first time at length, and referred to the Finance Committee. S 1458, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H 707, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business.

H 682 and H 687, by Education Committee, were General Calendar introduced, read the first time at length, and referred to the Education Committee. The President declared the Senate resolved into the Committee of the Whole and called Senator Sandy to the Chair to HJM 21, by Revenue and Taxation Committee, was preside during the sitting of the Committee of the Whole. introduced, read at length, and referred to the Transportation Committee. Following the adjournment of the Committee of the Whole, the President called the Senate to order.

The Senate advanced to the Twelfth Order of Business. Report of the Committee of the Whole

Second Reading of Bills Senator Sandy, Chairman of the Committee of the Whole, reported out H 597, H 600, H 586, H 607, as amended, and H 683, by Appropriations Committee, was read the second H 552 without recommendation and amended as follows: time at length and filed for third reading. SENATE AMENDMENT TO H 597 H 409, by Mr. Speaker, was read the second time at length AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 34, delete "49-304(3) and filed for third reading. " and insert: "49-304".

H 497, H 564, as amended, H 594, and H 601, by AMENDMENTS TO SECTION 2 Judiciary, Rules, and Administration Committee, were read the On page 2, in line 20, delete "The fail-"; delete lines 21 and second time at length and filed for third reading. 22; and following line 26 insert: "(5) The operation of a motorcycle upon a highway by any S 1499, by State Affairs Committee, was read the second person who has failed to obtain a motorcycle "M" endorsement time at length and filed for third reading. as provided in this section shall constitute an infraction.". CORRECTION TO TITLE H 538, H 506, and H 569, by Resources and Conservation On page 1, in line 5, delete "BY PERSONS UNDER THE Committee, were read the second time at length and filed for AGE OF TWENTY-ONE YEARS". third reading. SENATE AMENDMENT TO H 600 S 1374, by State Affairs Committee, was read the second AMENDMENT TO SECTION 2 time at length and filed for third reading. On page 2 of the printed bill, following line 37, insert: "(8) A person who is detained pursuant to a warrant issued H 658, by Ways and Means Committee, was read the second under this section may apply for an order quashing the warrant. time at length and filed for third reading. An action to quash a warrant issued under this section may be brought in Ada county, Idaho or in the county in Idaho in which H 616, by State Affairs Committee, was read the second a person arrested under such a warrant is detained. A warrant time at length and filed for third reading. issued under this section shall be quashed upon a showing that the person sought or detained is not the person identified in the S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, and warrant or that the person's sentence has been completed or has S 1494, by Finance Committee, were read the second time at otherwise been deemed satisfied.". length and filed for third reading. CORRECTIONS TO TITLE H 619, by Revenue and Taxation Committee, was read the On page 1, in line 15, delete "AND" and insert: ","; and in second time at length and filed for third reading. line 17, following "CORRECTION" insert: "AND TO PROVIDE FOR THE QUASHING OF WARRANTS ISSUED S 1390, as amended, as amended, by Local Government and UNDER THE PROVISIONS OF SECTION 20-209F, IDAHO Taxation Committee, was read the second time at length and filed CODE". for third reading. SENATE AMENDMENT TO H 586 S 1394, as amended, by Health and Welfare Committee, was AMENDMENTS TO SECTION 21 read the second time at length and filed for third reading. On page 10 of the printed bill, in line 42, delete "may" and insert: "shall"; and in line 44, following "board." insert: "A S 1472, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. county may issue permits for farm buildings to assure compliance with road setbacks and utility easements, provided that the cost S 1442, as amended, by Transportation Committee, was read for such permits shall not exceed the actual cost to the county of the second time at length and filed for third reading. issuing the permits.". [March 6, 2002 SENATE JOURNAL 191

AMENDMENT TO SECTION 6 SENATE AMENDMENT TO H 552 On page 3 of the printed bill, delete lines 43 and 44, and AMENDMENT TO THE BILL insert: "state. Local governments that adopt building codes, in On page 3 of the printed bill, following line 29, insert: their discretion, shall enforce all or a portion of the provisions of "SECTION 4. An emergency existing therefor, which emergency this chapter that govern application by local governments.". is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.". CORRECTION TO TITLE On page 1, delete line 9, and insert: "TO THE STATE AND CORRECTIONS TO TITLE THAT LOCAL GOVERNMENTS THAT ADOPT BUILDING On page 1, in line 4, delete "AND"; and in line 6, following CODES, IN THEIR DISCRETION, SHALL ENFORCE ALL "CORRECTION" insert: "; AND DECLARING AN OR A PORTION OF THE PROVISIONS OF CHAPTER 41, EMERGENCY". TITLE 39, IDAHO CODE, THAT GOVERN APPLICATION BY LOCAL GOVERNMENTS; AMENDING". The committee also has H 474, S 1387, and S 1450 under consideration, reports progress, and begs leave to sit again. AMENDMENTS TO SECTION 13 On page 8 of the printed bill, delete lines 19 through 22 and SANDY, Chairman insert: "(4) The latest edition of the Uniform Mechanical Code, On motion by Senator Sandy, seconded by Senator Stennett, published by the International Conference of Building Officials;" the report was adopted by voice vote. in line 23, delete "(6)" and insert: "(5)"; and in line 25, delete "(7)" and insert: "(6)". H 597, as amended in the Senate, H 600, as amended in the Senate, H 586, as amended in the Senate, H 607, as amended, as SENATE AMENDMENT TO H 607, As Amended amended in the Senate, and H 552, as amended in the Senate, AMENDMENTS TO SECTION 5 were filed for first reading as amended, and the amendments On page 9 of the engrossed bill, in line 18, delete ":"; in line thereto were referred to the Judiciary and Rules Committee for 19, delete "(a) Tthe" and insert: "the"; in line 23, delete "; and"; printing. delete lines 24 through 26, and insert: "."; following line 27, insert: On request by Senator Risch, granted by unanimous consent, "(2) In the calculation of development impact fees for a the Senate returned to the Thirteenth Order of Business. particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer, within the Third Reading of Bills service area where the impact fee is being assessed and used by On request by Senator Risch, granted by unanimous consent, the governmental agency for system improvements of the all Senate bills were moved to the head of the Third Reading category for which the development impact fee is being collected. Calendar, followed by House bills amended in the Senate. If the amount of credit exceeds the proportionate share for the particular project, the developer shall receive a credit on future S 1480 was read the third time at length, section by section, impact fees for the amount in excess of the proportionate share. and placed before the Senate for final consideration. Senator The credit may be applied by the developer as an offset against Bunderson arose as sponsor of the bill and opened the debate. future impact fees only in the service area where the credit was The question being, “Shall the bill pass?” generated."; in line 28, delete "2" and insert: "23"; in line 35, following Roll call resulted as follows: "payer" delete the remainder of the line; delete lines 36 and 37; AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and in line 38, delete "impact fees"; and in line 39, delete "3" and Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, insert: "34". Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AMENDMENT TO THE BILL Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, On page 11 of the engrossed bill, following line 19, insert: Wheeler, Williams. Total - 33. "SECTION 9. This act shall be in full force and effect on and after July 1, 2002; provided however, that governmental NAYS--None. agencies using an alternative methodology under the provisions of Absent and excused--Richardson, Sims. Total - 2. section 67-8204(15)(b), Idaho Code, as said section existed immediately prior to the effective date of this act, shall have until Total - 35. March 31, 2003, to implement a capital improvement plan-based S 1480 impact fee program pursuant to section 67-8204, Idaho Code, as Whereupon the President declared passed, title was approved, and the bill ordered transmitted to the House. amended pursuant to this act.". S 1481 was read the third time at length, section by section, CORRECTION TO TITLE and placed before the Senate for final consideration. Senator On page 1, in line 12, delete "AND"; and in line 13, Hawkins arose as sponsor of the bill and opened the debate. The following "FEES" insert: "; AND PROVIDING AN question being, “Shall the bill pass?” EFFECTIVE DATE AND PROCEDURE TO GOVERN IMPLEMENTATION". Roll call resulted as follows: 192 SENATE JOURNAL March 7, 2002]

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Roll call showed all members present except Senators Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Andreason, Cameron, Darrington, Dunklin, Keough, King- Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Barrutia, Marley, Noh, Risch, Sandy, and Schroeder, absent and Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, excused. Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Prayer was offered by Chaplain C. Leon Johnson.

NAYS--None. The Senate advanced to the Third Order of Business.

Absent and excused--Sims. Total - 1. Reading and Correction of the Journal

Total - 35. Senators Keough and Marley were recorded present at this order of business. Whereupon the President declared S 1481 passed, title was approved, and the bill ordered transmitted to the House. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 6, 2002, was read and S 1482 was read the third time at length, section by section, approved as corrected. and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The DARRINGTON, Chairman question being, “Shall the bill pass?” There being no objection, the report was adopted and Roll call resulted as follows: ordered filed in the office of the Secretary of the Senate.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, On request by Senator Davis, granted by unanimous consent, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, the Senate advanced to the Fifth Order of Business. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Petitions, Resolutions, and Memorials Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Senators Cameron and Darrington were recorded present at this order of business. NAYS--None. SJM 113 Absent and excused--Sims. Total - 1. BY RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL Total - 35. TO THE PRESIDENT OF THE UNITED STATES, SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED Whereupon the President declared S 1482 passed, title was STATES IN CONGRESS ASSEMBLED, AND TO THE approved, and the bill ordered transmitted to the House. CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED On request by Senator Risch, granted by unanimous consent, STATES. the Senate advanced to the Fifteenth Order of Business. We, your Memorialists, the Senate and the House of Miscellaneous Business Representatives of the State of Idaho assembled in the Second Regular Session of the Fifty-sixth Idaho Legislature, do hereby On motion by Senator Risch, seconded by Senator Marley, respectfully represent that: by voice vote the Senate adjourned at 12 noon until the hour of 9:30 a.m., Thursday, March 7, 2002. WHEREAS, the Softwood Lumber Agreement entered into by the U.S. and Canada in 1996, expired in March 2001; and JACK RIGGS, President WHEREAS, the agreement was originally crafted based on the fact that the provinces of Canada, which own most Canadian Attest: JEANNINE WOOD, Secretary timber, sell timber at prices set below market value by the provincial governments; and WHEREAS, the Canadian governments unfairly subsidize ______timber sales to maintain full employment at the expense of U.S. softwood lumber producers; and WHEREAS, these practices have fueled shipments to the U.S. to the point that subsidized Canadian imports have reached SIXTIETH LEGISLATIVE DAY record levels and resulted in Canadian control over one-third of THURSDAY, MARCH 7, 2002 the U.S. softwood lumber market; and WHEREAS, subsidized Canadian lumber imports have gained sales volume from U.S. lumber companies, depressed Senate Chamber U.S. lumber prices, eliminated thousands of U.S. jobs, and further undermined the stability of already endangered timber President Riggs called the Senate to order at 9:30 a.m. communities; and [March 7, 2002 SENATE JOURNAL 193

WHEREAS, on April 2, 2001, the U.S. Coalition for Fair PURPOSES OF PARTICIPATING IN THE BOND BANK Lumber Imports, filed a petition seeking countervailing duties on AUTHORITY; STATING THE QUESTION TO BE Canadian softwood lumber imports, alleging unfairly subsidized SUBMITTED TO THE ELECTORATE; DIRECTING THE and dumped imports; and LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS WHEREAS, following initial investigation based on the REQUIRED BY LAW; AND DIRECTING THE SECRETARY petition, the U.S. Department of Commerce issued a preliminary OF STATE TO PUBLISH THE AMENDMENT AND ruling in August 2001, that Canada subsidizes softwood lumber, ARGUMENTS AS REQUIRED BY LAW. distorting the U.S. softwood lumber market, and injuring U.S. sawmills and their employees. As a result of this finding, the SJM 113 was introduced, read at length, and referred to the Department set a preliminary duty at 19.31 percent to offset Judiciary and Rules Committee for printing. unfair trade practices; and WHEREAS, in October 2001, the U.S. Department of SJR 105 was introduced, read the first time at length, and Commerce issued its preliminary determination in the referred to the Judiciary and Rules Committee for printing. antidumping investigation, finding that producers and exporters of softwood lumber from Canada have sold their product below The Senate advanced to the Sixth Order of Business. fair market value. As a result of this determination, the Department imposed an antidumping duty of 12.58 percent on Reports of Standing Committees Canadian softwood lumber imports; and WHEREAS, the U.S. Department of Commerce is due to Senators Noh, Risch, Schroeder, and Sorensen were complete its investigation into the allegations in mid to late March recorded present at this order of business. 2002. In the meantime, talks are proceeding between the U.S. and Canada in an attempt to reach a resolution; and March 7, 2002 WHEREAS, the U.S. lumber industry has repeatedly requested that Canadian provincial governments reform their The JUDICIARY AND RULES Committee reports that policies, such as their stumpage, tenure and pricing practices, to S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, permit true open competition; and S 1514, and S 1515 have been correctly printed. WHEREAS, these decisions should send a clear signal to Canada that unfair trade will not be tolerated and that the DARRINGTON, Chairman Canadian government must begin to implement necessary reform. S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, NOW, THEREFORE, BE IT RESOLVED, by the members S 1514, and S 1515 were referred to the Finance Committee. of the Second Regular Session of the Fifty-sixth Idaho Legislature, the Senate and the House of Representatives March 7, 2002 concurring therein, that we respectfully request that President Bush direct the Office of the U.S. Trade Representative and the The JUDICIARY AND RULES Committee reports that Secretary of Commerce to make the problem of subsidized Senate amendments to H 597, H 600, H 586, H 607, as amended, Canadian lumber imports a top priority and to take every possible and H 552 have been correctly printed. action to end Canadian lumber subsidy practices through open and DARRINGTON, Chairman competitive sales of timber and logs for fair market value. In the event Canada will not agree to end the subsidies immediately, the The report was ordered filed in the office of the Secretary of subsidies must be offset pending reform. If Canada will not reach the Senate. an agreement, we ask the U.S. government to continue to vigorously, promptly and fully enforce trade laws against March 6, 2002 subsidized and dumped imports, to explore all options to stop unfairly traded imports, to limit the injury to the U.S. industry The EDUCATION Committee reports out H 534 with the during the pendency of any further negotiations or actions, and to recommendation that it do pass. require payment of damages to U.S. companies injured as a result SCHROEDER, Chairman of unfair trade practices. BE IT FURTHER RESOLVED that the Secretary of the H 534 was filed for second reading. Senate be, and she is hereby authorized and directed to forward a copy of this Memorial to President George W. Bush, to the March 6, 2002 President of the Senate and the Speaker of the House of Representatives of Congress, and the congressional delegation The HEALTH AND WELFARE Committee reports out representing the State of Idaho in the Congress of the United H 394 and H 406 with the recommendation that they do pass. States. IPSEN, Chairman

SJR 105 H 394 and H 406 were filed for second reading. BY STATE AFFAIRS COMMITTEE A JOINT RESOLUTION March 6, 2002 PROPOSING AN AMENDMENT TO SECTION 2A, ARTICLE VIII, OF THE CONSTITUTION OF THE STATE OF IDAHO, The RESOURCES AND ENVIRONMENT Committee RELATING TO THE MUNICIPAL BOND BANK reports out HJM 18 and H 604 with the recommendation that AUTHORITY TO PROVIDE THAT A STATE UNIVERSITY, they do pass. STATE COLLEGE OR STATE PROFESSIONAL-TECHNICAL SCHOOL SHALL BE DEFINED AS A MUNICIPALITY FOR NOH, Chairman 194 SENATE JOURNAL March 7, 2002]

HJM 18 was referred to the Tenth Order of Business, H 653, H 482, H 494, H 651, H 572, as amended, H 574, Motions and Resolutions, and ordered held at the Secretary’s desk and H 681 were filed for second reading. for one legislative day. On request by Senator Risch, granted by unanimous consent, H 604 was filed for second reading. the Senate advanced to the Ninth Order of Business.

March 6, 2002 Messages from the House

The JUDICIARY AND RULES Committee reports out March 6, 2002 S 1495, S 1496, H 541, H 627, and H 628 with the recommendation that they do pass. Mr. President:

DARRINGTON, Chairman I transmit herewith H 587, H 702, H 679, HJM 20, H 565 as amended, as amended, H 726, H 620, as amended, H 640, as S 1495, S 1496, H 541, H 627, and H 628 were filed for amended, and HCR 49, as amended, and I return herewith second reading. S 1333, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, S 1286, SCR 124, S 1322, S 1340, and S 1369, which have March 7, 2002 passed the House.

The FINANCE Committee reports out S 1507, S 1508, JUKER, Chief Clerk S 1509, S 1510, S 1511, S 1512, S 1513, S 1514, and S 1515 H 587, H 702, H 679, HJM 20, H 565, as amended, as with the recommendation that they do pass. amended, H 726, H 620, as amended, H 640, as amended, and HCR 49, as amended, were filed for first reading. CAMERON, Chairman S 1333, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, S 1286, SCR 124, S 1322, S 1340, and S 1369 were referred to S 1514, and S 1515 were filed for second reading. the Judiciary and Rules Committee for enrolling.

March 7, 2002 March 6, 2002 Mr. President: The FINANCE Committee reports out H 700, H 701, H 705, H 706, H 708, H 709, H 710, H 711, H 712, H 713, I transmit herewith HJM 14, and I return herewith S 1383, H 714, H 715, H 716, H 719, H 720, H 721, H 722, and H 723 S 1362, S 1363, S 1329, S 1318, S 1276, as amended, S 1327, with the recommendation that they do pass. SCR 121, SCR 123, S 1288, as amended, S 1361, and S 1396, which have passed the House. CAMERON, Chairman JUKER, Chief Clerk H 700, H 701, H 705, H 706, H 708, H 709, H 710, HJM 14 was filed for first reading. H 711, H 712, H 713, H 714, H 715, H 716, H 719, H 720, H 721, H 722, and H 723 were filed for second reading. S 1383, S 1362, S 1363, S 1329, S 1318, S 1276, as amended, S 1327, SCR 121, SCR 123, S 1288, as amended, S 1361, and S 1396 were referred to the Judiciary and Rules March 6, 2002 Committee for enrolling.

The STATE AFFAIRS Committee reports out H 588, March 6, 2002 HCR 53, H 662, HCR 50, and H 648 with the recommendation that they do pass. Mr. President:

SORENSEN, Chairman I return herewith Enrolled S 1456, S 1457, S 1464, S 1465, S 1466, and S 1471 which have been signed by the Speaker. H 588, H 662, and H 648 were filed for second reading. JUKER, Chief Clerk HCR 53 and HCR 50 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Enrolled S 1456, S 1457, S 1464, S 1465, S 1466, and Secretary’s desk for one legislative day. S 1471 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. March 7, 2002 March 6, 2002 The LOCAL GOVERNMENT AND TAXATION Committee reports out H 653, H 482, H 494, H 651, H 572, as Mr. President: amended, H 574, and H 681 with the recommendation that they do pass. I return herewith S 1304 which has failed to pass the House.

THORNE, Chairman JUKER, Chief Clerk [March 7, 2002 SENATE JOURNAL 195

S 1304 was ordered filed in the office of the Secretary of the H 552, as amended in the Senate, by Health and Welfare Senate. Committee, was read the first time at length and filed for second reading. March 6, 2002 H 587 and H 565, as amended, as amended, by Resources Mr. President: and Conservation Committee, were introduced, read the first time at length, and referred to the Resources and Environment I transmit herewith Enrolled HCR 54 and H 480 for the Committee. signature of the President. H 702, by Ways and Means Committee, was introduced, JUKER, Chief Clerk read the first time at length, and referred to the Health and Welfare Committee. The President signed Enrolled HCR 54 and H 480 and ordered them returned to the House. H 679, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local On request by Senator Risch, granted by unanimous consent, Government and Taxation Committee. the Senate advanced to the Tenth Order of Business. HJM 20, by State Affairs Committee, was introduced, read Motions and Resolutions at length, and referred to the Resources and Environment Committee. The President announced the Transportation Committee report relative to the Gubernatorial appointment of William H 726, by Agricultural Affairs Committee, was introduced, Parish was before the Senate for final consideration, the question read the first time at length, and referred to the Agricultural being, “Shall the report be adopted?” Affairs Committee.

On motion by Senator Boatright, seconded by Senator H 620, as amended, by Judiciary, Rules, and Administration Marley, the Gubernatorial appointment of William Parish as a Committee, was introduced, read the first time at length, and member of the Idaho Aeronautics Advisory Board was confirmed referred to the Judiciary and Rules Committee. by voice vote. H 640, as amended, by Health and Welfare Committee, was The President declared the report adopted and directed the introduced, read the first time at length, and referred to the Secretary of the Senate to prepare a letter of the Gubernatorial Health and Welfare Committee. appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the HCR 49, as amended, by Resources and Conservation action of the Senate. Committee, was introduced, read at length, and referred to the Resources and Environment Committee. The Senate advanced to the Eleventh Order of Business. HJM 14, by Bieter, was introduced, read at length, and Introduction, First Reading, and Reference of Bills, referred to the State Affairs Committee. House Petitions, Resolutions, and Memorials The Senate advanced to the Twelfth Order of Business. Senators Andreason, Dunklin, and Sandy were recorded present at this order of business. Second Reading of Bills

S 1516 H 691, H 692, H 693, H 694, H 695, H 696, H 697, BY STATE AFFAIRS COMMITTEE H 698, and H 699, by Appropriations Committee, were read the AN ACT second time at length and filed for third reading. RELATING TO THE IDAHO BOND BANK AUTHORITY; AMENDING SECTION 67-8702, IDAHO CODE, TO FURTHER S 1485, by Judiciary and Rules Committee, was read the DEFINE THE TERM "MUNICIPALITY"; AND PROVIDING second time at length and filed for third reading. AN EFFECTIVE DATE. H 671, by Education Committee, was read the second time S 1516 was introduced, read the first time at length, and at length and filed for third reading. referred to the Judiciary and Rules Committee for printing.

H 597, as amended in the Senate, and H 600, as amended in H 550 and H 608, as amended, by Transportation and the Senate, by Judiciary, Rules, and Administration Committee, Defense Committee, were read the second time at length and filed were read the first time at length and filed for second reading. for third reading. H 586, as amended in the Senate, by Business Committee, was read the first time at length and filed for second reading. H 504, by Business Committee, was read the second time at length and filed for third reading, Consent Calendar. H 607, as amended, as amended in the Senate, by Revenue and Taxation Committee, was read the first time at length and H 485 and H 484, by Business Committee, were read the filed for second reading. second time at length and filed for third reading. 196 SENATE JOURNAL March 7, 2002]

S 1500, S 1501, S 1502, S 1503, and S 1504, by Finance AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Committee, were read the second time at length and filed for Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, third reading. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, H 522, H 644, and H 645, by Agricultural Affairs Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Committee, were read the second time at length and filed for Williams. Total - 33. third reading. NAYS--Davis. Total - 1. The Senate advanced to the Thirteenth Order of Business. Absent and excused--King-Barrutia. Total - 1. Third Reading of Bills Total - 35. S 1486 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1444 passed, title was Marley arose as sponsor of the bill and opened the debate. The approved, and the bill ordered transmitted to the House. question being, “Shall the bill pass?” On request by Senator Sandy, granted by unanimous consent, Roll call resulted as follows: SJR 104 retained its place on the Third Reading Calendar for one legislative day. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Senator King-Barrutia was recorded present at this order of Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, business. Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, S 1477 was read the third time at length, section by section, Williams. Total - 33. and placed before the Senate for final consideration. Senator Stennett arose as sponsor of the bill and opened the debate. The NAYS--Hawkins. Total - 1. question being, “Shall the bill pass?”

Absent and excused--King-Barrutia. Total - 1. Call of the Senate was requested by Senators Risch, Davis, and Stennett. Total - 35. Whereupon the President ordered the doorkeepers to lock the Whereupon the President declared S 1486 passed, title was doors permitting no Senator to leave the Senate Chamber. The Sergeant at Arms was instructed to find and present any absent approved, and the bill ordered transmitted to the House. members to the Senate.

S 1439 was read the third time at length, section by section, Roll call showed all members present. and placed before the Senate for final consideration. Senator Frasure arose as sponsor of the bill and opened the debate. The On request by Senator Risch, granted by unanimous consent, question being, “Shall the bill pass?” the Call was lifted.

Roll call resulted as follows: The question being, “Shall S 1477 pass?” Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Total - 32. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--Burtenshaw, Cameron. Total - 2. Whereupon the President declared S 1477 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused--King-Barrutia. Total - 1. S 1487 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and opened the debate. Whereupon the President declared S 1439 passed, title was The question being, “Shall the bill pass?” approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1444 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Ingram arose as sponsor of the bill and opened the debate. The Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, question being, “Shall the bill pass?” Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Thorne. Roll call resulted as follows: Total - 25. [March 7, 2002 SENATE JOURNAL 197

NAYS--Dunklin, Frasure, Hawkins, King-Barrutia, Marley, Whereupon the President declared S 1462, as amended, Schroeder, Stegner, Stennett, Wheeler. Total - 9. passed, title was approved, and the bill ordered transmitted to the House. Absent and excused--Williams. Total - 1. S 1499 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Schroeder arose as sponsor of the bill and opened the debate. Whereupon the President declared S 1487 passed, title was The question being, “Shall the bill pass?” approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1302, as amended, was read the third time at length, section by section, and placed before the Senate for final AYES--Andreason, Bartlett (Branch), Boatright, Brandt, consideration. Senator Schroeder arose as sponsor of the bill and Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, opened the debate. The question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Roll call resulted as follows: Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the President declared S 1499 passed, title was Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, approved, and the bill ordered transmitted to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, S 1374 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1302, as amended, question being, “Shall the bill pass?” passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows:

On request by Senator Deide, granted by unanimous consent, AYES--Andreason, Boatright, Burtenshaw, Cameron, SJR 103, as amended, retained its place on the Third Reading Deide, Frasure, Goedde, Hawkins, Keough, King-Barrutia, Calendar for one legislative day. Little, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner. Total - 17. S 1443, as amended, was read the third time at length, section by section, and placed before the Senate for final NAYS--Brandt, Bunderson, Darrington, Davis, Dunklin, consideration. Senator Ingram arose as sponsor of the bill and Geddes, Hill, Ingram, Ipsen, Lodge, Marley, Richardson, opened the debate. The question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 16.

Roll call resulted as follows: Absent and excused--Bartlett (Branch), Noh. Total - 2.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Whereupon the President declared S 1374 passed, title was Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, approved, and the bill ordered transmitted to the House. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. S 1488 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1443, as amended, Hawkins arose as sponsor of the bill and opened the debate. The passed, title was approved, and the bill ordered transmitted to the question being, “Shall the bill pass?” House. Roll call resulted as follows: S 1462, as amended, was read the third time at length, section by section, and placed before the Senate for final AYES--Andreason, Bartlett (Branch), Boatright, Brandt, consideration. Senator King-Barrutia arose as sponsor of the bill Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and opened the debate. The question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President declared S 1488 passed, title was Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, approved, and the bill ordered transmitted to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, S 1489 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson arose as sponsor of the bill and opened the debate. Stennett, Thorne, Wheeler, Williams. Total - 35. The question being, “Shall the bill pass?” 198 SENATE JOURNAL March 7, 2002]

Roll call resulted as follows: RECESS AFTERNOON SESSION AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The Senate reconvened at 4 p.m., pursuant to recess, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, President Riggs presiding. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call showed all members present except Senators Stennett, Thorne, Wheeler, Williams. Total - 35. Andreason, Davis, Goedde, Hawkins, Lodge, Noh, Schroeder, and Stennett, absent and excused. Whereupon the President declared S 1489 passed, title was approved, and the bill ordered transmitted to the House. Prior to recess the Senate was at the Thirteenth Order of Business, Third Reading of Bills. S 1490 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Senators Andreason, Noh, Schroeder, and Stennett were Boatright arose as sponsor of the bill and opened the debate. The recorded present at this order of business. question being, “Shall the bill pass?” S 1491 was read the third time at length, section by section, Moved by Senator Schroeder, seconded by Senator Stennett, and placed before the Senate for final consideration. Senator that S 1490 be referred to the Fourteenth Order of Business for Richardson arose as sponsor of the bill and opened the debate. amendment. The question being, “Shall the motion prevail?” The question being, “Shall the bill pass?”

Roll call vote was requested by Senators Stennett, Dunklin, Roll call resulted as follows: and Marley. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Roll call resulted as follows: Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, AYES--Dunklin, Marley, Schroeder, Stennett. Total - 4. Little, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. NAYS--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 31. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, NAYS--None. Keough, King-Barrutia, Little, Lodge, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Absent and excused--Davis, Goedde, Hawkins, Lodge. Total - 30. Total - 4.

Absent and excused--Noh. Total - 1. Total - 35.

Total - 35. Whereupon the President declared S 1491 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared that the motion to refer S 1490 to the Fourteenth Order of Business for amendment did S 1492 was read the third time at length, section by section, not prevail. and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall S 1490 pass?” The question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Deide, Geddes, Goedde, Hill, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Frasure, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, Wheeler, Williams. Total - 26. Little, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. NAYS--Darrington, Davis, Dunklin, Frasure, Hawkins, Total - 31. Marley, Schroeder, Stennett. Total - 8. NAYS--Hawkins. Total - 1. Absent and excused--Noh. Total - 1. Absent and excused--Davis, Goedde, Lodge. Total - 3. Total - 35. Total - 35. Whereupon the President declared S 1490 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1492 passed, title was approved, and the bill ordered transmitted to the House. On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate recessed at 12:20 p.m. until the hour of Senators Davis and Lodge were recorded present at this 4 p.m. of this day. order of business. [March 8, 2002 SENATE JOURNAL 199

S 1493 was read the third time at length, section by section, Whereupon the President declared S 1390, as amended, as and placed before the Senate for final consideration. Senator amended, passed, title was approved, and the bill ordered Ingram arose as sponsor of the bill and opened the debate. The transmitted to the House. question being, “Shall the bill pass?” S 1394, as amended, was read the third time at length, Roll call resulted as follows: section by section, and placed before the Senate for final consideration. Senator Stennett arose as sponsor of the bill and AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, opened the debate. The question being, “Shall the bill pass?” Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hill, Ingram, Ipsen, Keough, King-Barrutia, Roll call resulted as follows: Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 30. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Darrington, Davis, Deide, Ipsen, NAYS--Schroeder, Stennett. Total - 2. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler. Absent and excused--Andreason, Goedde, Hawkins. Total - 24. Total - 3. NAYS--Cameron, Frasure, Geddes, Hawkins, Hill, Ingram, Total - 35. Richardson, Sims, Williams. Total - 9.

Whereupon the President declared S 1493 passed, title was Absent and excused--Dunklin, Goedde. Total - 2. approved, and the bill ordered transmitted to the House. Total - 35. S 1494 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1394, as amended, Keough arose as sponsor of the bill and opened the debate. The passed, title was approved, and the bill ordered transmitted to the question being, “Shall the bill pass?” House.

Roll call resulted as follows: On request by Senator Ipsen, granted by unanimous consent, S 1472, as amended, was referred to the Fourteenth Order of AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Business, General Calendar. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Hill, Ingram, Ipsen, On request by Senator Risch, granted by unanimous consent, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, H 683 was placed at the head of the Third Reading Calendar, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, followed by all Senate bills and all House bills amended in the Wheeler, Williams. Total - 33. Senate.

NAYS--Schroeder. Total - 1. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Absent and excused--Goedde. Total - 1. Miscellaneous Business Total - 35. On motion by Senator Risch, seconded by Senator Stennett, Whereupon the President declared S 1494 passed, title was by voice vote the Senate adjourned at 5:15 p.m. until the hour of approved, and the bill ordered transmitted to the House. 9:30 a.m., Friday, March 8, 2002. S 1390, as amended, as amended, was read the third time at JACK RIGGS, President length, section by section, and placed before the Senate for final consideration. Senators Bunderson and Andreason arose as co- sponsors of the bill and opened the debate. The question being, Attest: JEANNINE WOOD, Secretary “Shall the bill pass?”

Roll call resulted as follows: ______AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, SIXTY-FIRST LEGISLATIVE DAY Wheeler, Williams. Total - 33. FRIDAY, MARCH 8, 2002

NAYS--None.

Senate Chamber Absent and excused--Goedde, Keough. Total - 2.

Total - 35. President Riggs called the Senate to order at 9:30 a.m. 200 SENATE JOURNAL March 8, 2002]

Roll call showed all members present except Senators March 7, 2002 Goedde, Noh, Richardson, Sandy, Schroeder, Thorne, Wheeler, and Williams, absent and excused. The JUDICIARY AND RULES Committee reports that Enrolled S 1456, S 1457, S 1464, S 1465, S 1466, and S 1471 Prayer was offered by Chaplain C. Leon Johnson. were delivered to the Office of the Governor at 2:43 p.m., March 7, 2002. The Senate advanced to the Third Order of Business. DARRINGTON, Chairman Reading and Correction of the Journal The report was ordered filed in the office of the Secretary of Senators Goedde, Noh, Schroeder, Thorne, Wheeler, and the Senate. Williams were recorded present at this order of business. March 7, 2002 The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 7, 2002, was read and The EDUCATION Committee reports out H 535 and H 543 approved as corrected. with the recommendation that they do pass.

DARRINGTON, Chairman SCHROEDER, Chairman

There being no objection, the report was adopted and H 535 and H 543 were filed for second reading. ordered filed in the office of the Secretary of the Senate. March 8, 2002 On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. The STATE AFFAIRS Committee reports out S 1516 and SJR 105 with the recommendation that they do pass. Reports of Standing Committees

SORENSEN, Chairman Senator Sandy was recorded present at this order of business.

S 1516 and SJR 105 were filed for second reading. March 8, 2002

March 7, 2002 The JUDICIARY AND RULES Committee reports that S 1516, SJR 105, and SJM 113 have been correctly printed. The HEALTH AND WELFARE Committee reports out H 553 and H 595 with the recommendation that they do pass. DARRINGTON, Chairman

IPSEN, Chairman S 1516 and SJR 105 were referred to the State Affairs Committee. H 553 and H 595 were filed for second reading. SJM 113 was referred to the Tenth Order of Business, March 7, 2002 Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. The AGRICULTURAL AFFAIRS Committee reports out H 555, as amended, H 523, as amended, as amended, and H 726 March 7, 2002 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that WILLIAMS, Chairman S 1276, as amended, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, S 1286, S 1288, as amended, S 1318, S 1322, S 1327, H 555, as amended, H 523, as amended, as amended, and S 1329, S 1333, S 1340, S 1361, S 1362, S 1363, S 1369, H 726 were filed for second reading. S 1383, S 1396, SCR 121, SCR 123, and SCR 124 have been correctly enrolled. March 7, 2002 DARRINGTON, Chairman The TRANSPORTATION Committee reports out H 477, H 643, as amended, and H 665 with the recommendation that The President signed Enrolled S 1276, as amended, S 1279, they do pass. S 1281, S 1282, S 1283, S 1284, S 1285, S 1286, S 1288, as amended, S 1318, S 1322, S 1327, S 1329, S 1333, S 1340, FRASURE, Chairman S 1361, S 1362, S 1363, S 1369, S 1383, S 1396, SCR 121, SCR 123, and SCR 124 and ordered them transmitted to the H 477, H 643, as amended, and H 665 were filed for House for the signature of the Speaker. second reading. [March 8, 2002 SENATE JOURNAL 201

March 7, 2002 On motion by Senator Brandt, seconded by Senator Stennett, HJM 18 was adopted by voice vote, title was approved, and the The COMMERCE AND HUMAN RESOURCES memorial ordered returned to the House. Committee reports out S 1506, H 589, and H 634, as amended, The President announced that HCR 53 was before the Senate with the recommendation that they do pass. for final consideration, the question being, “Shall the resolution be adopted?” ANDREASON, Chairman On motion by Senator Risch, seconded by Senator Stennett, S 1506, H 589, and H 634, as amended, were filed for HCR 53 was adopted by voice vote, title was approved, and the second reading. resolution ordered returned to the House.

March 7, 2002 The President announced that HCR 50 was before the Senate for final consideration, the question being, “Shall the resolution be adopted?” The COMMERCE AND HUMAN RESOURCES Committee reports out H 585 with the recommendation that it be Moved by Senator King-Barrutia, seconded by Senator referred to the Fourteenth Order of Business for amendment. Davis, that HCR 50 be adopted. The question being, “Shall the resolution be adopted?” ANDREASON, Chairman Roll call vote was requested by Senators Darrington, There being no objection, H 585 was referred to the Ingram, and Stennett. Fourteenth Order of Business, General Calendar. Roll call resulted as follows:

On request by Senator Risch, granted by unanimous consent, AYES--Davis, Deide, Frasure, Keough, King-Barrutia, the Senate advanced to the Ninth Order of Business. Little, Risch, Sandy, Schroeder, Sorensen, Stegner. Total - 11.

Messages from the House NAYS--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Dunklin, Geddes, March 7, 2002 Goedde, Hawkins, Hill, Ingram, Ipsen, Lodge, Marley, Noh, Sims, Stennett, Thorne, Wheeler, Williams. Total - 23.

Mr. President: Absent and excused--Richardson. Total - 1.

I transmit herewith H 684, H 688, H 652, and HCR 60, and Total - 35. I return herewith S 1480, S 1481, S 1482, and S 1357, which have passed the House. Whereupon the President declared that the Senate had failed to adopt HCR 50 and ordered the resolution returned to the JUKER, Chief Clerk House. The Senate advanced to the Eleventh Order of Business. H 684, H 688, H 652, and HCR 60 were filed for first reading. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials S 1480, S 1481, S 1482, and S 1357 were referred to the Judiciary and Rules Committee for enrolling. S 1517 BY FINANCE COMMITTEE March 7, 2002 AN ACT RELATING TO THE STATE BUDGET FOR FISCAL YEAR Mr. President: 2003; STATING FINDINGS OF THE LEGISLATURE REGARDING THE FINANCIAL SITUATION FOR FISCAL I transmit herewith Enrolled HJM 16, H 486, as amended YEAR 2003; TRANSFERRING MONEYS FROM THE in the Senate, H 420, as amended, as amended in the Senate, BUDGET STABILIZATION FUND TO THE GENERAL FUND; HJM 17, HCR 48, and HJM 15 for the signature of the TRANSFERRING MONEYS FROM THE PERMANENT President. BUILDING FUND TO THE GENERAL FUND; DIRECTING THE STATE TREASURER TO DEPOSIT CERTAIN TOBACCO JUKER, Chief Clerk SETTLEMENT MONEYS INTO THE GENERAL FUND; AND TRANSFERRING MONEYS FROM THE CAPITOL The President signed Enrolled HJM 16, H 486, as amended ENDOWMENT INCOME FUND TO THE GENERAL FUND. in the Senate, H 420, as amended, as amended in the Senate, HJM 17, HCR 48, and HJM 15 and ordered them returned to S 1518 the House. BY FINANCE COMMITTEE The Senate advanced to the Tenth Order of Business. AN ACT APPROPRIATING MONEYS TO THE LEGISLATIVE Motions and Resolutions ACCOUNT FROM THE STATE LOTTERY FUND FOR RETAINING A CONSULTANT TO STUDY AND REPORT TO The President announced that HJM 18 was before the Senate THE LEGISLATURE ON THE ECONOMIC AND SOCIAL for final consideration, the question being, “Shall the memorial EFFECTS OF GAMBLING AND GAMING; AND DECLARING be adopted?” AN EMERGENCY. 202 SENATE JOURNAL March 8, 2002]

S 1517 and S 1518 were introduced, read the first time at H 597, as amended in the Senate, and H 600, as amended in length, and referred to the Judiciary and Rules Committee for the Senate, by Judiciary, Rules, and Administration Committee, printing. were read the second time at length and filed for third reading.

H 684, H 688, and H 652, by Revenue and Taxation H 586, as amended in the Senate, by Business Committee, Committee, were introduced, read the first time at length, and was read the second time at length and filed for third reading. referred to the Local Government and Taxation Committee. H 607, as amended, as amended in the Senate, by Revenue HCR 60, by Appropriations Committee, was introduced, and Taxation Committee, was read the second time at length and read at length, and referred to the State Affairs Committee. filed for third reading.

The Senate advanced to the Twelfth Order of Business. H 552, as amended in the Senate, by Health and Welfare Committee, was read the second time at length and filed for third Second Reading of Bills reading.

Senator Richardson was recorded present at this order of The Senate advanced to the Thirteenth Order of Business. business. Third Reading of Bills H 534, by Education Committee, was read the second time at length and filed for third reading. The President called President Pro Tempore Geddes to the Chair. H 394 and H 406, by Mr. Speaker, were read the second time at length and filed for third reading. H 683 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 604, by Resources and Conservation Committee, was read Deide arose as sponsor of the bill and opened the debate. The the second time at length and filed for third reading. question being, “Shall the bill pass?”

S 1495 and S 1496, by Judiciary and Rules Committee, were Roll call resulted as follows: read the second time at length and filed for third reading. AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, H 541, H 627, and H 628, by Judiciary, Rules, and Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, Administration Committee, were read the second time at length Goedde, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, and filed for third reading. Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 26. S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513,

S 1514, and S 1515, by Finance Committee, were read the second NAYS--Andreason, Dunklin, Frasure, Hawkins, Hill, time at length and filed for third reading. King-Barrutia, Marley, Schroeder, Stennett. Total - 9.

H 700, H 701, H 705, H 706, H 708, H 709, H 710, Total - 35. H 711, H 712, H 713, H 714, H 715, H 716, H 719, H 720, H 721, H 722, and H 723, by Appropriations Committee, were Whereupon the President Pro Tempore declared H 683 read the second time at length and filed for third reading. passed, title was approved, and the bill ordered returned to the House. H 588, by Business Committee, was read the second time at length and filed for third reading. On request by Senator Risch, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading H 662 and H 648, by State Affairs Committee, were read Calendar. the second time at length and filed for third reading. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. H 653, H 482, H 494, and H 651, by Revenue and Taxation Committee, were read the second time at length and filed for Miscellaneous Business third reading. On motion by Senator Risch, seconded by Senator Stennett, H 572, as amended, and H 574, by Local Government by voice vote the Senate adjourned at 12:25 p.m. until the hour Committee, were read the second time at length and filed for of 9 a.m., Monday, March 11, 2002. third reading. JACK RIGGS, President H 681, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. Attest: JEANNINE WOOD, Secretary [March 11, 2002 SENATE JOURNAL 203

______H 657 and H 570, as amended, were filed for second reading.

HCR 57 was referred to the Tenth Order of Business, SIXTY-FOURTH LEGISLATIVE DAY Motions and Resolutions, and ordered held at the Secretary’s desk MONDAY, MARCH 11, 2002 for one legislative day.

March 8, 2002 Senate Chamber The COMMERCE AND HUMAN RESOURCES President Riggs called the Senate to order at 9 a.m. Committee reports out H 590, as amended, with the recommendation that it do pass. Roll call showed all members present except Senators Andreason, Cameron, Deide, Goedde, Hill, Noh, Schroeder, ANDREASON, Chairman Sims, Stegner, Stennett, Thorne, and Williams, absent and excused. H 590, as amended, was filed for second reading.

Prayer was offered by Chaplain C. Leon Johnson. March 8, 2002

The Senate advanced to the Third Order of Business. The COMMERCE AND HUMAN RESOURCES Committee reports out H 584 and H 592 with the Reading and Correction of the Journal recommendation that they do pass, and with the recommendation that they be placed on the Consent Calendar. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 8, 2002, was read and ANDREASON, Chairman approved as corrected. H 584 and H 592 were filed for second reading. DARRINGTON, Chairman March 8, 2002 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The HEALTH AND WELFARE Committee reports out H 393, H 395, H 557, H 577, and H 579, as amended, with the On request by Senator Risch, granted by unanimous consent, recommendation that they do pass. the Senate advanced to the Sixth Order of Business. IPSEN, Chairman Reports of Standing Committees H 393, H 395, H 557, H 577, and H 579, as amended, Senators Andreason, Cameron, Goedde, Hill, Noh, were filed for second reading. Schroeder, Sims, Stegner, Stennett, Thorne, and Williams were recorded present at this order of business. March 8, 2002

March 11, 2002 The JUDICIARY AND RULES Committee reports out H 620, as amended, and H 623 with the recommendation that The JUDICIARY AND RULES Committee reports that they do pass. S 1517 and S 1518 have been correctly printed. DARRINGTON, Chairman DARRINGTON, Chairman H 620, as amended, and H 623 were filed for second S 1517 and S 1518 were referred to the Finance Committee. reading.

March 8, 2002 March 8, 2002

The JUDICIARY AND RULES Committee reports that The JUDICIARY AND RULES Committee reports out S 1357, S 1480, S 1481, and S 1482 have been correctly enrolled. H 500 and H 502 with the recommendation that they do pass, and with the recommendation that they be placed on the Consent DARRINGTON, Chairman Calendar.

The President signed Enrolled S 1357, S 1480, S 1481, and DARRINGTON, Chairman S 1482 and ordered them transmitted to the House for the signature of the Speaker. H 500 and H 502 were filed for second reading.

March 8, 2002 March 8, 2002 The COMMERCE AND HUMAN RESOURCES The EDUCATION Committee reports out H 657, H 570, Committee reports out H 599, as amended, with the as amended, and HCR 57 with the recommendation that they do recommendation that it do pass, and with the recommendation pass. that it be placed on the Consent Calendar.

SCHROEDER, Chairman ANDREASON, Chairman 204 SENATE JOURNAL March 11, 2002]

H 599, as amended, was filed for second reading. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. March 11, 2002 Messages from the House The FINANCE Committee reports out S 1517 and S 1518 with the recommendation that they do pass. March 8, 2002

CAMERON, Chairman Mr. President:

S 1517 and S 1518 were filed for second reading. I transmit herewith H 529, as amended, H 724, H 685, as amended, and H 731, as amended, and I return herewith S 1479, March 8, 2002 S 1400, S 1289, as amended, S 1382, as amended, S 1417, S 1358, S 1424, S 1375, S 1356, as amended, as amended, The RESOURCES AND ENVIRONMENT Committee SCR 120, S 1294, S 1384, S 1380, S 1336, as amended, S 1422, reports out H 566 with the recommendation that it be referred to S 1460, S 1342, S 1324, S 1341, SJM 112, S 1406, S 1378, the Fourteenth Order of Business for amendment. S 1461, S 1411, S 1414, S 1389, as amended, SCR 132, SCR 130, and S 1412, which have passed the House. NOH, Chairman JUKER, Chief Clerk There being no objection, H 566 was referred to the Fourteenth Order of Business, General Calendar. H 529, as amended, H 724, H 685, as amended, and H 731, as amended, were filed for first reading. March 8, 2002 S 1479, S 1400, S 1289, as amended, S 1382, as amended, The LOCAL GOVERNMENT AND TAXATION S 1417, S 1358, S 1424, S 1375, S 1356, as amended, as Committee reports out H 680, H 581, as amended, H 487, as amended, SCR 120, S 1294, S 1384, S 1380, S 1336, as amended, H 663, and H 679 with the recommendation that they amended, S 1422, S 1460, S 1342, S 1324, S 1341, SJM 112, do pass. S 1406, S 1378, S 1461, S 1411, S 1414, S 1389, as amended, SCR 132, SCR 130, and S 1412 were referred to the Judiciary THORNE, Chairman and Rules Committee for enrolling.

H 680, H 581, as amended, H 487, as amended, H 663, March 8, 2002 and H 679 were filed for second reading. Mr. President: March 8, 2002 I transmit herewith S 1278, as amended in the House, and The STATE AFFAIRS Committee reports out H 678, as S 1379, as amended in the House, which have passed the House. amended, HJM 19, HCR 56, H 668, H 669, and H 707 with the recommendation that they do pass. JUKER, Chief Clerk

SORENSEN, Chairman On request by Senator Darrington, granted by unanimous consent, S 1278, as amended in the House, was referred to the H 678, as amended, H 668, H 669, and H 707 were filed for Tenth Order of Business, Motions and Resolution, for second reading. consideration as to possible concurrence in the House amendments. HJM 19 and HCR 56 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the On request by Senator Stennett, granted by unanimous Secretary’s desk for one legislative day. consent, S 1379, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolution, for March 8, 2002 consideration as to possible concurrence in the House amendments. The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointment listed below and the The Senate advanced to the Tenth Order of Business. Committee recommends that said appointment be confirmed by the Senate: Motions and Resolutions

Carolyn Hunt to the Idaho State Racing Commission, term The President announced that SJM 113 was before the to expire January 1, 2007. Senate for final consideration, the question being, “Shall the SORENSEN, Chairman memorial be adopted?”

The Gubernatorial appointment was referred to the Tenth On motion by Senator Brandt, seconded by Senator Keough, Order of Business, Motions and Resolutions, and ordered held at SJM 113 was adopted by voice vote, title was approved, and the the Secretary’s desk for one legislative day. memorial ordered transmitted to the House. [March 11, 2002 SENATE JOURNAL 205

The President announced that the House amendments to DETERMINATION PROCEEDING OF A CLAIMED S 1278, as amended in the House, and S 1379, as amended in the FEDERALLY-GRANTED RIGHT-OF-WAY, TO CLARIFY THE House, were before the Senate for consideration as to possible METHOD TO RELINQUISH SUCH RIGHTS-OF-WAY AND concurrence. The question being, “Shall the Senate concur in the TO PROVIDE THE EFFECT OF SUCH RELINQUISHMENT, House amendments to S 1278, as amended in the House, and TO PROVIDE A PROCEDURE BY WHICH A BOARD OF S 1379, as amended in the House?” COUNTY COMMISSIONERS SHALL DETERMINE AND REGULATE A FEDERALLY-GRANTED RIGHT-OF-WAY, TO On request by Senator Darrington, granted by unanimous PROVIDE FOR JUDICIAL REVIEW OF A DETERMINATION consent, the Senate concurred by voice vote in the House BY A BOARD OF COUNTY COMMISSIONERS, TO PROVIDE amendments to S 1278, as amended in the House. FOR MANAGEMENT OF A FEDERALLY-GRANTED RIGHT-OF-WAY ON STATE ENDOWMENT LANDS, TO On request by Senator Stennett, granted by unanimous DELETE REDUNDANT LANGUAGE, TO CLARIFY THAT consent, the Senate concurred by voice vote in the House FEDERAL OWNERSHIP OF THE SURFACE ESTATE OF PROPERTY OVER WHICH A RIGHT-OF-WAY PASSES IS amendments to S 1379, as amended in the House. NOT AFFECTED BY THE RIGHT-OF-WAY, TO PRECLUDE RETROACTIVE APPLICATION AND TO MAKE TECHNICAL S 1278, as amended in the House, and S 1379, as amended CORRECTIONS; AMENDING SECTION 40-208, IDAHO in the House, were referred to the Judiciary and Rules Committee CODE, TO PROVIDE THAT THE DECISION OF A BOARD OF for engrossing. COUNTY COMMISSIONERS REGARDING THE DETERMINATION OF A FEDERALLY-GRANTED The Senate advanced to the Eleventh Order of Business. RIGHT-OF-WAY PURSUANT TO SECTION 40-204A, IDAHO CODE, IS SUBJECT TO JUDICIAL REVIEW AS PROVIDED Introduction, First Reading, and Reference of Bills, THEREIN, TO REVISE P ROVISIONS RELATING TO House Petitions, Resolutions, and Memorials JUDICIAL REVIEW AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. S 1519 BY JUDICIARY AND RULES COMMITTEE S 1519 and S 1520 were introduced, read the first time at AN ACT length, and referred to the Judiciary and Rules Committee for RELATING TO CRIMINAL PROCEDURE AND HUMAN printing. EMBRYOS OR FETUSES; AMENDING SECTION 18-4016, IDAHO CODE, AS ADDED BY SECTION 3, SENATE BILL H 529, as amended, by Agricultural Affairs Committee, was NO. 1344, ENACTED BY THE SECOND REGULAR SESSION introduced, read the first time at length, and referred to the OF THE FIFTY-SIXTH IDAHO LEGISLATURE, TO PROHIBIT Agricultural Affairs Committee. THE PROSECUTION OF CERTAIN PERSONS ARISING FROM THE KILLING OF AN EMBRYO OR FETUS; AND H 724, by Revenue and Taxation Committee, was AMENDING SECTION 18-907, IDAHO CODE, AS AMENDED introduced, read the first time at length, and referred to the Local BY SECTION 4, SENATE BILL NO. 1344, ENACTED BY THE SECOND REGULAR SESSION OF THE FIFTY-SIXTH IDAHO Government and Taxation Committee. LEGISLATURE, TO CLARIFY WHEN THE PROSECUTION OF CERTAIN PERSONS IS PROHIBITED. H 685, as amended, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the S 1520 Resources and Environment Committee. BY STATE AFFAIRS COMMITTEE AN ACT H 731, as amended, by State Affairs Committee, was RELATING TO ROADS; AMENDING SECTION 40-107, introduced, read the first time at length, and referred to the State IDAHO CODE, TO REVISE THE DEFINITION OF FEDERAL Affairs Committee. LAND RIGHTS-OF-WAY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 40-117, IDAHO The Senate advanced to the Twelfth Order of Business. CODE, TO PROVIDE PROPER TERMINOLOGY AND USE OF THE TERM; AMENDING SECTION 40-203, IDAHO CODE, TO Second Reading of Bills PROVIDE PROPER TERMINOLOGY, TO PROVIDE FOR RECORDING ACKNOWLEDGMENTS OF FEDERALLY- H 535 and H 543, by Education Committee, were read the GRANTED RIGHTS-OF-WAY AND TO MAKE A TECHNICAL second time at length and filed for third reading. CORRECTION; AMENDING SECTION 40-203A, IDAHO CODE, TO PROVIDE THAT ANY FEDERALLY-GRANTED SJR 105 and S 1516, by State Affairs Committee, were read RIGHT-OF-WAY IS EXCEPTED FROM THE PROVISIONS OF the second time at length and filed for third reading. THIS SECTION UNLESS IT HAS BEEN AFFIRMATIVELY RECOGNIZED AND MADE A PART OF A HIGHWAY H 553, by Health and Welfare Committee, was read the SYSTEM; AMENDING SECTION 40-204A, IDAHO CODE, TO second time at length and filed for third reading. CLARIFY ACCEPTANCE OF THE GRANT BY RECOGNIZING THE ACTIONS OF THE PUBLIC AND H 595, by Judiciary, Rules, and Administration Committee, PUBLIC OFFICIALS INCLUDING THE COMMON LAW, TO was read the second time at length and filed for third reading. PROVIDE EXCLUSIVE JURISDICTION OF THE COUNTY WITH REGARD TO FEDERALLY-GRANTED RIGHTS- OF-WAY AND TO REQUIRE THE PARTICIPATION OF H 555, as amended, by State Affairs Committee, was read AFFECTED LOCAL HIGHWAY JURISDICTIONS IN A the second time at length and filed for third reading. 206 SENATE JOURNAL March 11, 2002]

H 523, as amended, as amended, and H 726, by Agricultural Roll call resulted as follows: Affairs Committee, were read the second time at length and filed for third reading. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 477, by Trail, was read the second time at length and filed Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, for third reading. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 643, as amended, by Transportation and Defense Stennett, Thorne, Wheeler, Williams. Total - 35. Committee, was read the second time at length and filed for third reading. Whereupon the President declared S 1478, as amended, passed, title was approved, and the bill ordered transmitted to the H 665, by Education Committee, was read the second time House. at length and filed for third reading. S 1458, as amended, was read the third time at length, S 1506, by State Affairs Committee, was read the second section by section, and placed before the Senate for final time at length and filed for third reading. consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 589 and H 634, as amended, by Business Committee, were read the second time at length and filed for third reading. Roll call resulted as follows:

The Senate advanced to the Thirteenth Order of Business. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Third Reading of Bills Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Senator Deide was recorded present at this order of business. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. On request by Senator Sandy, granted by unanimous consent, SJR 104, having been held, retained its place on the Third Whereupon the President declared S 1458, as amended, Reading Calendar for one legislative day. passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Deide, granted by unanimous consent, SJR 103, as amended, having been held, was recommitted to the S 1485 was read the third time at length, section by section, Education Committee. and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. On request by Senator Frasure, granted by unanimous The question being, “Shall the bill pass?” consent, H 550 was referred to the Fourteenth Order of Business, General Calendar. Roll call resulted as follows:

S 1442, as amended, was read the third time at length, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, section by section, and placed before the Senate for final Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, consideration. Senator King-Barrutia arose as sponsor of the bill Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and opened the debate. The question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, Whereupon the President declared S 1485 passed, title was Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, approved, and the bill ordered transmitted to the House. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, S 1500 was read the third time at length, section by section, Wheeler, Williams. Total - 33. and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and opened the debate. NAYS--Stegner. Total - 1. The question being, “Shall the bill pass?”

Absent and excused--Andreason. Total - 1. Roll call resulted as follows:

Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President declared S 1442, as amended, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, passed, title was approved, and the bill ordered transmitted to the Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, S 1478, as amended, was read the third time at length, Stennett, Thorne, Wheeler, Williams. Total - 35. section by section, and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and Whereupon the President declared S 1500 passed, title was opened the debate. The question being, “Shall the bill pass?” approved, and the bill ordered transmitted to the House. [March 11, 2002 SENATE JOURNAL 207

S 1501 was read the third time at length, section by section, Whereupon the President declared S 1504 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Deide arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1495 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Lodge arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Stennett, Thorne, Wheeler, Williams. Total - 35. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the President declared S 1501 passed, title was Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, approved, and the bill ordered transmitted to the House. Stennett, Thorne, Wheeler, Williams. Total - 35.

S 1502 was read the third time at length, section by section, Whereupon the President declared S 1495 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Hawkins arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” The President called Senator Cameron to the Chair.

Roll call resulted as follows: S 1496 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson arose as sponsor of the bill and opened the debate. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Roll call resulted as follows: Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the President declared S 1502 passed, title was Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, approved, and the bill ordered transmitted to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, S 1503 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The Whereupon the Acting President declared S 1496 passed, question being, “Shall the bill pass?” title was approved, and the bill ordered transmitted to the House.

Roll call resulted as follows: S 1507 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Keough arose as sponsor of the bill and opened the debate. The Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Roll call resulted as follows: Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Geddes, Whereupon the President declared S 1503 passed, title was Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, approved, and the bill ordered transmitted to the House. Little, Lodge, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 29. S 1504 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--Dunklin, Frasure, Marley, Noh, Stennett. Total - 5. Richardson arose as sponsor of the bill and opened the debate. Absent and excused--Bartlett (Branch). Total - 1. The question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the Acting President declared S 1507 passed, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, title was approved, and the bill ordered transmitted to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, S 1508 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Keough arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?” 208 SENATE JOURNAL March 11, 2002]

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Stennett, Thorne, Wheeler, Williams. Total - 35.

Whereupon the Acting President declared S 1508 passed, Whereupon the Acting President declared S 1512 passed, title was approved, and the bill ordered transmitted to the House. title was approved, and the bill ordered transmitted to the House.

On request by Senator Davis, granted by unanimous consent, On request by Senator Davis, granted by unanimous consent, S 1509 retained its place on the Third Reading Calendar. S 1509 was placed before the Senate for consideration at this time. S 1510 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1509, having been held, was read the third time at length, Bunderson arose as sponsor of the bill and opened the debate. section by section, and placed before the Senate for final The question being, “Shall the bill pass?” consideration. Senator Richardson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Dunklin, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Frasure, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Geddes, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Wheeler, Williams. Total - 33. Stegner, Stennett, Wheeler, Williams. Total - 28.

NAYS--Frasure, Keough. Total - 2. NAYS--Keough, Marley, Thorne. Total - 3.

Total - 35. Absent and excused--Deide, Dunklin, Hawkins, Sorensen. Total - 4. Whereupon the Acting President declared S 1510 passed, title was approved, and the bill ordered transmitted to the House. Total - 35.

S 1511 was read the third time at length, section by section, Whereupon the Acting President declared S 1509 passed, and placed before the Senate for final consideration. Senator title was approved, and the bill ordered transmitted to the House. Marley arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” S 1513 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, “Shall the bill pass?”

AYES--Andreason, Boatright, Bunderson, Burtenshaw, Roll call resulted as follows: Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Little, Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Geddes, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Total - 31. Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Thorne, Williams. Total - 28.

NAYS--Bartlett (Branch), Noh, Stennett. Total - 3. NAYS--Hawkins. Total - 1.

Absent and excused--Brandt. Total - 1. Absent and excused--Bunderson, Dunklin, Goedde, King-Barrutia, Sorensen, Wheeler. Total - 6. Total - 35. Total - 35.

Whereupon the Acting President declared S 1511 passed, Whereupon the Acting President declared S 1513 passed, title was approved, and the bill ordered transmitted to the House. title was approved, and the bill ordered transmitted to the House.

S 1512 was read the third time at length, section by section, S 1514 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The Marley arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?” [March 11, 2002 SENATE JOURNAL 209

Roll call resulted as follows: Whereupon the Acting President declared H 597, as amended in the Senate, passed, title was approved, and the bill AYES--Andreason, Bartlett (Branch), Boatright, Brandt, ordered returned to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 600, as amended in the Senate, was read the third time at Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, length, section by section, and placed before the Senate for final Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, consideration. Senators King-Barrutia and Davis arose as co- Stennett, Thorne, Wheeler, Williams. Total - 35. sponsors of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared S 1514 passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows:

S 1515 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Ingram arose as sponsor of the bill and opened the debate. The Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared H 600, as Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, amended in the Senate, passed, title was approved, and the bill Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, ordered returned to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, On request by Senator Lodge, granted by unanimous Stennett, Thorne, Wheeler, Williams. Total - 35. consent, H 586, as amended in the Senate, retained its place on the Third Reading Calendar. Whereupon the Acting President declared S 1515 passed, title was approved, and the bill ordered transmitted to the House. H 607, as amended, as amended in the Senate, was read the third time at length, section by section, and placed before the H 488, as amended in the Senate, having been held, was Senate for final consideration. Senator Stegner arose as sponsor read the third time at length, section by section, and placed before of the bill and opened the debate. The question being, “Shall the the Senate for final consideration. Senator Frasure arose as bill pass?” sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows:

Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Bartlett (Branch), Boatright, Brandt, Burtenshaw, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Marley, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 34. Thorne, Williams. Total - 27. NAYS--Dunklin. Total - 1. NAYS--Andreason, Bunderson, Dunklin, Little, Noh, Schroeder, Stennett, Wheeler. Total - 8. Total - 35.

Total - 35. Whereupon the Acting President declared H 607, as amended, as amended in the Senate, passed, title was approved, Whereupon the Acting President declared H 488, as and the bill ordered returned to the House. amended in the Senate, passed, title was approved, and the bill ordered returned to the House. On request by Senator Risch, granted by unanimous consent, all Senate bills were moved to the head of the Third Reading H 597, as amended in the Senate, was read the third time at Calendar. length, section by section, and placed before the Senate for final consideration. Senator Frasure arose as sponsor of the bill and On motion by Senator Risch, seconded by Senator Stennett, opened the debate. The question being, “Shall the bill pass?” by voice vote the Senate recessed at 12:10 p.m. until the hour of Roll call resulted as follows: 3 p.m. of this day.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, RECESS Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AFTERNOON SESSION Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, The Senate reconvened at 3 p.m., pursuant to recess, Stennett, Thorne, Wheeler, Williams. Total - 35. President Riggs presiding. 210 SENATE JOURNAL March 11, 2002]

Roll call showed all members present except Acting Senator Motion to Suspend Rules Bartlett, and Senators Bunderson, Davis, Dunklin, Frasure, Hawkins, Ingram, Ipsen, Marley, Sandy, Stegner, Stennett, Moved by Senator Risch, seconded by Senator Stennett, that Thorne, Wheeler, and Williams, absent and excused. all rules of the Senate interfering with the immediate passage of SJR 105 be suspended; that the portions of Section 15, Article 3, Prior to recess the Senate was at the Thirteenth Order of of the Constitution of the State of Idaho requiring all bills to be Business, Third Reading of Bills. read on three several days be dispensed with, this being a case of urgency, and that SJR 105 be read the third time at length, On request by Senator Risch, granted by unanimous consent, section by section, and be put upon its final passage. The H 586, as amended in the Senate, having been held, was placed question being, “Shall the rules be suspended?” before the Senate for consideration at this time. Roll call resulted as follows: H 586, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final AYES--Andreason, Brandt, Bunderson, Burtenshaw, consideration. Senator Lodge arose as sponsor of the bill and Cameron, Darrington, Deide, Frasure, Geddes, Goedde, Hill, opened the debate. The question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Roll call resulted as follows: Thorne, Wheeler, Williams. Total - 28.

NAYS--None. AYES--Andreason, Brandt, Bunderson, Burtenshaw,

Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Absent and excused--Bartlett (Branch), Boatright, Davis, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Dunklin, Hawkins, Ingram, Sorensen. Total - 7. Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler, Williams. Total - 30. Total - 35.

NAYS--None. More than two-thirds having voted in the affirmative, the President declared the rules suspended. Absent and excused--Bartlett (Branch), Boatright, Dunklin, Ingram, Stegner. Total - 5. SJR 105 was read the third time at length, section by section, and placed before the Senate for final consideration.

Senator Sandy arose as sponsor of the resolution and opened the Total - 35. debate. The question being, “Shall the resolution be adopted?”

Whereupon the President declared H 586, as amended in the Roll call resulted as follows: Senate, passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Frasure, Geddes, Goedde, H 552, as amended in the Senate, was read the third time at Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, length, section by section, and placed before the Senate for final Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, consideration. Senator Ipsen arose as sponsor of the bill and Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. opened the debate. The question being, “Shall the bill pass?” NAYS--None. Roll call resulted as follows: Absent and excused--Bartlett (Branch), Boatright, Davis, AYES--Andreason, Brandt, Bunderson, Burtenshaw, Dunklin, Ingram. Total - 5. Cameron, Darrington, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Total - 35. Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. More than two-thirds having voted in the affirmative, the Total - 30. President declared SJR 105 adopted, title was approved, and the resolution ordered transmitted to the House.

NAYS--None. Motion to Suspend Rules

Absent and excused--Bartlett (Branch), Boatright, Davis, Moved by Senator Risch, seconded by Senator Stennett, that Dunklin, Ingram. Total - 5. all rules of the Senate interfering with the immediate passage of S 1516 be suspended; that the portions of Section 15, Article 3, Total - 35. of the Constitution of the State of Idaho requiring all bills to be read on three several days be dispensed with, this being a case of Whereupon the President declared H 552, as amended in the urgency, and that S 1516 be read the third time at length, section Senate, passed, title was approved, and the bill ordered returned by section, and be put upon its final passage. The question being, to the House. “Shall the rules be suspended?” [March 11, 2002 SENATE JOURNAL 211

Roll call resulted as follows: More than two-thirds having voted in the affirmative, the President declared the rules suspended. AYES--Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Frasure, Geddes, Goedde, S 1506 was read the third time at length, section by section, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, and placed before the Senate for final consideration. Senator Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Cameron arose as sponsor of the bill and opened the debate. The Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. question being, “Shall the bill pass?” Total - 30. Roll call resulted as follows: NAYS--None. AYES--Andreason, Brandt, Bunderson, Burtenshaw, Absent and excused--Bartlett (Branch), Boatright, Davis, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Dunklin, Ingram. Total - 5. Hawkins, Hill, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Total - 35. Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30.

More than two-thirds having voted in the affirmative, the NAYS--None. President declared the rules suspended. Absent and excused--Bartlett (Branch), Boatright, Dunklin, S 1516 was read the third time at length, section by section, Ingram, Ipsen. Total - 5. and placed before the Senate for final consideration. Senator Sandy arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?” Whereupon the President declared S 1506 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House.

AYES--Andreason, Brandt, Bunderson, Burtenshaw, On request by Senator Risch, granted by unanimous consent, Cameron, Darrington, Deide, Frasure, Geddes, Goedde, the Senate returned to the Sixth Order of Business. Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Reports of Standing Committees Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. March 11, 2002 NAYS--None. The COMMERCE AND HUMAN RESOURCES Absent and excused--Bartlett (Branch), Boatright, Davis, Committee reports out H 505, as amended, with the Dunklin, Ingram. Total - 5. recommendation that it be referred to the Fourteenth Order of Business for amendment. Total - 35.

Whereupon the President declared S 1516 passed, title was ANDREASON, Chairman approved, and the bill ordered transmitted to the House. There being no objection, H 505, as amended, was referred Motion to Suspend Rules to the Fourteenth Order of Business, General Calendar.

Moved by Senator Risch, seconded by Senator Stennett, that March 11, 2002 all rules of the Senate interfering with the immediate passage of S 1506 be suspended; that the portions of Section 15, Article 3, The JUDICIARY AND RULES Committee reports out of the Constitution of the State of Idaho requiring all bills to be H 598 with the recommendation that it be referred to the read on three several days be dispensed with, this being a case of urgency, and that S 1506 be read the third time at length, section Fourteenth Order of Business for amendment. by section, and be put upon its final passage. The question being, “Shall the rules be suspended?” DARRINGTON, Chairman

Roll call resulted as follows: There being no objection, H 598 was referred to the Fourteenth Order of Business, General Calendar. AYES--Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Keough, King-Barrutia, Little, Lodge, Marley, March 11, 2002 Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. The RESOURCES AND ENVIRONMENT Committee reports out S 1425 and H 666 with the recommendation that they NAYS--None. do pass. Absent and excused--Bartlett (Branch), Boatright, Dunklin, Ingram, Ipsen. Total - 5. NOH, Chairman

Total - 35. S 1425 and H 666 were filed for second reading. 212 SENATE JOURNAL March 11, 2002]

On request by Senator Risch, granted by unanimous consent, SENATE AMENDMENT TO H 566 the Senate advanced to the Fourteenth Order of Business. AMENDMENTS TO SECTION 2 On page 1 of the printed bill, in line 26, following "shall" General Calendar insert: "willfully"; in line 27, delete "or" and insert: "or"; and in line 28, following "thereto," delete the remainder of the line The President declared the Senate resolved into the and in line 29, delete "bank of any ditch, canal, lateral or drain,". Committee of the Whole and called Senator Sandy to the Chair to preside during the sitting of the Committee of the Whole. SENATE AMENDMENT TO H 550 AMENDMENT TO SECTION 4 Following the adjournment of the Committee of the Whole, On page 7 of the printed bill, in line 31, following the President called the Senate to order. "wheelchair." insert: "For the purposes of assuring the safety of pedestrians and others using sidewalks, a political subdivision Report of the Committee of the Whole having jurisdiction over sidewalks may, by ordinance or by traffic Senator Sandy, Chairman of the Committee of the Whole, control device, regulate the time, place and manner of the reported out H 598 without amendment and with the operation of electric personal assistive mobility devices.". recommendation that it be recommitted to the Judiciary and Rules Committee; and S 1450, S 1472, as amended, H 585, H 566, CORRECTION TO TITLE H 550, and H 505, as amended, without recommendation, On page 1, in line 10, following "SIDEWALK" insert: "AND amended as follows: TO AUTHORIZE REGULATION BY POLITICAL SUBDIVISIONS". SENATE AMENDMENT TO S 1450 AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 34, delete "sixty-four SENATE AMENDMENTS TO H 505, As Amended thousand (64,000)" and insert: "nine thousand (9,000)". AMENDMENTS TO SECTION 1 On page 1 of the engrossed bill, in line 21, delete "The", SENATE AMENDMENT TO S 1472, As Amended delete lines 22 through 24 and insert: "The provisions of this AMENDMENTS TO SECTION 2 subsection (1)(b) shall apply until July 1, 20024, with respect to On page 2 of the engrossed bill, in line 33, delete "and all health benefit plans offered to small employers other than the willfully" and delete lines 34, 35 and 36, and insert: "obtains, or small employer basic, standard and catastrophic plans. The attempts to"; in line 37, delete "aids or abets" and insert: "aids or director". abets"; in line 45, delete "or fails to report"; and in line 46, delete "as required by section 56-209b(4), 56-215 or 56-224, Idaho Code"; on page 3, in line 1, delete "or failing to report" AMENDMENTS TO SECTION 2 and also in line 1, delete "as required by"; and in line 2, delete On page 3, delete line 53, on page 4, delete lines 1 through "section 56-209b(4), 56-215 or 56-224, Idaho Code,". 3 and insert: "index rate. The provisions of this subsection (1)(a) shall apply until July 1, 20024, with respect to all health benefit CORRECTION TO TITLE plans offered to individuals other than the individual basic, On page 1, in line 6, delete "PENALTIES" and insert: standard, catastrophic A and catastrophic B plans. The director "REFERENCE TO MATERIAL OMISSIONS". shall review the provisions of this subsec-". SENATE AMENDMENT TO H 585 AMENDMENTS TO SECTION 1 CORRECTION TO TITLE On page 1 of the printed bill, delete lines 16 through 20 and On page 1, in line 3, delete "REMOVE" and insert: insert: "specialty electrical contracting. Any person who has "REVISE". worked as a journeyman electrician or as an apprentice electrician, as herein defined, for a period of not less than four The committee also has H 474 and S 1387 under (4) years, shall be considered as qualified to apply for a consideration, reports progress, and begs leave to sit again. journeyman electrician's license in this state (2) An apprentice electrician, as herein defined, may take SANDY, Chairman the journeyman's examination if he has"; and delete line 38 and insert: "technical education. (3) Any person who has worked in this state for a period On motion by Senator Sandy, seconded by Senator Marley, of". the report was adopted by voice vote. On page 2, following line 1, insert: "(4) Any person with out-of-state experience who has S 1450, as amended, and S 1472, as amended, as amended, worked as a journeyman electrician or as an apprentice were referred to the Judiciary and Rules Committee for electrician, as herein defined, for a period of four (4) years, and engrossing and the amendments thereto were referred to the who has met such other requirements as established by rule of the Judiciary and Rules Committee for printing. board, shall be considered as qualified to apply for a journeyman electrician's license in this state."; and in line 2, delete "(2)" and insert: "(25)". H 585, as amended in the Senate, H 566, as amended in the Senate, H 550, as amended in the Senate, and H 505, as CORRECTIONS TO TITLE amended, as amended in the Senate, were filed for first reading On page 1, in line 4, delete "APPLY TO"; and also in line 4, delete "AND" and insert: ","; and in line 6, following as amended, and the amendments thereto were referred to the "ELECTRICIANS" insert: "AND TO CLARIFY Judiciary and Rules Committee for printing. RECIPROCITY PROVISIONS FOR THE JOURNEYMAN AND THE APPRENTICE ELECTRICIAN WITH H 598 was recommitted to the Judiciary and Rules OUT-OF-STATE EXPERIENCE". Committee. [March 11, 2002 SENATE JOURNAL 213

On request by Senator Risch, granted by unanimous consent, NAYS--None. the Senate returned to the Thirteenth Order of Business. Absent and excused--Ipsen, Stennett. Total - 2. Third Reading of Bills. Total - 35. H 467, as amended, was read the third time at length, section by section, and placed before the Senate for final Whereupon the President declared H 499 passed, title was consideration. Senator King-Barrutia arose as sponsor of the bill approved, and the bill ordered returned to the House. and opened the debate. The question being, “Shall the bill pass?” H 582 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senators Boatright and Wheeler arose as co-sponsors of the bill and opened AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, the debate. The question being, “Shall the bill pass?” Darrington, Dunklin, Goedde, Hill, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Thorne, Roll call resulted as follows: Wheeler. Total - 19. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, NAYS--Burtenshaw, Cameron, Davis, Deide, Frasure, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Geddes, Hawkins, Ingram, Schroeder, Sims, Sorensen, Stegner, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Stennett, Williams. Total - 14. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 33. Absent and excused--Boatright, Ipsen. Total - 2. NAYS--None. Total - 35. Absent and excused--Ipsen, Stennett. Total - 2.

Whereupon the President declared H 467, as amended, Total - 35. passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 582 passed, title was approved, and the bill ordered returned to the House. H 603 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 518 was read the third time at length, section by section, Davis arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Davis arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Bunderson, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 33. Williams. Total - 31. NAYS--None. NAYS--King-Barrutia. Total - 1. Absent and excused--Ipsen, Stennett. Total - 2. Absent and excused--Boatright, Brandt, Ipsen. Total - 3. Total - 35. Total - 35. Whereupon the President declared H 518 passed, title was Whereupon the President declared H 603 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 611 was read the third time at length, section by section, H 499 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Deide arose as sponsor of the bill and opened the debate. The Richardson arose as sponsor of the bill and opened the debate. question being, “Shall the bill pass?” The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Frasure, Geddes, Goedde, Hill, Ingram, Keough, King-Barrutia, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Wheeler, Williams. Total - 33. Williams. Total - 32. 214 SENATE JOURNAL March 12, 2002]

NAYS--Hawkins. Total - 1. SJR 106 BY STATE AFFAIRS COMMITTEE Absent and excused--Bunderson, Ipsen. Total - 2. A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VII, OF THE Total - 35. CONSTITUTION OF THE STATE OF IDAHO, RELATING TO FINANCE AND REVENUE OF THE STATE BY THE Whereupon the President declared H 611 passed, title was ADDITION OF A NEW SECTION 18, ARTICLE VII, TO approved, and the bill ordered returned to the House. CREATE IN THE STATE TREASURY THE IDAHO MILLENNIUM FUND AND THE IDAHO MILLENNIUM On request by Senator Risch, granted by unanimous consent, INCOME FUND, TO PROVIDE THAT THE IDAHO the Senate advanced to the Fifteenth Order of Business. MILLENNIUM FUND SHALL CONSIST OF SUCH MONEYS THAT MAY BE PROVIDED BY LEGISLATIVE Miscellaneous Business APPROPRIATIONS, FROM THE TOBACCO MASTER SETTLEMENT AGREEMENT AND FROM ANY OTHER On motion by Senator Risch, seconded by Senator Stennett, SOURCE, TO PROVIDE THAT THE IDAHO MILLENNIUM by voice vote the Senate adjourned at 5:35 p.m. until the hour of FUND MAY HAVE ITS MONEYS INVESTED AS PROVIDED 9 a.m., Tuesday, March 12, 2002. IN SECTION 11, ARTICLE IX, TO PROVIDE THAT THE IDAHO MILLENNIUM INCOME FUND SHALL CONSIST JACK RIGGS, President OF DISTRIBUTIONS FROM THE IDAHO MILLENNIUM FUND AND SUCH MONEYS THAT MAY BE PROVIDED BY LEGISLATIVE APPROPRIATIONS AND TO PROVIDE Attest: JEANNINE WOOD, Secretary THAT ANY EXPENDITURES OF MONEYS FROM THE IDAHO MILLENNIUM INCOME FUND SHALL ONLY BE ______MADE AS PROVIDED BY LAW AND SHALL NOT ANNUALLY EXCEED FIVE PERCENT OF THE IDAHO MILLENNIUM FUND'S FAIR MARKET VALUE EXCEPT WITH THE APPROVAL OF TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THE HOUSE OF REPRESENTATIVES SIXTY-FIFTH LEGISLATIVE DAY AND OF THE SENATE; STATING THE QUESTION TO BE TUESDAY, MARCH 12, 2002 SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY Senate Chamber OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. President Riggs called the Senate to order at 9 a.m. SJM 114 Roll call showed all members present except President Pro BY STATE AFFAIRS COMMITTEE A JOINT MEMORIAL Tempore Geddes; Acting Senator Bartlett; and Senators Brandt, TO THE PRESIDENT OF THE UNITED STATES, THE Cameron, Hawkins, Ingram, King-Barrutia, Little, Noh, Stegner, SECRETARY OF STATE OF THE UNITED STATES, THE and Stennett, absent and excused. SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS ASSEMBLED, THE Prayer was offered by Chaplain C. Leon Johnson. CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED The Senate advanced to the Third Order of Business. STATES, THE PRESIDENT OF THE BASQUE AUTONOMOUS GOVERNMENT, THE FRENCH PRIME Reading and Correction of the Journal MINISTER, THE SPANISH PRIME MINISTER AND THE KING OF . The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 11, 2002, was read We, your Memorialists, the Senate and the House of and approved as corrected. Representatives of the State of Idaho assembled in the Second Regular Session of the Fifty-sixth Idaho Legislature, do hereby DARRINGTON, Chairman respectfully represent that:

There being no objection, the report was adopted and WHEREAS, during the early part of the twentieth century, ordered filed in the office of the Secretary of the Senate. a wave of Basque immigrants left a stretch of coastline along the Bay of Biscay destined for the state of Idaho where many initially On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. found work as sheepherders in the ranges and pastureland of Idaho; and Petitions, Resolutions, and Memorials WHEREAS, the state of Idaho has long since been known as the North American center of the Basque population and many Senators Noh and Stennett were recorded present at this citizens of the state have kept close ties to the homeland of their order of business. forefathers; and [March 12, 2002 SENATE JOURNAL 215

WHEREAS, in the year 1972, the Senate and House of The Senate advanced to the Sixth Order of Business. Representatives of the State of Idaho assembled in the Second Regular Session of the Forty-first Idaho Legislature passed Senate Reports of Standing Committees Joint Memorial No. 115 condemning the totalitarian dictatorship of Franco and insisting on total general amnesty for all President Pro Tempore Geddes and Senators King-Barrutia and Spaniards imprisoned or exiled for their political and social and Stegner were recorded present at this order of business. activities; and WHEREAS, the Basque people are the oldest indigenous March 12, 2002 people in western Europe and have a long history of personal accomplishment and a devotion to the preservation of their The JUDICIARY AND RULES Committee reports that national heritage; and S 1519 and S 1520 have been correctly printed. WHEREAS, the Basque homeland was claimed in the mid-seventeenth century by the emerging nation states of Spain DARRINGTON, Chairman and France and is now divided into seven provinces, four of which are located in Spain and three of which are located in S 1519 was referred to the Judiciary and Rules Committee. France; and WHEREAS, notwithstanding this division, the Basque S 1520 was referred to the State Affairs Committee. people have sought to maintain their autonomous culture, their ancient language and their self-government; and March 11, 2002 WHEREAS, despite conflicts associated with the configuration of the Basque Country and its relationship with the The JUDICIARY AND RULES Committee reports that Spanish and French states, all but a marginalized fraction of S 1289, as amended, S 1294, S 1324, S 1336, as amended, Basques oppose all incidents of violence; and S 1341, S 1342, S 1356, as amended, as amended, S 1358, WHEREAS, it is the intent of the Legislature of the State of S 1375, S 1378, S 1380, S 1382, as amended, S 1384, S 1389, as Idaho in adopting this Joint Memorial to: amended, S 1400, S 1406, S 1411, S 1412, S 1414, S 1417, (1) Express strong support for an immediate end to violence S 1422, S 1424, S 1460, S 1461, S 1479, SCR 120, SCR 130, in the Basque homeland located in Spain and France and the SCR 132, and SJM 112 have been correctly enrolled. establishment of peace through all lawful means available to the governments of Spain, France and the Basque Autonomous DARRINGTON, Chairman Region; and (2) Condemn all acts of terrorism and violence committed The President signed Enrolled S 1289, as amended, S 1294, by any and all organizations and individuals within the Basque S 1324, S 1336, as amended, S 1341, S 1342, S 1356, as homeland and throughout the world, including those amended, as amended, S 1358, S 1375, S 1378, S 1380, S 1382, organizations, such as ETA, who are defined by the government as amended, S 1384, S 1389, as amended, S 1400, S 1406, of the United States as terrorist organizations pursuant to the S 1411, S 1412, S 1414, S 1417, S 1422, S 1424, S 1460, applicable laws of the United States; and S 1461, S 1479, SCR 120, SCR 130, SCR 132, and SJM 112 (3) Reiterate its unqualified support of and participation with and ordered them transmitted to the House for the signature of the the government of the United States and those of all other nations Speaker. in the war on terrorism. NOW, THEREFORE, BE IT RESOLVED by the members March 12, 2002 of the Second Regular Session of the Fifty-sixth Idaho Legislature, the Senate and the House of Representatives The JUDICIARY AND RULES Committee reports that concurring therein, that the state of Idaho calls for an immediate S 1278, as amended in the House, S 1379, as amended in the cessation of all violence occurring in and near the Basque House, S 1450, as amended, and S 1472, as amended, as homeland, and that a peace process be immediately undertaken amended, have been correctly engrossed. between the governments of Spain and France, the Basque Autonomous Government, and other groups committed to peace. DARRINGTON, Chairman The state of Idaho further supports the right of the Basques to self determination. S 1278, as amended in the House, S 1379, as amended in BE IT FURTHER RESOLVED that the Secretary of the the House, S 1450, as amended, and S 1472, as amended, as Senate be, and she is hereby authorized and directed to forward amended, were filed for first reading. a copy of this Memorial to the President of the United States, the Secretary of State of the United States, the President of the Senate March 12, 2002 and the Speaker of the House of Representatives of Congress, the congressional delegation representing the State of Idaho in the The JUDICIARY AND RULES Committee reports that Congress of the United States, the President of the Basque Senate amendments to S 1450, S 1472, as amended, H 585, Autonomous Government, the French Prime Minister, the H 566, H 550, and H 505, as amended, have been correctly Spanish Prime Minister and the King of Spain. printed. SJR 106 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. DARRINGTON, Chairman

SJM 114 was introduced, read at length, and referred to the The report was ordered filed in the office of the Secretary of Judiciary and Rules Committee for printing. the Senate. 216 SENATE JOURNAL March 12, 2002]

March 11, 2002 The correspondence was ordered filed in the office of the Secretary of the Senate. The COMMERCE AND HUMAN RESOURCES Committee reports out H 583, H 540, and H 660 with the The Senate advanced to the Ninth Order of Business. recommendation that they do pass, and with the recommendation that they be placed on the Consent Calendar. Messages from the House

ANDREASON, Chairman Senators Brandt, Cameron, Ingram, and Little were recorded present at this order of business. H 583, H 540, and H 660 were filed for second reading. March 11, 2002 March 11, 2002 Mr. President: The LOCAL GOVERNMENT AND TAXATION Committee reports out H 684 and H 688 with the I transmit herewith H 733, and I return herewith S 1344, recommendation that they do pass. S 1486, S 1487, S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, S 1494, S 1402, S 1410, S 1454, S 1407, S 1408, and THORNE, Chairman SCR 131 which have passed the House.

H 684 and H 688 were filed for second reading. JUKER, Chief Clerk

March 11, 2002 H 733 was filed for first reading.

The STATE AFFAIRS Committee reports out HCR 60 and S 1344, S 1486, S 1487, S 1488, S 1489, S 1490, S 1491, H 731, as amended, with the recommendation that they do pass. S 1492, S 1493, S 1494, S 1402, S 1410, S 1454, S 1407, S 1408, and SCR 131 were referred to the Judiciary and Rules SORENSEN, Chairman Committee for enrolling.

HCR 60 was referred to the Tenth Order of Business, March 11, 2002 Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. Mr. President:

H 731, as amended, was filed for second reading. I return herewith Enrolled S 1276, as amended, S 1279, S 1281, S 1282, S 1283, S 1284, S 1285, S 1286, S 1288, as March 12, 2002 amended, S 1318, S 1322, S 1327, S 1329, S 1333, S 1340, S 1361, S 1362, S 1363, S 1369, S 1383, S 1396, SCR 121, The JUDICIARY AND RULES Committee reports out SCR 123, and SCR 124, which have been signed by the Speaker. S 1519 with the recommendation that it do pass. JUKER, Chief Clerk DARRINGTON, Chairman Enrolled S 1276, as amended, S 1279, S 1281, S 1282, S 1519 was filed for second reading. S 1283, S 1284, S 1285, S 1286, S 1288, as amended, S 1318, S 1322, S 1327, S 1329, S 1333, S 1340, S 1361, S 1362, On request by Senator Risch, granted by unanimous consent, S 1363, S 1369, S 1383, and S 1396 were referred to the the Senate advanced to the Eighth Order of Business. Judiciary and Rules Committee for transmittal to the Office of the Governor. Messages from the Governor SCR 121, SCR 123, and SCR 124 were referred to the March 11, 2002 Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. The Honorable Jack Riggs President of the Senate The Senate advanced to the Tenth Order of Business. Idaho Legislature Motions and Resolutions Dear Mr. President: Acting Senator Bartlett and Senator Hawkins were recorded I have the honor to advise you that I have signed today and present at this order of business. am transmitting to the Secretary of State the following Senate Bills, to wit: The President announced that HCR 57 was before the Senate for final consideration, the question being, “Shall the resolution S 1456, S 1457, S 1464, S 1465, S 1466, S 1471 be adopted?”

Sincerely, On motion by Senator Hill, seconded by Senator Marley, /s/ Dirk Kempthorne HCR 57 was adopted by voice vote, title was approved, and the Governor resolution ordered returned to the House. [March 12, 2002 SENATE JOURNAL 217

On request by Senator Richardson, granted by unanimous S 1450, as amended, and S 1472, as amended, as amended, consent, HJM 19 retained its place on the calendar for one by Judiciary and Rules Committee, were read the first time at legislative day. length and filed for second reading.

The President announced that HCR 56 was before the Senate H 733, by Appropriations Committee, was introduced, read for final consideration, the question being, “Shall the resolution the first time at length, and referred to the Finance Committee. be adopted?” The Senate advanced to the Twelfth Order of Business. On motion by Senator King-Barrutia, seconded by Senator Stennett, HCR 56 was adopted by voice vote, title was approved, Second Reading of Bills and the resolution ordered returned to the House. H 657 and H 570, as amended, by Education Committee, The President announced the State Affairs Committee report were read the second time at length and filed for third reading. relative to the Gubernatorial appointment of Carolyn Hunt was before the Senate for final consideration, the question being, H 590, as amended, by Business Committee, was read the “Shall the report be adopted?” second time at length and filed for third reading.

On motion by Senator King-Barrutia, seconded by Senator H 584 and H 592, by Business Committee, were read the Marley, the Gubernatorial appointment of Carolyn Hunt as a second time at length and filed for third reading, Consent member of the Idaho State Racing Commission was confirmed by Calendar. voice vote. H 393 and H 395, by Mr. Speaker, were read the second The President declared the report adopted and directed the time at length and filed for third reading. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to by the H 557, H 577, and H 579, as amended, by Health and Secretary, to be transmitted to the Governor informing him of the Welfare Committee, were read the second time at length and filed action of the Senate. for third reading.

The Senate advanced to the Eleventh Order of Business. H 620, as amended, and H 623, by Judiciary, Rules, and Administration Committee, were read the second time at length Introduction, First Reading, and Reference of Bills, and filed for third reading. House Petitions, Resolutions, and Memorials H 500, H 502, and H 599, as amended, by Judiciary, Rules, S 1521 and Administration Committee, were read the second time at BY FINANCE COMMITTEE length and filed for third reading, Consent Calendar. AN ACT APPROPRIATING MONEYS FOR THE STATE LIBRARY S 1517 and S 1518, by Finance Committee, were read the BOARD FOR FISCAL YEAR 2003; AND LIMITING THE second time at length and filed for third reading. NUMBER OF FULL-TIME EQUIVALENT POSITIONS. H 680, H 581, as amended, H 487, as amended, H 663, and S 1521 was introduced, read the first time at length, and H 679, by Revenue and Taxation Committee, were read the referred to the Judiciary and Rules Committee for printing. second time at length and filed for third reading.

H 585, as amended in the Senate, by Business Committee, H 678, as amended, H 668, H 669, and H 707, by State was read the first time at length and filed for second reading. Affairs Committee, were read the second time at length and filed for third reading. H 566, as amended in the Senate, by Resources and Conservation Committee, was read the first time at length and S 1425, by Resources and Environment Committee, was filed for second reading. read the second time at length and filed for third reading.

H 550, as amended in the Senate, by Transportation and H 666, by Ways and Means Committee, was read the second Defense Committee, was read the first time at length and filed for time at length and filed for third reading. second reading. The Senate advanced to the Thirteenth Order of Business. H 505, as amended, as amended in the Senate, by Business Committee, was read the first time at length and filed for second Third Reading of Bills reading. On request by Senator Sandy, granted by unanimous consent, S 1278, as amended in the House, by Judiciary and Rules SJR 104, having been held, was recommitted to the State Affairs Committee, was read the first time at length and filed for second Committee. reading. H 676 was read the third time at length, section by section, S 1379, as amended in the House, by Agricultural Affairs and placed before the Senate for final consideration. Senator Committee, was read the first time at length and filed for second Deide arose as sponsor of the bill and opened the debate. The reading. question being, “Shall the bill pass?” 218 SENATE JOURNAL March 12, 2002]

Roll call resulted as follows: Whereupon the President declared H 483 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, H 403 was read the third time at length, section by section, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, and placed before the Senate for final consideration. Senator Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Lodge arose as sponsor of the bill and opened the debate. The Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, question being, “Shall the bill pass?” Thorne, Wheeler, Williams. Total - 34. Roll call resulted as follows: NAYS--Davis. Total - 1. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Whereupon the President declared H 676 passed, title was Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, approved, and the bill ordered returned to the House. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. H 567 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 403 passed, title was Goedde arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, “Shall the bill pass?” H 404 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Stegner arose as sponsor of the bill and opened the debate. The Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Roll call resulted as follows: Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the President declared H 567 passed, title was Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, approved, and the bill ordered returned to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 546 was read the third time at length, section by section, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, and placed before the Senate for final consideration. Senator Stennett, Thorne, Wheeler, Williams. Total - 35. Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 404 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows: H 602 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Richardson arose as sponsor of the bill and opened the debate. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, The question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows:

Whereupon the President declared H 546 passed, title was AYES--Andreason, Bartlett (Branch), Boatright, Brandt, approved, and the bill ordered returned to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 483 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senators Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Sorensen and King-Barrutia arose as co-sponsors of the bill and Stennett, Thorne, Wheeler, Williams. Total - 35. opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 602 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 612 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, King-Barrutia arose as sponsor of the bill and opened the debate. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, The question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: [March 12, 2002 SENATE JOURNAL 219

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President declared H 561 passed, title was Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, approved, and the bill ordered returned to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 448 was read the third time at length, section by section, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, and placed before the Senate for final consideration. Senator Stennett, Thorne, Wheeler, Williams. Total - 35. Little arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 612 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 613 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Darrington arose as sponsor of the bill and opened the debate. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, The question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President declared H 448 passed, title was Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, approved, and the bill ordered returned to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 444 was read the third time at length, section by section, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, and placed before the Senate for final consideration. Senator Stennett, Thorne, Wheeler, Williams. Total - 35. Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 613 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 447 was read the third time at length, section by section, AYES--Boatright, Deide, Hill, Ingram, Ipsen, Richardson, and placed before the Senate for final consideration. Senator Sandy, Thorne, Williams. Total - 9. Stennett arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Andreason, Bartlett (Branch), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Dunklin, Frasure, Roll call resulted as follows: Geddes, Goedde, Hawkins, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Schroeder, Sims, Sorensen, Stegner, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Stennett, Wheeler. Total - 26. Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Little, Total - 35. Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Whereupon the President declared that H 444 had failed to Total - 31. pass the Senate and ordered the bill returned to the House.

NAYS--Davis, Geddes, Hawkins, Hill. Total - 4. H 446 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Noh Total - 35. arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 447 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 561 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Burtenshaw arose as sponsor of the bill and opened the debate. Frasure, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, The question being, “Shall the bill pass?” King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Roll call resulted as follows: Wheeler, Williams. Total - 33.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, NAYS--Bunderson. Total - 1. Frasure, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Absent and excused--Geddes. Total - 1. Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. Total - 35.

NAYS--Davis, Geddes, Hawkins. Total - 3. Whereupon the President declared H 446 passed, title was Total - 35. approved, and the bill ordered returned to the House. 220 SENATE JOURNAL March 12, 2002]

Suspension of Rules On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate recessed at 12:25 p.m. until the hour of On request by Senator Risch, granted by unanimous consent, 3 p.m. of this day. all rules of the Senate interfering with the immediate passage of S 1517 were suspended, and the portions of Section 15, Article RECESS 3, of the Constitution of the State of Idaho requiring all bills to be AFTERNOON SESSION read on three several days were dispensed with, this being a case of urgency, and S 1517 was read the third time at length, section The Senate reconvened at 3 p.m., pursuant to recess, by section, and put upon its final passage. President Riggs presiding.

S 1517 was read the third time at length, section by section, Roll call showed all members present except President Pro Tempore Geddes; and Senators Hawkins, Keough, Noh, and and placed before the Senate for final consideration. Senator Schroeder, absent and excused. Cameron arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Prior to recess the Senate was at the Thirteenth Order of Business, Third Reading of Bills. Roll call resulted as follows: On request by Senator Risch, granted by unanimous consent, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, the Senate returned to the Sixth Order of Business. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Reports of Standing Committees Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, March 12, 2002 Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. The JUDICIARY AND RULES Committee reports that S 1521, SJR 106, and SJM 114 have been correctly printed. Whereupon the President declared S 1517 passed, title was approved, and the bill ordered transmitted to the House. DARRINGTON, Chairman

Suspension of Rules S 1521 was referred to the Finance Committee. SJR 106 was referred to the State Affairs Committee. On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of SJM 114 was referred to the Tenth Order of Business, S 1518 were suspended, and the portions of Section 15, Article Motions and Resolutions, and ordered held at the Secretary’s desk 3, of the Constitution of the State of Idaho requiring all bills to be for one legislative day. read on three several days were dispensed with, this being a case of urgency, and S 1518 was read the third time at length, section March 12, 2002 by section, and put upon its final passage. The FINANCE Committee reports out S 1521 with the recommendation that it do pass. S 1518 was read the third time at length, section by section, and placed before the Senate for final consideration. Senators CAMERON, Chairman Bunderson and Ipsen arose as co-sponsors of the bill and opened the debate. The question being, “Shall the bill pass?” S 1521 was filed for second reading.

Roll call resulted as follows: March 12, 2002

AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, The STATE AFFAIRS Committee reports out SJR 106 with the recommendation that it do pass. Burtenshaw, Cameron, Darrington, Davis, Frasure, Hawkins, Hill, Ipsen, Little, Marley, Noh, Richardson, Risch, Sandy, SORENSEN, Chairman Thorne, Williams. Total - 20. SJR 106 was filed for second reading. NAYS--Boatright, Deide, Dunklin, Goedde, Ingram, Keough, King-Barrutia, Lodge, Schroeder, Sims, Sorensen, On request by Senator Risch, granted by unanimous consent, Stegner, Stennett, Wheeler. Total - 14. the Senate advanced to the Eleventh Order of Business.

Introduction, First Reading, and Reference of Bills, Absent and excused--Geddes. Total - 1. House Petitions, Resolutions, and Memorials

Paired and voting included in roll call: S 1522 BY FINANCE COMMITTEE AN ACT AYE - Noh NAY - Dunklin APPROPRIATING MONEYS TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION/STATE DEPARTMENT OF Total - 35. EDUCATION FOR FISCAL YEAR 2003; LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; Whereupon the President declared S 1518 passed, title was EXPRESSING LEGISLATIVE INTENT WITH RESPECT TO approved, and the bill ordered transmitted to the House. CERTAIN EXPENDITURES; APPROPRIATING [March 12, 2002 SENATE JOURNAL 221

ADDITIONAL MONEYS TO THE SUPERINTENDENT OF STATE CONTROLLER, ATTORNEY GENERAL, STATE PUBLIC INSTRUCTION/STATE DEPARTMENT OF TREASURER AND STATE SUPERINTENDENT OF PUBLIC EDUCATION FOR FISCAL YEAR 2002; INSTRUCTION FOR THE PERIOD FROM THE FIRST REAPPROPRIATING CERTAIN UNEXPENDED AND MONDAY IN JANUARY 2002, UNTIL THE FIRST MONDAY UNENCUMBERED BALANCES; AND DECLARING AN IN JANUARY 2007 AND TO DELETE OBSOLETE EMERGENCY FOR SECTION 4 OF THIS ACT. LANGUAGE.

S 1523 S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, S 1528, BY FINANCE COMMITTEE and S 1529 were introduced, read the first time at length, and AN ACT referred to the Judiciary and Rules Committee for printing. APPROPRIATING MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE The Senate advanced to the Twelfth Order of Business. COMMISSION FOR FISCAL YEAR 2003; AND REAPPROPRIATING CERTAIN UNEXPENDED AND Second Reading of Bills UNENCUMBERED BALANCES. Suspension of Rules S 1524 BY FINANCE COMMITTEE On request by Senator Risch, granted by unanimous consent, AN ACT all rules of the Senate interfering with the immediate passage of APPROPRIATING MONEYS FOR S 1519 were suspended, and the portions of Section 15, Article PROFESSIONAL-TECHNICAL EDUCATION FOR FISCAL 3, of the Constitution of the State of Idaho requiring all bills to be YEAR 2003. read on three several days were dispensed with, this being a case of urgency, and S 1519 was read the second time by title and the S 1525 third time at length, section by section, and put upon its final BY FINANCE COMMITTEE passage. AN ACT APPROPRIATING MONEYS FOR THE IDAHO S 1519 was read the second time by title and the third time EDUCATIONAL PUBLIC BROADCASTING SYSTEM FOR at length, section by section, and placed before the Senate for FISCAL YEAR 2003; LIMITING THE NUMBER OF final consideration. Senator Bunderson arose as sponsor of the FULL-TIME EQUIVALENT POSITIONS; AND EXPRESSING bill and opened the debate. The question being, “Shall the bill LEGISLATIVE INTENT WITH REGARD TO DIGITAL pass?” BROADCASTING UPGRADES. Roll call resulted as follows: S 1526 BY FINANCE COMMITTEE AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AN ACT Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, APPROPRIATING MONEYS TO THE BOARD OF TAX Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, APPEALS FOR FISCAL YEAR 2003; AND LIMITING THE King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, NUMBER OF FULL-TIME EQUIVALENT POSITIONS. Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 31. S 1527 BY FINANCE COMMITTEE NAYS--Dunklin, Keough, Sims, Stennett. Total - 4. AN ACT APPROPRIATING MONEYS TO THE STATE TAX Total - 35. COMMISSION FOR FISCAL YEAR 2003; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. Whereupon the President declared S 1519 passed, title was approved, and the bill ordered transmitted to the House. S 1528 BY FINANCE COMMITTEE Suspension of Rules AN ACT APPROPRIATING MONEYS FOR THE IDAHO SCHOOL On request by Senator Risch, granted by unanimous consent, FOR THE DEAF AND THE BLIND FOR FISCAL YEAR 2003; all rules of the Senate interfering with the immediate passage of LIMITING THE NUMBER OF FULL-TIME EQUIVALENT S 1450, as amended, were suspended, and the portions of Section POSITIONS; REAPPROPRIATING CERTAIN UNEXPENDED 15, Article 3, of the Constitution of the State of Idaho requiring AND UNENCUMBERED BALANCES; AND AUTHORIZING all bills to be read on three several days were dispensed with, this FUND DEPOSITS. being a case of urgency, and S 1450, as amended, was read the second time by title and the third time at length, section by S 1529 section, and put upon its final passage. BY STATE AFFAIRS COMMITTEE AN ACT S 1450, as amended, was read the second time by title and RELATING TO SALARIES OF STATE ELECTIVE the third time at length, section by section, and placed before the OFFICERS; AMENDING SECTION 59-501, IDAHO CODE, Senate for final consideration. President Pro Tempore Geddes TO PROVIDE SALARIES FOR THE GOVERNOR, and Senator Risch arose as co-sponsors of the bill and opened the LIEUTENANT GOVERNOR, SECRETARY OF STATE, debate. The question being, “Shall the bill pass?” 222 SENATE JOURNAL March 12, 2002]

Roll call resulted as follows: S 1521 was read the second time by title and the third time at length, section by section, and placed before the Senate for AYES--Andreason, Bartlett (Branch), Boatright, Brandt, final consideration. Senator Deide arose as sponsor of the bill Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and opened the debate. The question being, “Shall the bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Roll call resulted as follows: Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, NAYS--None. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, Absent and excused--King-Barrutia. Total - 1. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Total - 35. NAYS--None. Whereupon the President declared S 1450, as amended, passed, title was approved, and the bill ordered transmitted to the Absent and excused--King-Barrutia. Total - 1. House. Total - 35. Suspension of Rules Whereupon the President declared S 1521 passed, title was On request by Senator Risch, granted by unanimous consent, approved, and the bill ordered transmitted to the House. all rules of the Senate interfering with the immediate passage of S 1472, as amended, as amended, were suspended, and the Suspension of Rules portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were On request by Senator Risch, granted by unanimous consent, dispensed with, this being a case of urgency, and S 1472, as all rules of the Senate interfering with the immediate passage of amended, as amended, was read the second time by title and the SJR 106 were suspended, and the portions of Section 15, Article third time at length, section by section, and put upon its final 3, of the Constitution of the State of Idaho requiring all bills to be passage. read on three several days were dispensed with, this being a case of urgency, and SJR 106 was read the second time by title and S 1472, as amended, as amended, was read the second time the third time at length, section by section, and put upon its final by title and the third time at length, section by section, and placed passage. before the Senate for final consideration. Senator Ipsen arose as sponsor of the bill and opened the debate. The question being, SJR 106 was read the second time by title and the third time “Shall the bill pass?” at length, section by section, and placed before the Senate for final consideration. Senator Sandy arose as sponsor of the Roll call resulted as follows: resolution and opened the debate. The question being, “Shall the resolution be adopted?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Risch, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Wheeler, Williams. Total - 34. Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Keough, NAYS--None. Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Absent and excused--King-Barrutia. Total - 1. Williams. Total - 32.

Total - 35. NAYS--None. Whereupon the President declared S 1472, as amended, as amended, passed, title was approved, and the bill ordered Absent and excused--Geddes, Ipsen, King-Barrutia. transmitted to the House. Total - 3. Suspension of Rules Total - 35. On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of More than two-thirds having voted in the affirmative, the S 1521 were suspended, and the portions of Section 15, Article President declared SJR 106 adopted, title was approved, and the 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case resolution ordered transmitted to the House. of urgency, and S 1521 was read the second time by title and the third time at length, section by section, and put upon its final On request by Senator Risch, granted by unanimous consent, passage. the Senate advanced to the Thirteenth Order of Business. [March 12, 2002 SENATE JOURNAL 223

Third Reading of Bills AYES--Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Suspension of Rules Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Richardson, Risch, Sims, Sorensen, On request by Senator Risch, granted by unanimous consent, Stegner, Thorne, Wheeler, Williams. Total - 27. all rules of the Senate interfering with the immediate passage of S 1425 were suspended, and the portions of Section 15, Article 3, NAYS--Andreason, Dunklin, Little, Marley, Noh, Sandy, of the Constitution of the State of Idaho requiring all bills to be Schroeder, Stennett. Total - 8. read on three several days were dispensed with, this being a case of urgency, and S 1425 was read the third time at length, section Total - 35. by section, and put upon its final passage. Whereupon the President declared H 524 passed, title was S 1425 was read the third time at length, section by section, approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Noh arose as sponsor of the bill and opened the debate. The question H 556 was read the third time at length, section by section, being, “Shall the bill pass?” and placed before the Senate for final consideration. Acting Senator Bartlett arose as sponsor of the bill and opened the Roll call resulted as follows: debate. The question being, “Shall the bill pass?”

AYES--Andreason, Boatright, Bunderson, Burtenshaw, Roll call resulted as follows: Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Hill, Ingram, Keough, Little, Lodge, Marley, Noh, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Stennett, Thorne, Wheeler, Williams. Total - 30. Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, NAYS--Bartlett (Branch), Brandt. Total - 2. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33.

Absent and excused--Geddes, Ipsen, King-Barrutia. NAYS--Hawkins. Total - 1. Total - 3. Absent and excused--Frasure. Total - 1. Total - 35. Total - 35. Whereupon the President declared S 1425 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared H 556 passed, title was approved, and the bill ordered returned to the House. On request by Senator Risch, granted by unanimous consent, H 409 the Senate returned to the Tenth Order of Business. was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Dunklin arose as sponsor of the bill and opened the debate. The Motions and Resolutions question being, “Shall the bill pass?”

On request by Senator Risch, granted by unanimous consent, Roll call resulted as follows: all rules of the Senate interfering with the immediate consideration of SJM 114 were suspended, and SJM 114 was AYES--Andreason, Bartlett (Branch), Boatright, Brandt, placed before the Senate for final consideration. The question Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, being, “Shall the memorial be adopted?” Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, On motion by Senator Sandy, seconded by Senator Stennett, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. SJM 114 was adopted by unanimous voice vote, title was approved, and the memorial ordered transmitted to the House. NAYS--Hawkins. Total - 1.

On request by Senator Risch, granted by unanimous consent, Total - 35. the Senate advanced to the Thirteenth Order of Business. Whereupon the President declared H 409 passed, title was Third Reading of Bills approved, and the bill ordered returned to the House.

H 524 was read the third time at length, section by section, H 497 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Sims arose as sponsor of the bill and opened the debate. The Lodge arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: 224 SENATE JOURNAL March 12, 2002]

AYES--Andreason, Boatright, Bunderson, Burtenshaw, H 601 was read the third time at length, section by section, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, and placed before the Senate for final consideration. Senator Goedde, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Stegner arose as sponsor of the bill and opened the debate. The Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 30. Roll call resulted as follows: NAYS--None. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Absent and excused--Bartlett (Branch), Brandt, Keough, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, King-Barrutia, Noh. Total - 5. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Marley, Noh, Richardson, Total - 35. Sandy, Schroeder, Sims, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31. Whereupon the President declared H 497 passed, title was approved, and the bill ordered returned to the House. NAYS--Davis, Little, Risch, Sorensen. Total - 4.

H 564, as amended, was read the third time at length, Total - 35. section by section, and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill Whereupon the President declared H 601 passed, title was and opened the debate. The question being, “Shall the bill pass?” approved, and the bill ordered returned to the House.

Roll call resulted as follows: H 538 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Boatright, Bunderson, Burtenshaw, Little arose as sponsor of the bill and opened the debate. The Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, question being, “Shall the bill pass?” Goedde, Hawkins, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Roll call resulted as follows: Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, NAYS--None. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Absent and excused--Bartlett (Branch), Brandt, Keough. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Total - 3. Stennett, Thorne, Wheeler, Williams. Total - 35. Whereupon the President declared H 538 passed, title was Total - 35. approved, and the bill ordered returned to the House.

Whereupon the President declared H 564, as amended, H 506 was read the third time at length, section by section, passed, title was approved, and the bill ordered returned to the and placed before the Senate for final consideration. Senator House. Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 594 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Dunklin arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Brandt, question being, “Shall the bill pass?” Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Roll call resulted as follows: Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Stennett, Thorne, Wheeler, Williams. Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 506 Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Whereupon the President declared passed, title was approved, and the bill ordered returned to the House. Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, On request by Senator Risch, granted by unanimous consent, Thorne, Wheeler, Williams. Total - 34. the Senate advanced to the Fifteenth Order of Business.

NAYS--None. Miscellaneous Business

On motion by Senator Risch, seconded by Senator Stennett, Absent and excused--Keough. Total - 1. by voice vote the Senate adjourned at 5:30 p.m. until the hour of 9 a.m., Wednesday, March 13, 2002. Total - 35. JACK RIGGS, President Whereupon the President declared H 594 passed, title was approved, and the bill ordered returned to the House. Attest: JEANNINE WOOD, Secretary [March 13, 2002 SENATE JOURNAL 225

______The Acting President announced that Enrolled S 1344, S 1402, S 1407, S 1408, S 1410, S 1454, S 1486, S 1487, S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, S 1494, and SCR 131 will be held at the Secretary’s desk for the Signature of SIXTY-SIXTH LEGISLATIVE DAY the President and when so signed will be transmitted to the House WEDNESDAY, MARCH 13, 2002 for the signature of the Speaker. March 12, 2002 Senate Chamber The JUDICIARY AND RULES Committee reports that At the request of the President Pro Tempore, Senator Enrolled S 1276, as amended, S 1279, S 1281, S 1282, S 1283, Darrington called the Senate to order at 9 a.m. S 1284, S 1285, S 1286, S 1288, as amended, S 1318, S 1322, S 1327, S 1329, S 1333, S 1340, S 1361, S 1362, S 1363, Roll call showed all members present except Senators Sandy, S 1369, S 1383, and S 1396 were delivered to the Office of the Stegner, and Stennett, absent and excused. Governor at 1:37 p.m., March 12, 2002.

Prayer was offered by Chaplain C. Leon Johnson. DARRINGTON, Chairman

The Senate advanced to the Third Order of Business. The report was ordered filed in the office of the Secretary of the Senate. Reading and Correction of the Journal March 12, 2002 The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 12, 2002, was read The JUDICIARY AND RULES Committee reports that and approved as corrected. Enrolled SCR 121, SCR 123, and SCR 124 were delivered to the Office of the Secretary of State at 3:18 p.m., March 12, 2002. DARRINGTON, Chairman DARRINGTON, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The report was ordered filed in the office of the Secretary of the Senate. Senator Stegner was recorded present at this order of business. March 13, 2002

On request by Senator Risch, granted by unanimous consent, The FINANCE Committee reports out H 733 with the the Senate advanced to the Sixth Order of Business. recommendation that it do pass.

Reports of Standing Committees CAMERON, Chairman Senators Sandy and Stennett were recorded present at this H 733 order of business. was filed for second reading.

March 12, 2002 March 13, 2002

The JUDICIARY AND RULES Committee reports that The FINANCE Committee reports out S 1522, S 1523, S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, S 1528, and S 1524, S 1525, S 1526, S 1527, and S 1528 with the S 1529 have been correctly printed. recommendation that they do pass.

DARRINGTON, Chairman CAMERON, Chairman S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, and S 1528 were referred to the Finance Committee. S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, and S 1528 were filed for second reading. S 1529 was referred to the State Affairs Committee. March 12, 2002 March 12, 2002 The COMMERCE AND HUMAN RESOURCES The JUDICIARY AND RULES Committee reports that Committee reports out H 631 with the recommendation that it do S 1344, S 1402, S 1407, S 1408, S 1410, S 1454, S 1486, pass. S 1487, S 1488, S 1489, S 1490, S 1491, S 1492, S 1493, S 1494, and SCR 131 have been correctly enrolled. ANDREASON, Chairman

DARRINGTON, Chairman H 631 was filed for second reading. 226 SENATE JOURNAL March 13, 2002]

March 12, 2002 Messages from the House

The AGRICULTURAL AFFAIRS Committee reports out March 12, 2002 H 529, as amended, with the recommendation that it do pass. Mr. President: WILLIAMS, Chairman I return herewith Enrolled S 1289, as amended, S 1294, H 529, as amended, was filed for second reading. S 1324, S 1336, as amended, S 1341, S 1342, S 1356, as amended, as amended, S 1358, S 1375, S 1378, S 1380, S 1382, March 12, 2002 as amended, S 1384, S 1389, as amended, S 1400, S 1406, S 1411, S 1412, S 1414, S 1417, S 1422, S 1424, S 1460, The STATE AFFAIRS Committee reports out HCR 58 with S 1461, S 1479, SCR 120, SCR 130, SCR 132, and SJM 112, the recommendation that it do pass. which have been signed by the Speaker.

SORENSEN, Chairman JUKER, Chief Clerk

HCR 58 was referred to the Tenth Order of Business, Enrolled S 1289, as amended, S 1294, S 1324, S 1336, as Motions and Resolutions, and ordered held at the Secretary’s desk amended, S 1341, S 1342, S 1356, as amended, as amended, for one legislative day. S 1358, S 1375, S 1378, S 1380, S 1382, as amended, S 1384, S 1389, as amended, S 1400, S 1406, S 1411, S 1412, S 1414, March 12, 2002 S 1417, S 1422, S 1424, S 1460, S 1461, and S 1479 were referred to the Judiciary and Rules Committee for transmittal to The HEALTH AND WELFARE Committee reports out the Office of the Governor. H 640, as amended, and H 702 with the recommendation that they do pass. Enrolled SCR 120, SCR 130, SCR 132, and SJM 112 were referred to the Judiciary and Rules Committee for transmittal to IPSEN, Chairman the Office of the Secretary of State.

H 640, as amended, and H 702 were filed for second March 12, 2002 reading. Mr. President: March 12, 2002 I transmit herewith Enrolled HJM 18, HCR 53, and H 683 The EDUCATION Committee reports out H 548, as for the signature of the President, and I return herewith Enrolled amended, and H 687 with the recommendation that they do pass. S 1357, S 1480, S 1481, and S 1482, which have been signed by the Speaker. SCHROEDER, Chairman

H 548, as amended, and H 687 were filed for second JUKER, Chief Clerk reading. The Acting President announced that Enrolled HJM 18, March 12, 2002 HCR 53, and H 683 will be held at the Secretary’s desk for the signature of the President, and when so signed, will be returned The TRANSPORTATION Committee reports out H 610, as to the House. amended, with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Enrolled S 1357, S 1480, S 1481, and S 1482 were referred to the Judiciary and Rules Committee for transmittal to the Office FRASURE, Chairman of the Governor. There being no objection, H 610, as amended, was referred to the Fourteenth Order of Business, General Calendar. March 12, 2002

March 12, 2002 Mr. President:

The TRANSPORTATION Committee reports out HJM 21 I return herewith S 1500, S 1501, S 1504, S 1507, S 1503, with the recommendation that it do pass. S 1508, S 1510, S 1511, S 1512, S 1509, S 1513, S 1514, and FRASURE, Chairman S 1515 which have passed the House.

HJM 21 was referred to the Tenth Order of Business, JUKER, Chief Clerk Motions and Resolutions, and ordered held at the Secretary’s desk for one legislative day. S 1500, S 1501, S 1504, S 1507, S 1503, S 1508, S 1510, On request by Senator Risch, granted by unanimous consent, S 1511, S 1512, S 1509, S 1513, S 1514, and S 1515 were the Senate advanced to the Ninth Order of Business. referred to the Judiciary and Rules Committee for enrolling. [March 13, 2002 SENATE JOURNAL 227

March 12, 2002 Roll call resulted as follows:

Mr. President: AYES--Bartlett (Branch), Cameron, Darrington, Geddes, Hill, Keough, Richardson, Thorne. Total - 8. I return herewith S 1295, S 1313, S 1314, S 1315, S 1316, S 1385, S 1386, and S 1332 which have passed the House. NAYS--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Davis, Deide, Dunklin, Frasure, Goedde, Ingram, JUKER, Chief Clerk Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Wheeler, S 1295, S 1313, S 1314, S 1315, S 1316, S 1385, S 1386, Williams. Total - 25. and S 1332 were referred to the Judiciary and Rules Committee for enrolling. Absent and excused--Hawkins, Risch. Total - 2.

March 12, 2002 Total - 35.

Mr. President: Whereupon the Acting President declared that the Senate had failed to adopt HJM 19 and ordered the memorial returned to the I return herewith S 1391, as amended, as amended in the House. House, and S 1326, as amended in the House, which have passed the House. The Acting President announced that HCR 60, having been held, was before the Senate for final consideration, the question JUKER, Chief Clerk being, “Shall the resolution be adopted?”

On request by Senator Wheeler, granted by unanimous Moved by President Pro Tempore Geddes, seconded by consent, S 1391, as amended, as amended in the House, was Senator Stennett, that HCR 60 be adopted, the question being, referred to the Tenth Order of Business, Motions and “Shall the resolution be adopted?” Resolutions, for consideration as to possible concurrence in the House amendments. Roll call resulted as follows:

On request by Senator Goedde, granted by unanimous AYES--Andreason, Brandt, Bunderson, Darrington, Davis, consent, S 1326, as amended in the House, was referred to the Deide, Dunklin, Frasure, Geddes, Hill, Ingram, Ipsen, Keough, Tenth Order of Business, Motions and Resolutions, for King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, consideration as to possible concurrence in the House Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler, amendments. Williams. Total - 27.

March 12, 2002 NAYS--Bartlett (Branch), Boatright, Burtenshaw, Cameron, Goedde, Hawkins, Sims, Thorne. Total - 8. Mr. President: Total - 35. I return herewith S 1325, as amended, as amended in the House, which has passed the House. Whereupon the Acting President declared HCR 60 adopted and the resolution ordered returned to the House. JUKER, Chief Clerk The Acting President announced that the House amendments On request by Senator Lodge, granted by unanimous to S 1391, as amended, as amended in the House, S 1326, as consent, S 1325, as amended, as amended in the House, was amended in the House, and S 1325, as amended, as amended in referred to the Tenth Order of Business, Motions and the House, were before the Senate for consideration as to possible Resolutions, for consideration as to possible concurrence in the concurrence. The question being, “Shall the Senate concur in the House amendments. House amendments to S 1391, as amended, as amended in the House, S 1326, as amended in the House, and S 1325, as The Senate advanced to the Tenth Order of Business. amended, as amended in the House?”

Motions and Resolutions On request by Senator Wheeler, granted by unanimous consent, the Senate concurred by voice vote in the House The Acting President announced that HJM 19, having been amendments to S 1391, as amended, as amended in the House. held, was before the Senate for final consideration, the question being, “Shall the memorial be adopted?” On request by Senator Goedde, granted by unanimous consent, the Senate concurred by voice vote in the House Moved by Senator Richardson, seconded by Senator amendments to S 1326, as amended in the House. Sorensen, that HJM 19 be adopted, the question being, “Shall the memorial be adopted?” On request by Senator Lodge, granted by unanimous consent, the Senate concurred by voice vote in the House Roll call vote was requested by Senators Ingram, Stennett, amendments to S 1325, as amended, as amended in the House. and Boatright. 228 SENATE JOURNAL March 13, 2002]

S 1391, as amended, as amended in the House, S 1326, as H 585, as amended in the Senate, was read the third time at amended in the House, and S 1325, as amended, as amended in length, section by section, and placed before the Senate for final the House, were referred to the Judiciary and Rules Committee consideration. Senator Brandt arose as sponsor of the bill and for engrossing. opened the debate. The question being, “Shall the bill pass?”

On request by Senator Risch, granted by unanimous consent, Roll call resulted as follows: the Senate advanced to the Twelfth Order of Business. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Second Reading of Bills Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, President Pro Tempore Geddes assumed the Chair. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, H 583 and H 540, by Business Committee, were read the Thorne, Wheeler, Williams. Total - 34. second time at length and filed for third reading, Consent Calendar. NAYS--None.

H 660, by Ways and Means Committee, was read the second Absent and excused--Richardson. Total - 1. time at length and filed for third reading, Consent Calendar. Total - 35. H 684 and H 688, by Revenue and Taxation Committee, were read the second time at length and filed for third reading. Whereupon the President Pro Tempore declared H 585, as amended in the Senate, passed, title was approved, and the bill H 731, as amended, by State Affairs Committee, was read ordered returned to the House. the second time at length and filed for third reading. Suspension of Rules H 585, as amended in the Senate, by Business Committee, was read the second time at length and filed for third reading. On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of H 566, as amended in the Senate, by Resources and H 550, as amended in the Senate, were suspended, and the Conservation Committee, was read the second time at length and portions of Section 15, Article 3, of the Constitution of the State filed for third reading. of Idaho requiring all bills to be read on three several days were dispensed with, this being a case of urgency, and H 550, as H 550, as amended in the Senate, by Transportation and amended in the Senate, was read the third time at length, section Defense Committee, was read the second time at length and filed by section, and put upon its final passage. for third reading. H 550, as amended in the Senate, was read the third time at H 505, as amended, as amended in the Senate, by Business length, section by section, and placed before the Senate for final consideration. Senator Thorne arose as sponsor of the bill and Committee, was read the second time at length and filed for third opened the debate. The question being, “Shall the bill pass?” reading. Roll call resulted as follows: S 1278, as amended in the House, by Judiciary and Rules Committee, was read the second time at length and filed for third AYES--Andreason, Bartlett (Branch), Boatright, Brandt, reading. Bunderson, Burtenshaw, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, S 1379, as amended in the House, by Agricultural Affairs Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Committee, was read the second time at length and filed for third Williams. Total - 32. reading. NAYS--Cameron, Darrington, Davis. Total - 3.

The Senate advanced to the Thirteenth Order of Business. Total - 35.

Third Reading of Bills Whereupon the President Pro Tempore declared H 550, as amended in the Senate, passed, title was approved, and the bill Suspension of Rules ordered returned to the House. Suspension of Rules On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of On request by Senator Risch, granted by unanimous consent, H 585, as amended in the Senate, were suspended, and the all rules of the Senate interfering with the immediate passage of H 505, as amended, as amended in the Senate, were suspended, portions of Section 15, Article 3, of the Constitution of the State and the portions of Section 15, Article 3, of the Constitution of of Idaho requiring all bills to be read on three several days were the State of Idaho requiring all bills to be read on three several dispensed with, this being a case of urgency, and H 585, as days were dispensed with, this being a case of urgency, and amended in the Senate, was read the third time at length, section H 505, as amended, as amended in the Senate, was read the third by section, and put upon its final passage. time at length, section by section, and put upon its final passage. [March 13, 2002 SENATE JOURNAL 229

H 505, as amended, as amended in the Senate, was read the S 1523 was read the second time by title and the third time third time at length, section by section, and placed before the at length, section by section, and placed before the Senate for Senate for final consideration. Senator Stegner arose as sponsor final consideration. Senator Boatright arose as sponsor of the bill of the bill and opened the debate. The question being, “Shall the and opened the debate. The question being, “Shall the bill pass?” bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Stennett, Thorne, Wheeler, Williams. Total - 35. Whereupon the Acting President declared S 1523 passed, Whereupon the President Pro Tempore declared H 505, as title was approved, and the bill ordered transmitted to the House. amended, as amended in the Senate, passed, title was approved, and the bill ordered returned to the House. Suspension of Rules

The Senate returned to the Twelfth Order of Business. On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of Second Reading of Bills S 1524 were suspended, and the portions of Section 15, Article3, of the Constitution of the State of Idaho requiring all bills to be The President Pro Tempore called Senator Frasure to the read on three several days were dispensed with, this being a case Chair. of urgency, and S 1524 was read the second time by title and the third time at length, section by section, and put upon its final Suspension of Rules passage.

On request by Senator Risch, granted by unanimous consent, S 1524 was read the second time by title and the third time all rules of the Senate interfering with the immediate passage of at length, section by section, and placed before the Senate for S 1522 were suspended, and the portions of Section 15, Article final consideration. Senator Keough arose as sponsor of the bill 3, of the Constitution of the State of Idaho requiring all bills to be and opened the debate. The question being, “Shall the bill pass?” read on three several days were dispensed with, this being a case of urgency, and S 1522 was read the second time by title and the Roll call resulted as follows: third time at length, section by section, and put upon its final AYES--Andreason, Bartlett (Branch), Boatright, Brandt, passage. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, S 1522 was read the second time by title and the third time Little, Lodge, Noh, Richardson, Risch, Sandy, Sims, Sorensen, at length, section by section, and placed before the Senate for Stegner, Thorne, Williams. Total - 28. final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Dunklin, Frasure, Marley, Schroeder, Stennett. Total - 5. Roll call resulted as follows: Absent and excused--Geddes, Wheeler. Total - 2.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Whereupon the Acting President declared S 1524 passed, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, title was approved, and the bill ordered transmitted to the House. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Suspension of Rules

Whereupon the Acting President declared S 1522 passed, On request by Senator Risch, granted by unanimous consent, title was approved, and the bill ordered transmitted to the House. all rules of the Senate interfering with the immediate passage of S 1525 were suspended, and the portions of Section 15, Article 3, Suspension of Rules of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case On request by Senator Risch, granted by unanimous consent, of urgency, and S 1525 was read the second time by title and the all rules of the Senate interfering with the immediate passage of third time at length, section by section, and put upon its final S 1523 were suspended, and the portions of Section 15, Article passage. 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case S 1525 was read the second time by title and the third time of urgency, and S 1523 was read the second time by title and the at length, section by section, and placed before the Senate for third time at length, section by section, and put upon its final final consideration. Senator Deide arose as sponsor of the bill passage. and opened the debate. The question being, “Shall the bill pass?” 230 SENATE JOURNAL March 13, 2002]

Roll call resulted as follows: AYES--Bartlett (Branch), Boatright, Brandt, Burtenshaw, Cameron, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Hawkins, Hill, Ingram, Keough, Little, Lodge, Richardson, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Risch, Sandy, Sims, Sorensen, Stennett, Thorne, Wheeler, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Williams. Total - 26. King-Barrutia, Little, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler. NAYS--Andreason, Bunderson, Ipsen, King-Barrutia, Total - 30. Marley, Noh, Schroeder, Stegner. Total - 8.

NAYS--Dunklin, Hawkins, Marley, Stennett, Williams. Absent and excused--Deide. Total - 1. Total - 5. Total - 35. Total - 35. Whereupon the Acting President declared S 1527 passed, Whereupon the Acting President declared S 1525 passed, title was approved, and the bill ordered transmitted to the House. title was approved, and the bill ordered transmitted to the House. Suspension of Rules Suspension of Rules On request by Senator Risch, granted by unanimous consent, On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of all rules of the Senate interfering with the immediate passage of S 1528 were suspended, and the portions of Section 15, Article S 1526 were suspended, and the portions of Section 15, Article 3, 3, of the Constitution of the State of Idaho requiring all bills to be of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case read on three several days were dispensed with, this being a case of urgency, and S 1528 was read the second time by title and the of urgency, and S 1526 was read the second time by title and the third time at length, section by section, and put upon its final third time at length, section by section, and put upon its final passage. passage. S 1528 was read the second time by title and the third time S 1526 was read the second time by title and the third time at length, section by section, and placed before the Senate for at length, section by section, and placed before the Senate for final consideration. Senator Hawkins arose as sponsor of the bill final consideration. Senator Hawkins arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Wheeler, Williams. Total - 33. Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--Marley, Schroeder. Total - 2. Whereupon the Acting President declared S 1526 passed, title was approved, and the bill ordered transmitted to the House. Total - 35.

Suspension of Rules Whereupon the Acting President declared S 1528 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of The Senate advanced to the Thirteenth Order of Business. S 1527 were suspended, and the portions of Section 15, Article Third Reading of Bills 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case H 569 was read the third time at length, section by section, of urgency, and S 1527 was read the second time by title and the and placed before the Senate for final consideration. Senator Noh third time at length, section by section, and put upon its final arose as sponsor of the bill and opened the debate. The question passage. being, “Shall the bill pass?” Roll call resulted as follows: S 1527 was read the second time by title and the third time at length, section by section, and placed before the Senate for AYES--Andreason, Bartlett (Branch), Boatright, Brandt, final consideration. Senator Burtenshaw arose as sponsor of the Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, bill and opened the debate. The question being, “Shall the bill Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Keough, pass?” King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Roll call resulted as follows: Wheeler, Williams. Total - 33. [March 13, 2002 SENATE JOURNAL 231

NAYS--None. March 13, 2002

Absent and excused--Cameron, Ipsen. Total - 2. The JUDICIARY AND RULES Committee reports that S 1295, S 1313, S 1314, S 1315, S 1316, S 1332, S 1385, Total - 35. S 1386, S 1500, S 1501, S 1503, S 1504, S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, S 1514, and S 1515 Whereupon the Acting President declared H 569 passed, title have been correctly enrolled. was approved, and the bill ordered returned to the House. DARRINGTON, Chairman H 658 was read the third time at length, section by section, The President Pro Tempore signed Enrolled S 1295, S 1313, and placed before the Senate for final consideration. Senator S 1314, S 1315, S 1316, S 1332, S 1385, S 1386, S 1500, Darrington arose as sponsor of the bill and opened the debate. S 1501, S 1503, S 1504, S 1507, S 1508, S 1509, S 1510, The question being, “Shall the bill pass?” S 1511, S 1512, S 1513, S 1514, and S 1515 and ordered them transmitted to the House for the signature of the Speaker. Roll call resulted as follows: March 13, 2002 AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The JUDICIARY AND RULES Committee reports that S 1391, as amended, as amended in the House, S 1326, as Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, amended in the House, and S 1325, as amended, as amended in Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, the House, have been correctly engrossed. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. DARRINGTON, Chairman

NAYS--None. S 1391, as amended, as amended in the House, S 1326, as amended in the House, and S 1325, as amended, as amended in Absent and excused--Ipsen. Total - 1. the House, were filed for first reading.

On request by Senator Risch, granted by unanimous consent, Total - 35. the Senate advanced to the Ninth Order of Business.

Whereupon the Acting President declared H 658 passed, title Messages from the House was approved, and the bill ordered returned to the House. March 13, 2002 On motion by Senator Risch, seconded by Senator Stennett, by voice vote the Senate recessed at 12:10 p.m. until the hour of Mr. President: 2:15 p.m. of this day. I transmit herewith H 736, H 737, H 729, and H 732, and I return herewith S 1431, as amended, S 1277, S 1462, as RECESS amended, S 1477, S 1502, S 1517, S 1444, and S 1351, as AFTERNOON SESSION amended, which have passed the House.

The Senate reconvened at 2:15 p.m., pursuant to recess, JUKER, Chief Clerk President Pro Tempore Geddes presiding. H 736, H 737, H 729, and H 732 were filed for first Roll call showed all members present except Senators reading. Cameron, King-Barrutia, Schroeder, Sorensen, Stennett, and Williams, absent and excused. S 1431, as amended, S 1277, S 1462, as amended, S 1477, S 1502, S 1517, S 1444, and S 1351, as amended, were referred Prior to recess the Senate was at the Thirteenth Order of to the Judiciary and Rules Committee for enrolling. Business, Third Reading of Bills. March 13, 2002 On request by Senator Risch, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Mr. President:

Reports of Standing Committees I transmit herewith Enrolled H 467, as amended, H 603, H 499, H 582, H 518, H 611, HCR 57, HCR 56, H 676, H 567, Senators Cameron, King-Barrutia, and Stennett were H 546, H 483, H 403, H 404, H 602, H 612, H 613, H 447, recorded present at this order of business. H 561, H 448, and H 446 for the signature of the President. March 13, 2002 JUKER, Chief Clerk The STATE AFFAIRS Committee reports out S 1529 with the recommendation that it do pass. The President Pro Tempore signed Enrolled H 467, as amended, H 603, H 499, H 582, H 518, H 611, HCR 57, SORENSEN, Chairman HCR 56, H 676, H 567, H 546, H 483, H 403, H 404, H 602, H 612, H 613, H 447, H 561, H 448, and H 446 and ordered S 1529 was filed for second reading. them returned to the House. 232 SENATE JOURNAL March 13, 2002]

On request by Senator Risch, granted by unanimous consent, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, the Senate advanced to the Eleventh Order of Business. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Introduction, First Reading, and Reference of Bills, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, House Petitions, Resolutions, and Memorials Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 32. S 1391, as amended, as amended in the House, and S 1326, as amended in the House, by Local Government and Taxation NAYS--None. Committee, were read the first time at length and filed for second reading. Absent and excused--Frasure, Risch, Sandy. Total - 3.

S 1325, as amended, as amended in the House, by Judiciary Total - 35. and Rules Committee, was read the first time at length and filed for second reading. Whereupon the Acting President declared S 1529 passed, title was approved, and the bill ordered transmitted to the House. H 736 and H 737, by Appropriations Committee, were introduced, read the first time at length, and referred to the The Senate advanced to the Thirteenth Order of Business. Finance Committee. Third Reading of Bills H 729 and H 732, by Ways and Means Committee, were introduced, read the first time at length, and referred to the State Suspension of Rules Affairs Committee. On request by Senator Risch, granted by unanimous consent, On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of the Senate returned to the Sixth Order of Business. H 566, as amended in the Senate, were suspended, and the portions of Section 15, Article 3, of the Constitution of the State Reports of Standing Committees of Idaho requiring all bills to be read on three several days were March 13, 2002 dispensed with, this being a case of urgency, and H 566, as amended in the Senate, was read the third time at length, section The FINANCE Committee reports out H 736 and H 737 by section, and put upon its final passage. with the recommendation that they do pass. H 566, as amended in the Senate, was read the third time at CAMERON, Chairman length, section by section, and placed before the Senate for final consideration. Senators Burtenshaw and Stennett arose as co- H 736 and H 737 were filed for second reading. sponsors of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. Roll call resulted as follows:

Second Reading of Bills AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, The President Pro Tempore called Senator Darrington to the Chair. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Suspension of Rules Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, On request by Senator Risch, granted by unanimous consent, Thorne, Wheeler, Williams. Total - 34. all rules of the Senate interfering with the immediate passage of NAYS--Ingram. Total - 1. S 1529 were suspended, and the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case Total - 35. of urgency, and S 1529 was read the second time by title and the H 566, third time at length, section by section, and put upon its final Whereupon the Acting President declared as passage. amended in the Senate, passed, title was approved, and the bill ordered returned to the House. S 1529 was read the second time by title and the third time H 616 at length, section by section, and placed before the Senate for was read the third time at length, section by section, final consideration. President Pro Tempore Geddes arose as and placed before the Senate for final consideration. Senator sponsor of the bill and opened the debate. The question being, Boatright arose as sponsor of the bill and opened the debate. The “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: [March 13, 2002 SENATE JOURNAL 233

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Stennett, Thorne, Wheeler, Williams. Total - 35.

Whereupon the Acting President declared H 616 passed, title Whereupon the Acting President declared H 692 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House.

The President Pro Tempore returned to the Chair. H 693 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 619 was read the third time at length, section by section, Bunderson arose as sponsor of the bill and opened the debate. and placed before the Senate for final consideration. Senator The question being, “Shall the bill pass?” Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows:

Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Stennett, Thorne, Wheeler, Williams. Total - 35. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Williams. Total - 33. Whereupon the Acting President declared H 693 passed, title was approved, and the bill ordered returned to the House. NAYS--Boatright. Total - 1. H 694 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Wheeler. Total - 1. Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the President Pro Tempore declared H 619 passed, title was approved, and the bill ordered returned to the AYES--Andreason, Bartlett (Branch), Boatright, Brandt, House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, The President Pro Tempore called Senator Risch to the Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Chair. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. H 691 was read the third time at length, section by section, Whereupon the Acting President declared H 694 passed, title and placed before the Senate for final consideration. Senator was approved, and the bill ordered returned to the House. Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 695 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Keough arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Stennett, Thorne, Wheeler, Williams. Total - 35. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Whereupon the Acting President declared H 691 passed, title Stennett, Thorne, Wheeler, Williams. Total - 35. was approved, and the bill ordered returned to the House. Whereupon the Acting President declared H 695 passed, title H 692 was read the third time at length, section by section, was approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Richardson arose as sponsor of the bill and opened the debate. H 696 was read the third time at length, section by section, The question being, “Shall the bill pass?” and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, “Shall the bill pass?” 234 SENATE JOURNAL March 13, 2002]

Roll call resulted as follows: Whereupon the Acting President declared H 699 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 671 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Wheeler arose as sponsor of the bill and opened the debate. The Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the Acting President declared H 696 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 697 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ingram arose as sponsor of the bill and opened the debate. The Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35.

Roll call resulted as follows: Whereupon the Acting President declared H 671 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, H 608, as amended, was read the third time at length, Frasure, Geddes, Goedde, Hill, Ingram, Keough, King-Barrutia, section by section, and placed before the Senate for final Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, consideration. Senator Keough arose as sponsor of the bill and Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. opened the debate. The question being, “Shall the bill pass?” Total - 31. Roll call resulted as follows: NAYS--Schroeder. Total - 1. AYES--Andreason, Boatright, Brandt, Burtenshaw, Absent and excused--Brandt, Hawkins, Ipsen. Total - 3. Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Total - 35. Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Thorne, Wheeler. Total - 30. Whereupon the Acting President declared H 697 passed, title was approved, and the bill ordered returned to the House. NAYS--Bartlett (Branch), Williams. Total - 2.

H 698 was read the third time at length, section by section, Absent and excused--Bunderson, Hawkins, Sorensen. and placed before the Senate for final consideration. Senator Total - 3. Cameron arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Total - 35.

Roll call resulted as follows: Whereupon the Acting President declared H 608, as amended, passed, title was approved, and the bill ordered AYES--Andreason, Bartlett (Branch), Boatright, Brandt, returned to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 485 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stegner arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?”

Whereupon the Acting President declared H 698 passed, title Roll call resulted as follows: was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 699 was read the third time at length, section by section, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, and placed before the Senate for final consideration. Senator Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Marley arose as sponsor of the bill and opened the debate. The King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, question being, “Shall the bill pass?” Schroeder, Sims, Sorensen, Stegner, Thorne, Williams. Roll call resulted as follows: Total - 30.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, NAYS--Noh, Wheeler. Total - 2. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Absent and excused--Bunderson, Cameron, Stennett. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Total - 3. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Total - 35. [March 13, 2002 SENATE JOURNAL 235

Whereupon the Acting President declared H 485 passed, title AYES--Andreason, Boatright, Brandt, Bunderson, was approved, and the bill ordered returned to the House. Burtenshaw, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, H 484 was read the third time at length, section by section, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, and placed before the Senate for final consideration. Senator Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Goedde arose as sponsor of the bill and opened the debate. The Total - 30. question being, “Shall the bill pass?” NAYS--Hawkins, Keough. Total - 2. Roll call resulted as follows: Absent and excused--Bartlett (Branch), Cameron, Dunklin. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Total - 3. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Total - 35. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Whereupon the Acting President declared H 645 passed, title Stennett, Thorne, Wheeler, Williams. Total - 35. was approved, and the bill ordered returned to the House.

Whereupon the Acting President declared H 484 passed, title The Acting President called Senator Hill to the Chair. was approved, and the bill ordered returned to the House. H 534 was read the third time at length, section by section, H 522 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Andreason arose as sponsor of the bill and opened the debate. Little arose as sponsor of the bill and opened the debate. The The question being, “Shall the bill pass?” question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Darrington, Deide, Frasure, Geddes, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Marley, Richardson, Risch, Sandy, Sims, Sorensen, Stennett, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Thorne, Wheeler, Williams. Total - 27. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--Davis, Keough, Noh, Schroeder, Stegner. Total - 5.

Whereupon the Acting President declared H 522 passed, title Absent and excused--Cameron, Dunklin, Hawkins. was approved, and the bill ordered returned to the House. Total - 3.

The Acting President called Senator Little to the Chair. Total - 35.

Whereupon the Acting President declared H 534 passed, title H 644 was read the third time at length, section by section, was approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. H 394 was read the third time at length, section by section, The question being, “Shall the bill pass?” and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, “Shall the bill pass?”

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Roll call resulted as follows: Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Stennett, Thorne, Wheeler, Williams. Total - 35. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Whereupon the Acting President declared H 644 passed, title Whereupon the Acting President declared H 394 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House.

H 645 was read the third time at length, section by section, H 406 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Noh and placed before the Senate for final consideration. Senator arose as sponsor of the bill and opened the debate. The question King-Barrutia arose as sponsor of the bill and opened the debate. being, “Shall the bill pass?” The question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: 236 SENATE JOURNAL March 13, 2002]

AYES--Andreason, Bartlett (Branch), Brandt, Bunderson, On request by Senator Risch, granted by unanimous consent, Burtenshaw, Darrington, Goedde, Hill, Ingram, Ipsen, Keough, all Senate bills were moved to the head of the Third Reading King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Calendar. Sandy, Schroeder, Sims, Sorensen, Stegner, Wheeler, Williams. Total - 25. On request by Senator Risch, granted by unanimous consent, the Senate returned to the Sixth Order of Business. NAYS--Boatright, Davis, Frasure, Geddes, Hawkins, Thorne. Total - 6. Reports of Standing Committees

Absent and excused--Cameron, Deide, Dunklin, Stennett. March 13, 2002 Total - 4. The LOCAL GOVERNMENT AND TAXATION Total - 35. Committee reports out H 652 and H 724 with the recommendation that they do pass. Whereupon the Acting President declared H 406 passed, title was approved, and the bill ordered returned to the House. THORNE, Chairman

The President Pro Tempore returned to the Chair. H 652 and H 724 were filed for second reading.

H 604 was read the third time at length, section by section, On request by Senator Risch, granted by unanimous consent, and placed before the Senate for final consideration. Senator the Senate advanced to the Eighth Order of Business. Andreason arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Messages from the Governor

Roll call resulted as follows: March 13, 2002

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, The Honorable Jack Riggs Bunderson, Burtenshaw, Darrington, Davis, Deide, Dunklin, President of the Senate Frasure, Geddes, Hawkins, Hill, Ingram, Ipsen, Little, Marley, Idaho Legislature Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 30. Dear Mr. President:

NAYS--Goedde, Keough, King-Barrutia, Lodge. Total - 4. I have the honor to inform you that General Darrell Manning of Boise, Idaho, was appointed as a member of the Idaho State Absent and excused--Cameron. Total - 1. Board of Education to serve a term commencing March 1, 2002, and expiring March 1, 2007. Total - 35. This appointment was made subject to confirmation by the Whereupon the President Pro Tempore declared H 604 Senate. Notice of appointment is hereby given. passed, title was approved, and the bill ordered returned to the House. Sincerely, /s/ Dirk Kempthorne H 541 was read the third time at length, section by section, Governor and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The The correspondence was ordered filed in the office of the question being, “Shall the bill pass?” Secretary of the Senate.

Roll call resulted as follows: The Gubernatorial appointment was referred to the Education Committee. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, The Senate advanced to the Ninth Order of Business. Frasure, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Messages from the House Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. March 13, 2002

NAYS--Davis, Geddes, Hill, Richardson, Williams. Mr. President: Total- 5. I transmit herewith HCR 62 and H 735, and I return Total - 35. herewith S 1308, S 1349, as amended, S 1312, as amended, SJM 114, S 1370, S 1388, and S 1302, as amended, which have Whereupon the President Pro Tempore declared H 541 passed the House. passed, title was approved, and the bill ordered returned to the House. JUKER, Chief Clerk [March 14, 2002 SENATE JOURNAL 237

HCR 62 and H 735 were filed for first reading. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. S 1308, S 1349, as amended, S 1312, as amended, SJM 114, S 1370, S 1388, and S 1302, as amended, were On request by Senator Risch, granted by unanimous consent, referred to the Judiciary and Rules Committee for enrolling. the Senate advanced to the Sixth Order of Business.

On request by Senator Risch, granted by unanimous consent, Reports of Standing Committees the Senate advanced to the Eleventh Order of Business. Senator Darrington was recorded present at this order of Introduction, First Reading, and Reference of Bills, business. House Petitions, Resolutions, and Memorials March 13, 2002 HCR 62, by Ways and Means Committee, was introduced, read at length, and referred to the Resources and Environment The JUDICIARY AND RULES Committee reports that Committee. S 1277, S 1351, as amended, S 1431, as amended, S 1444, S 1462, as amended, S 1477, S 1502, and S 1517 have been H 735, by Ways and Means Committee, was introduced, correctly enrolled. read the first time at length, and referred to the Health and Welfare Committee. DARRINGTON, Chairman

On request by Senator Risch, granted by unanimous consent, The President Pro Tempore signed Enrolled S 1277, S 1351, the Senate advanced to the Fifteenth Order of Business. as amended, S 1431, as amended, S 1444, S 1462, as amended, S 1477, S 1502, and S 1517 and ordered them transmitted to the Miscellaneous Business House for the signature of the Speaker.

On motion by Senator Risch, seconded by Senator Stennett, March 13, 2002 by voice vote the Senate adjourned at 5:40 p.m. until the hour of 9 a.m., Thursday, March 14, 2002. The JUDICIARY AND RULES Committee reports that Enrolled S 1289, as amended, S 1294, S 1324, S 1336, as ROBERT L. GEDDES, President Pro Tempore amended, S 1341, S 1342, S 1356, as amended, as amended, S 1357, S 1358, S 1375, S 1378, S 1380, S 1382, as amended, Attest: JEANNINE WOOD, Secretary S 1384, S 1389, as amended, S 1400, S 1406, S 1411, S 1412, S 1414, S 1417, S 1422, S 1424, S 1460, S 1461, S 1479, S 1480, S 1481, and S 1482 were delivered to the Office of the ______Governor at 3:05 p.m., March 13, 2002.

DARRINGTON, Chairman

SIXTY-SEVENTH LEGISLATIVE DAY The report was ordered filed in the office of the Secretary of THURSDAY, MARCH 14, 2002 the Senate.

March 13, 2002 Senate Chamber

President Pro Tempore Geddes called the Senate to order at The JUDICIARY AND RULES Committee reports that 9 a.m. Enrolled SCR 120, SCR 130, SCR 132, and SJM 112 were delivered to the Office of the Secretary of State at 3:11 p.m., Roll call showed all members present except Senators March 13, 2002. Bunderson, Cameron, Darrington, Dunklin, Hawkins, King- Barrutia, Noh, Schroeder, and Stennett, absent and excused. DARRINGTON, Chairman

Prayer was offered by Chaplain C. Leon Johnson. The report was ordered filed in the office of the Secretary of the Senate. The Senate advanced to the Third Order of Business. March 14, 2002 Reading and Correction of the Journal The EDUCATION Committee reports it has had under Senators Dunklin, King-Barrutia, Schroeder, and Stennett consideration the Gubernatorial appointment listed below and the were recorded present at this order of business. Committee recommends that said appointment be confirmed by the Senate: The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 13, 2002, was read Darrell Manning to the Idaho State Board of Education, term and approved as corrected. to expire March 1, 2007.

DARRINGTON, Chairman SCHROEDER, Chairman 238 SENATE JOURNAL March 14, 2002]

The Gubernatorial appointment was referred to the Tenth H 529, as amended, by Agricultural Affairs Committee, was Order of Business, Motions and Resolutions, and ordered held at read the second time at length and filed for third reading. the Secretary’s desk for one legislative day. H 640, as amended, by Health and Welfare Committee, was On request by Senator Sandy, granted by unanimous consent, read the second time at length and filed for third reading. the Senate advanced to the Ninth Order of Business. H 702, by Ways and Means Committee, was read the second Messages from the House time at length and filed for third reading.

Senators Hawkins and Noh were recorded present at this H 548, as amended, and H 687, by Education Committee, order of business. were read the second time at length and filed for third reading.

March 13, 2002 S 1391, as amended, as amended in the House, and S 1326, as amended in the House, by Local Government and Taxation Mr. President: Committee, were read the second time at length and filed for third reading. I return herewith Enrolled S 1344, S 1402, S 1407, S 1408, S 1410, S 1454, S 1486, S 1487, S 1488, S 1489, S 1490, S 1325, as amended, as amended in the House, by Judiciary S 1491, S 1492, S 1493, S 1494, and SCR 131, which have been and Rules Committee, was read the second time at length and signed by the Speaker. filed for third reading.

JUKER, Chief Clerk H 736 and H 737, by Appropriations Committee, were read the second time at length and filed for third reading. Enrolled S 1344, S 1402, S 1407, S 1408, S 1410, S 1454, S 1486, S 1487, S 1488, S 1489, S 1490, S 1491, S 1492, H 652 and H 724, by Revenue and Taxation Committee, S 1493, and S 1494 were referred to the Judiciary and Rules were read the second time at length and filed for third reading. Committee for transmittal to the Office of the Governor. The Senate advanced to the Thirteenth Order of Business. SCR 131 was referred to the Judiciary and Rules Committee Third Reading of Bills for transmittal to the Office of the Secretary of State. S 1278, as amended in the House, was read the third time at The Senate advanced to the Tenth Order of Business. length, section by section, and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill Motions and Resolutions and opened the debate. The question being, “Shall the bill pass?”

Senator Cameron was recorded present at this order of Call of the Senate was requested by Senators Risch, Davis, business. and Sorensen. Whereupon the President Pro Tempore ordered the The President Pro Tempore announced that HCR 58 was doorkeepers to lock the doors permitting no Senator to leave the before the Senate for final consideration, the question being, Senate Chamber. The Sergeant at Arms was instructed to find “Shall the resolution be adopted?” and present any absent members to the Senate.

On motion by Senator Sorensen, seconded by Senator Roll call showed all members present except Senators Frasure, HCR 58 was adopted by voice vote, title was approved, Bunderson and Frasure. and the resolution ordered returned to the House. The President Pro Tempore directed the Sergeant at Arms to The President Pro Tempore announced that HJM 21 was find and present Senators Bunderson and Frasure to the Senate. before the Senate for final consideration, the question being, “Shall the memorial be adopted?” Senators Bunderson and Frasure were recorded present.

On motion by Senator Frasure, seconded by Senator Marley, On request by Senator Risch, granted by unanimous consent, HJM 21 was adopted by voice vote, title was approved, and the the Call was lifted. memorial ordered returned to the House. The question being, “Shall S 1278, as amended in the On request by Senator Sandy, granted by unanimous consent, House, pass?” the Senate advanced to the Twelfth Order of Business. Roll call resulted as follows: Second Reading of Bills AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 733, by Appropriations Committee, was read the second Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, time at length and filed for third reading. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 631, by Business Committee, was read the second time at Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, length and filed for third reading. Stennett, Thorne, Wheeler, Williams. Total - 35. [March 14, 2002 SENATE JOURNAL 239

Whereupon the President Pro Tempore declared S 1278, as AYES--Andreason, Bartlett (Branch), Boatright, Brandt, amended in the House, passed, title was approved, and the bill Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, was referred to the Judiciary and Rules Committee for enrolling. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, S 1379, as amended in the House, was read the third time at Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, length, section by section, and placed before the Senate for final Stennett, Thorne, Wheeler, Williams. Total - 35. consideration. Senator Stennett arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President Pro Tempore declared H 700 passed, title was approved, and the bill ordered returned to the Roll call resulted as follows: House.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 701 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Cameron arose as sponsor of the bill and opened the debate. The Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows:

Whereupon the President Pro Tempore declared S 1379, as AYES--Andreason, Bartlett (Branch), Boatright, Brandt, amended in the House, passed, title was approved, and the bill Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, was referred to the Judiciary and Rules Committee for enrolling. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 627 was read the third time at length, section by section, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, and placed before the Senate for final consideration. Senator Thorne, Wheeler, Williams. Total - 34. Davis arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Schroeder. Total - 1.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared H 701 Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, passed, title was approved, and the bill ordered returned to the Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 705 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The Whereupon the President Pro Tempore declared H 627 question being, “Shall the bill pass?” passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 628 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Davis, Deide, Dunklin, Davis arose as sponsor of the bill and opened the debate. The Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, question being, “Shall the bill pass?” Keough, King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Wheeler, Roll call resulted as follows: Williams. Total - 31.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, NAYS--Darrington, Noh, Schroeder, Stennett. Total - 4. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Total - 35. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Whereupon the President Pro Tempore declared H 705 Stennett, Thorne, Wheeler, Williams. Total - 35. passed, title was approved, and the bill ordered returned to the House. Whereupon the President Pro Tempore declared H 628 passed, title was approved, and the bill ordered returned to the The President Pro Tempore called Senator Risch to the House. Chair.

H 700 was read the third time at length, section by section, H 706 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Boatright arose as sponsor of the bill and opened the debate. The Marley arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows: 240 SENATE JOURNAL March 14, 2002]

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared H 710 passed, title Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, was approved, and the bill ordered returned to the House. Dunklin, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, H 711 was read the third time at length, section by section, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, and placed before the Senate for final consideration. Senator Thorne, Wheeler, Williams. Total - 34. Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Frasure. Total - 1. Roll call resulted as follows: Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared H 706 passed, title Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, was approved, and the bill ordered returned to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Moved by Senator Schroeder, seconded by Senator Noh, that Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, a Statement of Legislative Intent of H 706 be spread upon the Stennett, Thorne, Wheeler, Williams. Total - 35. pages of the Journal. Senator Schroeder, with the consent of his second, withdrew his motion. Whereupon the Acting President declared H 711 passed, title was approved, and the bill ordered returned to the House. H 708 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 712 was read the third time at length, section by section, Cameron arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Ingram arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Stennett, Thorne, Wheeler, Williams. Total - 35. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Whereupon the Acting President declared H 708 passed, title was approved, and the bill ordered returned to the House. Whereupon the Acting President declared H 712 passed, title was approved, and the bill ordered returned to the House.

H 709 was read the third time at length, section by section, H 713 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The Ingram arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Stennett, Thorne, Wheeler, Williams. Total - 35.

Whereupon the Acting President declared H 709 passed, title Whereupon the Acting President declared H 713 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House.

H 710 was read the third time at length, section by section, H 714 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Richardson arose as sponsor of the bill and opened the debate. Deide arose as sponsor of the bill and opened the debate. The The question being, “Shall the bill pass?” question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Stennett, Thorne, Wheeler, Williams. Total - 35. [March 14, 2002 SENATE JOURNAL 241

Whereupon the Acting President declared H 714 passed, title AYES--Andreason, Bartlett (Branch), Boatright, Brandt, was approved, and the bill ordered returned to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 715 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Boatright arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?” Whereupon the Acting President declared H 720 passed, title Roll call resulted as follows: was approved, and the bill ordered returned to the House.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 721 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Marley arose as sponsor of the bill and opened the debate. The Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows:

Whereupon the Acting President declared H 715 passed, title AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, was approved, and the bill ordered returned to the House. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, H 716 was read the third time at length, section by section, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, and placed before the Senate for final consideration. Senator Sorensen, Stegner, Stennett, Wheeler, Williams. Total - 30. Deide arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Brandt, Frasure, Hawkins, Richardson, Thorne. Total - 5. Roll call resulted as follows: Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the Acting President declared H 721 passed, title Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, was approved, and the bill ordered returned to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 722 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared H 716 passed, title was approved as corrected, and the bill ordered returned to the Roll call resulted as follows: House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 719 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Burtenshaw arose as sponsor of the bill and opened the debate. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, The question being, “Shall the bill pass?” Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the Acting President declared H 722 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, H 723 was read the third time at length, section by section, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, and placed before the Senate for final consideration. Senator Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Keough arose as sponsor of the bill and opened the debate. The Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, question being, “Shall the bill pass?” Stennett, Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the Acting President declared H 719 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 720 was read the third time at length, section by section, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, and placed before the Senate for final consideration. Senator Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Marley arose as sponsor of the bill and opened the debate. The Stennett, Thorne, Wheeler, Williams. Total - 35. question being, “Shall the bill pass?” Whereupon the Acting President declared H 723 passed, title Roll call resulted as follows: was approved, and the bill ordered returned to the House. 242 SENATE JOURNAL March 14, 2002]

H 588 was read the third time at length, section by section, Roll call showed all members present except Senators and placed before the Senate for final consideration. Senator Cameron, Darrington, Davis, Deide, Dunklin, Keough, Little, Davis arose as sponsor of the bill and opened the debate. The Noh, Schroeder, and Stennett, absent and excused. question being, “Shall the bill pass?” Prior to recess the Senate was at the Sixth Order of Business, Roll call resulted as follows: Reports of Standing Committees.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, March 14, 2002 Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, The STATE AFFAIRS Committee reports out H 729 with Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, the recommendation that it do pass. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. SORENSEN, Chairman

Whereupon the Acting President declared H 588 passed, title H 729 was filed for second reading. was approved, and the bill ordered returned to the House. March 14, 2002 H 662 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator The JUDICIARY AND RULES Committee reports that King-Barrutia arose as sponsor of the bill and opened the debate. S 1278, as amended in the House, S 1302, as amended, S 1308, The question being, “Shall the bill pass?” S 1312, as amended, S 1349, as amended, S 1370, S 1379, as amended in the House, S 1388, and SJM 114 have been correctly Roll call resulted as follows: enrolled.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, DARRINGTON, Chairman Bunderson, Burtenshaw, Cameron, Davis, Dunklin, Geddes, Goedde, Hill, Keough, King-Barrutia, Little, Lodge, Marley, The President Pro Tempore signed Enrolled S 1278, as Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, amended in the House, S 1302, as amended, S 1308, S 1312, as Wheeler. Total - 25. amended, S 1349, as amended, S 1370, S 1379, as amended in the House, S 1388, and SJM 114 and ordered them transmitted NAYS--Darrington, Deide, Hawkins, Ipsen, Richardson, to the House for the signature of the Speaker. Sims, Thorne, Williams. Total - 8. On request by Senator Risch, granted by unanimous consent, Absent and excused--Frasure, Ingram. Total - 2. the Senate advanced to the Ninth Order of Business.

Total - 35. Messages from the House

Whereupon the Acting President declared H 662 passed, title Senators Darrington, Deide, Davis, Dunklin, Keough, Little, was approved, and the bill ordered returned to the House. Noh, and Schroeder were recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. March 14, 2002 Mr. President: Reports of Standing Committees I transmit herewith Enrolled H 524, H 556, H 409, H 497, March 14, 2002 H 564, as amended, H 594, H 601, H 538, H 506, HCR 60, H 488, as amended in the Senate, H 597, as amended in the The HEALTH AND WELFARE Committee reports out Senate, H 600, as amended in the Senate, H 607, as amended, as H 735 with the recommendation that it do pass. amended in the Senate, H 586, as amended in the Senate, and H 552, as amended in the Senate, for the signature of the IPSEN, Chairman President, and I return herewith Enrolled S 1295, S 1313, S 1314, S 1315, S 1316, S 1332, S 1385, S 1386, S 1500, S 1501, S 1503, S 1504, S 1507, S 1508, S 1509, S 1510, H 735 was filed for second reading. S 1511, S 1512, S 1513, S 1514, and S 1515, which have been signed by the Speaker. On motion by Senator Davis, seconded by Senator Stennett, by voice vote the Senate recessed at 12 noon until the hour of JUKER, Chief Clerk 1 p.m. of this day. The President Pro Tempore signed Enrolled H 524, H 556, H 409, H 497, H 564, as amended, H 594, H 601, H 538, RECESS H 506, HCR 60, H 488, as amended in the Senate, H 597, as AFTERNOON SESSION amended in the Senate, H 600, as amended in the Senate, H 607, as amended, as amended in the Senate, H 586, as amended in the The Senate reconvened at 1 p.m., pursuant to recess, Senate, and H 552, as amended in the Senate, and ordered them President Pro Tempore Geddes presiding. returned to the House. [March 14, 2002 SENATE JOURNAL 243

Enrolled S 1295, S 1313, S 1314, S 1315, S 1316, S 1332, On request by Senator Risch, granted by unanimous consent, S 1385, S 1386, S 1500, S 1501, S 1503, S 1504, S 1507, H 648, having been held, was placed before the Senate for S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, S 1514, and consideration at this time. S 1515 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. H 648, having been held, was read the third time at length, section by section, and placed before the Senate for final On request by Senator Risch, granted by unanimous consent, consideration. Senator Stennett arose as sponsor of the bill and the Senate advanced to the Twelfth Order of Business. opened the debate. The question being, “Shall the bill pass?”

Second Reading of Bills Roll call resulted as follows:

Senator Cameron was recorded present at this order of AYES--Andreason, Bartlett (Branch), Boatright, Brandt, business. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 735 and H 729, by Ways and Means Committee, were Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, read the second time at length and filed for third reading. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. The Senate advanced to the Thirteenth Order of Business. Whereupon the President Pro Tempore declared H 648 Third Reading of Bills passed, title was approved, and the bill ordered returned to the House. On request by Senator Dunklin, granted by unanimous consent, H 648 retained its place on the Third Reading Calendar. The President Pro Tempore called Senator Williams to the Chair. H 653 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 494 was read the third time at length, section by section, Thorne arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Boatright arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Burtenshaw, Darrington, Davis, Deide, Frasure, Geddes, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Hawkins, Ingram, Keough, King-Barrutia, Marley, Risch, Sims, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Sorensen, Stennett, Thorne, Wheeler, Williams. Total - 22. Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--Brandt, Dunklin, Goedde, Hill, Ipsen, Little, Lodge, Whereupon the President Pro Tempore declared H 653 Noh, Richardson, Schroeder, Stegner. Total - 11. passed, title was approved, and the bill ordered returned to the House. Absent and excused--Cameron, Sandy. Total - 2.

Total - 35. H 482 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the Acting President declared H 494 passed, title Frasure arose as sponsor of the bill and opened the debate. The was approved, and the bill ordered returned to the House. question being, “Shall the bill pass?” H 651 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Thorne arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, question being, “Shall the bill pass?” Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Moved by Senator Stennett, seconded by Senator Schroeder, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, that H 651 be referred to the Fourteenth Order of Business for Little, Lodge, Marley, Richardson, Risch, Sandy, Sims, amendment. Sorensen, Stennett, Thorne, Wheeler, Williams. Total - 29. Roll call vote was requested by Senators Stennett, Schroeder, and Keough. NAYS--Brandt, Dunklin, Goedde, Noh, Schroeder, Stegner. Total - 6. The question being, “Shall the motion prevail?”

Total - 35. Roll call resulted as follows:

Whereupon the President Pro Tempore declared H 482 AYES--Andreason, Bartlett (Branch), Cameron, Davis, passed, title was approved, and the bill ordered returned to the Dunklin, Goedde, Hill, Ipsen, Keough, King-Barrutia, Marley, House. Noh, Sandy, Schroeder, Stegner, Stennett. Total - 16. 244 SENATE JOURNAL March 14, 2002]

NAYS--Boatright, Brandt, Bunderson, Burtenshaw, Whereupon the Acting President declared H 574 passed, title Darrington, Deide, Frasure, Geddes, Ingram, Little, Lodge, was approved, and the bill ordered returned to the House. Richardson, Risch, Sims, Sorensen, Thorne, Wheeler, Williams. Total - 18. The President Pro Tempore returned to the Chair.

Absent and excused--Hawkins. Total - 1. H 681 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Frasure arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Less than a majority having voted in the affirmative, the Acting President declared that the motion to send H 651 to the Roll call resulted as follows: Fourteenth Order did not prevail. The question being, “Shall H 651 pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Roll call resulted as follows: Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, AYES--Andreason, Brandt, Bunderson, Burtenshaw, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Darrington, Deide, Frasure, Geddes, Goedde, Hawkins, Ingram, Stennett, Thorne, Wheeler, Williams. Total - 35. Richardson, Risch, Sorensen, Thorne, Wheeler, Williams. Total - 17. Whereupon the President Pro Tempore declared H 681 passed, title was approved, and the bill ordered returned to the NAYS--Bartlett (Branch), Boatright, Cameron, Davis, House. Dunklin, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Sandy, Schroeder, Sims, Stegner, Stennett. H 535 was read the third time at length, section by section, Total - 18. and placed before the Senate for final consideration. Senator Hill arose as sponsor of the bill and opened the debate. The question Paired and voting included in roll call: being, “Shall the bill pass?”

AYE - Hawkins NAY - Marley Roll call resulted as follows: Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared that H 651 had Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, failed to pass the Senate and ordered the bill returned to the Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, House. Ipsen, Keough, Little, Lodge, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 30. H 572, as amended, was read the third time at length, section by section, and placed before the Senate for final NAYS--Marley, Schroeder, Williams. Total - 3. consideration. Senator Wheeler arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--King-Barrutia, Noh. Total - 2. Roll call resulted as follows: Total - 35. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Whereupon the President Pro Tempore declared H 535 Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, passed, title was approved, and the bill ordered returned to the Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, House. Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. H 543 was read the third time at length, section by section, Whereupon the Acting President declared H 572, as and placed before the Senate for final consideration. Senator amended, passed, title was approved, and the bill ordered Dunklin arose as sponsor of the bill and opened the debate. The returned to the House. question being, “Shall the bill pass?”

H 574 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Ipsen arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Brandt, question being, “Shall the bill pass?” Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Roll call resulted as follows: Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Stennett, Thorne, Wheeler, Williams. Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 543 Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the President Pro Tempore declared Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, passed, title was approved, and the bill ordered returned to the Stennett, Thorne, Wheeler, Williams. Total - 35. House. [March 14, 2002 SENATE JOURNAL 245

H 553 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Brandt arose as sponsor of the bill and opened the debate. The Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared H 523, as Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, amended, as amended, passed, title was approved, and the bill Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, ordered returned to the House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, H 726 was read the third time at length, section by section, Stennett, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senators Noh, Sandy, and Stennett arose as co-sponsors of the bill and Whereupon the President Pro Tempore declared H 553 opened the debate. The question being, “Shall the bill pass?” passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 595 was read the third time at length, section by section, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, and placed before the Senate for final consideration. Senator Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Wheeler arose as sponsor of the bill and opened the debate. The Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, question being, “Shall the bill pass?” Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the President Pro Tempore declared H 726 Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, passed, title was approved, and the bill ordered returned to the Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, House. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, The President Pro Tempore called Senator Sims to the Stennett, Thorne, Wheeler, Williams. Total - 35. Chair.

Whereupon the President Pro Tempore declared H 595 H 477 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator passed, title was approved, and the bill ordered returned to the Boatright arose as sponsor of the bill and opened the debate. The House. question being, “Shall the bill pass?”

H 555, as amended, was read the third time at length, Roll call resulted as follows: section by section, and placed before the Senate for final consideration. Senators Stennett and Little arose as co-sponsors AYES--Andreason, Bartlett (Branch), Boatright, Brandt, of the bill and opened the debate. The question being, “Shall the Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, bill pass?” Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Roll call resulted as follows: Stennett, Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Whereupon the Acting President declared H 477 passed, title Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, was approved, and the bill ordered returned to the House. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, H 643, as amended, was read the third time at length, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, section by section, and placed before the Senate for final Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, consideration. Senator Boatright arose as sponsor of the bill and Stennett, Thorne, Wheeler, Williams. Total - 35. opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Whereupon the President Pro Tempore declared H 555, as amended, passed, title was approved, and the bill ordered AYES--Andreason, Bartlett (Branch), Boatright, Brandt, returned to the House. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, H 523, as amended, as amended, was read the third time at Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, length, section by section, and placed before the Senate for final Stennett, Thorne, Wheeler, Williams. Total - 35. consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared H 643, as amended, passed, title was approved, and the bill ordered Roll call resulted as follows: returned to the House. 246 SENATE JOURNAL March 14, 2002]

The Acting President called Senator Richardson to the Chair. AYES--Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Geddes, Goedde, Hill, Ipsen, H 665 was read the third time at length, section by section, Keough, Little, Lodge, Marley, Noh, Risch, Sandy, Sorensen, and placed before the Senate for final consideration. Senator Stegner, Thorne. Total - 21. Ingram arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Davis, Deide, Schroeder, Sims. Total - 4.

Roll call resulted as follows: Absent and excused--Bartlett (Branch), Dunklin, Frasure, Hawkins, Ingram, King-Barrutia, Richardson, Stennett, Wheeler, AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, Williams. Total - 10. Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Marley, Total - 35. Richardson, Sims. Total - 19. Whereupon the President Pro Tempore declared H 657 NAYS--Davis, Geddes, Goedde, Little, Lodge, Noh, Risch, passed, title was approved, and the bill ordered returned to the Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, House. Williams. Total - 14. H 570, as amended, was read the third time at length, Absent and excused--Brandt, Stennett. Total - 2. section by section, and placed before the Senate for final consideration. Senator Hill arose as sponsor of the bill and Total - 35. opened the debate. The question being, “Shall the bill pass?”

Whereupon the Acting President declared H 665 passed, title Roll call resulted as follows: was approved, and the bill ordered returned to the House. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, H 589 was read the third time at length, section by section, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, and placed before the Senate for final consideration. Senator Hill Geddes, Goedde, Hill, Ipsen, Little, Lodge, Marley, Noh, Risch, arose as sponsor of the bill and opened the debate. The question Schroeder, Sims, Sorensen, Stegner, Thorne. Total - 24. being, “Shall the bill pass?” NAYS--Keough. Total - 1. Roll call resulted as follows: Absent and excused--Dunklin, Frasure, Hawkins, Ingram, AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, King-Barrutia, Richardson, Sandy, Stennett, Wheeler, Williams. Burtenshaw, Davis, Deide, Dunklin, Frasure, Goedde, Hawkins, Total - 10. Hill, Ipsen, King-Barrutia, Lodge, Marley, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. Total - 35. Total - 25. Whereupon the President Pro Tempore declared H 570, as NAYS--Cameron, Darrington, Geddes, Keough, Little, Noh, amended, passed, title was approved, and the bill ordered Sandy. Total - 7. returned to the House.

Absent and excused--Brandt, Ingram, Stennett. Total - 3. H 590, as amended, was read the third time at length, section by section, and placed before the Senate for final Total - 35. consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the Acting President declared H 589 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

The President Pro Tempore returned to the Chair. AYES--Bartlett (Branch), Boatright, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Geddes, Goedde, Hill, H 634, as amended, was read the third time at length, Ipsen, Keough, Little, Lodge, Marley, Noh, Risch, Sandy, section by section, and placed before the Senate for final Schroeder, Sims, Sorensen, Stegner, Thorne. Total - 23. consideration. Senator Dunklin arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Hawkins. Total - 1. On request by Senator Dunklin, granted by unanimous consent, H 634, as amended, retained its place on the Third Absent and excused--Andreason, Brandt, Deide, Dunklin, Reading Calendar for one legislative day. Frasure, Ingram, King-Barrutia, Richardson, Stennett, Wheeler, Williams. Total - 11. H 657 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President Pro Tempore declared H 590, as amended, passed, title was approved, and the bill ordered Roll call resulted as follows: returned to the House. [March 14, 2002 SENATE JOURNAL 247

The President Pro Tempore called Senator Goedde to the Whereupon the Acting President declared H 620, as Chair. amended, passed, title was approved, and the bill ordered returned to the House. H 393 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 623 was read the third time at length, section by section, Lodge arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Davis arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Dunklin, Geddes, Goedde, Hill, Ipsen, Little, Lodge, Marley, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Wheeler, Williams. Total - 27. Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, NAYS--Hawkins, Keough, Thorne. Total - 3. Stennett, Thorne, Wheeler, Williams. Total - 35.

Absent and excused--Frasure, Ingram, King-Barrutia, Whereupon the Acting President declared H 623 passed, title Richardson, Stennett. Total - 5. was approved, and the bill ordered returned to the House.

Total - 35. H 680 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the Acting President declared H 393 passed, title Wheeler arose as sponsor of the bill and opened the debate. The was approved, and the bill ordered returned to the House. question being, “Shall the bill pass?”

H 395 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Wheeler arose as sponsor of the bill and opened the debate. The AYES--Andreason, Bartlett (Branch), Boatright, Brandt, question being, “Shall the bill pass?” Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Roll call resulted as follows: Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Stennett, Thorne, Wheeler, Williams. Total - 35. Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Whereupon the Acting President declared H 680 passed, title Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, was approved, and the bill ordered returned to the House. Stennett, Thorne, Wheeler, Williams. Total - 35. On request by Senator Risch, granted by unanimous consent, Whereupon the Acting President declared H 395 passed, title H 557, H 577, and H 579, as amended, having been held, were was approved, and the bill ordered returned to the House. placed before the Senate for consideration at this time.

On request by Senator Risch, granted by unanimous consent, H 557 was read the third time at length, section by section, H 557, H 577, and H 579, as amended, retained their place on the Third Reading Calendar. and placed before the Senate for final consideration. Senator King-Barrutia arose as sponsor of the bill and opened the debate. H 620, as amended, was read the third time at length, The question being, “Shall the bill pass?” section by section, and placed before the Senate for final consideration. Senator Bunderson arose as sponsor of the bill and Roll call resulted as follows: opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Roll call resulted as follows: Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, AYES--Andreason, Bunderson, Cameron, Darrington, Davis, Dunklin, Frasure, Geddes, Goedde, Ipsen, Keough, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, King-Barrutia, Little, Lodge, Risch, Sandy, Stegner, Thorne, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Wheeler, Williams. Total - 20. Stennett, Thorne, Wheeler, Williams. Total - 35.

NAYS--Bartlett (Branch), Boatright, Brandt, Burtenshaw, Whereupon the Acting President declared H 557 passed, title Deide, Hawkins, Hill, Marley, Noh, Schroeder, Sims. was approved, and the bill ordered returned to the House. Total - 11. H 577 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused--Ingram, Richardson, Sorensen, King-Barrutia arose as sponsor of the bill and opened the debate. Stennett. Total - 4. The question being, “Shall the bill pass?”

Total - 35. Roll call resulted as follows: 248 SENATE JOURNAL March 14, 2002]

AYES--Andreason, Bartlett (Branch), Boatright, Bunderson, HCR 62 was referred to the Tenth Order of Business, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Motions and Resolutions, and ordered held at the Secretary’s desk Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, for one legislative day. King-Barrutia, Little, Lodge, Marley, Noh, Risch, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams. March 14, 2002 Total - 30. The RESOURCES AND ENVIRONMENT Committee NAYS--None. reports out H 565, as amended, with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Absent and excused--Brandt, Cameron, Richardson, Sandy, Stennett. Total - 5. NOH, Chairman

Total - 35. There being no objection, H 565, as amended, was referred to the Fourteenth Order of Business, General Calendar. Whereupon the Acting President declared H 577 passed, title was approved, and the bill ordered returned to the House. March 14, 2002

H 579, as amended, was read the third time at length, The RESOURCES AND ENVIRONMENT Committee section by section, and placed before the Senate for final reports out H 685, as amended, with the recommendation that it consideration. Senator King-Barrutia arose as sponsor of the bill do pass. and opened the debate. The question being, “Shall the bill pass?” NOH, Chairman Roll call resulted as follows: H 685, as amended, was filed for second reading. AYES--Andreason, Bartlett (Branch), Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, March 14, 2002 Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, The JUDICIARY AND RULES Committee reports that Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Enrolled S 1295, S 1313, S 1314, S 1315, S 1316, S 1332, Stennett, Thorne, Wheeler, Williams. Total - 35. S 1385, S 1386, S 1500, S 1501, S 1503, S 1504, S 1507, S 1508, S 1509, S 1510, S 1511, S 1512, S 1513, S 1514, and Whereupon the Acting President declared H 579, as S 1515 were delivered to the Office of the Governor at 2:58 p.m., amended, passed, title was approved, and the bill ordered March 14, 2002. returned to the House. DARRINGTON, Chairman The President Pro Tempore returned to the Chair. The report was ordered filed in the office of the Secretary of H 581, as amended, was read the third time at length, the Senate. section by section, and placed before the Senate for final consideration. Acting Senator Bartlett arose as sponsor of the bill March 14, 2002 and opened the debate. The question being, “Shall the bill pass?” The JUDICIARY AND RULES Committee reports that Roll call resulted as follows: Enrolled S 1344, S 1402, S 1407, S 1408, S 1410, S 1454, S 1486, S 1487, S 1488, S 1489, S 1490, S 1491, S 1492, AYES--Andreason, Bartlett (Branch), Boatright, Brandt, S 1493, and S 1494 were delivered to the Office of the Governor Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, at 2:59 p.m., March 14, 2002. Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, DARRINGTON, Chairman Stennett, Thorne, Wheeler, Williams. Total - 35. The report was ordered filed in the office of the Secretary of Whereupon the President Pro Tempore declared H 581, as the Senate. amended, passed, title was approved, and the bill ordered returned to the House. March 14, 2002

On request by Senator Risch, granted by unanimous consent, The JUDICIARY AND RULES Committee reports that the Senate returned to the Sixth Order of Business. Enrolled SCR 131 was delivered to the Office of the Secretary of State at 3:05 p.m., March 14, 2002. Reports of Standing Committees DARRINGTON, Chairman March 14, 2002 The report was ordered filed in the office of the Secretary of The RESOURCES AND ENVIRONMENT Committee the Senate. reports out HCR 62 with the recommendation that it do pass. On request by Senator Risch, granted by unanimous consent, NOH, Chairman the Senate advanced to the Ninth Order of Business. [March 14, 2002 SENATE JOURNAL 249

Messages from the House On request by Senator Deide, granted by unanimous consent, S 1434, as amended in the House, was referred to the Tenth March 14, 2002 Order of Business, Motions and Resolutions, for consideration as to possible concurrence in the House amendments. Mr. President: The Senate advanced to the Tenth Order of Business. I return herewith Enrolled S 1277, S 1351, as amended, S 1431, as amended, S 1444, S 1462, as amended, S 1477, Motions and Resolutions S 1502, and S 1517, which have been signed by the Speaker. The President Pro Tempore announced that the House JUKER, Chief Clerk amendments to S 1434, as amended in the House, were before the Senate for consideration as to possible concurrence. The question Enrolled S 1277, S 1351, as amended, S 1431, as amended, being, “Shall the Senate concur in the House amendments to S 1444, S 1462, as amended, S 1477, S 1502, and S 1517 were S 1434, as amended in the House?” referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. On request by Senator Deide, granted by unanimous consent, the Senate concurred by voice vote in the House amendments to March 14, 2002 S 1434, as amended in the House.

Mr. President: S 1434, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. I return herewith Enrolled S 1278, as amended in the House, S 1302, as amended, S 1308, S 1312, as amended, S 1349, as The Senate advanced to the Eleventh Order of Business. amended, S 1370, S 1379, as amended in the House, S 1388, and Introduction, First Reading, and Reference of Bills, SJM 114, which have been signed by the Speaker. House Petitions, Resolutions, and Memorials

JUKER, Chief Clerk HCR 61, by Ways and Means Committee, was introduced, read at length, and referred to the Judiciary and Rules Enrolled S 1278, as amended in the House, S 1302, as Committee. amended, S 1308, S 1312, as amended, S 1349, as amended, S 1370, S 1379, as amended in the House, and S 1388 were H 738 and H 739, by Appropriations Committee, were referred to the Judiciary and Rules Committee for transmittal to introduced, read the first time at length, and referred to the Finance Committee. the Office of the Governor. H 740, by Ways and Means Committee, was introduced, SJM 114 was referred to the Judiciary and Rules for read the first time at length, and referred to the Health and transmittal to the Office of the Secretary of State. Welfare Committee.

March 14, 2002 The Senate advanced to the Twelfth Order of Business.

Mr. President: Second Reading of Bills H 685, as amended, by Revenue and Taxation Committee, I transmit herewith HCR 61, H 738, H 739, and H 740, and was read the second time at length and filed for third reading. I return herewith S 1521, S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, S 1528, S 1319, SCR 134, S 1499, S 1390, as The Senate advanced to the Thirteenth Order of Business. amended, as amended, S 1364, S 1348, S 1365, S 1354, and S 1421, which have passed the House. Third Reading of Bills

JUKER, Chief Clerk On request by Senator Risch, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar. HCR 61, H 738, H 739, and H 740 were filed for first reading. On request by Senator Risch, granted by unanimous consent, H 500 was removed from the Consent Calendar. S 1521, S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, S 1528, S 1319, SCR 134, S 1499, S 1390, as amended, as On request by Senator Risch, granted by unanimous consent, amended, S 1364, S 1348, S 1365, S 1354, and S 1421 were the Senate advanced to the Fifteenth Order of Business. referred to the Judiciary and Rules Committee for enrolling. Miscellaneous Business March 14, 2002 On motion by Senator Risch, seconded by Senator Marley, Mr. President: by voice vote the Senate adjourned at 6 p.m. until the hour of 8 a.m., Friday, March 15, 2002. I return herewith S 1434, as amended in the House, which has passed the House. ROBERT L. GEDDES, President Pro Tempore

JUKER, Chief Clerk Attest: JEANNINE WOOD, Secretary 250 SENATE JOURNAL March 15, 2002]

______H 732 was filed for second reading.

On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. SIXTY-EIGHTH LEGISLATIVE DAY FRIDAY, MARCH 15, 2002 Motions and Resolutions

Senators Hawkins, King-Barrutia, and Lodge were recorded Senate Chamber present at this order of business. President Riggs called the Senate to order at 8 a.m. The President announced the Education Committee report Roll call showed all members present except Senators Deide, relative to the Gubernatorial appointment of General Darrell Dunklin, Frasure, Hawkins, Ipsen, Keough, King-Barrutia, Manning was before the Senate for final consideration, the Little, Lodge, Sandy, and Stennett, absent and excused. question being, “Shall the report be adopted?”

Prayer was offered by Chaplain C. Leon Johnson. On motion by Senator Thorne, seconded by Senator Stennett, the Gubernatorial appointment of General Darrell Manning as a The Senate advanced to the Third Order of Business. member of the Idaho State Board of Education was confirmed by Reading and Correction of the Journal voice vote.

Senators Deide, Ipsen, Little, and Sandy were recorded The President declared the report adopted and directed the present at this order of business. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to by the The JUDICIARY AND RULES Committee reports that the Secretary, to be transmitted to the Governor informing him of the Senate Journal of the proceedings of March 14, 2002, was read action of the Senate. and approved as corrected. The President announced that HCR 62 was before the Senate DARRINGTON, Chairman for final consideration, the question being, “Shall the resolution be adopted?” There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On motion by Senator Noh, seconded by Senator Marley, HCR 62 was adopted by voice vote, title was approved, and the On request by Senator Risch, granted by unanimous consent, resolution ordered returned to the House. the Senate advanced to the Sixth Order of Business. The Senate advanced to the Eleventh Order of Business. Reports of Standing Committees Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Senators Keough and Stennett were recorded present at this order of business. S 1434, as amended in the House, by Education Committee, was read the first time at length and filed for second reading. March 15, 2002 The Senate advanced to the Twelfth Order of Business. The JUDICIARY AND RULES Committee reports that S 1434, as amended in the House, has been correctly engrossed. Second Reading of Bills Senator Dunklin was recorded present at this order of DARRINGTON, Chairman business.

S 1434, as amended in the House, was filed for first reading. H 738 and H 739, by Appropriations Committee, were read the second time at length and filed for third reading. March 15, 2002 H 732, by Ways and Means Committee, was read the second The FINANCE Committee reports out H 738 and H 739 time at length and filed for third reading. with the recommendation that they do pass. Suspension of Rules CAMERON, Chairman On request by Senator Risch, granted by unanimous consent, H 738 and H 739 were filed for second reading. all rules of the Senate interfering with the immediate passage of S 1434, as amended in the House, were suspended, and the March 14, 2002 portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several days were The STATE AFFAIRS Committee reports out H 732 with dispensed with, this being a case of urgency, and S 1434, as the recommendation that it do pass. amended in the House, was read the second time by title and the third time at length, section by section, and put upon its final SORENSEN, Chairman passage. [March 15, 2002 SENATE JOURNAL 251

S 1434, as amended in the House, was read the second time NAYS--Risch, Sims. Total - 2. by title and the third time at length, section by section, and placed before the Senate for final consideration. Senator Deide arose as Absent and excused--Brandt, Frasure, Geddes, sponsor of the bill and opened the debate. The question being, King-Barrutia, Noh. Total - 5. “Shall the bill pass?” Total - 35. Roll call resulted as follows: Whereupon the President declared S 1391, as amended, as AYES--Andreason, Boatright, Branch, Brandt, Bunderson, amended in the House, passed, title was approved, and the bill Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, was referred to the Judiciary and Rules Committee for enrolling. Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Marley, Noh, Richardson, Risch, Schroeder, Sims, S 1326, as amended in the House, was read the third time at Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. length, section by section, and placed before the Senate for final Total - 31. consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” NAYS--Little. Total - 1. Roll call resulted as follows: Absent and excused--Frasure, Geddes, Sandy. Total - 3. AYES--Andreason, Boatright, Branch, Bunderson, Total - 35. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Whereupon the President declared S 1434, as amended in the Marley, Richardson, Risch, Sandy, Sorensen, Stennett, Thorne, House, passed, title was approved, and the bill was referred to the Wheeler, Williams. Total - 26. Judiciary and Rules Committee for enrolling. NAYS--Keough, Schroeder, Sims. Total - 3. On request by Senator Risch, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Absent and excused--Brandt, Frasure, Geddes, Hawkins, Noh, Stegner. Total - 6. Reports of Standing Committees Total - 35. March 15, 2002 Whereupon the President declared S 1326, as amended in the The HEALTH AND WELFARE Committee reports out House, passed, title was approved, and the bill was referred to the H 740 with the recommendation that it do pass. Judiciary and Rules Committee for enrolling.

IPSEN, Chairman S 1325, as amended, as amended in the House, was read the third time at length, section by section, and placed before the H 740 was filed for second reading. Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The question being, “Shall the On request by Senator Risch, granted by unanimous consent, bill pass?” the Senate advanced to the Twelfth Order of Business. Roll call resulted as follows: Second Reading of Bills AYES--Andreason, Branch, Bunderson, Burtenshaw, H 740, by Ways and Means Committee, was read the second Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, time at length and filed for third reading. Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sims, Sorensen, The Senate advanced to the Thirteenth Order of Business. Stegner, Stennett, Thorne, Wheeler, Williams. Total - 31.

Third Reading of Bills NAYS--Boatright, Brandt, Hawkins, Schroeder. Total - 4.

S 1391, as amended, as amended in the House, was read the Total - 35. third time at length, section by section, and placed before the Senate for final consideration. Senators Wheeler and Thorne Whereupon the President declared S 1325, as amended, as arose as co-sponsors of the bill and opened the debate. The amended in the House, passed, title was approved, and the bill question being, “Shall the bill pass?” was referred to the Judiciary and Rules Committee for enrolling.

Roll call resulted as follows: H 634, as amended, having previously been read the third time at length and debate having previously been opened, was AYES--Andreason, Boatright, Branch, Bunderson, placed before the Senate for final consideration at this time. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Senator Dunklin arose as sponsor of the bill and re-opened the Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, debate. The question being, “Shall the bill pass?” Marley, Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 28. Roll call resulted as follows: 252 SENATE JOURNAL March 15, 2002]

AYES--Andreason, Brandt, Bunderson, Burtenshaw, Davis, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Dunklin, Goedde, Hill, Ingram, King-Barrutia, Little, Lodge, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Marley, Noh, Risch, Schroeder, Sorensen, Stegner, Stennett, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Thorne, Wheeler, Williams. Total - 22. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, Wheeler, NAYS--Boatright, Branch, Cameron, Darrington, Deide, Williams. Total - 33. Frasure, Geddes, Hawkins, Ipsen, Keough, Richardson, Sandy, Sims. Total - 13. NAYS--None.

Total - 35. Absent and excused--Richardson, Stegner. Total - 2.

Whereupon the President declared H 634, as amended, Total - 35. passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 739 passed, title was approved, and the bill ordered returned to the House. Suspension of Rules Suspension of Rules On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of On request by Senator Risch, granted by unanimous consent, H 738 were suspended, and the portions of Section 15, Article 3, all rules of the Senate interfering with the immediate passage of of the Constitution of the State of Idaho requiring all bills to be H 740 were suspended, and the portions of Section 15, Article 3, read on three several days were dispensed with, this being a case of the Constitution of the State of Idaho requiring all bills to be of urgency, and H 738 was read the third time at length, section read on three several days were dispensed with, this being a case by section, and put upon its final passage. of urgency, and H 740 was read the third time at length, section by section, and put upon its final passage. H 738 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 740 was read the third time at length, section by section, Cameron arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Boatright, Brandt, Bunderson, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Burtenshaw, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Stennett. Total - 26. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. NAYS--Branch, Frasure, Hawkins, King-Barrutia, Sims, Thorne, Wheeler, Williams. Total - 8. NAYS--None.

Absent and excused--Cameron. Total - 1. Absent and excused--Stegner. Total - 1.

Total - 35. Total - 35. Whereupon the President declared H 740 passed, title was Whereupon the President declared H 738 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 487, as amended, was read the third time at length, Suspension of Rules section by section, and placed before the Senate for final consideration. Senator Ipsen arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of Roll call resulted as follows: H 739 were suspended, and the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be AYES--Andreason, Boatright, Branch, Brandt, Bunderson, read on three several days were dispensed with, this being a case Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, of urgency, and H 739 was read the third time at length, section Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, by section, and put upon its final passage. King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Williams. Total - 32. H 739 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--None. Keough arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Hawkins, Noh, Wheeler. Total - 3.

Roll call resulted as follows: Total - 35. [March 15, 2002 SENATE JOURNAL 253

Whereupon the President declared H 487, as amended, Roll call resulted as follows: passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Suspension of Rules Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, On request by Senator Risch, granted by unanimous consent, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, all rules of the Senate interfering with the immediate passage of Thorne, Wheeler, Williams. Total - 35. H 732 were suspended, and the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be Whereupon the President declared H 679 passed, title was read on three several days were dispensed with, this being a case approved, and the bill ordered returned to the House. of urgency, and H 732 was read the third time at length, section by section, and put upon its final passage. H 678, as amended, was read the third time at length, section by section, and placed before the Senate for final H 732 was read the third time at length, section by section, consideration. Senator Sorensen arose as sponsor of the bill and and placed before the Senate for final consideration. Senator opened the debate. The question being, “Shall the bill pass?” Cameron arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows:

Roll call resulted as follows: AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, AYES--Andreason, Branch, Brandt, Bunderson, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Burtenshaw, Cameron, Darrington, Davis, Geddes, Goedde, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Noh, Richardson, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne. Total - 24. Wheeler, Williams. Total - 34.

NAYS--Boatright, Deide, Dunklin, Frasure, Keough, NAYS--Hawkins. Total - 1. King-Barrutia, Marley, Sims, Stennett, Wheeler. Total - 10. Total - 35. Absent and excused--Williams. Total - 1. Whereupon the President declared H 678, as amended, Total - 35. passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 732 passed, title was approved, and the bill ordered returned to the House. H 668 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 663 was read the third time at length, section by section, Sandy arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, “Shall the bill pass?” Keough arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows:

Roll call resulted as follows: AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, AYES--Andreason, Boatright, Branch, Brandt, Burtenshaw, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Little, Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Thorne, Wheeler, Williams. Total - 35. Sorensen, Stegner, Stennett, Thorne, Wheeler. Total - 32. Whereupon the President declared H 668 passed, title was NAYS--None. approved, and the bill ordered returned to the House.

Absent and excused--Bunderson, Richardson, Williams. H 669 was read the third time at length, section by section, Total - 3. and placed before the Senate for final consideration. Senator Sandy arose as sponsor of the bill and opened the debate. The Total - 35. question being, “Shall the bill pass?”

Whereupon the President declared H 663 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, H 679 was read the third time at length, section by section, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, and placed before the Senate for final consideration. Senator Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough arose as sponsor of the bill and opened the debate. The Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, question being, “Shall the bill pass?” Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. 254 SENATE JOURNAL March 15, 2002]

Whereupon the President declared H 669 passed, title was On motion by Senator Risch, seconded by Senator Marley, approved, and the bill ordered returned to the House. by voice vote the Senate recessed at 12:15 p.m. until the hour of 1:30 p.m. of this day. H 707 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator RECESS Risch arose as sponsor of the bill and opened the debate. The AFTERNOON SESSION question being, “Shall the bill pass?” The Senate reconvened at 1:30 p.m., pursuant to recess, Roll call resulted as follows: President Riggs presiding.

AYES--Andreason, Boatright, Branch, Bunderson, Roll call showed all members present except Senators Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Darrington, Deide, Marley, Schroeder, Sorensen, Stennett, and Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Williams, absent and excused. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Thorne, Wheeler, Prior to recess the Senate was at the Thirteenth Order of Williams. Total - 32. Business, Third Reading of Bills. NAYS--Hawkins. Total - 1. On request by Senator Risch, granted by unanimous consent, Absent and excused--Brandt, Sorensen. Total - 2. the Senate returned to the Sixth Order of Business.

Total - 35. Reports of Standing Committees

Whereupon the President declared H 707 passed, title was Senators Darrington, Deide, Marley, Schroeder, Sorensen, approved, and the bill ordered returned to the House. and Stennett were recorded present at this order of business. H 666 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Noh March 15, 2002 arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” The JUDICIARY AND RULES Committee reports that S 1319, S 1348, S 1354, S 1364, S 1365, S 1390, as amended, as Roll call resulted as follows: amended, S 1421, S 1499, S 1521, S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, S 1528, and SCR 134 have been AYES--Andreason, Boatright, Branch, Brandt, Bunderson, correctly enrolled. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, DARRINGTON, Chairman Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. The President signed Enrolled S 1319, S 1348, S 1354, S 1364, S 1365, S 1390, as amended, as amended, S 1421, Whereupon the President declared H 666 passed, title was S 1499, S 1521, S 1522, S 1523, S 1524, S 1525, S 1526, approved, and the bill ordered returned to the House. S 1527, S 1528, and SCR 134 and ordered them transmitted to the House for the signature of the Speaker. H 684 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator March 15, 2002 Bunderson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” The JUDICIARY AND RULES Committee reports that S 1391, as amended, as amended in the House, S 1325, as Roll call resulted as follows: amended, as amended in the House, S 1326, as amended in the AYES--Andreason, Boatright, Branch, Brandt, Bunderson, House, and S 1434, as amended in the House, have been correctly Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, enrolled. Frasure, Geddes, Goedde, Hill, Ipsen, King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Sorensen, Stegner, DARRINGTON, Chairman Stennett, Thorne, Wheeler, Williams. Total - 29. The President signed Enrolled S 1391, as amended, as NAYS--Keough, Noh, Schroeder, Sims. Total - 4. amended in the House, S 1325, as amended, as amended in the House, S 1326, as amended in the House, and S 1434, as Absent and excused--Hawkins, Ingram. Total - 2. amended in the House, and ordered them transmitted to the House

Total - 35. for the signature of the Speaker.

Whereupon the President declared H 684 passed, title was On request by Senator Risch, granted by unanimous consent, approved, and the bill ordered returned to the House. the Senate advanced to the Ninth Order of Business. [March 15, 2002 SENATE JOURNAL 255

Messages from the House March 15, 2002

March 15, 2002 Mr. President:

Mr. President: I return herewith S 1359, as amended in the House, as amended in the House, S 1474, as amended in the House, S 1478, I transmit herewith Enrolled H 569, H 658, H 616, H 619, as amended, as amended in the House, and S 1451, as amended H 691, H 692, H 693, H 694, H 695, H 696, H 697, H 698, in the House, which have passed the House. H 699, H 671, H 608, as amended, H 485, H 484, H 522, H 644, H 645, H 534, H 394, H 406, H 604, H 541, HCR 58, JUKER, Chief Clerk HJM 21, H 627, H 628, H 700, H 701, H 705, H 706, H 708, H 709, H 710, H 711, H 712, H 713, H 714, H 715, H 716, On request by Senator Risch, granted by unanimous consent, H 719, H 720, H 721, H 722, H 723, H 588, and H 662 for the S 1359, as amended in the House, as amended in the House, signature of the President. S 1474, as amended in the House, S 1478, as amended, as amended in the House, and S 1451, as amended in the House, JUKER, Chief Clerk were referred to the Tenth Order of Business, Motions and Resolutions, for consideration as to possible concurrence in the The President signed Enrolled H 569, H 658, H 616, H 619, House amendments. H 691, H 692, H 693, H 694, H 695, H 696, H 697, H 698, H 699, H 671, H 608, as amended, H 485, H 484, H 522, The Senate advanced to the Tenth Order of Business. H 644, H 645, H 534, H 394, H 406, H 604, H 541, HCR 58, HJM 21, H 627, H 628, H 700, H 701, H 705, H 706, H 708, Motions and Resolutions H 709, H 710, H 711, H 712, H 713, H 714, H 715, H 716, H 719, H 720, H 721, H 722, H 723, H 588, and H 662 and The President announced that the House amendments to ordered them returned to the House. S 1359, as amended in the House, as amended in the House, S 1474, as amended in the House, S 1478, as amended, as March 15, 2002 amended in the House, and S 1451, as amended in the House, were before the Senate for consideration as to possible Mr. President: concurrence, the question being, “Shall the Senate concur in the House amendments to S 1359, as amended in the House, as I transmit herewith Enrolled H 653, H 482, H 648, H 494, amended in the House, S 1474, as amended in the House, S 1478, H 572, as amended, H 574, H 681, H 535, H 543, H 553, as amended, as amended in the House, and S 1451, as amended H 595, H 555, as amended, H 523, as amended, as amended, in the House?” H 726, H 477, H 643, as amended, H 665, H 589, H 657, H 570, as amended, H 590, as amended, H 393, H 395, H 620, On request by Senator Sandy, granted by unanimous consent, as amended, H 623, H 680, H 557, H 577, H 579, as amended, the Senate concurred by voice vote in the House amendments to and H 581, as amended, for the signature of the President. S 1359, as amended in the House, as amended in the House.

JUKER, Chief Clerk On request by Senator Deide, granted by unanimous consent, the Senate concurred by voice vote in the House amendments to The President signed Enrolled H 653, H 482, H 648, H 494, S 1474, as amended in the House. H 572, as amended, H 574, H 681, H 535, H 543, H 553, H 595, H 555, as amended, H 523, as amended, as amended, On request by Senator Bunderson, granted by unanimous H 726, H 477, H 643, as amended, H 665, H 589, H 657, consent, the Senate concurred by voice vote in the House H 570, as amended, H 590, as amended, H 393, H 395, H 620, amendments to S 1478, as amended, as amended in the House. as amended, H 623, H 680, H 557, H 577, H 579, as amended, and H 581, as amended, and ordered them returned to the House. On request by Senator Dunklin, granted by unanimous consent, the Senate concurred by voice vote in the House March 15, 2002 amendments to S 1451, as amended in the House.

Mr. President: S 1359, as amended in the House, as amended in the House, S 1474, as amended in the House, S 1478, as amended, as I transmit herewith Enrolled H 585, as amended in the amended in the House, and S 1451, as amended in the House, Senate, H 550, as amended in the Senate, H 505, as amended, as were referred to the Judiciary and Rules Committee for amended in the Senate, and H 566, as amended in the Senate, for engrossing. the signature of the President. On request by Senator Risch, granted by unanimous consent, JUKER, Chief Clerk the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills The President signed Enrolled H 585, as amended in the Senate, H 550, as amended in the Senate, H 505, as amended, as H 688 was read the third time at length, section by section, amended in the Senate, and H 566, as amended in the Senate, and and placed before the Senate for final consideration. Senator ordered them returned to the House. Wheeler arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” 256 SENATE JOURNAL March 15, 2002]

Roll call resulted as follows: Whereupon the President declared H 631 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, H 529, as amended, was read the third time at length, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, section by section, and placed before the Senate for final Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, consideration. Senator Little arose as sponsor of the bill and Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, opened the debate. The question being, “Shall the bill pass?” Thorne, Wheeler, Williams. Total - 35. Roll call resulted as follows: Whereupon the President declared H 688 passed, title was approved, and the bill ordered returned to the House. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, H 731, as amended, was read the third time at length, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, section by section, and placed before the Senate for final King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, consideration. Senator Richardson arose as sponsor of the bill Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, and opened the debate. The question being, “Shall the bill pass?” Wheeler, Williams. Total - 34.

Roll call resulted as follows: NAYS--Hawkins. Total - 1.

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Total - 35. Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Whereupon the President declared H 529, as amended, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, passed, title was approved, and the bill ordered returned to the Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, House. Thorne, Wheeler, Williams. Total - 35. H 640, as amended, was read the third time at length, Whereupon the President declared H 731, as amended, section by section, and placed before the Senate for final passed, title was approved, and the bill ordered returned to the consideration. Senator Bunderson arose as sponsor of the bill and House. opened the debate. The question being, “Shall the bill pass?”

H 733 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Ingram arose as sponsor of the bill and opened the debate. The AYES--Andreason, Brandt, Bunderson, Davis, Deide, question being, “Shall the bill pass?” Dunklin, Goedde, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Roll call resulted as follows: Thorne, Wheeler. Total - 22.

AYES--Boatright, Branch, Brandt, Bunderson, Burtenshaw, NAYS--Boatright, Branch, Burtenshaw, Cameron, Cameron, Darrington, Davis, Geddes, Goedde, Hill, Ingram, Darrington, Frasure, Geddes, Hawkins, Keough, King-Barrutia, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Schroeder, Sims, Williams. Total - 13. Risch, Sandy, Sims, Sorensen, Stegner, Thorne, Williams. Total - 26. Total - 35.

NAYS--Andreason, Dunklin, Frasure, Hawkins, Marley, Whereupon the President declared H 640, as amended, Schroeder, Stennett, Wheeler. Total - 8. passed, title was approved, and the bill ordered returned to the

Absent and excused--Deide. Total - 1. House.

Total - 35. H 702 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 733 passed, title was Darrington arose as sponsor of the bill and opened the debate. approved, and the bill ordered returned to the House. The question being, “Shall the bill pass?”

H 631 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Roll call resulted as follows: Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Thorne, Wheeler, Williams. Total - 35. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Whereupon the President declared H 702 passed, title was Thorne, Wheeler, Williams. Total - 35. approved, and the bill ordered returned to the House. [March 15, 2002 SENATE JOURNAL 257

H 548, as amended, was read the third time at length, Roll call resulted as follows: section by section, and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and AYES--Andreason, Boatright, Branch, Brandt, Bunderson, opened the debate. The question being, “Shall the bill pass?” Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Roll call resulted as follows: Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Thorne, Wheeler, Williams. Total - 35. Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Whereupon the Acting President declared H 737 passed, title Lodge, Marley, Noh, Richardson, Risch, Sandy, Sorensen, was approved, and the bill ordered returned to the House. Stegner, Thorne, Wheeler, Williams. Total - 29. H 652 was read the third time at length, section by section, NAYS--Davis, Geddes, Hawkins, Schroeder, Sims. and placed before the Senate for final consideration. Senator Total - 5. Stegner arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Stennett. Total - 1. Roll call resulted as follows: Total - 35. AYES--Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Whereupon the President declared H 548, as amended, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, passed, title was approved, and the bill ordered returned to the Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, House. Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 33. H 687 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS--Hawkins. Total - 1. Andreason arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Absent and excused--Andreason. Total - 1.

Roll call resulted as follows: Total - 35.

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Whereupon the Acting President declared H 652 passed, title Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, was approved, and the bill ordered returned to the House. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, H 724 was read the third time at length, section by section, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, and placed before the Senate for final consideration. Senator Thorne, Wheeler, Williams. Total - 35. Bunderson arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Whereupon the President declared H 687 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

H 736 was read the third time at length, section by section, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, and placed before the Senate for final consideration. Senator Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Burtenshaw arose as sponsor of the bill and opened the debate. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, The question being, “Shall the bill pass?” Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Roll call resulted as follows: Thorne, Wheeler, Williams. Total - 35.

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Whereupon the Acting President declared H 724 passed, title Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, was approved, and the bill ordered returned to the House. Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, H 735 was read the third time at length, section by section, Thorne, Wheeler, Williams. Total - 35. and placed before the Senate for final consideration. Senators King-Barrutia and Darrington arose as co-sponsors of the bill and Whereupon the President declared H 736 passed, title was opened the debate. The question being, “Shall the bill pass?” approved, and the bill ordered returned to the House. Roll call resulted as follows:

The President called Senator Cameron to the Chair. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, H 737 was read the third time at length, section by section, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, and placed before the Senate for final consideration. Senator Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Richardson arose as sponsor of the bill and opened the debate. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, The question being, “Shall the bill pass?” Thorne, Wheeler, Williams. Total - 35. 258 SENATE JOURNAL March 15, 2002]

Whereupon the Acting President declared H 735 passed, title H 504 was read the third time at length, section by section, was approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Andreason arose as sponsor of the bill and opened the debate. H 729 was read the third time at length, section by section, The question being, “Shall the bill pass?” and placed before the Senate for final consideration. President Pro Tempore Geddes arose as sponsor of the bill and opened the Roll call resulted as follows: debate. The question being, “Shall the bill pass?” AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Roll call resulted as follows: Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Wheeler, Williams. Total - 34. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, NAYS--None. Thorne, Wheeler, Williams. Total - 35. Absent and excused--Hawkins. Total - 1. Whereupon the Acting President declared H 729 passed, title was approved, and the bill ordered returned to the House. Total - 35.

H 685, as amended, was read the third time at length, Whereupon the President declared H 504 passed, title was section by section, and placed before the Senate for final approved, and the bill ordered returned to the House. consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” H 584 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Goedde arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Roll call resulted as follows: Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Thorne, Wheeler, Williams. Total - 35. Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Whereupon the Acting President declared H 685, as Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, amended, passed, title was approved, and the bill ordered Wheeler, Williams. Total - 34. returned to the House. NAYS--None. The President returned to the Chair. Absent and excused--Hawkins. Total - 1.

H 500 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. Whereupon the President declared H 584 passed, title was The question being, “Shall the bill pass?” approved, and the bill ordered returned to the House.

Roll call resulted as follows: H 592 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Goedde arose as sponsor of the bill and opened the debate. The Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, question being, “Shall the bill pass?” Goedde, Hill, Ipsen, King-Barrutia, Little, Marley, Noh, Roll call resulted as follows: Richardson, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne. Total - 26. AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, NAYS--Davis, Hawkins, Ingram, Keough, Lodge, Risch, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Wheeler, Williams. Total - 8. Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Absent and excused--Geddes. Total - 1. NAYS--None. Total - 35. Absent and excused--Hawkins. Total - 1. Whereupon the President declared H 500 passed, title was approved, and the bill ordered returned to the House. Total - 35. [March 15, 2002 SENATE JOURNAL 259

Whereupon the President declared H 592 passed, title was Whereupon the President declared H 583 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House.

H 502 was read the third time at length, section by section, H 540 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. Andreason arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” The question being, “Shall the bill pass?”

Roll call resulted as follows: Roll call resulted as follows:

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 34. Wheeler, Williams. Total - 34.

NAYS--None. NAYS--None.

Absent and excused--Hawkins. Total - 1. Absent and excused--Hawkins. Total - 1.

Total - 35. Total - 35. Whereupon the President declared H 502 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 540 passed, title was approved, and the bill ordered returned to the House. H 599, as amended, was read the third time at length, section by section, and placed before the Senate for final H 660 was read the third time at length, section by section, consideration. Senator Dunklin arose as sponsor of the bill and and placed before the Senate for final consideration. Senator opened the debate. The question being, “Shall the bill pass?” Andreason arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, “Shall the bill pass?”

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Roll call resulted as follows: Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, Wheeler, Williams. Total - 34. King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, NAYS--None. Wheeler, Williams. Total - 34.

Absent and excused--Hawkins. Total - 1. NAYS--None.

Total - 35. Absent and excused--Hawkins. Total - 1.

Whereupon the President declared H 599, as amended, Total - 35. passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 660 passed, title was approved, and the bill ordered returned to the House. H 583 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator On request by Senator Risch, granted by unanimous consent, Andreason arose as sponsor of the bill and opened the debate. the Senate advanced to the Fourteenth Order of Business. The question being, “Shall the bill pass?” General Calendar Roll call resulted as follows: The President declared the Senate resolved into the AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Committee of the Whole and called Senator Sandy to the Chair to Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, preside during the sitting of the Committee of the Whole. Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Following the adjournment of the Committee of the Whole, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, the President called the Senate to order. Wheeler, Williams. Total - 34.

NAYS--None. Report of the Committee of the Whole

Absent and excused--Hawkins. Total - 1. Senator Sandy, Chairman of the Committee of the Whole, reported out H 610, as amended, without recommendation, Total - 35. amended as follows: 260 SENATE JOURNAL March 15, 2002]

SENATE AMENDMENTS TO H 610, As Amended The report was ordered filed in the office of the Secretary of AMENDMENT TO SECTION 4 the Senate. On page 7 of the engrossed bill, following line 35, insert: "(5) In the event the student terminates their school March 15, 2002 enrollment in the district in which they have qualified for a restricted school attendance driving permit, the permit shall be The JUDICIARY AND RULES Committee reports that canceled.". S 1359, as amended in the House, as amended in the House, AMENDMENTS TO SECTION 5 S 1474, as amended in the House, S 1478, as amended, as On page 8, in line 6, delete "When signing for a restricted amended in the House, and S 1451, as amended in the House, school atten-", delete line 7 and in line 8, delete "attest that the have been correctly engrossed. conditions set forth within section 49-307A, are met."; and in line 10, following "age." insert: "When signing for a restricted school DARRINGTON, Chairman attendance driving permit, the person signing the applicant's application shall attest that the conditions set forth within section S 1359, as amended in the House, as amended in the House, 49-307A, Idaho Code, are met. Each application for a restricted S 1474, as amended in the House, S 1478, as amended, as school attendance driving permit shall also be signed by the local S 1451, county sheriff, the president of the board of trustees of the local amended in the House, and as amended in the House, school district, and the school principal of the applicant's school, were filed for first reading. verifying that the conditions set forth within section 49-307A, Idaho Code, are met.". March 15, 2002

CORRECTIONS TO TITLE The JUDICIARY AND RULES Committee reports that On page 1, in line 11, following "PERMITS" insert: "AND Senate amendments to H 610, as amended, have been correctly TO PROVIDE THAT CERTAIN OFFICIALS SHALL SIGN printed. APPLICATIONS FOR RESTRICTED SCHOOL ATTENDANCE DRIVING PERMITS VERIFYING THAT REQUIRED CONDITIONS FOR ISSUANCE HAVE BEEN DARRINGTON, Chairman MET". The report was ordered filed in the office of the Secretary of The committee also has under consideration H 474, S 1387, the Senate. and H 565, as amended, reports progress, and begs leave to sit again. On request by Senator Risch, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. SANDY, Chairman

On motion by Senator Sandy, seconded by Senator Stennett, Messages from the House the report was adopted by voice vote. March 15, 2002 H 610, as amended, as amended in the Senate, was filed for first reading as amended, and the amendments thereto were Mr. President: referred to the Judiciary and Rules Committee for printing. I transmit herewith Enrolled HCR 62, H 634, as amended, On request by Senator Risch, granted by unanimous consent, H 738, H 739, H 740, H 487, as amended, H 732, H 663, the Senate returned to the Sixth Order of Business. H 679, H 678, as amended, H 668, H 669, H 707, H 666, and Reports of Standing Committees H 684 for the signature of the President.

March 15, 2002 JUKER, Chief Clerk

The JUDICIARY AND RULES Committee reports that The President signed Enrolled HCR 62, H 634, as amended, Enrolled S 1277, S 1278, as amended in the House, S 1302, as H 738, H 739, H 740, H 487, as amended, H 732, H 663, amended, S 1308, S 1312, as amended, S 1349, as amended, H 679, H 678, as amended, H 668, H 669, H 707, H 666, and S 1351, as amended, S 1370, S 1379, as amended in the House, H 684 and ordered them returned to the House. S 1388, S 1431, as amended, S 1444, S 1462, as amended, S 1477, S 1502, and S 1517 were delivered to the Office of the March 15, 2002 Governor at 2:10 p.m., March 15, 2002. Mr. President: DARRINGTON, Chairman I return herewith S 1485, S 1506, S 1496, S 1519, S 1495, The report was ordered filed in the office of the Secretary of S 1425, S 1458, as amended, S 1442, as amended, S 1472, as amended, as amended, and S 1529 which have passed the House. the Senate. JUKER, Chief Clerk March 15, 2002 S 1485, S 1506, S 1496, S 1519, S 1495, S 1425, S 1458, The JUDICIARY AND RULES Committee reports that as amended, S 1442, as amended, S 1472, as amended, as Enrolled SJM 114 was delivered to the Office of the Secretary of amended, and S 1529 were referred to the Judiciary and Rules State at 2:50 p.m., March 15, 2002. Committee for enrolling.

DARRINGTON, Chairman DARRINGTON, Chairman [March 15, 2002 SENATE JOURNAL 261

On request by Senator Risch, granted by unanimous consent, Messages from the House the Senate advanced to the Eleventh Order of Business. March 15, 2002 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Mr. President:

H 610, as amended, as amended in the Senate, by I return herewith Enrolled S 1391, as amended, as amended Transportation and Defense Committee, was read the first time at in the House, S 1325, as amended, as amended in the House, length and filed for second reading. S 1326, as amended in the House, S 1434, as amended in the House, S 1319, S 1348, S 1354, S 1364, S 1365, S 1390, as S 1359, as amended in the House, as amended in the House, amended, as amended, S 1421, S 1499, S 1521, S 1522, S 1523, by Transportation Committee, was read the first time at length S 1524, S 1525, S 1526, S 1527, S 1528 and SCR 134, which and filed for second reading. have been signed by the Speaker.

S 1474, as amended in the House, and S 1451, as amended JUKER, Chief Clerk in the House, by Judiciary and Rules Committee, were read the first time at length and filed for second reading. Enrolled S 1391, as amended, as amended in the House, S 1325, as amended, as amended in the House, S 1326, as S 1478, as amended, as amended in the House, by State amended in the House, S 1434, as amended in the House, S 1319, Affairs Committee, was read the first time at length and filed for S 1348, S 1354, S 1364, S 1365, S 1390, as amended, as second reading. amended, S 1421, S 1499, S 1521, S 1522, S 1523, S 1524, S 1525, S 1526, S 1527, and S 1528 were referred to the The Senate advanced to the Twelfth Order of Business. Judiciary and Rules Committee for transmittal to the Office of the Governor. Second Reading of Bills Enrolled SCR 134 was referred to the Judiciary and Rules Suspension of Rules Committee for transmittal to the Office of the Secretary of State.

On request by Senator Risch, granted by unanimous consent, On request by President Pro Tempore Geddes, granted by all rules of the Senate interfering with the immediate passage of unanimous consent, the Honor Guard Detail from the Fire and H 610, as amended, as amended in the Senate, were suspended, Police Departments of the City of Boise, accompanied by the and the portions of Section 15, Article 3, of the Constitution of Honor Guard Piper, entered the Chamber and the flag which had the State of Idaho requiring all bills to be read on three several flown over the Senate dome during the Second Regular Session days were dispensed with, this being a case of urgency, and of the Fifty-sixth Idaho Legislature was presented to the Senate. H 610, as amended, as amended in the Senate, was read the Mr. George Gorsuch led the Senate in singing “Here We Have second time by title and the third time at length, section by Idaho.” The Honor Guard exited the Chamber. President Pro section, and put upon its final passage. Tempore Geddes then presented the flag to retiring Majority Leader Risch to commemorate his years of Senate service. H 610, as amended, as amended in the Senate, was read the second time by title and the third time at length, section by On request by Senator Risch, granted by unanimous consent, section, and placed before the Senate for final consideration. the Senate advanced to the Twelfth Order of Business. Senators Deide and Sandy arose as co-sponsors of the bill and opened the debate. The question being, “Shall the bill pass?” Second Reading of Bills

Roll call resulted as follows: Suspension of Rules

AYES--Andreason, Branch, Brandt, Bunderson, On request by Senator Risch, granted by unanimous consent, Burtenshaw, Darrington, Deide, Dunklin, Hill, Ingram, Ipsen, all rules of the Senate interfering with the immediate passage of Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, S 1359, as amended in the House, as amended in the House, were Risch, Sandy, Schroeder, Sims, Sorensen, Stennett, Thorne, suspended, and the portions of Section 15, Article 3, of the Wheeler, Williams. Total - 27. Constitution of the State of Idaho requiring all bills to be read on three several days were dispensed with, this being a case of NAYS--Boatright, Cameron, Davis, Frasure, Geddes, urgency, and S 1359, as amended in the House, as amended in Goedde, Hawkins, Stegner. Total - 8. the House, was read the second time by title and the third time at length, section by section, and put upon its final passage. Total - 35. S 1359, as amended in the House, as amended in the House, Whereupon the President declared H 610, as amended, as was read the second time by title and the third time at length, amended in the Senate, passed, title was approved, and the bill section by section, and placed before the Senate for final ordered returned to the House. consideration. Senator Sandy arose as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” On request by Senator Risch, granted by unanimous consent, the Senate returned to the Ninth Order of Business. Roll call resulted as follows: 262 SENATE JOURNAL March 15, 2002]

AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Roll call resulted as follows: Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Thorne, Wheeler, Williams. Total - 35. Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Whereupon the President declared S 1359, as amended in the Thorne, Wheeler, Williams. Total - 35. House, as amended in the House, passed, title was approved, and the bill was referred to the Judiciary and Rules Committee for Whereupon the President declared S 1478, as amended, as enrolling. amended in the House, passed, title was approved, and the bill was referred to the Judiciary and Rules Committee for enrolling. Suspension of Rules Suspension of Rules On request by Senator Risch, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of On request by Senator Risch, granted by unanimous consent, S 1474, as amended in the House, were suspended, and the all rules of the Senate interfering with the immediate passage of portions of Section 15, Article 3, of the Constitution of the State S 1451, as amended in the House, were suspended, and the of Idaho requiring all bills to be read on three several days were portions of Section 15, Article 3, of the Constitution of the State dispensed with, this being a case of urgency, and S 1474, as of Idaho requiring all bills to be read on three several days were amended in the House, was read the second time by title and the dispensed with, this being a case of urgency, and S 1451, as third time at length, section by section, and put upon its final amended in the House, was read the second time by title and the passage. third time at length, section by section, and put upon its final passage. S 1474, as amended in the House, was read the second time by title and the third time at length, section by section, and placed S 1451, as amended in the House, was read the second time before the Senate for final consideration. Senator Deide arose as by title and the third time at length, section by section, and placed sponsor of the bill and opened the debate. The question being, before the Senate for final consideration. Senator Dunklin arose “Shall the bill pass?” as sponsor of the bill and opened the debate. The question being, “Shall the bill pass?” Roll call resulted as follows: Roll call resulted as follows: AYES--Andreason, Boatright, Brandt, Bunderson, Cameron, AYES--Andreason, Boatright, Branch, Brandt, Bunderson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Stennett, Wheeler, Williams. Total - 30. Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams. Total - 35. NAYS--Branch, Burtenshaw, Hawkins, Richardson, Thorne. Total - 5. Whereupon the President declared S 1451, as amended in the House, passed, title was approved, and the bill was referred to the Judiciary and Rules Committee for enrolling. Total - 35. Senator Stennett read the following proclamation: Whereupon the President declared S 1474, as amended in the House, passed, title was approved, and the bill was referred to the SENATE PROCLAMATION Judiciary and Rules Committee for enrolling. BY STENNETT

Suspension of Rules COMMENDING IDAHO’S PARALYMPIANS – MUFFY DAVIS, LACEY HEWARD, AND JACOB RIFE – FOR THEIR DEDICATION AND SUCCESS AT THE 2002 PARALYMPICS On request by Senator Risch, granted by unanimous consent, AT SALT LAKE CITY, UTAH all rules of the Senate interfering with the immediate passage of S 1478, as amended, as amended in the House, were suspended, Be It Resolved by the Legislature of the State of Idaho: and the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be read on three several WHEREAS, Muffy Davis is a Sun Valley resident, Stanford days were dispensed with, this being a case of urgency, and graduate, expert skier, and winner of a bronze medal in the1998 S 1478, as amended, as amended in the House, was read the Paralympics in Nagano. Following a training accident at 16, she second time by title and the third time at length, section by learned to ski on a monoski designed specifically for her abilities; section, and put upon its final passage. and WHEREAS, Lacy Heward is an Boise resident, Capital High S 1478, as amended, as amended in the House, was read the graduate and gold medalist in the 2001 Disabled World Cup second time by title and the third time at length, section by Finals in Canada. Following a weight bench accident at 16 section, and placed before the Senate for final consideration. months of age that resulted in a spinal injury, through Senator Bunderson arose as sponsor of the bill and opened the determination and athletic ability, she also learned to ski on a debate. The question being, “Shall the bill pass?” monoski designed specifically for her abilities; and [March 15, 2002 SENATE JOURNAL 263

WHEREAS, Jacob Rife is a Pocatello resident, Pocatello The committee appointed to wait upon the House of High graduate and silver medalist in a World Cup race in Austria Representatives returned and reported that it had delivered the recently. He suffered a spinal injury when he was hit by a truck President's message. The committee conveyed the Speaker's walking home from school and competes with two skis and brace- message to the President and the members of the Senate. like poles with ski tips on the ends; and WHEREAS, all three of these athletes are participating The President thanked and discharged the committee. successfully in the 2002 Paralympics in Salt Lake, representing the Great State of Idaho; and WHEREAS, Muffy Davis has won silver medals in the On motion by Senator Risch, seconded by Senator Dunklin, downhill, super-G and giant slalom; Lacy Heward has won by voice vote the Senate of the Second Regular Session of the bronze medals in the super-G and giant slalom; and Jacob Rife Fifty-sixth Legislature of the State of Idaho adjourned Sine Die at has won a bronze medal in the downhill; and 7:06 p.m., March 15, 2002. WHEREAS, each of these athletes will be competing in several more events before the closing ceremonies of these games }}}}} on Sunday, March 17; and WHEREAS, Muffy, Lacey and Jacob inspire each of us and are outstanding examples for all Idahoans–especially our Idaho March 18, 2002 athletes and the young citizens of this Great State; and WHEREAS, it is appropriate that the Legislature, on behalf S 1359, as amended in the House, as amended in the House, of the people of the State of Idaho, recognize and honor Muffy S 1425, S 1442, as amended, S 1451, as amended in the House, Davis, Lacey Heward and Jacob Rife for their exceptional S 1458, as amended, S 1472, as amended, as amended, S 1474, achievements and wish them much success as they continue in as amended in the House, S 1478, as amended, as amended in the their quest at these games and in future competition. House, S 1485, S 1495, S 1496, S 1506, S 1519, and S 1529 NOW, THEREFORE, BE IT RESOLVED by the members were enrolled, signed by the President, transmitted to the House, of the Idaho State Senate, Second Session of the Fifty-sixth Idaho Legislature that we honor Muffy Davis, Lacey Heward and Jacob signed by the Speaker, returned to the Senate, and delivered to Rife for their dedication and winning performances at the 2002 the Office of the Governor at 3:45 p.m., March 18, 2002. Paralympics at Salt Lake City, Utah. March 18, 2002 On request by Senator Stennett, granted by unanimous consent, the Senate Proclamation was adopted by voice vote and Enrolled SCR 134 was delivered to the Office of the ordered spread upon the pages of the Journal. Secretary of State at 2:43 p.m., March 18, 2002.

On request by Senator Risch, granted by unanimous consent, March 18, 2002 the Senate advanced to the Fifteenth Order of Business. Enrolled S 1319, S 1325, as amended, as amended in the Miscellaneous Business House, S 1326, as amended in the House, S 1348, S 1354, S 1364, S 1365, S 1390, as amended, as amended, S 1391, as On request by Senator Risch, granted by unanimous consent, amended, as amended in the House, S 1421, S 1434, as amended the President appointed a committee consisting of Senator Sandy, in the House, S 1499, S 1521, S 1522, S 1523, S 1524, S 1525, Chairman, and Senators Frasure, Thorne, and Dunklin to notify S 1526, S 1527, and S 1528 were delivered to the Office of the the Governor that the Senate had completed its business and was Governor at 3:45 p.m., March 18, 2002. ready to adjourn Sine Die. March 18, 2002 The President excused the committee. Enrolled H 610, as amended, as amended in the Senate, On request by Senator Risch, granted by unanimous consent, H 688, H 731, as amended, H 733, H 631, H 529, as amended, the President appointed a committee consisting of Senator H 640, as amended, H 702, H 548, as amended, H 687, H 736, Richardson, Chairman, and Senators King-Barrutia, Hill, and H 652, H 724, H 735, H 737, H 729, H 685, as amended, Marley to notify the House of Representatives that the Senate had H 500, H 504, H 584, H 592, H 502, H 599, as amended, completed its business and was ready to adjourn Sine Die. H 583, H 540, and H 660 were received from the House, signed by the President, and returned to the House. The President excused the committee. March 21, 2002 The committee appointed to wait upon the Governor returned and reported that it had delivered the President's message. The The Honorable Jack Riggs committee conveyed the Governor's message to the President and President of the Senate the members of the Senate. Idaho Legislature

The President thanked and discharged the committee. Dear Mr. President:

On request by Senator Risch, granted by unanimous consent, I have the honor to advise you that I have signed today and the President appointed a committee consisting of Senators Risch am transmitting to the Secretary of State the following Senate and Stennett to escort the committee from the House of Bills, to wit: Representatives, consisting of Representatives Gould, Hadley, and Henbest, into the Senate Chamber. The House committee S 1431, as amended, S 1434, as amended in the House, informed the President and the members of the Senate that the and S 1474, as amended in the House House of Representatives had completed its business and was ready to adjourn Sine Die. Sincerely, /s/ Dirk Kempthorne The Senate committee was discharged. Governor 264 SENATE JOURNAL March 15, 2002]

March 21, 2002 March 25, 2002

The Honorable Jack Riggs The Honorable Jack Riggs President of the Senate President of the Senate Idaho Legislature Idaho Legislature

Dear Mr. President: Dear Mr. President:

I have the honor to advise you that I have signed today and I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following Senate am transmitting to the Secretary of State the following Senate Bills, to wit: Bills, to wit:

S 1276, as amended, S 1277, S 1279, S 1281, S 1282, S 1332, S 1408, and S 1411 S 1283, S 1284, S 1285, S 1286, S 1288, as amended, S 1294, S 1295, S 1500, S 1501, S 1502, S 1503, Sincerely, S 1506, S 1507, S 1508, S 1509, S 1510, S 1513, /s/ Dirk Kempthorne S 1514, S 1515, S 1517, S 1521, S 1523, S 1524, Governor S 1525, S 1526, S 1527, and S 1278, as amended in the House March 26, 2002

Sincerely, The Honorable Jack Riggs /s/ Dirk Kempthorne President of the Senate Governor Idaho Legislature Dear Mr. President: March 22, 2002 I have the honor to advise you that I have signed today and The Honorable Jack Riggs am transmitting to the Secretary of State the following Senate President of the Senate Bills, to wit: Idaho Legislature S 1326, as amended in the House, S 1327, S 1329, Dear Mr. President: S 1333, S 1336, as amended, S 1340, S 1341, S 1342, S 1356, as amended, as amended, S 1358, S 1361, S 1362, S 1363, S 1364, S 1365, S 1369, S 1380, I have the honor to advise you that I have signed today and S 1382, as amended, S 1383, S 1384, S 1385, S 1386, am transmitting to the Secretary of State the following Senate S 1388, S 1400, S 1402, S 1406, S 1407, S 1410, Bills, to wit: S 1412, S 1422, S 1424, S 1425, S 1454, S 1458, as amended, S 1460, S 1461, S 1477, S 1478, as S 1302, as amended, S 1308, S 1312, as amended, amended, as amended in the House, S 1479, S 1480, S 1313, S 1314, S 1315, S 1316, S 1318, S 1322, S 1481, S 1482, S 1485, S 1487, S 1488, S 1489, S 1325, as amended, as amended in the House, S 1348, S 1490, S 1491, S 1492, S 1493, S 1494, S 1495, S 1499 S 1349, as amended, S 1389, as amended, S 1390, as and amended, as amended, S 1442, as amended, S 1451, as Sincerely, amended in the House, S 1462, as amended, S 1486, /s/ Dirk Kempthorne and S 1512 Governor

Sincerely, March 27, 2002 /s/ Dirk Kempthorne Governor The Honorable Jack Riggs President of the Senate March 22, 2002 Idaho Legislature

The Honorable Jack Riggs Dear Mr. President: President of the Senate Idaho Legislature I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following Senate Dear Mr. President: Bills, to wit:

I have the honor to advise you that I have signed today and S 1289, as amended, S 1319, S 1344, S 1351, as am transmitting to the Secretary of State the following Senate amended, S 1375, S 1391, as amended, as amended in Bill, to wit: the House, S 1414, S 1496, S 1504, S 1519, S 1522, S 1421 S 1528, and S 1529

Sincerely, Sincerely, /s/ Dirk Kempthorne /s/ Dirk Kempthorne Governor Governor [March 15, 2002 SENATE JOURNAL 265

March 27, 2002

The Honorable Jack Riggs President of the Senate Idaho Legislature

Dear Mr. President:

I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following Senate Bills, to wit:

S 1324, S 1354, S 1357, S 1359, as amended in the House, as amended in the House, S 1370, S 1378, S 1379, as amended in the House, S 1396, S 1417, S 1444, S 1472, as amended, as amended, and S 1511

Sincerely, /s/ Dirk Kempthorne Governor

' ' ' ' ' ' ' ' ' ' '

CERTIFICATE

State of Idaho ) ) Senate Chamber, Boise, Idaho )

We, JACK RIGGS, President of the Senate, and JEANNINE WOOD, Secretary of the Senate, do hereby certify and attest as follows:

That the daily Senate Journal of the proceedings of March 15, 2002, has been read and approved as corrected;

And, that we have carefully compiled in the Senate Journal of the Second Regular Session of the Fifty-sixth Idaho Legislature all of the proceedings of the Sixty-eighth Legislative Day, and that said Journal contains a full, true, and correct record of all proceedings of said Senate for said day and final actions upon all legislation.

IN WITNESS WHEREOF, we have hereunto set our hand this 2nd day of April, 2002.

JACK RIGGS, President

Attest: JEANNINE WOOD, Secretary SENATE INDEX 267

SENATE JOURNAL INDEX

– SECOND REGULAR SESSION –

FIFTY-SIXTH IDAHO LEGISLATURE – 2002

This index is divided into the following sections: SECOND REGULAR SESSION: Page

SECTION I Officers and Administration for the Second Regular Session, January 7, 2002 ...... 269

SECTION II Elected Members and Committee Assignments ...... 268/270

SECTION III Senate Attaches ...... 273

SECTION IV Topical Index, alphabetically arranged, of ALL Senate introductions, including ONLY House legislation received by the Senate, and Senate action on that legislation. (IF unable to locate topic, reference should be made to the House Journal's Topical Index for all House introductions and action on House legislation which did not reach the Senate.) ...... 275

SECTION V Numerical Index of Senate Bills ...... 341

SECTION VI Numerical Index of Senate Joint Resolutions ...... 372

SECTION VII Numerical Index of Senate Joint Memorials ...... 373

SECTION VIII Numerical Index of Senate Resolutions ...... 373

SECTION IX Numerical Index of Senate Proclamations (None in 2002)

SECTION X Numerical Index of Senate Concurrent Resolutions ...... 374

SECTION XI Action of the Governor on Senate Bills which passed both the Senate and House, with effective dates and Session Law Chapter Numbers cited ...... 376

SECTION XII Numerical Index of House Bills received by the Senate ...... 380

SECTION XIII Numerical Index of House Concurrent Resolutions received by the Senate ...... 409

SECTION XIV Numerical Index of House Joint Memorials received by the Senate ...... 411

SECTION XV Senate Primary Sponsors and Co-sponsors of Senate and House legislation voted on in the Senate ...... 413 268 SENATE INDEX

SECTION II

SENATE COMMITTEE ASSIGNMENTS 2002 LEGISLATURE

AGRICULTURAL AFFAIRS JUDICIARY AND RULES Williams, Chairman Darrington, Chairman Branch, Vice Chairman Stegner, Vice Chairman Noh Stennett Risch Dunklin Sorensen Sandy King-Barrutia Burtenshaw Richardson Boatright Davis Sims Lodge Little LOCAL GOVERNMENT AND TAXATION COMMERCE AND HUMAN RESOURCES Thorne, Chairman Andreason, Chairman Wheeler, Vice Chairman Goedde, Vice-Chairman Hawkins Marley Stegner Dunklin Frasure Davis Ipsen Brandt Bunderson Lodge Branch Schroeder Stegner Hill RESOURCES AND ENVIRONMENT EDUCATION Noh, Chairman Schroeder, Chairman Brandt, Vice Chairman Sims, Vice Chairman Hawkins Stennett Noh Dunklin Cameron Thorne Schroeder Andreason Frasure Williams Branch Goedde Andreason Hill Burtenshaw Williams FINANCE Little Cameron, Chairman Hawkins, Vice Chairman STATE AFFAIRS Richardson Marley Sorensen, Chairman Ingram Richardson, Vice Chairman Bunderson Risch Stennett Boatright Darrington Burtenshaw Sandy Keough Deide Geddes King-Barrutia Davis HEALTH AND WELFARE Ipsen, Chairman TRANSPORTATION Lodge, Vice Chairman Frasure, Chairman Darrington Stennett Ingram, Vice Chairman Wheeler Thorne Marley King-Barrutia Boatright Brandt Sandy Keough Deide Geddes SENATE INDEX 269

SECTION I

FIFTY-SIXTH LEGISLATURE - SECOND REGULAR SESSION - 2002

OFFICERS AND ADMINISTRATION OF THE SENATE Name Address

RIGGS, JACK ...... Coeur d’Alene Lieutenant Governor/President of the Senate

GEDDES, ROBERT L...... Soda Springs President Pro Tempore

RISCH, JAMES E...... Boise Majority Leader

SANDY, JOHN ...... Hagerman Assistant Majority Leader

DAVIS, BART M...... Idaho Falls Majority Caucus Chairman

STENNETT, CLINT ...... Ketchum Minority Leader

DUNKLIN, BETSY ...... Boise Assistant Minority Leader

MARLEY, BERT C...... McCammon Minority Caucus Chairman

WOOD, JEANNINE ...... Meridian Secretary of the Senate

HORTON, RUSTI ...... Emmett Assistant Secretary of the Senate

LUNDY, MARGARET ...... Boise Journal Clerk

MULLER, LANA ...... Boise Journal Clerk

BAXTER, DOROTHEA ...... Boise Docket Clerk

PECK, CHRISTINE ...... Boise Minority Chief of Staff

CHRISMAN, PEGGY ...... Boise Sergeant at Arms

McCARTER, DARELYN ...... Boise Administrative Assistant to the President Pro Tempore

JONES, MARY SUE ...... Boise Fiscal Assistant to the President Pro Tempore

EASTON, LOUISE ...... Boise Secretary to Assistant Majority Leader

REES, GERI ...... Boise Secretary to Majority Caucus Chairman

DICK, JOANNE ...... Boise Secretary to Majority Leader

JOHNSON, C. LEON...... Boise Chaplain 270 SENATE INDEX

SECTION II

2002 MEMBERS OF THE SENATE AND COMMITTEE ASSIGNMENTS (Certificate of Election: Page 2)

Name Address District

ANDREASON, JOHN ...... Boise ...... 15 Commerce and Human Resources - Chairman Education Resources and Environment

BOATRIGHT, CLYDE ...... Rathdrum ...... 2 Finance Transportation

BRANCH, W. RIC ...... Midvale ...... 9 Agricultural Affairs - Vice Chairman Local Government and Taxation Resources and Environment ***Replaced by Judy Bartlett February 4 through March 14, 2002, who served on same committees.

BRANDT, R. SKIPPER “Skip” ...... Kooskia ...... 7 Resources and Environment - Vice Chairman Commerce and Human Resources Health and Welfare

BUNDERSON, HAL ...... Meridian ...... 14 Finance Local Government and Taxation

BURTENSHAW, DON M...... Terreton ...... 26 Resources and Environment Finance Agricultural Affairs

CAMERON, DEAN L...... Rupert ...... 24 Finance - Chairman (Co-chairman - Joint Finance/Appropriations Committee) Resources and Environment

DARRINGTON, DENTON ...... Declo ...... 25 Judiciary and Rules - Chairman Health and Welfare State Affairs

DAVIS, BART M...... Idaho Falls ...... 29 Majority Caucus Chairman Commerce and Human Resources Judiciary and Rules State Affairs

DEIDE, DARREL ...... Caldwell ...... 10 Transportation Finance

DUNKLIN, BETSY D...... Boise ...... 19 Assistant Minority Leader Commerce and Human Resources Education Judiciary and Rules ***Replaced by Anne Pasley-Stuart January 21 through January 24, 2002, who served on same committees. *** Acting Senator appointed by Governor during absence of elected Senator SENATE INDEX 271

FRASURE, EVAN ...... Pocatello ...... 34 Transportation - Chairman Local Government and Taxation Resources and Environment

GEDDES, ROBERT L...... Soda Springs ...... 32 President Pro Tempore State Affairs Transportation

GOEDDE, JOHN W...... Coeur d’Alene ...... 3 Commerce and Human Resources - Vice Chairman Education

HAWKINS, STAN ...... Ucon ...... 28 Finance - Vice Chairman Resources and Environment Local Government and Taxation

HILL, BRENT ...... Rexburg ...... 27 (Certificate of Appointment - Page 2) Commerce and Human Resources Education

INGRAM, CECIL D...... Boise ...... 16 Transportation - Vice Chairman Finance

IPSEN, GRANT ...... Boise ...... 17 Health and Welfare - Chairman Local Government and Taxation ***Replaced by Fay Messinger January 17 through January 27, 2002, who served on same committees.

KEOUGH, SHAWN ...... Sandpoint ...... 1 Transportation Finance

KING-BARRUTIA, ROBBI ...... Glenns Ferry ...... 20 Judiciary and Rules Health and Welfare State Affairs

LITTLE, BRAD ...... Emmett ...... 8 (Certificate of Appointment - Page 1) Agricultural Affairs Resources and Environment

LODGE, PATTI ANNE...... Caldwell ...... 11 Health and Welfare - Vice Chairman Commerce and Human Resources Judiciary and Rules

MARLEY, BERT C...... McCammon ...... 33 (Certificate of Appointment - Page 1) Minority Caucus Chairman Finance Local Government and Taxation Transportation

NOH, LAIRD ...... Kimberly ...... 23 Resources and Environment - Chairman Agricultural Affairs Education

*** Acting Senator appointed by Governor during absence of elected Senator 272 SENATE INDEX

RICHARDSON, MEL ...... Idaho Falls ...... 30 State Affairs - Vice Chairman Finance Judiciary and Rules

RISCH, JAMES E...... Boise ...... 18 Majority Leader Judiciary and Rules State Affairs ***Replaced by Jason Risch February 19 through February 22, 2002, who served on same committees.

SANDY, JOHN ...... Hagerman ...... 22 Assistant Majority Leader Agricultural Affairs State Affairs Transportation

SCHROEDER, GARY J...... Moscow ...... 5 Education - Chairman Resources and Environment

SIMS, KATHY ...... Coeur d'Alene ...... 4 Education - Vice Chairman Agricultural Affairs

SORENSEN, SHEILA ...... Boise ...... 13 State Affairs - Chairman Judiciary and Rules

STEGNER, JOE...... Lewiston ...... 6 Judiciary and Rules - Vice Chairman Commerce and Human Resources Local Government and Taxation

STENNETT, CLINT ...... Ketchum ...... 21 Minority Leader Agricultural Affairs Health and Welfare Resources and Environment State Affairs

THORNE, J. L. "JERRY" ...... Nampa ...... 12 Local Government and Taxation - Chairman Education Transportation ***Replaced by Martin Thorne January 28 through February 5, 2002, who served on same committees.

WHEELER, RALPH "MOON" ...... American Falls ...... 35 Local Government and Taxation - Vice Chairman Health and Welfare

WILLIAMS, STANLEY J...... Blackfoot ...... 31 Agricultural Affairs - Chairman Education Resources and Environment

*** Acting Senator appointed by Governor during absence of elected Senator SENATE INDEX 273

SECTION III

2002 SENATE ATTACHE INDEX

NAME POSITION

ANDERSON, CHARLES ...... Page AMSTUZ, CHRISTIAN ...... Page * BAILEY, NICOLE ...... Page BALDWIN, ALEXANDRIA ...... Page BAXTER, DOROTHEA ...... Docket Clerk BECK, MACKENZIE ...... Page BENDIO, LENETTE ...... Mail Clerk BENNETT, GLORIA ...... Mail Room Director BORTON, JIM ...... Assistant Doorkeeper BOYLE, BEVERLY ...... Republican Secretarial Pool BRIGGS, JEAN ...... Mail Clerk BUDELL, JUANITA ...... Secretary to Education Committee BURWELL, SUE ...... Legislative Information Center Director CANAS, ELIZABETH ANNE ...... Page CHRISMAN, PEGGY ...... Sergeant at Arms CRAPO, CORTNEY SUE ...... Page * DANIELS, JENNIFER ...... Page DAVIS, BERT ...... Minority Staff Assistant DICK, JOANNE ...... Secretary to Majority Leader EASTON, LOUISE ...... Secretary to Assistant Majority Leader ENGUM, MATT ...... Page FUSSELMAN, DANIEL ...... Page * HANSEN, MARIANNE ...... Secretary to Judiciary and Rules Committee HARPER, MARY ...... Secretary to Agricultural Affairs Committee HARRIS, CHARLIE ...... Gallery Doorkeeper HARRIS, DARBY ...... Secretary to Resources and Environment Committee HARVEY, MARY ...... Secretary/Research Assistant HONDO, KARLEE ...... Page * HORTON, RUSTI ...... Assistant Secretary of the Senate JONES, MARY SUE ...... Fiscal Assistant to President Pro Tempore** KARABA, SUSAN ...... Republican Secretarial Pool KEITHLY, JUNE ...... Secretary to Secretary of the Senate KERRICK, AMY ...... Page * KING, NANCY ...... Secretary to Local Government and Taxation Committee KNOWLES, ZURIEL ...... Minority Staff Assistant KROGSTAD, JEAN ...... Secretary to Finance/JFAC Committee LANCE, SHERRY ...... Republican Secretarial Pool Supervisor LINZE, A. J...... Page 274 SENATE INDEX

2002 SENATE ATTACHE INDEX - Continued

NAME POSITION

LUNDY, MARGARET ...... Journal Clerk MASTERS, JOHN ...... Constituent Services Director** MC CARTER, DARELYN ...... Administrative Assistant to President Pro Tempore** MC DONALD, ROBERT ...... Senate Doorkeeper/Assistant Sergeant at Arms MOORE, JEANETTE ...... Republican Secretarial Pool MOYER, PEGGY ...... Secretary to Transportation Committee MULLER, LANA ...... Journal Clerk MURPHY, KELLY “SCOUT” ...... Page OSBORN, BETTY ...... Secretary to Health and Welfare Committee PECK, CHRISTINE ...... Minority Chief of Staff** PERRY, CAROL ...... Page * REES, GERI ...... Secretary to Majority Caucus Chairman RICHARDSON, BOBBIE ...... Assistant Sergeant at Arms RODRIGUEZ, NICOLE “NIKY” ...... Page * SCOTT, ASHLEY ...... Page * SHAFFER, CAROLYN HEINZMAN ...... Secretary to State Affairs Committee SWARTHOUT, LINDA ...... Secretary to Commerce and Human Resources Committee TAYLOR, CAROLE ...... Mail Clerk WALKER, NICHOLAS ...... Page * WARD, ASHLEY ...... Page * WHITE, MONIQUE ...... Page WOOD, JEANNINE ...... Secretary of the Senate**

Attaches sworn in January 8, 2002 * Attaches sworn in February 19, 2002 ** Permanent Employees SENATE INDEX 275

SECTION IV

TOPICAL INDEX ALPHABETICALLY ARRANGED

This alphabetical index lists subjects for ALL Senate bills and ONLY those House bills introduced in the Senate, and includes Session Law Chapter numbers for those bills passed. Adopted resolutions and memorials are indicated by (A) and vetoed bills are indicated by (V). Nonlegislative subject matter is included and referred to by page number only.

Since the Senate Journal only covers the action of House bills transmitted to the Senate, this topical index does not refer to all House bills introduced in the House. Separate indices in this volume list in numerical order all House bills, memorials, resolutions, and proclamations received by the Senate and show action taken by the Senate thereon. If the subject matter does not appear in this index, refer to the House Journal Alphabetical Index. If more information is desired, reference should be made to the Session laws.

Bill Session Intro. Vote Number Law No. Page Page

-A-

ACCIDENTS Decedents' blood test results, send to police ...... H 402 44 48 115 Traffic accident memorials, adjacent, state highways ...... H 551 -- 162 -- ACCOUNTING AND ACCOUNTANTS Idaho Accountancy Act amended ...... H 485 92 110 234 ACCOUNTS Children's Trust, report, continue existence ...... S 1382 292 83 141 College savings, nonqualified withdrawals ...... H 464 50 70 126 Individual development accounts, low-income persons ...... H 671 149 185 234 Legislative, appropriation, hire gambling effects consultant ...... S 1518 -- 201 220 Medical savings, reporting requirements amended ...... S 1302 212 39 197 ACTING SENATORS See SUBSTITUTE SENATORS ACTS Drug Pusher Registration Notification Act added ...... S 1448 -- 110 171 Idaho Accountancy Act amended ...... H 485 92 110 234 Idaho Building Code Advisory Act amended ...... H 586 345 144 210 Idaho Digital Learning Academy Act added ...... H 534 105 121 235 Idaho English Reaffirmation Act added ...... S 1469 -- 137 -- Idaho Family Asset Building Initiative added ...... H 671 149 185 234 Idaho Plant Pest Act of 2002 added ...... H 448 89 130 219 Incentives for Targeted Growth Act added ...... H 684 (V) 202 254 Interstate Enforcement, Domestic Violence Protection ...... S 1308 213 41 87 Revised Uniform Arbitration Act added ...... S 1280 -- 31 -- Seed Indemnity Fund Law added ...... H 522 256 162 235 Sex Offender Registration Notification Act amended ...... S 1279 183 30 53 Small Lawsuit Resolution Act added ...... H 627 137 155 239 Uniform Anatomical Gift Act amended ...... H 702 171 195 256 Uniform Arbitration Act repealed ...... S 1280 -- 31 -- ADJOURNMENT, SINE DIE Second Regular Session: Friday, March 15, 2002, at 7:06 p.m. (68th Legislative Day) .... 263

(A) = Adopted by Senate and House (V) = Vetoed by Governor 276 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

ADMINISTRATION DEPARTMENT Appropriation ...... S 1508 199 188 208 Appropriation reduced ...... S 1471 68 143 156 Appropriation, Capitol Commission ...... S 1523 207 221 229 ADMINISTRATIVE RULES See RULES ADOPTION National Adoption Day, recognize and support ...... HCR 47 (A) 137 169 ADVERTISING Political, identification of financial source ...... S 1446 -- 109 -- AERONAUTICS Aircraft training/license applicants, background check ...... SJM 111 -– 105 143 AERONAUTICS ADVISORY BOARD Miller, Kathleen: Member Appointed by Governor Kempthorne/to Transportation ...... 35/36 Committee Report ...... 169 Confirmed by Senate ...... 177 Parish, William R.: Member Appointed by Governor Kempthorne/to Transportation ...... 27 Committee Report ...... 187 Confirmed by Senate ...... 195 Sorensen, Rodger Lee: Member Appointed by Governor Kempthorne/to Transportation ...... 35 Committee Report ...... 80 Confirmed by Senate ...... 85 AGENCY RULES See RULES AGIDIUS, PAUL C. Appointment, Member: Board of Education Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 AGING, COMMISSION ON Administrator salary, performance evaluation by commission ...... H 388 47 87 126 Administrator/staff, carry out commission duties ...... H 388 47 87 126 Appropriation ...... S 1481 315 161 192 Commissioners, oversee commission duties/powers ...... H 392 26 56 89 AGING, IDAHO OFFICE ON Bauer, Lois: Appointment Appointed by Governor Kempthorne/to State Affairs ...... 24 Committee Report ...... 40 Confirmed by Senate ...... 43 AGRICULTURE Agricultural inspector, overtime pay on holidays ...... H 444 -- 130 219 Agricultural research, interference, felony ...... S 1332 263 55 104 Agricultural Research/Cooperative Extension, appropriation ...... H 461 24 56 72 Agriculture odor management fund created ...... H 726 261 195 245 Alfalfa seed, genetically modified, sale prohibited ...... S 1409 –- 94 -- Animal Industries Division, emergency diseases ...... H 446 87 130 219 Bear/lion depredation, livestock includes goats ...... S 1333 278 55 115 Big game depredation funds, investment, claims ...... H 539 -- 155 -- Carbon sequestration advisory committee created ...... S 1379 365 83 135/239 Commodity dealers, miscellaneous amendments ...... H 644 258 162 235

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 277

Bill Session Intro. Vote Number Law No. Page Page

AGRICULTURE (Continued) Commodity liens, date lien attaches, duration ...... S 1458 308 124 206 Crop residue rules approved, exceptions ...... SCR 125 (A) 90 109 Department, animal industry rules rejected ...... SCR 126 (A) 91 109 Department, appropriation ...... H 691 270 185 233 Department, appropriation reduced ...... S 1471 68 143 156 Department, appropriation, additional, pest control ...... S 1292 2 34 42 Department, appropriation, Soil Conservation Commission ...... H 696 167 185 234 Department, crop residue disposal rules rejected ...... SCR 130 (A) 149 161 Director, license livestock truck washing facilities ...... H 529 104 205 256 Disease control funds, deficiency warrants ...... S 1380 291 83 135 Domestic cervidae, separate offense deleted ...... H 524 103 147 223 Farm labor contractor licensing act ...... S 1289 328 33 121 Farm produce dealer, violations/penalties ...... H 561 114 151 219 Female cattle, official brucellosis vaccination ...... H 523 102 189 245 Fertilizers, labels, educational information ...... S 1381 -– 83 -- Idaho Plant Pest Act of 2002 ...... H 448 89 130 219 Land, home site development, tax classification ...... H 488 341 87 209 Land, tax purposes, five contiguous acres ...... H 487 93 189 252 Liquid waste systems, construction/approval/penalty ...... H 726 261 195 245 Livestock sold at market, sales tax exemption ...... H 481 52 70 125 Minimum wage, piece rate workers under 17 exempt ...... S 1291 -- 33 -- Nursery stock machinery, equipment, tax exemption ...... H 679 150 195 253 Organic food council meetings, when held ...... H 447 88 130 219 Organic food products, civil penalty increased ...... H 447 88 130 219 Pesticide management committee established ...... H 556 112 151 223 Potato, designated as state vegetable ...... H 525 77 94 164 Research and Cooperative Extension, appropriation ...... H 705 260 190 239 Seed buyer, license requirements ...... H 522 256 162 235 Seed indemnity fund established ...... H 522 256 162 235 Warehouses, inspections/bonds, miscellaneous changes ...... H 645 259 162 235 AIRLINES AND AIRPLANES Aircraft improvement lien, type, notice, enforcement ...... H 634 371 189 252 Aircraft training/license applicants, background check ...... SJM 111 -– 105 143 Weapons prohibited, search consent ...... S 1325 221 48 121 AIRPORTS Weapons prohibited, airplanes/airports, search ...... S 1325 221 48 121 ALCOHOLIC BEVERAGES See LIQUOR AMENDMENTS Senate Bills Amended in the Senate S 1276, As Amended ...... 96 S 1288, As Amended ...... 96 S 1289, As Amended ...... 96 S 1298, As Amended ...... 134 S 1302, As Amended ...... 171 S 1312, As Amended ...... 127 S 1320, As Amended ...... 96 S 1325, As Amended, As Amended in the House ...... 96 S 1336, As Amended ...... 97 S 1346, As Amended ...... 127 S 1347, As Amended ...... 127 S 1349, As Amended ...... 130

(A) = Adopted by Senate and House (V) = Vetoed by Governor 278 SENATE INDEX

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AMENDMENTS (Continued) S 1351, As Amended ...... 153 S 1356, As Amended, As Amended ...... 96/134 S 1360, As Amended ...... 131 S 1382, As Amended ...... 127 S 1389, As Amended ...... 134 S 1390, As Amended, As Amended ...... 134/180 S 1391, As Amended, As Amended in the House ...... 134 S 1394, As Amended ...... 180 S 1395, As Amended ...... 134 S 1431, As Amended ...... 134 S 1442, As Amended ...... 180 S 1443, As Amended ...... 171 S 1448, As Amended ...... 153 S 1450, As Amended ...... 212 S 1458, As Amended ...... 181 S 1462, As Amended ...... 172 S 1472, As Amended, As Amended ...... 180/212 S 1478, As Amended, As Amended in the House ...... 180 SJR 103, As Amended ...... 171 Senate Bills Amended in the House, Concurrence in S 1278, As Amended in the House ...... 205 S 1325, As Amended in the House ...... 227 S 1326, As Amended in the House ...... 227 S 1359, As Amended in the House, As Amended in the House ...... 255 S 1379, As Amended in the House ...... 205 S 1391, As Amended, As Amended in the House ...... 227 S 1434, As Amended in the House ...... 249 S 1451, As Amended in the House ...... 255 S 1474, As Amended in the House ...... 255 S 1478, As Amended, As Amended in the House ...... 255 House Bills Amended in the Senate H 420, As Amended, As Amended in the Senate ...... 153 H 439, As Amended in the Senate ...... 97 H 486, As Amended in the Senate ...... 153 H 488, As Amended in the Senate ...... 153 H 505, As Amended, As Amended in the Senate ...... 212 H 550, As Amended in the Senate ...... 212 H 552, As Amended in the Senate ...... 191 H 566, As Amended in the Senate ...... 212 H 585, As Amended in the Senate ...... 212 H 586, As Amended in the Senate ...... 190 H 597, As Amended in the Senate ...... 190 H 600, As Amended in the Senate ...... 190 H 607, As Amended, As Amended in the Senate ...... 191 H 610, As Amended, As Amended in the Senate ...... 260 ANIMALS Agricultural research, interference, felony ...... S 1332 263 55 104 Appaloosa Horse Club, special license plates ...... H 477 254 147 245 Bear/lion depredation, livestock includes goats ...... S 1333 278 55 115 Domestic cervidae, separate offense deleted ...... H 524 103 147 223 Governor, emergency authority to quarantine animals ...... H 517 -- 151 -- Industries Division, powers, communicable diseases ...... H 446 87 130 219

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 279

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ANNEXATION Cities, procedures, three classifications ...... S 1335 -- 55 -- City, adjacent territory, voluntary or forced ...... S 1334 -- 55 -- City, three annexation categories, procedures ...... S 1391 333 87 158/251 APPEALS Appellate Public Defender, appropriation ...... H 698 169 185 234 Appellate Public Defender, appropriation reduced ...... S 1471 68 143 156 Appellate Public Defender, appropriation, additional ...... H 509 41 79 103 Public defender duties, capital cases ...... S 1450 -- 118 222 Tax Appeals Board, appropriation ...... S 1526 210 221 230 Tax Board, decision fixing property market value ...... S 1375 332 78 125 Tax Board, decision fixing property market value change ...... S 1299 -- 38 -- APPOINTMENTS See CERTIFICATE OF APPOINTMENTS, SENATE See GUBERNATORIAL APPOINTMENTS See IDAHO JUDICIAL COUNCIL APPOINTMENTS See PARDONS AND PAROLE, COMMISSION ON, APPOINTMENTS APPRAISALS AND APPRAISERS Property, just compensation, review by appraiser ...... H 427 31 56 103 APPROPRIATIONS Administration Department ...... S 1508 199 188 208 Administration Department, Capitol Commission ...... S 1523 207 221 229 Aging, Commission on ...... S 1481 315 161 192 Agricultural Research and Cooperative Extension ...... H 705 260 190 239 Agricultural Research/Cooperative Extension, additional ...... H 461 24 56 72 Agriculture Department ...... H 691 270 185 233 Agriculture Department, additional, pest control ...... S 1292 2 34 42 Agriculture Department, Soil Conservation Commission ...... H 696 167 185 234 Appellate Public Defender ...... H 698 169 185 234 Appellate Public Defender, additional ...... H 509 41 79 103 Attorney General ...... S 1486 229 162 196 Attorney General, additional ...... H 511 43 79 103 Blind and Visually Impaired, Commission for ...... S 1500 193 183 206 Building Safety Division ...... H 709 242 190 241 Capitol Commission ...... S 1523 207 221 229 Catastrophic Health Care Cost Fund ...... H 699 170 185 234 Commerce Department ...... H 710 243 190 240 Commerce Department, additional ...... H 460 23 56 72 Controller, State ...... S 1504 336 184 207 Correction Department, appropriation amended ...... H 510 42 79 103 Corrections Department ...... H 733 175 217 255 Decrease in federal funding, advance notice ...... H 474 -- 83 -- Education Board, additional ...... H 450 17 48 71 Education Board, colleges and universities ...... S 1487 318 169 196 Education Board, community college support ...... H 722 273 190 241 Education Board, Historical Society ...... H 736 177 232 257 Education Board, Idaho School for Deaf and Blind ...... S 1528 339 221 230 Education Board, medical education programs ...... S 1511 370 189 208 Education Board, Office of ...... H 706 271 190 240 Education Board, Public Broadcasting System ...... S 1525 209 221 230 Education Board, special programs ...... H 723 274 190 241 Education Board, State Library Board ...... S 1521 206 217 222 Education Board, Vocational Rehabilitation Division ...... S 1502 195 183 207

(A) = Adopted by Senate and House (V) = Vetoed by Governor 280 SENATE INDEX

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APPROPRIATIONS (Continued) Education Department ...... S 1522 338 220 229 Education Department, Technology in Learning, intent ...... H 737 262 232 257 Endowment Fund Investment Fund ...... H 692 163 185 233 Environmental Quality Department ...... H 693 164 185 233 Finance Department ...... H 711 244 190 240 Financial Management Division ...... S 1463 -– 129 -- Financial Management Division ...... H 715 248 190 240 Fish and Game Department ...... S 1512 230 189 208 General Fund, from Budget Stabilization Fund ...... S 1301 4 39 46 General Fund, from Budget Stabilization Fund ...... S 1517 205 201 220 General Fund, from Capitol Endowment Income Fund ...... S 1517 205 201 220 General Fund, from Capitol Endowment Income Fund ...... H 701 156 189 239 General Fund, from Idaho Code Fund ...... H 452 19 48 71 General Fund, from Master Settlement Agreement ...... S 1517 205 201 220 General Fund, from Master Settlement Agreement ...... H 701 156 189 239 General Fund, from Permanent Building Fund ...... S 1517 205 201 220 General Fund, from Permanent Building Fund ...... H 701 156 189 239 Governor, Office of ...... S 1464 65 129 156 Governor, Office of, Blind/Visually Impaired Commission ...... S 1500 193 183 206 Governor, Office of, Financial Management Division ...... H 715 248 190 240 Governor, Office of, Human Resources Division ...... S 1456 63 124 156 Governor, Office of, Human Rights Commission ...... H 719 272 190 241 Governor, Office of, Idaho Women's Commission ...... H 721 251 190 241 Governor, Office of, Military Division additional ...... S 1293 3 34 42 Governor, Office of, Military Division, additional/reduced ...... H 462 25 56 73 Governor, Office of, Military Division ...... H 713 246 190 240 Governor, Office of, Public Employee Retirement System of Idaho .... S 1457 64 124 156 Governor, Office of, Public Employee Retirement System of Idaho .... H 451 18 48 73 Governor, Office of, Species Conservation ...... S 1494 325 178 199 Governor, Office of, State Liquor Dispensary ...... H 720 272 190 241 Guardian Ad Litem Fund ...... H 716 249 190 241 Health and Welfare Department, additional, Independent Councils ..... S 1489 320 177 198 Health and Welfare Department, additional, Indirect Support Services .. S 1489 320 177 198 Health and Welfare Department, amended, children's insurance outreach S 1305 -- 39 -- Health and Welfare Department, Family/Community Services ...... S 1488 319 177 197 Health and Welfare Department, Medical Assistance Services ...... S 1490 321 178 198 Health and Welfare Department, Assistance, appropriation amended .... H 740 179 249 252 Health and Welfare Department, Public Health Services ...... S 1491 322 178 198 Health and Welfare Department, Welfare Division ...... S 1492 323 178 198 Idaho State Police ...... S 1507 198 188 207 Idaho State Police, appropriation amended ...... H 508 40 79 103 Industrial Commission ...... S 1479 313 161 186 Industrial Commission, additional ...... H 449 16 48 71 Insurance Department ...... H 712 245 190 240 Juvenile Corrections Department ...... S 1493 324 178 199 Labor Department ...... S 1465 66 129 156 Labor Department, appropriation reduced ...... H 460 23 56 72 Labor Department, unemployment service programs ...... S 1311 11 43 53 Land Commissioners, Endowment Fund Investment Board ...... H 692 163 185 233 Lands Department ...... H 694 165 185 233 Lands Department, additional, pest control ...... H 434 10 48 61 Lands Department, additional, fire suppression ...... H 435 14 48 71

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 281

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APPROPRIATIONS (Continued) Legislative account, hire consultant, gambling effects ...... S 1518 -- 201 220 Legislative Council ...... S 1482 316 162 192 Legislative Council, redistricting, additional ...... H 738 178 249 252 Library Board, State ...... S 1521 206 217 222 Library Services Improvement Fund, LiLI database ...... H 683 238 179 202 Lieutenant Governor ...... S 1466 67 130 156 Lieutenant Governor, additional ...... H 436 15 48 73 Liquor Dispensary, State ...... H 720 272 190 241 Lottery, State ...... S 1509 200 189 208 Millennium Income Fund, appropriation to various programs ...... H 676 350 170 218 Parks and Recreation Department ...... S 1480 314 161 191 Public Employee Retirement System of Idaho ...... S 1457 64 124 156 Public Employee Retirement System of Idaho, additional ...... H 451 18 48 73 Professional-Technical Education Board ...... S 1524 208 221 229 Public Broadcasting System, Idaho Educational ...... S 1525 209 221 230 Public Health Trust Fund ...... S 1501 194 183 207 Public Schools ...... H 683 238 179 202 Public Utilities Commission ...... H 695 166 185 233 Public Works Division, 2001 appropriation amended ...... S 1515 204 189 209 Public Works Division ...... S 1513 202 189 208 Revenue and Taxation Department, State Tax Commission ...... S 1527 211 221 230 Revenue and Taxation Department, Tax Appeals Board ...... S 1526 210 221 230 School safety/health revolving fund, continuous appropriation ...... S 1307 -- 39 -- Secretary of State ...... H 714 247 190 240 Secretary of State, Arts Commission ...... H 708 241 190 240 Self-Governing Agencies Department ...... S 1514 203 189 209 Self-Governing Agencies, Pharmacy Board ...... H 453 20 48 71 Self-Governing Agencies, State Lottery ...... S 1509 200 189 208 Self-Governing Agencies, Veterans Services Division ...... H 700 239 189 239 Soil Conservation Commission ...... H 696 167 185 234 State agencies, FY2002 appropriation reduced ...... S 1471 68 143 156 State Controller ...... S 1504 336 184 207 Supreme Court ...... H 716 249 190 241 Tax Commission ...... S 1527 211 221 230 Transportation Department ...... S 1510 201 189 208 Treasurer, State ...... S 1503 196 184 207 Veterans Services Division ...... H 700 239 189 239 Veterans Services Division ...... H 739 252 249 252 Water Resources Department ...... H 697 168 185 234 Water Resources Department, additional ...... H 458 22 48 72 Women's Commission ...... H 721 251 190 241 ARBITRATION Revised Uniform Arbitration Act added ...... S 1280 -- 31 -- ARTS Commission, appropriation ...... H 708 241 190 240 ASSESSMENTS AND ASSESSORS Construction roll, electricity-generating equipment ...... H 582 344 151 213 Operating property, assessment by state or county ...... H 619 135 162 233 Property, taxable value, urban renewal area ...... H 653 143 170 243 Rural home site development, tax classification ...... H 488 341 87 209 Tax Appeals Board, decision fixing market value change ...... S 1375 332 78 125 Tax Appeals Board, decision fixing market value change ...... S 1299 -- 38 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor 282 SENATE INDEX

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ASSIGNMENTS See COMMITTEES, Standing See COMMITTEES, Memorial and Lincoln Day See also SEAT ASSIGNMENTS ATTACHES See also INDEX SECTION III Compensation ...... SR 103 (A) 29 32 List of ...... 14 Election and Oath of Office ...... 14 List of (2nd Term Pages - February 19, 2002) ...... 129 Election and Oath of Office ...... 129 ATTORNEY GENERAL 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Appropriation ...... S 1486 229 162 196 Appropriation reduced ...... S 1471 68 143 156 Appropriation, additional ...... H 511 43 79 103 Public utilities consumer's advocate office created ...... S 1300 -- 38 -- Tobacco manufacturers in compliance, maintain list ...... S 1358 284 67 95 ATTORNEYS Appellate defender representation, certain counties ...... S 1450 -- 118 222 Appellate Public Defender, appropriation ...... H 698 169 185 234 Appellate Public Defender, appropriation, additional ...... H 509 41 79 103 Assistance program, substance abuse, records ...... S 1370 363 78 157 Bar applicants, fingerprint criminal history check ...... S 1388 297 86 163 Magistrates, temporary service, Supreme Court ...... H 499 95 110 213 Prosecutors, notify, repeatedly truant students ...... H 657 348 162 246 State bar association fees amended ...... H 628 138 155 239 AUDITS AND AUDITORS County, construction roll, electricity generation ...... H 582 344 151 213 County, taxable value certification, when due ...... H 572 118 184 244

-B-

BANKS AND BANKING Demand draft, authorization, warranties ...... H 583 121 155 259 Financial transaction number, fraudulent use, felony ...... H 480 72 87 180 Funds presumed abandoned, time period reduced ...... H 439 -- 56 115 Grand theft, negotiable instruments/account numbers ...... S 1495 326 178 207 Individual development accounts, low-income persons ...... H 671 149 185 234 Medical savings account, reporting requirement ...... S 1302 212 39 197 Negotiable instruments, 5-year claim period ...... H 681 152 185 244 BARTLETT, JUDY Substitute Senator (Temporary Replacement for Senator Branch, District 9) Certificate of Appointment (Effective February 4, 2002) ...... 75 Oath of Office ...... 75 BASQUES Basque homeland, support peace process ...... HJM 14 -- 195 -- Basque homeland, support peace, condemn terrorism ...... SJM 114 (A) 214 223

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 283

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BAUER, LOIS Appointment, Director: Idaho Office on Aging Appointed by Governor Kempthorne/to State Affairs ...... 24 Committee Report ...... 40 Confirmed by Senate ...... 43 BECK, LEONARD Appointment, Member: Idaho Water Resource Board Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 122 Confirmed by Senate ...... 129 BEER See LIQUOR BERNT, WILLIAM C. Appointment, Member: Idaho Outfitters and Guides Board Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 176 Confirmed by Senate ...... 183 BINGO-RAFFLE ADVISORY BOARD Periman, Lee: Appointment Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 Roberts, Veeta C.: Appointment Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 BLIND Blind and Visually Impaired Commission, appropriation ...... S 1500 193 183 206 Government information, provide nonvisual access ...... HCR 56 (A) 185 217 Idaho School for Deaf and Blind, appropriation ...... S 1528 339 221 230 Idaho School for Deaf/Blind, contingency fund ...... S 1414 334 99 157 BLIND AND VISUALLY IMPAIRED, COMMISSION FOR THE Pearce, C. Kelly: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 BOARDS Accountancy, requirements amended ...... H 485 92 110 234 Dentistry Board members, office terms amended ...... H 395 82 189 247 Environmental health specialist Board repealed ...... H 552 111 151 210 Idaho electrical, members, term of office ...... H 504 98 125 258 Medicine, membership, terms, conflict of interest ...... H 576 -- 147 -- Outfitters/Guides, cooperative agreements, sheriffs ...... S 1372 -- 78 157 Professional geologists, member requirements ...... H 420 266 114 171 Sexual offender classification, qualifying crimes ...... S 1279 183 30 53 Social work licensing requirements amended ...... H 406 85 151 236 Water/sewer district, member salary increased ...... H 424 - - 56 164 BOARD OF EDUCATION See EDUCATION, BOARD OF BOATS Nonresident sales tax exemption, vessel definition ...... H 513 60 114 141

(A) = Adopted by Senate and House (V) = Vetoed by Governor 284 SENATE INDEX

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BOMBS AND BOMBING Explosives/harmful substances, false threat, felony ...... S 1346 -- 65 141 Possession, exemption, international fire code permit ...... H 409 86 144 223 Weapons of mass destruction, felony offense ...... S 1348 222 65 121 BONDS Bond bank authority, miscellaneous amendments ...... H 669 148 185 253 Insurance, surplus line broker, repealed ...... H 484 91 125 235 Mine operators, alternative financial assurance ...... H 685 153 205 258 Municipal bond bank authority, includes colleges ...... S 1516 -- 195 211 Municipal bond bank authority, includes colleges ...... SJR 105 -- 193 210 School bonds, state sales tax guarantee ...... S 1424 305 100 148 School district bond levy equalization support ...... S 1474 159 147 185/262 School district bond levy equalization support ...... S 1473 -- 147 -- School district bond levy equalization support ...... S 1475 -- 147 -- School district, credit enhancement, debt guarantee ...... H 668 147 185 253 Schools, bond levy equalization support program/fund ...... S 1433 -- 101 -- BUDGET Capitol Endowment Income, appropriation to General Fund ...... H 701 156 189 239 County, taxable value certification, when due ...... H 572 118 184 244 Idaho School for Deaf and Blind, contingency fund ...... S 1414 334 99 157 Master Settlement Agreement, appropriation to General Fund ...... H 701 156 189 239 Permanent Building Fund, appropriation to General Fund ...... H 701 156 189 239 Stabilization Fund, transfer money to General Fund ...... S 1301 4 39 46 Transfers to General Fund ...... S 1517 205 201 220 Urban renewal agency, requirements ...... H 653 143 170 243 BUDGET MESSAGE Governor Dirk Kempthorne ...... HCR 38 (A) 15 15 BUILDING AUTHORITY Idaho Place and Water Center, construction authorized ...... HCR 60 (A) 202 237 BUILDING AUTHORITY, IDAHO STATE Reberger, J. Philip: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Story, Patricia J.: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Tracy, Bud: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 74 Confirmed by Senate ...... 82 BUILDING SAFETY DIVISION Administrator, school, serious safety hazard, order ...... H 512 -- 114 -- Appropriation ...... H 709 242 190 241 Investigation, unlicensed public works contractors ...... H 592 127 170 258 School building inspections, factors/recommendations ...... H 590 126 189 246 Schools, serious safety hazard, order, hearing ...... S 1434 158 102 152/251 BUILDINGS Building codes adopted, inspector certification ...... H 586 345 144 210 Evacuation/emergency response plans, no disclosure ...... H 560 62 110 140 School district allocation, deferred maintenance fund ...... S 1476 -- 147 -- School safety hazards, Education Board powers ...... H 682 -- 190 -- BUSINESS ENTITIES Business/industrial development corporations, amendments ...... H 660 145 185 259 Professional limited liability companies, one person ...... S 1316 218 43 89 Secretary of State, records databases, fees ...... H 588 124 162 242

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 285

Bill Session Intro. Vote Number Law No. Page Page

-C-

CANDIDATES AND CAMPAIGNS Contributions/expenditures, report filing, when ...... H 707 240 190 254 Persuasive poll requirements, apply to city officers ...... H 648 142 170 243 Persuasive poll, ballot measure, identify source ...... S 1446 -- 109 -- Political advertising, identify financial source ...... S 1446 -- 109 -- Term limits for elected officials repealed ...... H 425 1 51 61 CAPITAL PUNISHMENT Appellate defender representation, certain counties ...... S 1450 -- 118 222 CAPITOL Building renovation, contractor prequalification ...... S 1296 -- 37 57 Commission, appropriation ...... S 1523 207 221 229 CATTLE See LIVESTOCK CEMETERIES AND CREMATORIUMS State veteran's cemetery, facilitate legislation ...... SCR 121 (A) 62 82 CEREMONY, FLAG Idaho National Guard Honor Guard raising State Flag over Senate Dome . 2 Idaho National Guard Honor Guard lowering State Flag at Sine Die: ... 261 Presentation of Flag to Majority Leader Jim Risch ...... 261 CERTIFICATES OF APPOINTMENT Hill, Brent Senator, District 27 (Replacing Robert Lee) Certificate of Appointment (Effective December 24, 2001) ...... 2 Oath of Office ...... 2 Little, Brad Senator, District 8 (Replacing Judi Danielson) Certificate of Appointment (Effective May 24, 2001) ...... 1 Oath of Office ...... 2 Marley, Bert Senator, District 33 (Replacing Senator Whitworth) Certificate of Appointment (Effective October 12, 2001) ...... 1 Oath of Office ...... 2 Bartlett, Judy: Substitute Senator (Temporary Replacement for Senator Branch, District 9) Certificate of Appointment (Effective February 4, 2002) ...... 75 Oath of Office ...... 75 Messinger, Fay Substitute Senator (Temporary Replacement for Senator Ipsen, District 17) Certificate of Appointment (Effective January 17, 2002) ...... 35 Oath of Office ...... 35 Risch, Jason Substitute Senator (Temporary Replacement for Senator Risch, District 18) Certificate of Appointment (Effective February 19, 2002) ...... 133 Oath of Office ...... 133 Pasley-Stuart, Anne Substitute Senator (Temporary Replacement for Senator Dunklin, District 19) Certificate of Appointment (Effective January 21, 2002) ...... 41 Oath of Office ...... 41 Thorne, Martin Substitute Senator (Temporary Replacement for Senator Thorne, District 12) Certificate of Appointment (Effective January 28, 2002) ...... 52 Oath of Office ...... 52

(A) = Adopted by Senate and House (V) = Vetoed by Governor 286 SENATE INDEX

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CERTIFICATE OF ELECTION Senators ...... 2 CERTIFICATE OF PASSAGE H 425, Over Veto of the Governor ...... 81 CHAMBERLAIN, GARY Appointment, Member: Idaho Water Resource Board Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 CHAPLAIN Senate Chaplain, Elder C. Leon Johnson ...... 2 CHARITIES Individual development accounts, low-income persons ...... H 671 149 185 234 Kinderhaven, charitable contributions, tax credit ...... H 663 269 185 253 Nonprofit, low-income housing, property tax exempt ...... H 652 162 202 257 CHAVES, ELOY Appointment, Member: Idaho Commission on Human Rights Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 77 Confirmed by Senate ...... 82 CHILDREN Abuse prevention, Children's Trust Fund, report ...... S 1382 292 83 141 Custody cases, parenting coordinator appointment ...... H 541 108 185 236 Custody factors, disability, equipment/services ...... H 577 232 162 248 Custody, best interest, promote citizenship ...... S 1330 -- 52 -- Disabled, special education, urge mandatory funding ...... HJM 16 (A) 151 183 Guardianship proceeding, appointee compensation ...... S 1313 215 43 88 Health insurance coverage, dental surgery charges ...... S 1338 -- 60 -- Health insurance outreach efforts, legislative intent ...... S 1305 -- 39 -- Kinderhaven, charitable contributions, tax credit ...... H 663 269 185 253 Maintenance/support modification, special circumstances ...... S 1419 -- 100 148 National Adoption Day, recognize and support ...... HCR 47 (A) 137 169 Prekindergarten, school age, 4-years old ...... S 1304 -- 39 112 Read Across Idaho Day declared ...... SR 104 (A) 104 169 Therapeutic outdoor programs, Health and Welfare license ...... S 1318 219 44 76 Women's prison nursery program, study/implement ...... HCR 43 -- 143 -- Youth small game hunting licenses ...... H 604 234 155 236 CITIES Absentee ballots, application deadlines ...... H 612 236 151 219 Annexation procedures, three classifications ...... S 1335 -- 55 -- Annexation, adjacent territory, voluntary or forced ...... S 1334 -- 55 -- Annexation, three categories, procedures ...... S 1391 333 87 158/251 Bond bank authority, miscellaneous amendments ...... H 669 148 185 253 Building codes, adoption and compliance ...... H 586 345 144 210 City election procedures, miscellaneous amendments ...... H 503 75 114 163 Development impact fee ordinances ...... H 607 347 162 209 Electrical contractor, no local practice fees ...... H 631 139 147 256 Financial transactions, prohibited local ordinances ...... S 1321 -- 45 -- Lease agreements with Parks and Recreation Department ...... S 1390 225 86 199 Lease agreements, water/land, Fish and Game Commission ...... S 1389 224 86 158 Persuasive poll requirements, apply to city officers ...... H 648 142 170 243 Purchasing preference, wood/plant products ...... H 507 -- 143 -- Urban renewal agency, tax/budgets/records ...... H 653 143 170 243

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 287

Bill Session Intro. Vote Number Law No. Page Page

CIVIL ACTIONS Defamation liability limited, school violence threats ...... H 562 -- 155 -- Dishonored check, written notice, service affidavit ...... S 1364 288 76 156 False testimony, cause of action by injured party ...... H 598 -- 185 -- Prisoners, court fees, ability to pay ...... S 1386 296 86 163 Small lawsuit resolution act ...... H 627 137 155 239 Stay proceedings, state militia active duty members ...... H 518 101 130 213 Underground utilities, excavation damage, penalties ...... H 678 351 189 253 CIVIL DEFENSE State active duty member, stay of court proceedings ...... H 518 101 130 213 COLLECTION AGENCIES Debtor services, permits, applications, violations ...... S 1288 190 33 116 COLLEGES AND UNIVERSITIES Appropriation ...... S 1487 318 169 196 College savings account, nonqualified withdrawals ...... H 464 50 70 126 Community college support, appropriation ...... H 722 273 190 241 Community, tuition increase limitations raised ...... S 1384 294 86 126 Dependents, paramedic/EMTs killed/disabled on duty ...... S 1356 283 67 158 Education Board, equity funding progress report ...... H 547 -- 130 -- Health/medical education programs, appropriation ...... S 1511 370 189 208 Idaho Place/Water Center, construction authorized ...... HCR 60 (A) 202 237 Municipal bond bank authority, includes colleges ...... S 1516 -- 195 211 Municipal bond bank authority, includes colleges ...... SJR 105 -- 193 210 Religious organizations, degrees/diplomas awarded ...... S 1393 -- 92 -- Scholarship eligibility, student outside of U.S...... H 570 117 184 246 Student allowance increased, child of POW/MIA ...... S 1327 276 48 102 Student hazing unlawful, initiation to organization ...... H 594 268 119 224 University of Idaho, appropriation, Agricultural Research ...... H 705 260 190 239 University of Idaho, appropriation, special programs ...... H 723 274 190 241 COMBO, JOHN X. Appointment, Member: Transportation, Board of Appointed by Governor Kempthorne/to Transportation ...... 23 Committee Report ...... 80 Confirmed by Senate ...... 85 COMMERCE Canadian lumber imports, end unfair subsidies ...... SJM 113 -- 192 204 Department, appropriation ...... H 710 243 190 240 Department, appropriation reduced ...... S 1471 68 143 156 Department, appropriation, additional ...... H 460 23 56 72 Department, snowskier plate fees, consult ski association ...... S 1276 180 28 116 Interference with commerce prohibited ...... S 1455 -- 119 -- Venture capital income tax credit created ...... H 684 (V) 202 254 COMMERCIAL TRANSACTIONS Dishonored check, written notice, service affidavit ...... S 1364 288 76 156 Financial transaction number, fraudulent use, felony ...... H 480 72 87 180 Financial transactions, prohibited local ordinances ...... S 1321 -- 45 – Grand theft, negotiable instrument/account number ...... S 1495 326 178 207 Idaho Credit Code, applicable transactions ...... S 1321 -- 45 -- Negotiable instruments, 5-year claim period ...... H 681 152 185 244 Negotiable instruments, demand draft, warranties ...... H 583 121 155 259 Payment cards, unauthorized scanning, felony ...... S 1365 289 76 157 Sales/loan activities, prohibited ordinances ...... S 1407 301 93 152 Uniform Commercial Code, security interests, miscellaneous amendments H 540 107 125 259

(A) = Adopted by Senate and House (V) = Vetoed by Governor 288 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

COMMISSIONS Aging Commission administrator, salary, duties ...... H 388 47 87 126 Aging, appropriation ...... S 1481 315 161 192 Basin improvement project, Washington representative ...... H 489 39 79 112 Blind and Visually Impaired, appropriation ...... S 1500 193 183 206 Capitol, appropriation ...... S 1523 207 221 229 Human Rights, appropriation ...... H 719 272 190 241 Idaho Women's, appropriation ...... H 721 251 190 241 Industrial, appropriation ...... S 1479 313 161 186 Industrial, appropriation, additional ...... H 449 16 48 71 Pesticide management committee established ...... H 556 112 151 223 Public Utilities Commission procedures, intervention, education ...... S 1373 -- 78 -- Public Utilities Commission, intervenor costs increased ...... S 1373 -- 78 -- Real Estate, investigation of unlicensed actions ...... H 567 116 125 218 Soil Conservation, appropriation ...... H 696 167 185 234 Soil Conservation, appropriation reduced ...... S 1471 68 143 156 Tax, appropriation ...... S 1527 211 221 230 COMMITTEES Capital gains tax, legislative study ...... HCR 55 -- 162 -- Carbon sequestration advisory committee created ...... S 1379 365 83 135/239 Joint millennium fund, funding recommendations ...... H 486 352 83 170 Legislative study committee, all executive agency rules ...... S 1374 -- 78 197 Natural flow water, local rental committee ...... S 1435 -- 106 -- Personal property tax phaseout, legislative study ...... HCR 45 -- 162 -- School achievement standards, legislative study ...... SCR 127 -- 97 114 Seed indemnity fund advisory committee created ...... H 522 256 162 235 Venture capital advisory committee created ...... H 684 (V) 202 254 COMMITTEES, SENATE See also: SENATE INDEX, STANDING COMMITTEE ASSIGNMENTS Special Committees, Chairman Appointments: Lincoln Day (February 12, 2002) ...... 109 Memorial Service (February 18, 2002) ...... 123 Standing, Assignments ...... 3 COMMODITIES Dealers, miscellaneous amendments ...... H 644 258 162 235 Liens, date of attachment, duration ...... S 1458 308 124 206 Warehouses, inspections/bonds, miscellaneous changes ...... H 645 259 162 235 COMMUNICATIONS Electronic/wire, interceptions ...... S 1349 223 65 152 COMPUTERS See ELECTRONIC TECHNOLOGY CONCURRENCE, in Senate Bills Amended in the House S 1278, As Amended in the House ...... 205 S 1325, As Amended in the House ...... 227 S 1326, As Amended in the House ...... 227 S 1359, As Amended in the House, As Amended in the House ...... 255 S 1379, As Amended in the House ...... 205 S 1391, As Amended, As Amended in the House ...... 227 S 1434, As Amended in the House ...... 249 S 1451, As Amended in the House ...... 255 S 1474, As Amended in the House ...... 255 S 1478, As Amended, As Amended in the House ...... 255

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 289

Bill Session Intro. Vote Number Law No. Page Page

CONDEMNATION See EMINENT DOMAIN CONSERVATION Salmon, augment water flow, years 2002-2004 ...... H 666 349 185 254 Soil conservation districts, miscellaneous amendments ...... H 555 (V) 184 245 Species Conservation Office, appropriation ...... S 1494 325 178 199 Unlawful minnow taking, Kootenai River included ...... H 419 48 76 125 Wolf Conservation & Management Plan approved ...... SCR 122 -- 79 -- Wolf Conservation & Management Plan, amend ...... SCR 134 (A) 172 188 Wolf Conservation & Management Plan, amend ...... SCR 133 -- 165 -- Wolf management plan, adequate federal funding ...... S 1376 -- 82 -- Wolf management plan, extend Fish and Game authorization ...... S 1499 327 178 197 Yellowstone Grizzly Bear management plan approved ...... HCR 49 -- 195 -- Yellowstone Grizzly Bear management, federal funding ...... H 587 -- 195 -- Yellowstone Grizzly Bear, amended plan approved ...... HCR 62 (A) 237 250 CONSTITUTIONAL AMENDMENTS Idaho Millennium Income Fund, proper expenditures ...... SJR 104 -- 108 -- Idaho Millennium/Income Funds, proper expenditures ...... SJR 106 -- 214 222 Municipal bond bank authority, includes colleges ...... SJR 105 -- 193 210 School district indebtedness, 60% voter assent ...... SJR 103 -- 98 -- School prayer amendment, U.S. Constitution, support ...... HJM 17 (A) 151 188 State lands, comply with land use planning statutes ...... SJR 102 -- 40 -- State legislative apportionment system, urge amendment ...... HJM 19 - - 184 227 CONSTRUCTION Building codes, adoption, inspector certification ...... H 586 345 144 210 Capitol Building renovation, contractor prequalification ...... S 1296 -- 37 57 Construction roll, electricity-generating equipment ...... H 582 344 151 213 General contractor disclosure to homeowner required ...... S 1377 -- 82 -- Highway construction bid invitation, publication method ...... S 1398 -- 92 -- Materialman's lien, without contractual relationship ...... S 1387 -- 86 -- CONSUMERS Credit transaction, increase delinquency charges ...... S 1410 302 94 159 Disaster conditions, exorbitant prices, factors ...... H 731 358 204 256 Disaster, sales at excessive prices unlawful ...... S 1357 361 67 95 Exorbitantly priced necessities in disaster unlawful ...... S 1309 -- 41 -- Finance administrator, obtain injunction, fraud ...... S 1407 301 93 152 Homeowners, disclosures by general contractors ...... S 1454 307 119 159 Homeowners, disclosures by general contractors required ...... S 1377 -- 82 -- Insurance licensee, information disclosure prohibited ...... H 408 5 32 58 Insurance producer compensation, disclosures ...... S 1324 359 46 88 Public utilities consumer's advocate office created ...... S 1300 -- 38 -- Public Utilities Commission, procedures, intervention, educate public ... S 1373 -- 78 -- Public Utilities Commission, intervenor costs increased ...... S 1373 -- 78 -- Telephone solicitation includes sales meeting request ...... S 1298 -- 38 -- CONTRACTORS Capitol Building renovation, contractor prequalification ...... S 1296 -- 37 57 Disclosure to homeowners, liens ...... S 1454 307 119 159 Electrical, licensed, local practice fees prohibited ...... H 631 139 147 256 Farm labor contractor licensing act ...... S 1289 328 33 121 General, disclosures to homeowners required ...... S 1377 -- 82 -- Irrigation district expenditures over $25,000, bids ...... H 506 100 125 224 Materialman's lien, without contractual relationship ...... S 1387 -- 86 -- Public works, unlicensed acts, injunction ...... H 592 127 170 258

(A) = Adopted by Senate and House (V) = Vetoed by Governor 290 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

CONTRACTS Vehicle service policies, Insurance Department filings ...... S 1402 299 93 139 CONTROLLED SUBSTANCES Driving under influence, repeat offenses, penalties ...... S 1496 335 178 207 Drug adulteration, felony, exceptions ...... H 483 231 102 218 Drug Pusher Registration Notification Act ...... S 1448 -- 110 171 Legend drug, code citation corrected ...... H 391 69 56 170 Marijuana, driving under influence unlawful ...... S 1331 -- 55 -- Methamphetamine, attempted manufacturing, penalty ...... S 1283 186 31 54 Minors, under influence, penalties ...... S 1281 184 31 53 Persons under influence, exception, law limitations ...... S 1286 189 31 57 Prescription blanks, identify practitioner ...... S 1417 367 100 140 Student use, school policy, notify parents/police ...... H 548 353 184 257 CONTROLLER, STATE 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Appropriation ...... S 1504 336 184 207 Appropriation reduced ...... S 1471 68 143 156 CORONERS Accident fatalities, blood test results to police ...... H 402 44 48 115 Anatomical gift laws amended ...... H 702 171 195 256 Body disposition, sole licensed funeral establishment ...... H 432 58 102 144 Unclaimed bodies, coroner's duty to inter ...... H 431 57 102 144 CORPORATIONS Business/industrial development corporations., amendments ...... H 660 145 185 259 CORRECTIONS Condemned prisoners, confinement, permitted visits ...... H 542 -- 185 -- Department, appropriation ...... H 733 175 217 255 Department, appropriation amended ...... H 510 42 79 103 Department, appropriations reduced ...... S 1471 68 143 156 Department, arrest warrant, escaped/released fugitives ...... H 600 130 137 209 Department, deputy administrator, nonclassified employee ...... S 1295 192 37 88 Department, Pocatello Women's Center, appropriation deleted ...... S 1515 204 189 209 Department, rule, records rejected ...... HCR 44 (A) 79 150 Disabled adults, special education, when entitled ...... H 398 70 110 164 Drug Pusher Registration Notification Act ...... S 1448 -- 110 171 Juvenile offender custody, nineteenth birthday ...... S 1460 309 124 163 Juvenile probation officers, POST certification ...... H 404 84 137 218 Juvenile sentencing, home environment report optional ...... H 502 97 185 259 Juvenile, community program charges, parental payment ...... H 498 73 110 164 Juvenile, Department, appropriation ...... S 1493 324 178 199 Juvenile, Department, appropriations reduced ...... S 1471 68 143 156 Juveniles, physical custody until 19 years old ...... S 1345 -- 64 -- Prisoners, unsatisfied imprisonment, requisition ...... H 401 28 48 95 Sexual offender board, documents not disclosed ...... S 1278 182 30 53 Sexual offender classification, qualifying crimes ...... S 1279 183 30 53 Suspended sentence, first 240 days ...... S 1459 -– 124 – Violators under 14 years old, court jurisdiction ...... S 1282 185 31 54 Women's prison nursery program, study/implement ...... HCR 43 -- 143 -- COSMETOLOGY Board, instructor reexamination rule rejected ...... HCR 48 (A) 119 188 COUNCILS Developmental Disabilities, amend purpose/duties ...... H 557 113 151 247 Information technology resource, establish policies ...... S 1461 310 124 163

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 291

Bill Session Intro. Vote Number Law No. Page Page

COUNTIES Absentee ballots, deadlines, retain in secure place ...... H 612 236 151 219 Body disposition, sole licensed funeral establishment ...... H 432 58 102 144 Building codes, adoption and compliance ...... H 586 345 144 210 Commissioners, taxable value certification, when due ...... H 572 118 184 244 Development impact fee ordinances ...... H 607 347 162 209 Elections, extra dates, school levies ...... H 470 -- 79 -- Electrical contractor, no local practice fees ...... H 631 139 147 256 Federal lands, rights-of-way status determination ...... S 1520 -- 205 -- Financial transactions, prohibited local ordinances ...... S 1321 -- 45 -- Found personal property, publish notice ...... H 602 131 155 218 Indigents, necessary medical services, exclusions ...... H 677 -- 189 -- Juror qualification/service, jury commissioner duties ...... H 497 94 170 224 Lease agreements, water/land, Fish and Game Commission ...... S 1389 224 86 158 Operating property, assessment by state or county ...... H 619 135 162 233 Precincts, legislative district committee, proportional vote ...... S 1445 -- 107 -- Property, taxable value, urban renewal area ...... H 653 143 170 243 Purchasing preference, wood/plant products ...... H 507 -- 143 -- Sheriffs, cooperative agreements, Outfitters/Guides Board ...... S 1372 -- 78 157 Small claims action, proper venue ...... H 501 74 110 164 Unclaimed bodies, coroner's duty to inter ...... H 431 57 102 144 Uniform Fire Code, amend, short term events ...... S 1470 -- 137 -- COURTS Additional U.S. district court judge requested ...... SJM 110 (A) 51 60 Appeals, nonclassified employees ...... S 1285 188 31 56 Appellate Public Defender, appropriation ...... H 698 169 185 234 Appellate Public Defender, appropriation, additional ...... H 509 41 79 103 Bar applicants, fingerprint criminal history check ...... S 1388 297 86 163 Capital punishment, appellate defender representation ...... S 1450 -- 118 222 Child custody cases, appoint parenting coordinator ...... H 541 108 185 236 District judges, governor-appointed, term of office ...... S 1312 214 43 141 False testimony, civil action by injured party ...... H 598 -- 185 -- Guardian Ad Litem Fund, appropriation ...... H 716 249 190 241 Juror qualification/service, jury commissioner duties ...... H 497 94 170 224 Juvenile sentence, physical custody until 19 years old ...... S 1345 -- 64 -- Juvenile sentencing, home environment report optional ...... H 502 97 185 259 Juvenile, community program charges, parental payment ...... H 498 73 110 164 Juveniles under 14 years, court jurisdiction ...... S 1282 185 31 54 Legal forms, modernize date references ...... H 430 32 56 111 Prisoners, civil action fees, ability to pay ...... S 1386 296 86 163 Protection order, repeat violations, increased penalty ...... S 1355 -- 67 -- Protection orders, uniform interstate enforcement ...... S 1308 213 41 87 Public safety threatened, records declared confidential ...... H 459 -- 133 -- Revised Uniform Arbitration Act added ...... S 1280 -- 31 -- Rules, proceedings/testimony, electronic recording ...... H 500 96 185 258 Small claims, proper venue, which county ...... H 501 74 110 164 Small lawsuit resolution act ...... H 627 137 155 239 Stay proceedings, state militia active duty members ...... H 518 101 130 213 Supreme Court, appropriation ...... H 716 249 190 241 Supreme, appropriation reduced ...... S 1471 68 143 156 Supreme, temporary service, attorney magistrate ...... H 499 95 110 213 Suspended sentence, first 240 days ...... S 1459 -- 124 -- Temporary certified shorthand reporter, certification ...... H 403 83 110 218 Theft, third offense, felony punishment ...... S 1366 -- 76 -- Water rights, objection responses deadline shortened ...... H 415 12 41 72 Water rights, unobjected report, filing deadline ...... H 416 13 48 72

(A) = Adopted by Senate and House (V) = Vetoed by Governor 292 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

CRAIG, HONORABLE LARRY Senator, U. S. Senate, Visit (January 18, 2002) ...... 39 CRIMINAL OFFENSES & PROCEDURES Agricultural research, interference, felony ...... S 1332 263 55 104 Alcoholism/drugs, criminal law limits, exceptions ...... S 1286 189 31 57 Anhydrous ammonia, theft, unlawful storage ...... H 564 257 162 224 Arrest warrants, prematurely released prisoners ...... H 600 130 137 209 Canal/lateral/drain, interference, injuries, changes ...... H 566 115 125 232 Communications, electronic, interceptions ...... S 1349 223 65 152 Condemned prisoners, confinement, permitted visits ...... H 542 -- 185 -- Crimes against pregnant victims, extended sentence ...... S 1367 -- 76 -- Crimes against pregnant victims, extended sentence ...... S 1468 -- 130 148 Dispensing liquor to minor, resulting injuries, penalty ...... S 1287 – 31 -- Ditch/canal/drain, recreational use, misdemeanor ...... H 565 -- 195 -- Domestic violence, adult dating relationships ...... S 1351 331 66 171 Domestic violence, determination of primary aggressor ...... S 1350 -- 66 -- Drivers under influence, intoxicating combination ...... S 1421 253 100 186 Driving under influence of marijuana unlawful ...... S 1331 -- 55 -- Driving under influence, repeat offenses, penalties ...... S 1496 335 178 207 Drug adulteration, felony, exceptions ...... H 483 231 102 218 Drug Pusher Registration Notification Act ...... S 1448 -- 110 171 Emergency phone call, intentional interruption, penalty ...... S 1353 -- 66 -- Energy facilities, malicious damage unlawful ...... S 1347 -- 65 141 Felony convictions, real estate broker licenses ...... S 1339 -- 60 -- Financial transaction number, fraudulent use, felony ...... H 480 72 87 180 Fingerprint-based criminal history check, attorneys ...... S 1388 297 86 163 Firearm, unlawful possession clarified ...... S 1282 187 31 56 Forcible sexual penetration, victim incapacitated ...... S 1354 360 66 186 Grand theft, negotiable instrument/account number ...... S 1495 326 178 207 Hoax, explosives/injuries/harmful substances, felony ...... S 1346 -- 65 141 Human embryo/fetus, killing of, prosecution, when ...... S 1519 337 205 221 Human embryo/fetus, murder, manslaughter, battery ...... S 1344 330 64 148 Illegal drugs, minors under influence, penalties ...... S 1281 184 31 53 Interference with commerce prohibited ...... S 1455 -- 119 -- Methamphetamine, attempted manufacturing, penalties ...... S 1283 186 31 54 Misdemeanor arrest, time, place, consent ...... H 603 132 137 213 Motor fuel, nonpayment, theft, penalties ...... S 1420 -- 100 157 Motor vehicle operators, background/residency check ...... S 1437 -- 106 -- Payment cards, unauthorized scanning, felony ...... S 1365 289 76 157 Prisoners, unsatisfied imprisonment, requisition ...... H 401 28 48 95 Protection order, repeat violations, increased penalty ...... S 1355 -- 67 -- Sexual offender board, documents not disclosed ...... S 1278 182 30 53 Sexual offender classification, qualifying crimes ...... S 1279 183 30 53 Student hazing, initiation into organizations ...... H 594 268 119 224 Suspended sentence, first 240 days ...... S 1459 –- 124 -- Telecommunication line, intentional destruction ...... S 1451 227 118 179/262 Telecommunications line, malicious destruction ...... S 1352 -- 66 -- Terrorism, committing or supporting, felony ...... S 1348 222 65 121 Theft, third offense, felony punishment ...... S 1366 -- 76 -- Vehicular manslaughter, fine/imprisonment increased ...... H 620 356 195 247 Weapons of mass destruction, first degree murder ...... S 1348 222 65 121 Weapons, biological/chemical, first degree murder ...... S 1348 222 65 121 CROPS See AGRICULTURE

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 293

Bill Session Intro. Vote Number Law No. Page Page

-D-

DANIELSON, JUDI Appointment, Member: Pacific Northwest Electric Power and Conservation Planning Council Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 63 Confirmed by Senate ...... 69 DAY CARE Children's therapeutic outdoor program, Health and Welfare license .... S 1318 219 44 76 DEAF Idaho School for Deaf and Blind, appropriation ...... S 1528 339 221 230 Idaho School for Deaf and Blind, contingency fund ...... S 1414 334 99 157 DEATH Anatomical gift laws amended ...... H 702 171 195 256 Body disposition, sole licensed funeral establishment ...... H 432 58 102 144 Family benefits, public safety officers killed on duty ...... S 1310 -- 41 -- Paramedics/EMTs, killed on duty, scholarships ...... S 1356 283 67 158 Public safety officer, family death benefits ...... S 1405 -- 93 -- Public safety officer, family death benefits ...... S 1404 -- 93 -- Tax, support permanent repeal ...... HJM 11 (A) 46 50 Traffic accident memorials, adjacent, state highways ...... H 551 -- 162 -- Unclaimed bodies, coroner's duty to inter ...... H 431 57 102 144 Worker's compensation, income benefits, widow(er) ...... H 599 129 189 259 DEBTORS AND CREDITORS Credit rating, no discrimination, insurance rates ...... S 1408 264 94 159 Credit rating, not basis for high insurance premium ...... S 1323 -- 46 -- Debtor services, permits, applications, violations ...... S 1288 190 33 116 Delinquency charges, increase ...... S 1410 302 94 159 Dishonored check, written notice, service affidavit ...... S 1364 288 76 156 Estate collection affidavits, estate value $75,000 ...... S 1314 216 43 88 Financial transactions, prohibited local ordinances ...... S 1321 -- 45 -- Idaho Credit Code, applicable transactions ...... S 1321 -- 45 -- Insufficient estate, nonprobate transferee liability ...... S 1317 4 43 89 DEFENBACH, WILL SHERIDAN Memorial Service (February 18, 2002) ...... 123 DENTISTRY AND DENTISTS Dentistry Board members, office terms amended ...... H 395 82 189 247 Health coverage, dental surgery, children/disabled ...... S 1338 -- 60 -- Rural areas, oral health care services ...... H 553 354 147 245 DEPARTMENT OF AGRICULTURE See AGRICULTURE, DEPARTMENT OF DEPARTMENT OF HEALTH AND WELFARE See HEALTH AND WELFARE, DEPARTMENT OF DESHON, TERESA Appointment, Member: Lottery Commission Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 74 Confirmed by Senate ...... 82

(A) = Adopted by Senate and House (V) = Vetoed by Governor 294 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

DISABLED Adult prisoners, when entitled to special education ...... H 398 70 110 164 Children, special education, urge mandatory funding ...... HJM 16 (A) 151 183 Developmental Disabilities Council, amend duties ...... H 557 113 151 247 Discrimination prohibited, parent/guardian fitness ...... H 579 233 184 248 Equipment, factors, child custody determination ...... H 577 232 162 248 Guardianship proceeding, appointee compensation ...... S 1313 215 43 88 Guardianship proceeding, separate visitor, guardian ...... S 1315 217 43 94 Health insurance coverage, dental surgery charges ...... S 1338 -- 60 -- Mentally ill, gravely disabled, basic needs ...... H 595 128 162 245 Paramedics/EMTs, scholarships for their dependents ...... S 1356 283 67 158 Parking spaces, location, applications, violations ...... S 1320 -- 45 121 Veterans, wheelchair-bound, transportation fund ...... S 1462 228 125 197 DISASTERS Disaster conditions, exorbitant prices, factors ...... H 731 358 204 256 Disaster declared, excessive sale prices unlawful ...... S 1357 361 67 95 Exorbitantly priced necessities in disaster unlawful ...... S 1309 -- 41 -- Governor's powers, quarantine animals ...... H 517 -- 151 -- Public safety threat, court order, records confidential ...... H 459 -- 133 -- Tax return filing deadlines, automatic extensions ...... H 454 21 49 72 Terrorist activity, insurance stability/availability ...... SJM 112 (A) 116 123 DISEASES Animal, constituting an emergency ...... H 446 87 130 219 Livestock, expenses, deficiency warrants authorized ...... S 1380 291 83 135 Quarantine animals, governor's emergency authority ...... H 517 -- 151 -- DISTRICTS Fire protection, property levy, amount allowed ...... H 724 172 205 257 Fire, commissioner, temporary inability, successors ...... H 574 119 185 244 Highway commissioners, alternative election, terms ...... S 1400 298 93 145 Highway construction bid invitation, publication method ...... S 1398 -- 92 -- Highway, commissioner salaries set by Board ...... H 608 133 162 234 Lease agreements, water/land, Fish and Game Commission ...... S 1389 224 86 158 Legislative, seat vacancy, committee proportional vote ...... S 1445 -- 107 -- Library funds, building ownership interest ...... H 688 154 202 255 Library, budget carryover, capital assets fund ...... H 688 154 202 255 Library, trustee election, zones, powers, directors ...... S 1478 312 151 206 Soil conservation districts, miscellaneous amendments ...... H 555 (V) 184 245 Water/sewer, Board member salary increased ...... H 424 -- 56 164 DIVORCE See DOMESTIC RELATIONS DOMESTIC RELATIONS Child custody cases, appoint parenting coordinator ...... H 541 108 185 236 Child custody factors, disability, equipment/service ...... H 577 232 162 248 Child custody, best interest, promote citizenship ...... S 1330 -- 52 -- Maintenance/support modification, special circumstances ...... S 1419 -- 100 148 DOMESTIC VIOLENCE "Family," includes blood or marriage relatives ...... S 1350 -- 66 -- Definition includes adult dating relationships ...... S 1351 331 66 171 Predominant physical aggressor, police determination ...... S 1350 -- 66 -- Protection order, repeat violations, increased penalty ...... S 1355 -- 67 -- Protection orders, uniform interstate enforcement ...... S 1308 213 41 87

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 295

Bill Session Intro. Vote Number Law No. Page Page

DRIVERS Commercial, background and residency check by instructors ...... S 1437 -- 106 -- Commercial, disqualify, railroad crossing violation ...... S 1277 181 28 52 Driving permit, restricted school attendance type ...... H 610 235 185 261 Driving under influence of marijuana unlawful ...... S 1331 -- 55 -- Driving under influence, repeat offenses, penalties ...... S 1496 335 178 207 Emergency vehicles, yielding/passing when stationary ...... S 1449 -- 118 -- License applicants, selective service registration ...... H 611 161 151 213 License plates, special, 3-year introductory period ...... S 1361 285 70 112 License plates, special, motorcycle safety program ...... S 1443 -- 107 197 License plates, special, peace officer memorial ...... S 1361 285 70 112 Motor fuel, nonpayment, theft, penalties ...... S 1420 -- 100 157 Motorcycle, driving without endorsement, infraction ...... H 597 355 147 209 Under 18 years, misconduct, parent not liable ...... H 665 357 189 246 Under influence, intoxicating substance combination ...... S 1421 253 100 186 Vehicle license plates, special, Corvette ...... S 1442 226 107 206 Vehicles, 5 axles, maximum interstate speed, 65 mph ...... S 1439 -- 106 196 DRUGS See CONTROLLED SUBSTANCES

-E-

EASEMENTS Federal lands, status determination, jurisdiction ...... S 1520 -- 205 -- ECONOMIC DEVELOPMENT Business/industrial development corporations., amendments ...... H 660 145 185 259 President Bush economic security package, support ...... HJM 12 (A) 46 52 Rural home site development, tax classification ...... H 488 341 87 209 Venture capital income tax credit ...... H 684 (V) 202 254 EDUCATION Alternative secondary summer school, support units ...... H 687 154 190 257 American Indian languages, teach in schools ...... S 1411 265 99 145 Annual instruction hours, reduction, deficient funds ...... S 1306 -- 39 -- Board, appropriation, additional ...... H 706 271 190 240 Board, appropriation, additional, vocational rehabilitation ...... H 450 17 48 71 Board, appropriation, colleges and universities ...... S 1487 318 169 196 Board, appropriation, community college support ...... H 722 273 190 241 Board, appropriation, health education programs ...... S 1511 370 189 208 Board, appropriation, Historical Society ...... H 736 177 232 257 Board, appropriation, Idaho School for Deaf and Blind ...... S 1528 339 221 230 Board, appropriation, Public Broadcasting System ...... S 1525 209 221 230 Board, appropriation, special programs ...... H 723 274 190 241 Board, appropriation, State Library Board ...... S 1521 206 217 222 Board, appropriation, Vocational Rehabilitation Division ...... S 1502 195 183 207 Board, authority, failure to abate school safety hazards ...... H 682 -- 190 -- Board, ensure laws compliance by charter schools ...... H 546 110 119 218 Board, equity funding progress report, higher education ...... H 547 -- 130 -- Board, prepare plan to address nursing shortage ...... HCR 58 (A) 185 238 Board/Department, appropriations reduced ...... S 1471 68 143 156 Certificated employees, category 3 contract deleted ...... S 1343 -- 64 –

(A) = Adopted by Senate and House (V) = Vetoed by Governor 296 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

EDUCATION (Continued) Charter school admission preference, transferred student ...... H 544 -- 119 -- Charter schools, administrative staff discrepancy ...... H 543 109 170 244 College savings account, nonqualified withdrawals ...... H 464 50 70 126 Community college tuition, increase limits ...... S 1384 294 86 126 Continuing education requirements, vehicle dealers ...... S 1395 -- 92 158 Department, appropriation ...... S 1522 338 220 229 Department, appropriation, Technology in Learning, intent ...... H 737 262 232 257 Department, bond levy equalization support program/fund ...... S 1433 -- 101 -- Department, value index, school district equalization ...... S 1474 159 147 185/262 Department, value index, school district equalization program ...... S 1473 -- 147 -- Department, value index, school district equalization program ...... S 1475 -- 147 -- Dual enrollment students, academic requirements ...... H 535 106 114 244 Elementary teacher certificate, preservice assessment ...... H 399 71 110 164 Idaho digital learning academy created ...... H 534 105 121 235 Natural resources instruction requirements ...... S 1413 -- 99 -- Prekindergarten, school age, 4-years old ...... S 1304 -- 39 112 Professional-Technical Education, appropriation ...... S 1524 208 221 229 Public educational information, fertilizer labels ...... S 1381 – 83 -- Public safety, railroad crossing protection funds ...... H 516 76 114 170 Pupil attending school in border state, calculation ...... S 1363 287 75 138 Reading assessment report, which students included ...... S 1412 303 99 157 Religious organizations, degrees/diplomas awarded ...... S 1393 -- 92 -- Scholarship eligibility, student outside of U.S...... H 570 117 184 246 School achievement standards, legislative study committee ...... SCR 127 -- 97 114 Self-instructed course, car insurance discount ...... S 1444 368 107 196 Sex education, promote moral development ...... HCR 57 (A) 185 216 Special, disabled children, urge mandatory funding ...... HJM 16 (A) 151 183 Special, when adult prisoners entitled ...... H 398 70 110 164 Superintendent, 2002-2007 salary ...... S 1529 340 221 232 Superintendent, 2004-2006 salary ...... S 1498 -- 178 -- Superintendent, school laws pamphlet duty repealed ...... S 1362 286 75 138 Teacher annual assembly, meeting, time spent ...... S 1415 -- 99 -- EDUCATION, STATE BOARD OF Agidius, Paul: Member Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 Manning, General Darrell: Member Appointed by Governor Kempthorne/to Education ...... 236 Committee Report ...... 237 Confirmed by Senate ...... 250 Stone, Laird B.: Member Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 ELDERLY See SENIOR CITIZENS ELECTION, ATTACHES See ATTACHES, ELECTION OF See also INDEX SECTION III ELECTION, CERTIFICATE OF See also SUBSTITUTE SENATORS Senators ...... 2

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 297

Bill Session Intro. Vote Number Law No. Page Page

ELECTIONS Absentee ballots, deadlines, retain in secure place ...... H 612 236 151 219 Candidates, contributions/expenditure report filing ...... H 707 240 190 254 City election procedures, miscellaneous amendments ...... H 503 75 114 163 City, involuntary annexation, adjacent territory, vote ...... S 1334 -- 55 -- District judges, governor-appointed, term of office ...... S 1312 214 43 141 Election systems improvement, Democracy Fund created ...... H 613 237 151 219 Highway commissioners, alternative election, terms ...... S 1400 298 93 145 Legal forms, modernize date references ...... H 430 32 56 111 Library bond election, two-thirds majority ...... H 688 154 202 255 Persuasive poll requirements, apply to city officers ...... H 648 142 170 243 Persuasive poll, ballot measure, identify source ...... S 1446 -- 109 -- Political advertising, identify financial source ...... S 1446 -- 109 -- School district indebtedness, 60% voter assent ...... SJR 103 -- 98 -- School levies, extra election dates ...... H 470 -- 79 -- School trustees, fourth Tuesday in May ...... H 475 -- 83 -- School unit discontinuation, qualified electors ...... S 1485 317 162 206 Term limits for elected officials repealed ...... H 425 1 51 61 ELECTRICITY AND ELECTRICIANS Electrical Board members, term of office ...... H 504 98 125 258 Electrical contractor, no local practice fees ...... H 631 139 147 256 Electricians, journeyman/master, license requirement ...... H 585 123 147 228 Electricians, license renewal, fees ...... H 407 53 32 139 Electricity-generating equipment, construction roll ...... H 582 344 151 213 Energy facilities, malicious damage unlawful ...... S 1347 -- 65 141 Idaho Electricity Authority created ...... S 1505 -- 184 -- Net metering system, utility/customer rights and duties ...... S 1368 -- 76 -- ELECTRONIC TECHNOLOGY Business data, unauthorized control prohibited ...... S 1455 -- 119 -- Computer monitors, special waste treatment ...... S 1416 -- 100 -- Digital signatures, engineers/surveyors ...... H 410 6 32 58 Electronic communications, interceptions ...... S 1349 223 65 152 Electronic recordings, certain court proceedings ...... H 500 96 185 258 Government information, provide nonvisual access ...... HCR 56 (A) 185 217 Idaho digital learning academy created ...... H 534 105 121 235 Information technology council, establish policies ...... S 1461 310 124 163 Secretary of State, records databases, fees ...... H 588 124 162 242 State agency reports to legislature, electronic format ...... HCR 50 -- 155 201 Technology in Learning Council, appropriation, intent ...... H 737 262 232 257 Telecommunications, wireless/cellular, destruction ...... S 1352 -- 66 -- Telephone/videoconferencing, attend public meeting ...... S 1369 290 76 115 Water Resources Department, digital boundaries ...... S 1425 306 101 223 EMERGENCIES Building evacuation, response plans, no disclosure ...... H 560 62 110 140 Closed area, liability, rescue response expenses ...... H 467 267 114 213 Disaster conditions, exorbitant prices, factors ...... H 731 358 204 256 Emergency declared, excessive sales prices unlawful ...... S 1357 361 67 95 Emergency medical services, sales tax exemption ...... H 581 120 185 248 Emergency phone call, intentional interruption, penalty ...... S 1353 -- 66 -- Emergency vehicles, yielding/passing when stationary ...... S 1449 -- 118 -- National missile defense system, support implementing ...... HJM 13 (A) 61 82 Service provider, telecommunications destruction ...... S 1451 227 118 179/262 Terrorist activity, insurance stability/availability ...... SJM 112 (A) 116 123 Trauma registry system established ...... S 1319 329 44 76 War on terrorism, appreciate/support leaders ...... HCR 40 (A) 50 82

(A) = Adopted by Senate and House (V) = Vetoed by Governor 298 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

EMERGENCY MEDICAL TECHNICIANS Killed on duty, family death benefits ...... S 1310 -- 41 -- Killed on duty, family death benefits ...... S 1404 -- 93 -- EMINENT DOMAIN Business damage claims, procedures, deadlines, records ...... S 1401 -- 93 -- Property compensation, review by certified appraiser ...... H 427 31 56 103 EMPLOYEES, SENATE Compensation ...... SR 103 (A) 29 32 List of ...... 14 Election and Oath of Office ...... 14 List of (2nd Term Pages) ...... 129 Election and Oath of Office (2nd Term Pages) ...... 129 EMPLOYERS AND EMPLOYEES Agricultural inspector, overtime pay on holidays ...... H 444 -- 130 219 Civil service, examination exception, former employee ...... H 469 51 87 127 Correction Department deputy administrator, nonclassified ...... S 1295 192 37 88 Court of Appeals, nonclassified employees ...... S 1285 188 31 56 Employer Public Employee Retirement System remittance, due date .... H 413 8 41 58 Government employee, election of relative ...... S 1422 304 100 139 Government hiring preference, war veteran defined ...... H 616 134 151 233 Government proposed rules, notice, affected workplace ...... S 1483 -- 162 -- Health reinsurance, newborn dependents, eligibility ...... S 1506 197 184 211 Idaho Public Employee Recognition Week proclaimed ...... SCR 124 (A) 90 109 Minimum wage, piece rate workers under 17 exempt ...... S 1291 -- 33 -- New employees tax credit, sunset clause repealed ...... H 651 -- 170 244 Public Employee Retirement System, unused sick leave, insurance ..... S 1403 -- 93 -- Public, purchase, past public employee service ...... S 1453 -- 119 -- School, noncertificated employees, reemployment, notice ...... S 1429 -- 101 -- School, noncertificated employees, renewable contracts ...... S 1430 -- 101 -- Teachers, category 3 contract deleted ...... S 1343 -- 64 -- Unemployment benefits/contributions, Indian tribes ...... S 1290 45 33 57 Veterans administrators, nonclassified employees ...... H 412 54 41 139 Worker Adjustment Act, strict time compliance ...... HJM 15 (A) 125 188 ENDANGERED SPECIES ACT See CONSERVATION ENDOWMENT FUND INVESTMENT BOARD Mitchell, William D.: Appointment/Member Appointed by Governor Kempthorne/to Commerce & Human Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 Woodall, Parker G.: Appointment/Member Appointed by Governor Kempthorne/to Commerce & Human Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 ENERGY Facilities, malicious damage unlawful ...... S 1347 -- 65 141 Net metering system, utility/customer rights/duties ...... S 1368 -- 76 -- ENGINEERS AND SURVEYORS Board exemption, twelve years' experience ...... H 410 6 32 58 Digital signatures ...... H 410 6 32 58 Land surveyor, professional examination requirements ...... H 589 125 155 246

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 299

Bill Session Intro. Vote Number Law No. Page Page

ENVIRONMENT Agriculture waste, construction/approval/violations ...... H 726 261 195 245 Basin improvement project, Washington representative ...... H 489 39 79 112 Carbon sequestration advisory committee created ...... S 1379 365 83 135/239 Coeur d'Alene Basin cleanup, support executive branch ...... SCR 132 (A) 160 177 Environmental health specialist board repealed ...... H 552 111 151 210 Environmental Quality Department, appropriation ...... H 693 164 185 233 Environmental Quality Department, appropriation reduced ...... S 1471 68 143 156 EPA draft temperature guidance document, protest ...... HJM 18 (A) 162 201 Motor vehicle tires, recycling, disposal, fees ...... S 1394 -- 92 199 Natural resources education, instruction requirements ...... S 1413 -- 99 -- Quality Department/Board rules, stricter than federal, notice ...... H 658 144 162 231 Salmon, augment water flow, years 2002-2004 ...... H 666 349 185 254 Water, total daily maximum load, development, report ...... S 1428 -- 101 -- ESTATES Abandoned property notice, minimum value increased ...... H 441 34 56 111 Beneficiaries, security account, trust companies ...... H 584 122 155 258 Guardianship proceeding, appointee compensation ...... S 1313 215 43 88 Guardianship proceeding, separate visitor, guardian ...... S 1315 217 43 94 Nonprobate transferee liability, insufficient estate ...... S 1317 4 43 89 Property collection affidavits, estate value ...... S 1314 216 43 88 Property presumed abandoned, time period reduced ...... H 439 -- 56 115 Qualified funeral trusts, residency, taxation ...... H 455 36 61 111 ETHICS Government employee, election of relatives ...... S 1422 304 100 139 EVIDENCE Court testimony/proceedings, electronic recordings ...... H 500 96 185 258 False testimony, cause of action by injured party ...... H 598 -- 185 --

-F-

FARMS AND FARMING See AGRICULTURE FEES Abandoned vehicle, disposition/responsibility ...... S 1396 366 92 142 Accountancy Board, fees amended ...... H 485 92 110 234 Commercial hazardous waste, disposal fees amended ...... H 735 176 237 257 Court, civil actions, prisoner ability to pay ...... S 1386 296 86 163 Electrical contractor, no local practice fees ...... H 631 139 147 256 Electrician license fees amended ...... H 407 53 32 139 Food establishment licensing extended, fee increased ...... H 640 140 195 256 Insurance producer compensation, disclosures ...... S 1324 359 46 88 Lawyers, bar association fees amended ...... H 628 138 155 239 License plate, snowskier, consult ski association ...... S 1276 180 28 116 Mobile wireless carriers, primary Idaho use ...... S 1477 311 151 196 Mortician Board, rule rejected ...... SCR 131 (A) 149 161 Nursing license fee increased ...... H393 80 147 247 PUC, intervenor fees increased ...... S 1373 -- 78 -- PUC, mobile telecommunications surcharge, Idaho use ...... S 1392 -- 87 -- Secretary of State, records access ...... H 588 124 162 242 Treated hazardous waste, commercial disposal fees ...... S 1467 -- 130 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor 300 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

FENCES Land surveyor, establish property boundary lines ...... H 411 7 32 58 FINANCE Department administrator, fraud cease/desist orders ...... S 1321 -- 45 -- Department administrator, fraudulent conduct injunction ...... S 1407 301 93 152 Department, appropriation ...... H 711 244 190 240 Financial Management Division, appropriation ...... H 715 248 190 240 Financial Management Division, appropriation ...... S 1463 -- 129 -- Financial transactions, prohibited local ordinances ...... S 1321 -- 45 -- FINES Farm dealers, violations, civil penalties ...... H 561 114 151 219 Underground utilities, excavations, markings, damage ...... H 678 351 189 253 Vehicular manslaughter, fine/imprisonment increased ...... H 620 356 195 247 FIRE AND FIREFIGHTERS District commissioner, temporary inability ...... H 574 119 185 244 Fire code references, changed to international ...... H 409 86 144 223 Killed on duty, family death benefits ...... S 1404 -- 93 -- Killed on duty, family death benefits ...... S 1405 -- 93 -- Killed on duty, family death benefits ...... S 1310 -- 41 -- Part-time, killed/disabled, dependent scholarships ...... S 1356 283 67 158 Protection district, property levy, amount allowed ...... H 724 172 205 257 Suppression Deficiency Fund, appropriation, additional ...... H 435 14 48 71 Uniform Fire Code, amend, short term events ...... S 1470 -- 137 -- Volunteer fire departments, sales tax exemption ...... H 581 120 185 248 FIREARMS See also WEAPONS Unlawful possession clarified ...... S 1282 187 31 56 FISH AND GAME Bear/lion depredation, livestock includes goats ...... S 1333 278 55 115 Big game depredation funds, investment, claims ...... H 539 -- 155 -- Commission, authority to enter into lease agreements ...... S 1389 224 86 158 Commission, land acquisition, reasons, county support ...... S 1371 -- 78 -- Department, appropriation ...... S 1512 230 189 208 Department, wolf management plan, authorization extended ...... S 1499 327 178 197 Exchange residency information with Tax Commission ...... H 549 79 119 165 Pheasants, improve habitat, cease stocking ...... SCR 119 -- 34 -- Unlawful minnow taking, Kootenai River included ...... H 419 48 76 125 Wolf Conservation & Management Plan approved ...... SCR 122 -- 79 -- Wolf Conservation & Management Plan, amend ...... SCR 133 -- 165 -- Wolf Conservation & Management Plan, amend ...... SCR 134 (A) 172 188 Wolf management plan, adequate federal funding ...... S 1376 -- 82 -- Yellowstone Grizzly Bear management plan approved ...... HCR 49 -- 195 -- Yellowstone Grizzly Bear management, federal funding ...... H 587 -- 195 -- Yellowstone Grizzly Bear, amended plan approved ...... HCR 62 (A) 237 250 Youth small game/junior mentored hunting licenses ...... H 604 234 155 236 FISH AND GAME COMMISSION Hadley, Nancy H.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 24 Committee Report ...... 146 Confirmed by Senate ...... 150

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 301

Bill Session Intro. Vote Number Law No. Page Page

FLAG CEREMONY Idaho National Guard Honor Guard raising State Flag over Senate Dome . 2 “Here We Have Idaho,” performed by Mr. Con Hobson ...... 3 Idaho National Guard Honor Guard lowering State Flag at Sine Die: ... 261 Presentation to Majority Leader of the Senate Jim Risch ...... 261 “Here We Have Idaho,” performed by Mr. George Gorsuch ..... 261 FOOD Establishment licensure extended, fee increased ...... H 640 140 195 256 Organic, council meetings, when held ...... H 447 88 130 219 Organic, violations, civil penalty increased ...... H 447 88 130 219 FUELS Gasohol, tax reduction, deduction, refunds ...... H 426 30 56 103 Motor fuel distributor tax laws amended ...... H 732 174 232 253 Motor fuel, nonpayment, theft, penalties ...... S 1420 -- 100 157 FUNDS See also ENDOWMENT FUND See also ACCOUNTS Agriculture Odor Management Fund created ...... H 726 261 195 245 Big game depredation, investment, claims compensation ...... H 539 -- 155 -- Budget Stabilization, transfer money to General Fund ...... S 1301 4 39 46 Budget Stabilization, transfer to General Fund ...... S 1517 205 201 220 Capitol Endowment Income, appropriation to General Fund ...... H 701 156 189 239 Capitol Endowment Income, transfer to General Fund ...... S 1517 205 201 220 Carbon Sequestration Assessment Fund created ...... S 1379 365 83 135/239 Catastrophic Health Care Cost Fund, appropriation ...... H 699 170 185 234 Children's Trust, report, continue existence ...... S 1382 292 83 141 Decrease in federal funding, notice to legislature ...... H 474 -- 83 -- Democracy Fund created, improve election systems ...... H 613 237 151 219 Endowment Fund Investment Board, appropriation ...... H 692 163 185 233 Endowment, school bond, guaranteed debt amount ...... H 668 147 185 253 Federal highway funds, request increase ...... HJM 21 (A) 190 238 Fire Suppression Deficiency, appropriation, additional ...... H 435 14 48 71 Idaho Code, moneys transferred to General Fund ...... H 452 19 48 71 Idaho Millennium Income Fund, proper expenditures ...... SJR 104 -- 108 -- Idaho Millennium/Income Funds, proper expenditures ...... SJR 106 -- 214 222 Idaho School for Deaf and Blind, contingency reserve ...... S 1414 334 99 157 Idaho venture investment fund established ...... H 684 (V) 202 254 Joint millennium fund commission, funding recommendations ...... H 486 352 83 170 Legislative, appropriation reduced ...... S 1471 68 143 156 Livestock disease control, deficiency warrants ...... S 1380 291 83 135 Master Settlement Agreement, deposit, General Fund ...... H 701 156 189 239 Master Settlement Agreement, deposit, General Fund ...... S 1517 205 201 220 Millennium Income Fund, appropriation to various programs ...... H 676 350 170 218 Permanent Building, appropriation to General Fund ...... H 701 156 189 239 Permanent Building, transfer to General Fund ...... S 1517 205 201 220 Pest Control Deficiency, appropriation, additional ...... H 434 10 48 61 Pest control, Agriculture Department, appropriation ...... S 1292 2 34 42 Public Health Trust Fund, appropriation ...... S 1501 194 183 207 Public school income, deficient, school hours reduced ...... S 1306 -- 39 -- Railroad grade crossing protection, public education ...... H 516 76 114 170 School building deferred maintenance fund, deposit ...... S 1432 -- 101 -- School district building deferred maintenance fund ...... S 1476 -- 147 -- School revolving, pay interest costs, school safety ...... S 1431 157 101 179 School safety/health revolving, continuous appropriation ...... S 1307 -- 39 -- Seed Indemnity Fund established ...... H 522 256 162 235 Veterans Transportation Fund created ...... S 1462 228 125 197 FUNERALS Body disposition, sole licensed funeral establishment ...... H 432 58 102 144 Qualified funeral trusts, residency, taxation ...... H 455 36 61 111

(A) = Adopted by Senate and House (V) = Vetoed by Governor 302 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

-G-

GAMBLING See also RACING Economic effects, hire consultant, appropriation ...... S 1518 -- 201 220 GEOLOGY AND GEOLOGISTS Annual roster repealed ...... H 420 266 114 171 Board, member requirements/duties amended ...... H 420 266 114 171 Registration/examination, fee requirements ...... H 420 266 114 171 GOVERNMENT Bond bank authority, miscellaneous amendments ...... H 669 148 185 253 Civil service, examination exception, former employee ...... H 469 51 87 127 Correction Department deputy administrator, nonclassified ...... S 1295 192 37 88 Court of Appeals, nonclassified employees ...... S 1285 188 31 56 Eminent domain, business damage claims, records ...... S 1401 -- 93 -- Employee, subsequent election of relation ...... S 1422 304 100 139 English, official language of Idaho government ...... S 1469 -- 137 -- Environmental health specialist Board repealed ...... H 552 111 151 210 Hiring preference, war veteran defined ...... H 616 134 151 233 Idaho Electricity Authority created ...... S 1505 -- 184 -- Idaho Public Employee Recognition Week proclaimed ...... SCR 124 (A) 90 109 Information technology council, establish policies ...... S 1461 310 124 163 Information technology, provide nonvisual access ...... HCR 56 (A) 185 217 Lava Hot Springs Foundation, powers & duties ...... H 422 55 87 140 Laws applicable, charter schools ...... S 1383 293 86 138 Proposed rules, notice posted in affected workplace ...... S 1483 -- 162 -- Public meeting, attendance via telecommunications ...... S 1369 290 76 115 Purchasing preference, recycled motor oil ...... H 476 -- 102 -- Purchasing preference, wood/plant products ...... H 507 -- 143 -- Vehicles, juvenile corrections, no state markings ...... H 405 29 48 102 Veterans administrators, nonclassified employees ...... H 412 54 41 139 GOVERNOR Appointments: See GUBERNATORIAL APPOINTMENTS See also: LIEUTENANT GOVERNOR, OFFICE OF Budget Address; Governor Dirk Kempthorne, Message by ...... HCR 38 (A) 15 15 Certificate and Letter of Appointment (Effective May 24, 2001) Senator Brad Little, District 8 ...... 1 Certificate and Letter of Appointment (Effective October 12, 2001) Senator Bert Marley, District 33 ...... 1 Certificate and Letter of Appointment (Effective December 24, 2001) Senator Brent Hill, District 27 ...... 2 Certificate and Letter of Appointment (Effective January 17, 2002) Acting Senator Fay Messinger, District 17 ...... 35 Certificate and Letter of Appointment (Effective February 19, 2002) Acting Senator Jason Risch, District 12 ...... 133 Certificate and Letter of Appointment (Effective January 28, 2002) Acting Senator Martin Thorne, District 12 ...... 52 Certificate and Letter of Appointment (Effective January 21, 2002) Acting Senator Anne Pasley-Stuart, District 19 ...... 41 Certificate and Letter of Appointment (February 4, 2002) Acting Senator Judy Bartlett, District 9 ...... 75 State of the State Address (January 7, 2002) ...... HCR 37 (A) 4 4

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 303

Bill Session Intro. Vote Number Law No. Page Page

GOVERNOR (Continued) Veto Messages: See Also: VETO MESSAGES ...... 68 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Budget address ...... HCR 38 (A) 15 15 Coeur d'Alene Basin cleanup, support executive branch ...... SCR 132 (A) 160 177 Disaster emergency authority, quarantine animals ...... H 517 -- 151 -- Lieutenant Governor, appropriation ...... S 1466 67 130 156 Office of, appropriation ...... S 1464 65 129 156 Office of, appropriation reduced ...... S 1471 68 143 156 Office of, appropriation, additional, Military Division ...... S 1293 3 34 42 Office of, appropriation, additional/reduced, Military Division ...... H 462 25 56 73 Office of, appropriation, Blind/Visually Impaired Commission ...... S 1500 193 183 206 Office of, appropriation, Commission on Aging ...... S 1481 315 161 192 Office of, appropriation, Financial Management Division ...... S 1463 -- 129 -- Office of, appropriation, Financial Management Division ...... H 715 248 190 240 Office of, appropriation, Human Resources Division ...... S 1456 63 124 156 Office of, appropriation, Human Rights Commission ...... H 719 272 190 241 Office of, appropriation, Idaho Women's Commission ...... H 721 251 190 241 Office of, appropriation, Military Division ...... H 713 246 190 240 Office of, appropriation, Public Employee Retirement System of Idaho .. S 1457 64 124 156 Office of, appropriation, Species Conservation Office ...... S 1494 325 178 199 Office of, appropriation, State Liquor Dispensary ...... H 720 272 190 241 State of the State address ...... HCR 37 (A) 4 4 GUARDIANS Disabled, fitness, discrimination prohibited ...... H 579 233 184 248 Guardian Ad Litem Fund, appropriation ...... H 716 249 190 241 Guardianship proceeding, appointee compensation ...... S 1313 215 43 88 Guardianship proceeding, separate visitor, guardian ...... S 1315 217 43 94 GUBERNATORIAL APPOINTMENTS AGING, IDAHO OFFICE ON Bauer, Lois.: Director Appointed by Governor Kempthorne/to State Affairs ...... 24 Committee Report ...... 40 Confirmed by Senate ...... 43 AERONAUTICS ADVISORY BOARD Miller, Kathleen: Member Appointed by Governor Kempthorne/to Transportation ...... 35/36 Committee Report ...... 169 Confirmed by Senate ...... 177 Parish, William R.: Member Appointed by Governor Kempthorne/to Transportation ...... 27 Committee Report ...... 187 Confirmed by Senate ...... 195 Sorensen, Rodger Lee: Member Appointed by Governor Kempthorne/to Transportation ...... 35 Committee Report ...... 80 Confirmed by Senate ...... 85

(A) = Adopted by Senate and House (V) = Vetoed by Governor 304 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

GUBERNATORIAL APPOINTMENTS (Continued) BINGO-RAFFLE ADVISORY BOARD Periman, Lee: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 Roberts, Veeta C.: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 BLIND AND VISUALLY IMPAIRED, COMMISSION FOR THE Pearce, C. Kelly: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 EDUCATION, BOARD OF Agidius, Paul: Member Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 Manning, General Darrell: Member Appointed by Governor Kempthorne/to Education ...... 236 Committee Report ...... 237 Confirmed by Senate ...... 250 Stone, Laird B.: Member Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 ENDOWMENT FUND INVESTMENT BOARD Mitchell, William D.: Member Appointed by Governor Kempthorne/to Commerce & Human...... Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 Woodall, Parker G.: Member Appointed by Governor Kempthorne/to Commerce & Human Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 FISH AND GAME COMMISSION Hadley, Nancy H.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 24 Committee Report ...... 146 Confirmed by Senate ...... 150 HEALTH AND WELFARE, BOARD OF Henriksen, Bert: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 Penfold, Janet: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 37 Committee Report ...... 63 Confirmed by Senate ...... 69

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 305

Bill Session Intro. Vote Number Law No. Page Page

GUBERNATORIAL APPOINTMENTS (Continued) HUMAN RIGHTS, IDAHO COMMISSION ON Chaves, Eloy: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 77 Confirmed by Senate ...... 82 Johnson, Ruthie: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 Maloff, Dr. Stephen M.: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 Maxwell, Clarisse: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 40 Confirmed by Senate ...... 43 Zamora, Estella O.: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 99 Confirmed by Senate ...... 114 INDUSTRIAL COMMISSION Limbaugh, Thomas E.: Member Appointed by Governor Kempthorne/to Commerce & Human...... Resources 28 Committee Report ...... 75 Confirmed by Senate ...... 82 JUDICIAL COUNCIL McKinney, Helen: Member Appointed by Governor Kempthorne/to Judiciary & Rules ...... 27 Committee Report ...... 143 Confirmed by Senate ...... 169 LOTTERY COMMISSION Deshon, Teresa: Member Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 74 Confirmed by Senate ...... 82 Jones, Roger: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 63 Confirmed by Senate ...... 70 OUTFITTERS AND GUIDES LICENSING BOARD Bernt, William C.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 176 Confirmed by Senate ...... 183 Hunsucker, C. Wayne: Member Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 176 Confirmed by Senate ...... 183 PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL Danielson, Judi: Member Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 63 Confirmed by Senate ...... 69

(A) = Adopted by Senate and House (V) = Vetoed by Governor 306 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

GUBERNATORIAL APPOINTMENTS (Continued) PARDONS AND PAROLE COMMISSION Holm, Del Ray: Member Appointed by Governor Kempthorne/to Judiciary and Rules ...... 25 Committee Report ...... 48 Confirmed by Senate ...... 50 PUBLIC EMPLOYEE RETIREMENT SYSTEM BOARD Sullivan, Dr. J. Kirk: Member Appointed by Governor Kempthorne/to Commerce & Human...... Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 RACING COMMISSION Hunt, Carolyn: Member Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 204 Confirmed by Senate ...... 217 Steinley, Oscar R.: Member Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 40 Confirmed by Senate ...... 43 SEXUAL OFFENDER’S CLASSIFICATION BOARD Hearn, Thomas J.: Member Appointed by Governor Kempthorne/to Judiciary & Rules ...... 22 Committee Report ...... 55 Confirmed by Senate ...... 60 STATE BUILDING AUTHORITY, IDAHO Reberger, J. Philip: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Story, Patricia J.: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Tracy, Bud: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 74 Confirmed by Senate ...... 82 TAX APPEALS, BOARD OF Kinghorn, David: Member Appointed by Governor Kempthorne/to Local Government & Taxation 27 Committee Report ...... 113 Confirmed by Senate ...... 118 TRANSPORTATION, BOARD OF Combo, John X.: Member Appointed by Governor Kempthorne/to Transportation ...... 23 Committee Report ...... 80 Confirmed by Senate ...... 85

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 307

Bill Session Intro. Vote Number Law No. Page Page

GUBERNATORIAL APPOINTMENTS (Continued) WATER RESOURCE BOARD Beck, Leonard: Member Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 122 Confirmed by Senate ...... 129 Chamberlain, Gary: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Jordan, Joseph L.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Storer, Claude: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Uhling, Terry T.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129

-H-

HADLEY, NANCY H. Appointment, Member: Fish and Game Commission Appointed by Governor Kempthorne/to Resources & Environment .. 24 Committee Report ...... 146 Confirmed by Senate ...... 150 HANSEN, RODNEY ALTON Memorial Service (February 18, 2002) ...... 123 HAZARDOUS SUBSTANCES Anhydrous ammonia, theft, unlawful storage ...... H 564 257 162 224 Commercial hazardous waste, disposal fees amended ...... H 735 176 237 257 Computer monitors, special waste treatment ...... S 1416 -- 100 -- Emergency Response Fund, appropriation, additional ...... S 1293 3 34 42 Harmful substances, false threats, felony ...... S 1346 -- 65 141 Treated hazardous waste, commercial disposal fees ...... S 1467 -- 130 -- HEALTH Catastrophic Health Care Cost Fund, appropriation ...... H 699 170 185 234 Education programs, appropriation, Education Board ...... S 1511 370 189 208 Family Services Alliance, sales tax exemption ...... H 482 90 170 243 Insurance rights, Public Employee Retirement System, widow/widower . S 1452 -- 118 -- Insurance, coverage required, dental surgery ...... S 1338 -- 60 -- Insurance, premium rate index bands, retain, report ...... H 505 99 184 229 Insurance, prescription drug information card required ...... S 1328 -- 48 -- Insurance, public employee, value of unused sick leave ...... S 1403 -- 93 -- Millennium Income Fund, appropriation to various programs ...... H 676 350 170 218 Public Health Trust Fund, appropriation ...... S 1501 194 183 207 Public, Health and Welfare Department, additional ...... S 1491 322 178 198 Reinsurance program, newborn dependent, eligibility ...... S 1506 197 184 211 Rural health care, dentists, dental hygienists ...... H 553 354 147 245 Sanitation standards, swimming pools, exceptions ...... S 1294 191 37 53

(A) = Adopted by Senate and House (V) = Vetoed by Governor 308 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

HEALTH AND WELFARE Alcoholism, criminal law limitations, exceptions ...... S 1286 189 31 57 Children's insurance outreach, legislative intent ...... S 1305 -- 39 -- Children's therapeutic outdoor programs, licensing ...... S 1318 219 44 76 Department rights, medicaid recipient, third party claims ...... S 1472 369 146 222 Department, appropriation, additional, Independent Councils ...... S 1489 320 177 198 Department, appropriation, additional, Indirect Support Services ...... S 1489 320 177 198 Department, appropriation, Family and Community Services ...... S 1488 319 177 197 Department, appropriation, Medical Assistance Services ...... S 1490 321 178 198 Department, appropriation, Medical Assistance, amended ...... H 740 179 249 252 Department, appropriation, Public Health Services ...... S 1491 322 178 198 Department, appropriation, Welfare Division ...... S 1492 323 178 198 Department, appropriations amended ...... S 1471 68 143 156 Sheltering assets presumption, transfer to spouse ...... S 1336 279 60 122 Swimming pools rule rejected ...... SCR 120 (A) 62 81 Swimming pools, sanitation standards, exceptions ...... S 1294 191 37 53 Trauma registry system established ...... S 1319 329 44 76 Vital statistics, stillbirth clinical gestation ...... S 1329 277 50 95 HEALTH AND WELFARE, STATE BOARD OF Henriksen, Bert: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 Penfold, Janet: Member Appointed by Governor Kempthorne/to Health & Welfare ...... 37 Committee Report ...... 63 Confirmed by Senate ...... 69 HEARN, THOMAS J. Appointment, Member: Sexual Offender’s Classification Board Appointed by Governor Kempthorne/to Judiciary & Rules ...... 22 Committee Report ...... 55 Confirmed by Senate ...... 60 HENRIKSEN, BERT Appointment, Member: Health and Welfare, State Board of Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 HIGHWAYS Commissioners, alternative election, term of office ...... S 1400 298 93 145 Construction contract bid invitation, publication ...... S 1398 -- 92 -- District commissioners Board, set commissioner salaries ...... H 608 133 162 234 Expenditures, excludes personal services performance ...... S 1399 -- 93 145 Federal highway funds, request increase ...... HJM 21 (A) 190 238 Federal lands, rights-of-way status determination ...... S 1520 -- 205 -- Multistate Highway Transportation Agreement amended ...... S 1438 -- 106 -- Off-road motor vehicle grants, regulatory program ...... S 1436 -- 106 -- Traffic accident memorials, adjacent, state highways ...... H 551 -- 162 -- Transportation Department, appropriation ...... S 1510 201 189 208 Vehicles, studded tires, requirements, dates allowed ...... S 1397 -- 92 -- HILL, BRENT Appointment: Senator, District 27 Certificate of Appointment (Effective December 24, 2001) ...... 2 Oath of Office ...... 2

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 309

Bill Session Intro. Vote Number Law No. Page Page

HISTORICAL SOCIETY Appropriation ...... H 736 177 232 257 Geographic name changes, local recommendations ...... HCR 53 (A) 170 201 HOBSON, CON Flag Ceremony, Singer: “Here We Have Idaho,” January 7, 2002 ..... 3 HOLIDAYS "Decoration Day" renamed "Memorial Day" ...... H 662 146 170 242 HOLM, DEL RAY Appointment, Member: Commission on Pardons and Parole Appointed by Governor Kempthorne/to Judiciary & Rules ...... 25 Committee Report ...... 48 Confirmed by Senate ...... 50 HOMES Condominium, ownership interest allocation, change ...... H 528 78 114 163 Homeowner association lien, filing/duration ...... S 1326 275 48 77/251 Liens, contractor disclosure to homeowners ...... S 1454 307 119 159 Manufactured, treated as real property, when ...... H 559 61 119 141 Nonprofit, low-income housing, property tax exempt ...... H 652 162 202 257 HORSE RACING See RACING, RACING COMMISSION HOSPITALS Health coverage, dental surgery, children/disabled ...... S 1338 -- 60 -- Indigents, necessary medical services, exclusions ...... H 677 -- 189 -- Mentally ill, hospitalization, basic needs defined ...... H 595 128 162 245 Nonexecutive hospital employees, not public officials ...... S 1497 -- 178 -- Trauma registry system established ...... S 1319 329 44 76 HOTELS AND MOTELS Swimming pools, sanitation standards, exception ...... S 1294 191 37 53 HOUSE OF REPRESENTATIVES Legislation, committee hearing/vote, when guaranteed ...... HCR 61 -- 249 -- HUMAN RIGHTS Commission, appropriation ...... H 719 272 190 241 HUMAN RIGHTS, IDAHO COMMISSION ON Chaves, Eloy: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 77 Confirmed by Senate ...... 82 Johnson, Ruthie: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 Maloff, Dr. Stephen M.: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 Maxwell, Clarisse: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 40 Confirmed by Senate ...... 43 Zamora, Estella O.: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 99 Confirmed by Senate ...... 114

(A) = Adopted by Senate and House (V) = Vetoed by Governor 310 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

HUNSUCKER, C. WAYNE Appointment, Member: Idaho Outfitters & Guides Licensing Board Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 176 Confirmed by Senate ...... 183 HUNT, CAROLYN Appointment, Member: Racing Commission, Idaho State Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 204 Confirmed by Senate ...... 217 HUNTING See FISH AND GAME

-I-

IDAHO CODE Fund, moneys transferred to General Fund ...... H 452 19 48 71 Internal Revenue Code, code reference corrected ...... S 1303 46 39 57 Internal Revenue Code, update code references ...... H 492 59 110 140 Legal forms, modernize date references ...... H 430 32 56 111 IDAHO JUDICIAL COUNCIL Smith, Judge Randy: Council Member Appointed by Idaho State Bar, Board of Commissioners/to Judiciary & Rules ...... 49 Committee Report ...... 143 Confirmed by Senate ...... 146 IDAHO NATIONAL GUARD, HONOR GUARD Presentation of State Flag/raised above Senate Dome ...... 2 Idaho National Guard Honor Guard lowering State Flag at Sine Die .... 261 Presentation of Flag to Majority Leader Jim Risch ...... 261 IDAHO STATE BAR See Also: IDAHO JUDICIAL COUNCIL Appointment: Smith, Judge Randy Appointed by Idaho State Bar, Board of Commissioners/to Judiciary and Rules ...... 49 Committee Report ...... 143 Confirmed by Senate ...... 146 IDAHO STATE TAX COMMISSION See: TAX COMMISSION, IDAHO STATE IDAHO STATE UNIVERSITY See COLLEGES AND UNIVERSITIES INCOME TAX See TAX AND TAXATION, INCOME INDIANS See NATIVE AMERICANS INDUSTRIAL COMMISSION Appropriation ...... S 1479 313 161 186 Appropriation, additional ...... H 449 16 48 71 Victims' compensation, limitation, records, expenses ...... H 623 136 185 247 Worksite safety inspections, authorization ...... H 590 126 189 246

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 311

Bill Session Intro. Vote Number Law No. Page Page

INDUSTRIAL COMMISSION, BOARD Limbaugh, Thomas E.: Appointment Appointed by Governor Kempthorne/to Commerce & Human...... Resources 28 Committee Report ...... 75 Confirmed by Senate ...... 82 INSPECTIONS AND INSPECTORS Agricultural, overtime pay on holidays ...... H 444 -- 130 219 Animal Industries Division, duties, emergency diseases ...... H 446 87 130 219 School building safety, annual inspections, factors ...... H 590 126 189 246 Worksite safety inspections, Industrial Commission ...... H 590 126 189 246 INSURANCE Car, premium discounts, self-instructed course ...... S 1444 368 107 196 Children's health, outreach, legislative intent ...... S 1305 -- 39 -- Consultant, records requirement deleted ...... S 1341 281 61 127 Credit rating, not basis for high premium ...... S 1323 -- 46 -- Department, appropriation ...... H 712 245 190 240 Fire code references, changed to international ...... H 409 86 144 223 Health reinsurance, newborn dependents, eligibility ...... S 1506 197 184 211 Health, coverage required, dental surgery ...... S 1338 -- 60 -- Health, premium rate index bands, retain, report ...... H 505 99 184 229 Health, public employee, value of unused sick leave ...... S 1403 -- 93 -- Health, rights of PERSI widow/widower ...... S 1452 -- 118 -- Investments, real estate, development plan, limits ...... S 1378 364 83 138 Licensees, nonpublic information, no disclosures ...... H 408 5 32 58 Mortgage guaranty, debt exceeding market value ...... S 1406 300 93 139 Policy advice/counsel, who may give ...... S 1342 282 61 130 Prescription drug information card required ...... S 1328 -- 48 -- Producer compensation, disclosures ...... S 1324 359 46 88 Property/casualty, credit rating, no discrimination ...... S 1408 264 94 159 Surplus line brokers, miscellaneous amendments ...... H 484 91 125 235 Terrorist activities, ensure stability/availability ...... SJM 112 (A) 116 123 Uniform Fire Code, amend, short term events ...... S 1470 -- 137 -- Vehicle service contracts, no filing requirement ...... S 1402 299 93 139 INVESTMENTS Individual development accounts, low-income persons ...... H 671 149 185 234 Insurance, real estate, development plan, limits ...... S 1378 364 83 138 Treasurer, money market securities, U.S. dollars ...... H 456 37 56 89 Venture capital income tax credit created ...... H 684 (V) 202 254 IRRIGATION See also: WATER Canal/lateral/drain, interference, injuries, changes ...... H 566 115 125 232 Districts, expenditure over $25,000, lowest bidder ...... H 506 100 125 224 Ditch/canal/drain, recreational use, misdemeanor ...... H 565 -- 195 -- Projects, use of digital boundaries ...... S 1425 306 101 223 Water appropriation application, factors to consider ...... S 1426 -- 101 -- Water appropriation/change, frivolous protest ...... S 1427 -- 101 -- Water right, nonuse, when not forfeited ...... H 569 343 155 230

(A) = Adopted by Senate and House (V) = Vetoed by Governor 312 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

-J-

JOHNSON, RUTHIE Appointment, Member: Idaho Commission on Human Rights Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 JOINT SESSIONS Governor's Budget Message ...... HCR 38 (A) 15 15 Governor's State of the State Message ...... HCR 37 (A) 4 4 JONES, ROGER Appointment, Member: Idaho Lottery Commission Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 63 Confirmed by Senate ...... 70 JORDAN, JOSEPH L. Appointment, Member: Idaho Water Resource Board Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 JUDGES Additional U.S. district court judge requested ...... SJM 110 (A) 51 60 Appointment by governor, term of office ...... S 1312 214 43 141 Attorney magistrates, temporary Supreme Court service ...... H 499 95 110 213 JUDICIAL COUNCIL Smith, Judge Randy: Council Member, Appointment Appointed by Idaho State Bar, Board of Commissioners/to Judiciary & Rules ...... 49 Committee Report ...... 143 Confirmed by Senate ...... 146 McKinney, Helen: Appointment Appointed by Governor Kempthorne/to Judiciary & Rules ...... 27 Committee Report ...... 143 Confirmed by Senate ...... 169 JUDICIARY, STATE OF Chief Justice Linda Copple Trout, Message by ...... 19 JURIES Juror qualifications, jury commissioner duties ...... H 497 94 170 224 JUVENILES Community program charges, court-ordered payment ...... H 498 73 110 164 Corrections Department, appropriation ...... S 1493 324 178 199 Corrections motor vehicles, state markings exemption ...... H 405 29 48 102 Dispensing liquor to minor, resulting injuries, penalty ...... S 1287 -- 31 -- Driving permit, restricted school attendance type ...... H 610 235 185 261 Illegal drugs, minors under influence, penalties ...... S 1281 184 31 53 Junior mentored hunting licenses ...... H 604 234 155 236 Juvenile offender custody, nineteenth birthday ...... S 1460 309 124 163 Juvenile probation officers, POST certification ...... H 404 84 137 218 Offenders, physical custody until 19 years old ...... S 1345 -- 64 -- Sentencing hearing, home environment report optional ...... H 502 97 185 259 Therapeutic outdoor programs, Health and Welfare license ...... S 1318 219 44 76 Violators under 14 years old, court jurisdiction ...... S 1282 185 31 54

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 313

Bill Session Intro. Vote Number Law No. Page Page

-K-

KINGHORN, DAVID Appointment, Member: Idaho Board of Tax Appeals Appointed by Governor Kempthorne/to Local Government & Taxation 27 Committee Report ...... 113 Confirmed by Senate ...... 118

-L-

LABELS Fertilizers, educational information ...... S 1381 -- 83 -- LABOR Aircraft improvement liens, types/notice/enforcement ...... H 634 371 189 252 Department, appropriation ...... S 1465 66 129 156 Department, appropriation reduced ...... H 460 23 56 72 Department, appropriation reduced ...... S 1471 68 143 156 Department, appropriation, unemployment service programs ...... S 1311 11 43 53 Farm labor contractor licensing act ...... S 1289 328 33 121 Unemployment contributions/benefits, Indian tribes ...... S 1290 45 33 57 LAND USE City annexation procedures, three classifications ...... S 1335 -- 55 -- City annexation, three categories, procedures ...... S 1391 333 87 158/251 Development impact fee ordinances ...... H 607 347 162 209 Planning statutes, manage state lands accordingly ...... SJR 102 -- 40 -- LANDLORDS AND TENANTS Tenancy at will, termination, notice by tenant ...... S 1385 295 86 163 LANDS Agricultural, tax purposes, 5 contiguous acres ...... H 487 93 189 252 Commission, Endowment Fund Investment Board ...... H 692 163 185 233 Department, appropriation ...... H 694 165 185 233 Department, appropriation reduced ...... S 1471 68 143 156 Department, appropriation, additional pest control ...... H 434 10 48 61 Department, appropriation, additional, fire suppression ...... H 435 14 48 71 Federal, rights-of-way status determination ...... S 1520 -- 205 -- Landowner liability limited, recreational purposes ...... H 601 346 170 224 State, comply with land use planning statutes ...... SJR 102 -- 40 -- LANGUAGES American Indian languages, teach in schools ...... S 1411 265 99 145 English, official language of Idaho government ...... S 1469 -- 137 -- LAW ENFORCEMENT Domestic violence, determination of primary aggressor ...... S 1350 -- 66 -- Idaho State Police, appropriation ...... S 1507 198 188 207 Misdemeanor arrest, time, place, consent ...... H 603 132 137 213 Public safety officer, family death benefits ...... S 1310 -- 41 -- Sheriffs, cooperative agreements, Outfitters/Guides Board ...... S 1372 -- 78 157 LAWYERS See ATTORNEYS LEASES Water/land, Fish and Game Commission, local authorities ...... S 1389 224 86 158

(A) = Adopted by Senate and House (V) = Vetoed by Governor 314 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

LEGISLATIVE ADVISORS See also LOBBYISTS & LOBBYING List of Registered Lobbyists ...... 15 LEGISLATIVE COUNCIL Appropriation ...... S 1482 316 162 192 Appropriation, additional, Redistricting ...... H 738 178 249 252 Appropriation, reduced ...... S 1471 68 143 156 LEGISLATORS See LEGISLATURE LEGISLATURE Joint session, Budget address ...... HCR 38 (A) 15 15 Joint session, State of the State address ...... HCR 37 (A) 4 4 Legislation, committee hearing/vote, when guaranteed ...... HCR 61 -- 249 -- Receive state agency reports electronically ...... HCR 50 -- 155 201 State legislative apportionment system, urge amendment ...... HJM 19 -- 184 227 Vacancy, legislative district Committee, proportional vote ...... S 1445 -- 107 -- LEWIS AND CLARK Lewis and Clark, recognize and honor contributions ...... SCR 123 (A) 84 99 LIABILITY Closed area, emergency response rescue expenses ...... H 467 267 114 213 Defamation, limited liability, school violence threats ...... H 562 -- 155 -- False testimony, cause of action by injured party ...... H 598 -- 185 -- Immunity, lawyer substance abuse assistance program ...... S 1370 363 Insufficient estate, nonprobate transferee liability ...... S 1317 4 43 89 Landowner liability limited, recreational purposes ...... H 601 346 170 224 Mine operators, alternative financial assurance ...... H 685 153 205 258 Underground utilities, excavations, markings, damage ...... H 678 351 189 253 LIBRARIES AND LIBRARIANS District budget carryover, capital assets fund ...... H 688 154 202 255 District trustee elections/zones/powers/directors ...... S 1478 312 151 206 LiLI database, appropriation ...... H 683 238 179 202 Plant facilities/bond funds, building ownership ...... H 688 154 202 255 State Library Board, appropriation ...... S 1521 206 217 222 LICENSES Accountants, requirements amended ...... H 485 92 110 234 Acupuncture, licensing/certification requirements ...... H 394 81 147 235 Aircraft training/license applicants, background check ...... SJM 111 -- 51 60 Building safety inspectors, certification required ...... H 586 345 144 210 Commodity dealers, miscellaneous amendments ...... H 644 258 162 235 Debtor services, permits, applications, violations ...... S 1288 190 33 116 Dessert wine, endorsement, authorization to purchase ...... S 1423 -- 100 -- Driver's, applicants, selective service registration ...... H 611 161 151 213 Driving permit, restricted school attendance type ...... H 610 235 185 261 Electrical contractor, no local practice fees ...... H 631 139 147 256 Electricians, journeyman and master, requirements ...... H 585 123 147 228 Electricians, license renewal, fees ...... H 407 53 32 139 Elementary teacher certificate, preservice assessment ...... H 399 71 110 164 Engineers/surveyors Board exemption, 12 years' experience ...... H 410 6 32 58 Farm labor contractor licensing act ...... S 1289 328 33 121 Food establishment regulation extended, fee increase ...... H 640 140 195 256 Geologists, registration requirements amended ...... H 420 266 114 171 Health and Welfare, children's therapeutic outdoor programs ...... S 1318 219 44 76 Hunting, youth small game and junior mentored ...... H 604 234 155 236

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 315

Bill Session Intro. Vote Number Law No. Page Page

LICENSES (Continued) Insurance, surplus line brokers, miscellaneous amendments ...... H 484 91 125 235 Juvenile probation officer, training, POST council ...... H 404 84 137 218 Land surveyor, professional examination requirements ...... H 589 125 155 246 Massage therapy, license required ...... S 1418 -- 100 -- Motorcycle, driving without endorsement, infraction ...... H 597 355 147 209 Nursing, fee increased ...... H 393 80 147 247 Nursing, inactive status, reinstatement ...... H 393 80 147 247 Racing, daily races, total race handles ...... H 423 56 39 138 Real estate brokers/instructors, felony convictions ...... S 1339 -- 60 -- Real Estate Commission, unlicensed action investigation ...... H 567 116 125 218 Real estate, continuing education, exams ...... S 1340 280 61 126 Real estate, miscellaneous amendments ...... S 1322 220 45 73 Seed buyer, license requirements, fees ...... H 522 256 162 235 Social work licensing requirements amended ...... H 406 85 151 236 Temporary certified shorthand reporter, certification ...... H 403 83 110 218 Truck washing facilities, license, Agriculture Department ...... H 529 104 205 256 Unlicensed public works contractors, investigation ...... H 592 127 170 258 Vehicle dealers, continuing education requirements ...... S 1395 -- 92 158 LIENS Aircraft improvement, types, notice, enforcement ...... H 634 371 189 252 Claim, service within 5 days of filing ...... S 1454 307 119 159 Commodity, date of attachment, duration ...... S 1458 308 124 206 Contractor disclosure to homeowners ...... S 1454 307 119 159 Homeowner association lien, filing/duration ...... S 1326 275 48 77/251 Materialman's, claim notice, service within 5 days ...... S 1377 -- 82 -- Materialman's, regardless of contractual relationship ...... S 1387 -- 86 -- LIEUTENANT GOVERNOR 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Appropriation ...... S 1466 67 130 156 Appropriation reduced ...... S 1471 68 143 156 Appropriation, additional ...... H 436 15 48 73 LIMBAUGH, THOMAS E. Appointment, Member: Industrial Commission Appointed by Governor Kempthorne/to Commerce & Human Resources . 28 Committee Report ...... 75 Confirmed by Senate ...... 82 LINCOLN DAY Senator Brandt, Chairman ...... 109 Lincoln Day Memorial Service (February 12, 2002) ...... 109 Dr. Greg Schildwachter, recitation ...... 109 The Boise Quartet Rhapsody, patriotic tribute ...... 109 LIQUOR Alcoholism, criminal law limitations, exceptions ...... S 1286 189 31 57 Dessert wine, license endorsement, purchase authority ...... S 1423 -- 100 -- Dispensary, State, appropriation ...... H 720 272 190 241 Dispensing to minor, resulting injuries, penalties ...... S 1287 -- 31 -- Driving under influence, repeat offenses, penalties ...... S 1496 335 178 207 LITERACY Read Across Idaho Day declared ...... SR 104 (A) 104 169

(A) = Adopted by Senate and House (V) = Vetoed by Governor 316 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

LITIGATION Revised Uniform Arbitration Act added ...... S 1280 -- 31 -- Small claims action, proper venue, which county ...... H 501 74 110 164 Small lawsuit resolution act ...... H 627 137 155 239 Tobacco master settlement, compliance, cigarette stamps ...... S 1297 -- 37 -- LITTLE, BRAD Appointment: Senator, District 8 Certificate of Appointment (Effective May 24, 2001) ...... 1 Oath of Office ...... 2 LITTLE, DAVE Memorial Service (February 18, 2002) ...... 124 LIVESTOCK Bear/lion depredation, livestock includes goats ...... S 1333 278 55 115 Brucellosis, official vaccination, female cattle ...... H 523 102 189 245 Disease constituting emergency, powers/duties ...... H 446 87 130 219 Disease control funds, deficiency warrants ...... S 1380 291 83 135 Sold at livestock market, sales tax exemption ...... H 481 52 70 125 Truck washing facilities, inspect, Agriculture Department ...... H 529 104 205 256 LOANS Delinquency charges, increase ...... S 1410 302 94 159 Financial transactions, prohibited local ordinances ...... S 1321 -- 45 -- Lending activities, prohibited ordinances ...... S 1407 301 93 152 Mortgage guaranty insurance, debt exceeding value ...... S 1406 300 93 139 Small business, Treasury purchase, conditions deleted ...... H 456 37 56 89 LOBBYING & LOBBYISTS List of Registered Lobbyists ...... 15 LOGGING AND LUMBER Canadian lumber imports, end unfair subsidies ...... SJM 113 -- 192 204 LOTTERY COMMISSION Deshon, Teresa: Member Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 74 Confirmed by Senate ...... 82 Jones, Roger: Member Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 63 Confirmed by Senate ...... 70 LOTTERY, STATE Appropriation ...... S 1509 200 189 208

-M-

MALOFF, DR. STEPHEN M. Appointment, Member: Idaho Commission on Human Rights Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 MANNING, GENERAL DARRELL Appointment, Member: State Board of Education Appointed by Governor Kempthorne/to Education ...... 236 Committee Report ...... 237 Confirmed by Senate ...... 250

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 317

Bill Session Intro. Vote Number Law No. Page Page

MARLEY, BERT Appointment: Senator, District 33 Certificate of Appointment (Effective October 12, 2001) ...... 1 Oath of Office ...... 2 MAXWELL, CLARISSE Appointment, Member: Idaho Commission on Human Rights Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 40 Confirmed by Senate ...... 43 McKINNEY, HELEN Appointment, Member: Idaho Judicial Council Appointed by Governor Kempthorne/to Judiciary & Rules ...... 27 Committee Report ...... 143 Confirmed by Senate ...... 169 MEDIATION Small lawsuit resolution act ...... H 627 137 155 239 MEDICAL Anatomical gift laws amended ...... H 702 171 195 256 Assistance Services, Health and Welfare Department, appropriation .... S 1490 321 178 198 Emergency medical services, sales tax exemption ...... H 581 120 185 248 Health reinsurance, newborn dependents, eligibility ...... S 1506 197 184 211 Health/medical education programs, appropriation ...... S 1511 370 189 208 Indigent, necessary medical services, exclusions ...... H 677 -- 189 -- Medicaid, nursing home, patient's share of cost ...... S 1484 -- 162 -- Medicine Board,, membership, terms, conflict of interest ...... H 576 -- 147 -- Paramedic killed on duty, family death benefits ...... S 1310 -- 41 -- Practitioner, includes pharmacist, not authority ...... S 1337 -- 60 95 Rural health care, dentists, dental hygienists ...... H 553 354 147 245 Savings accounts, reporting requirements amended ...... S 1302 212 39 197 Trauma registry system established ...... S 1319 329 44 76 MEDICAL ASSISTANCE See PUBLIC ASSISTANCE MEDICARE AND MEDICAID See PUBLIC ASSISTANCE MEETINGS, PUBLIC Attendance via telephone/videoconferencing devices ...... S 1369 290 76 115 MEMORIAL SERVICE Senator Goedde, Chairman Memorial Service for Senators (February 18, 2002) ...... 123 Senators Defenbach, Hansen, and Little ...... 123/124 Daniel W. Pinkerton, Violinist ...... 123 MEMORIALS Additional U.S. district court judge requested ...... SJM 110 (A) 51 60 Aircraft training/license applicants, background check ...... SJM 111 -- 51 60 Basque homeland, support peace process ...... HJM 14 -- 195 -- Basque homeland, support peace, condemn terrorism ...... SJM 114 (A) 214 223 Canadian lumber imports, end unfair subsidies ...... SJM 113 -- 192 204 Death tax, support permanent repeal ...... HJM 11 (A) 46 50 Disabled child, special education, mandatory funding ...... HJM 16 (A) 151 183 EPA draft temperature guidance document, protest ...... HJM 18 (A) 162 201 Federal highway funds, request increase ...... HJM 21 (A) 190 238 Insurance, terrorist activities, ensure stability ...... SJM 112 (A) 116 123 National missile defense system, support implementing ...... HJM 13 (A) 61 82

(A) = Adopted by Senate and House (V) = Vetoed by Governor 318 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

MEMORIALS (Continued) President Bush economic security package, support ...... HJM 12 (A) 46 52 Remove wolves at federal expense ...... HJM 20 -- 195 -- School prayer amendment, U.S. Constitution, support ...... HJM 17 (A) 151 188 State legislative apportionment system, amend ...... HJM 19 -- 184 227 Worker Adjustment Act, strict time compliance ...... HJM 15 (A) 125 188 MENTAL HEALTH Hospitalization, gravely disabled, basic needs ...... H 595 128 162 245 MESSINGER, FAY Substitute Senator (Temporary Replacement for Senator Ipsen, District 17) Certificate and Letter of Appointment (January 17, 2002) ...... 35 Oath of Office ...... 35 MILITARY AND MILITIA "Decoration Day" renamed "Memorial Day" ...... H 662 146 170 242 Division, appropriation, additional, hazardous substances ...... S 1293 3 34 42 Division, appropriation, additional/reduced ...... H 462 25 56 73 Division, appropriation ...... H 713 246 190 240 National missile defense system, support implementing ...... HJM 13 (A) 61 82 PERSI, service purchase by inactive member ...... H 414 9 41 58 Selective service register, driver license applicant ...... H 611 161 151 213 State active duty member, stay of court proceedings ...... H 518 101 130 213 U.S. Military Academy (West Point), recognize ...... HCR 54 (A) 137 177 War on terrorism, appreciate/support leaders ...... HCR 40 (A) 50 82 MILLER, KATHLEEN Appointment, Member: Aeronautics Advisory Board Appointed by Governor Kempthorne/to Transportation ...... 35/36 Committee Report ...... 169 Confirmed by Senate ...... 177 MINES AND MINING Mine operators, alternative financial assurance ...... H 685 153 205 258 MITCHELL, WILLIAM D. Appointment, Member: Endowment Fund Investment Board Appointed by Governor Kempthorne/to Commerce & Human Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 MORTGAGES Guaranty insurance, debt exceeding market value ...... S 1406 300 93 139 Insurer, loan limit, 80% of property value ...... S 1378 364 83 138 MORTICIANS Board, fees rule rejected ...... SCR 131 (A) 149 161 Body disposition, sole licensed funeral establishment ...... H 432 58 102 144 MOTION TO RECONSIDER See RECONSIDERATION OF VOTES MOTOR VEHICLES Abandoned vehicle, disposition, fee responsibility ...... S 1396 366 92 142 Air bags, disclosure if inoperable ...... H 643 141 184 245 Car insurance discount, self-instructed course ...... S 1444 368 107 196 Commercial driver, railroad crossing violations ...... S 1277 181 28 52 Commercial operators, background/residency check ...... S 1437 -- 106 -- Dealers, license, continuing education requirements ...... S 1395 -- 92 158 Disabled parking, locations, applications, violations ...... S 1320 -- 45 121 Drivers under 18 years, misconduct, liability ...... H 665 357 189 246

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 319

Bill Session Intro. Vote Number Law No. Page Page

MOTOR VEHICLES (Continued) Drivers under influence, intoxicating combination ...... S 1421 253 100 186 Driving permit, restricted school attendance type ...... H 610 235 185 261 Driving under influence, repeat offenses, penalties ...... S 1496 335 178 207 Electric assistive mobility device, pedestrian use ...... H 550 160 162 228 Emergency vehicles, yielding/passing when stationary ...... S 1449 -- 118 -- Five axles, maximum interstate speed, 65 mph ...... S 1439 -- 106 196 Gasohol, tax reduction, deduction, refunds ...... H 426 30 56 103 Government purchasing preference, recycled motor oil ...... H 476 -- 102 -- Juvenile corrections, exempt, state markings ...... H 405 29 48 102 License plates, snowskier, consult ski association ...... S 1276 180 28 116 License plates, special, 3-year introductory period ...... S 1361 285 70 112 License plates, special, Appaloosa Horse Club ...... H 477 254 147 245 License plates, special, Corvette ...... S 1442 226 107 206 License plates, special, motorcycle safety program ...... S 1443 -- 107 197 License plates, special, peace officer memorial ...... S 1361 285 70 112 License plates, special, wildlife, three designs ...... S 1359 362 70 112 Livestock truck washing facilities, inspect/license ...... H 529 104 205 256 Motor fuel distributor tax, miscellaneous amendments ...... H 732 174 232 253 Motor fuel, nonpayment, theft, penalties ...... S 1420 -- 100 157 Motorcycle, driving without endorsement, infraction ...... H 597 355 147 209 Motorized wheelchair/electric devices, sidewalk use ...... H 550 160 162 228 Nonresident sales tax exemption, vehicle definitions ...... H 513 60 114 141 Off-road motor vehicle grants, regulatory program ...... S 1436 -- 106 -- Registration fee, uniform, vehicles 16K-30K lbs ...... S 1440 -- 107 -- Registration fees amended, vehicles over 30K lbs ...... S 1441 -- 107 -- Safety restraint use, all motor vehicle occupants ...... S 1360 -- 70 152 Service contract policies, Insurance Department filings ...... S 1402 299 93 139 Studded tires, requirements, dates allowed ...... S 1397 -- 92 -- Waste tires, recycling, disposal, fees ...... S 1394 -- 92 199 MOTORBIKES AND MOTORCYCLES Motorcycle, driving without endorsement, infraction ...... H 597 355 147 209 MUSEUMS Natural History, appropriation, Education Board ...... H 723 274 190 241

-N-

NATIONAL GUARD Presentation of State Flag to raise over Senate Dome ...... 2 Idaho National Guard Honor Guard lowering State Flag at Sine Die: ... 261 Presentation to Majority Leader of the Senate Jim Risch ...... 261 NATIVE AMERICANS American Indian languages, teach in schools ...... S 1411 265 99 145 Geographic name changes, local recommendations ...... HCR 53 (A) 170 201 Unemployment contributions/benefits, Indian tribes ...... S 1290 45 33 57 NATURAL RESOURCES Education, instruction requirements ...... S 1413 -- 99 -- Off-road motor vehicle grants, no damage ...... S 1436 -- 106 -- Water, total daily maximum load, development, report ...... S 1428 -- 101 -- NORTHWEST POWER PLANNING COUNCIL See PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

(A) = Adopted by Senate and House (V) = Vetoed by Governor 320 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

NUCLEAR WASTES See HAZARDOUS SUBSTANCES NURSERIES Nursery stock machinery/equipment, tax exemption ...... H 679 150 195 253 NURSING AND NURSES Disciplinary action, reporting criminal conduct ...... H 393 80 147 247 License fee increased ...... H 393 80 147 247 License, inactive status, reinstatement ...... H 393 80 147 247 Nurses shortage, prepare strategic plan ...... HCR 58 (A) 185 238 NURSING HOMES Medicaid, patient's share of cost ...... S 1484 -- 162 --

-O-

OATH OF OFFICE Administered: Attaches & Pages: Election & Oath of Office ...... 14 List of ...... 14 List of (2nd Term Pages) and Oath of Office ...... 129 OUTFITTERS AND GUIDES Board powers, cooperative agreements, county sheriffs ...... S 1372 -- 78 157 OUTFITTERS & GUIDES LICENSING BOARD Bernt, William C.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 176 Confirmed by Senate ...... 183 Hunsucker, C. Wayne: Member Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 176 Confirmed by Senate ...... 183 OVERRIDE, GOVERNOR’S VETO H 425 (repeals term limits law) becomes law, Governor’s Veto notwithstanding 68 69 Certificate of Passage, Over Veto of the Governor ...... 81

-P-

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL Danielson, Judi: Member Appointed by Governor Kempthorne/to Resources & Environment .. 26 Committee Report ...... 63 Confirmed by Senate ...... 69 PAGES OF THE SENATE See also ATTACHES See INDEX SECTION III List of, First Session (January 8, 2002) ...... 14 Election and Oath of Office ...... 14 List of (2nd Term Pages - February 19, 2002) ...... 129 Election and Oath of Office ...... 129

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 321

Bill Session Intro. Vote Number Law No. Page Page

PARDONS & PAROLE, IDAHO COMMISSION ON Holm, Del Ray, Member Appointed by Governor Kempthorne/to Judiciary and Rules ...... 25 Committee Report ...... 48 Confirmed by Senate ...... 50 PARENTS Child custody cases, appoint parenting coordinator ...... H 541 108 185 236 Child custody factors, disability, equipment ...... H 577 232 162 248 Child custody, best interest, promote citizenship ...... S 1330 -- 52 -- Crimes against pregnant victims, extended sentence ...... S 1468 -- 130 148 Disabled, no discrimination, parental fitness ...... H 579 233 184 248 Drivers under 18 years, misconduct, liability ...... H 665 357 189 246 Juvenile court, program charges, parental payment ...... H 498 73 110 164 Maintenance/support modification, special circumstances ...... S 1419 -- 100 148 National Adoption Day, recognize and support ...... HCR 47 (A) 137 169 Read Across Idaho Day declared ...... SR 104 (A) 104 169 Women's prison nursery program, study/implement ...... HCR 43 -- 143 -- PARKS AND RECREATION Department, appropriation ...... S 1480 314 161 191 Department, appropriation reduced ...... S 1471 68 143 156 Lava Hot Springs Foundation, powers & duties ...... H 422 55 87 140 Lease agreements with local authorities ...... S 1390 225 86 199 Off-road motor vehicle grants, regulatory program ...... S 1436 -- 106 -- PARISH, WILLIAM R. Appointment, Member: Aeronautics Advisory Board Appointed by Governor Kempthorne/to Transportation ...... 27 Committee Report ...... 187 Confirmed by Senate ...... 195 PASLEY-STUART, ANNE Substitute Senator (Temporary Replacement for Senator Dunklin, District 19) Certificate and Letter of Appointment (January 21, 2002) ...... 41 Oath of Office ...... 41 PAY See SALARIES; WAGES PEARCE, C. KELLY Appointment, Member: Blind and Visually Impaired, Commission for the Appointed by Governor Kempthorne/to Health & Welfare ...... 27 Committee Report ...... 63 Confirmed by Senate ...... 69 PENFOLD, JANET Appointment, Member: Health and Welfare, State Board of Appointed by Governor Kempthorne/to Health & Welfare ...... 37 Committee Report ...... 63 Confirmed by Senate ...... 69 PERIMAN, LEE Appointment, Member: Bingo-Raffle Advisory Board Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 63 Confirmed by Senate ...... 70 PERJURY False testimony, cause of action by injured party ...... H 598 -- 185 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor 322 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

PESTS AND PESTICIDES Control Deficiency Fund, Agriculture Department, appropriation ...... S 1292 2 34 42 Control Deficiency Fund, appropriation, additional ...... H 434 10 48 61 Idaho Plant Pest Act of 2002 ...... H 448 89 130 219 Pesticide management Committee established ...... H 556 112 151 223 PHARMACIES AND PHARMACISTS Board, appropriation, reduce/add ...... H 453 20 48 71 Drug adulteration, felony, exceptions ...... H 483 231 102 218 Insurance prescription drug information card required ...... S 1328 -- 48 -- Interns, registered preceptor sites ...... H 392 26 56 89 Legend drug, code citation corrected ...... H 391 69 56 170 Practitioner, includes pharmacist, not authority ...... S 1337 -- 60 95 Prescription blanks, identify practitioner ...... S 1417 367 100 140 Prescription records, disclosure terms amended ...... H 400 27 56 89 PINKERTON, DANIEL Memorial Service Violinist(February 18, 2002) ...... 123 PLANNING AND ZONING City annexation procedures, three classifications ...... S 1335 -- 55 -- City annexation, three categories, procedures ...... S 1391 333 87 158/251 Development impact fee ordinances ...... H 607 347 162 209 Land use statutes, manage state lands accordingly ...... SJR 102 -- 40 -- PLANTS Idaho Plant Pest Act of 2002 ...... H 448 89 130 219 POLICE, IDAHO STATE Accident fatalities, blood test results from coroner ...... H 402 44 48 115 Appropriation ...... S 1507 198 188 207 Appropriation reduced ...... S 1471 68 143 156 Appropriation, amended ...... H 508 40 79 103 Domestic violence, determination of primary aggressor ...... S 1350 -- 66 -- Drug Pusher Registration Notification Act ...... S 1448 -- 110 171 License plates, special, peace officer memorial ...... S 1361 285 70 112 Misdemeanor arrest, time, place, consent ...... H 603 132 137 213 Part-time, killed/disabled, dependent scholarships ...... S 1356 283 67 158 Police vehicles, yielding/passing when stationary ...... S 1449 -- 118 -- POST certification, juvenile probation officers ...... H 404 84 137 218 Protection orders, uniform interstate enforcement ...... S 1308 213 41 87 Public safety officer, family death benefits ...... S 1405 -- 93 -- Public safety officer, family death benefits ...... S 1404 -- 93 -- POLLUTION Agriculture waste, construction/approval/violations ...... H 726 Coeur d'Alene Basin cleanup, support executive branch ...... SCR 132 (A) 160 177 POTATOES State vegetable designation ...... H 525 77 94 164 PRESCRIPTIONS Blanks, federal law, clearly identify practitioner ...... S 1417 367 100 140 Customer information required from insurers ...... S 1328 -- 48 -- Drug adulteration, felony, exceptions ...... H 483 231 102 218 Legend drug, code citation corrected ...... H 391 69 56 170 Practitioner, includes pharmacist, not authority ...... S 1337 -- 60 95 Prescription records, disclosure terms amended ...... H 400 27 56 89

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 323

Bill Session Intro. Vote Number Law No. Page Page

PRISONS AND PRISONERS Civil actions, court fees, ability to pay ...... S 1386 296 86 163 Condemned prisoners, confinement, permitted visits ...... H 542 -- 185 -- Corrections Department, appropriation ...... H 733 175 217 255 Escaped/prematurely released, arrest warrants ...... H 600 130 137 209 Juvenile offender custody, nineteenth birthday ...... S 1460 309 124 163 Juveniles, physical custody until 19 years old ...... S 1345 -- 64 -- Requisition, out-of-state, unsatisfied imprisonment ...... H 401 28 48 95 Vehicular manslaughter, fine/imprisonment increased ...... H 620 356 195 247 Women's prison nursery program, study/implement ...... HCR 43 -- 143 -- PRIVACY Insurance licensees, no information disclosures ...... H 408 5 32 58 PROFESSIONAL-TECHNICAL EDUCATION Board, appropriation ...... S 1524 208 221 229 Electrician, apprentice to journeyman, requirements ...... H 585 123 147 228 PROFESSIONS Acupuncture Board, rulemaking, continuing education ...... H 394 81 147 235 Acupuncture, licensing, certification requirements ...... H 394 81 147 235 Certified public accountants, licensing amended ...... H 485 92 110 234 Engineers and surveyors, digital signatures ...... H 410 6 32 58 Geologists, bd/registration requirements amended ...... H 420 266 114 171 Insurance consultant, records requirement deleted ...... S 1341 281 61 127 Insurance, surplus line brokers, miscellaneous amendments ...... H 484 91 125 235 Land surveyor, establish property boundary lines ...... H 411 7 32 58 Land surveyor, professional examination requirements ...... H 589 125 155 246 Massage therapy, license required ...... S 1418 -- 100 -- Pharmacy interns, registered preceptor sites ...... H 392 26 56 89 Professional limited liability company, one person ...... S 1316 218 43 89 Real estate broker license, felony convictions ...... S 1339 -- 60 -- Real estate licensees, continuing education, exams ...... S 1340 280 61 126 Real estate licenses, miscellaneous amendments ...... S 1322 220 45 73 Social work licensing requirements amended ...... H 406 85 151 236 Temporary certified shorthand reporter, certification ...... H 403 83 110 218 PROPERTY Abandoned, presumption, time period reduced ...... H 439 -- 56 115 Abandoned, published notice, minimum value increased ...... H 441 34 56 111 Condominium, ownership interest allocation, change ...... H 528 78 114 163 Electricity-generating equipment, construction roll ...... H 582 344 151 213 Eminent domain, business damage claims, records ...... S 1401 -- 93 -- Estate collection affidavits, estate value $75,000 ...... S 1314 216 43 88 Homeowners, disclosures by general contractors required ...... S 1377 -- 82 -- Land acquisition, Fish and Game Commission, reasons, county support . S 1371 -- 78 -- Landowner liability limited, recreational purposes ...... H 601 346 170 224 Liens, contractor disclosure to homeowners ...... S 1454 307 119 159 Manufactured homes, treated as real property, when ...... H 559 61 119 141 Market value change, Tax Appeals Board decision ...... S 1299 -- 38 -- Market value change, Tax Appeals Board decision ...... S 1375 332 78 125 Materialman's lien, without contractual relationship ...... S 1387 -- 86 -- Mortgage guaranty insurance, debt exceeding value ...... S 1406 300 93 139 Nonprofit, low-income housing, property tax exempt ...... H 652 162 202 257 Operating, assessment by state or county ...... H 619 135 162 233 Personal property tax phaseout, legislative study committee ...... HCR 45 -- 162 -- Personal, found, notice, publication, claims ...... H 602 131 155 218 Real, boundary line, professional land surveyor ...... H 411 7 32 58 Real, homeowner association lien, procedures ...... S 1326 275 48 77/251 Tenancy at will, termination, notice by tenant ...... S 1385 295 86 163 Unclaimed, negotiable instruments, 5-year period ...... H 681 152 185 244 Water right, nonuse, when not forfeited ...... H 569 343 155 230

(A) = Adopted by Senate and House (V) = Vetoed by Governor 324 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

PUBLIC ASSISTANCE Indigents, necessary medical services, exclusions ...... H 677 -- 189 -- Medicaid, nursing home, patient's share of cost ...... S 1484 -- 162 -- Medical Assistance, appropriation ...... S 1490 321 178 198 Medical Assistance, Health and Welfare, appropriation amended ...... H 740 179 249 252 Recipient claims against third parties, Health and Welfare rights ...... S 1472 369 146 222 Sheltering assets presumption, transfer to spouses ...... S 1336 279 60 122 PUBLIC BROADCASTING Education Board, appropriation ...... S 1525 209 221 230 PUBLIC EMPLOYEE RETIREMENT SYSTEM See RETIREMENT PUBLIC EMPLOYEE RETIREMENT SYSTEM BOARD Sullivan, Dr. J. Kirk: Member Appointed by Governor Kempthorne/to Commerce & Human...... Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 PUBLIC EMPLOYEES See EMPLOYERS AND EMPLOYEES; GOVERNMENT PUBLIC UTILITIES COMMISSION See UTILITIES PUBLIC WORKS Capitol Building renovation, contractor prequalification ...... S 1296 -- 37 57 Contractor, unlicensed acts, injunction ...... H 592 127 170 258 Division, 2001 appropriation amended ...... S 1515 204 189 209 Division, appropriation ...... S 1513 202 189 208 PUBLICATIONS Abandoned property notice, minimum value increased ...... H 441 34 56 111 Found personal property, publication of notice ...... H 602 131 155 218 Highway construction bid invitation, publication method ...... S 1398 -- 92 -- School laws pamphlet, superintendent duty repealed ...... S 1362 286 75 138 State agency reports to legislature, electronic format ...... HCR 50 -- 155 201 PURCHASING Government preference, recycled motor oil ...... H 476 -- 102 -- Government purchasing preference, wood/plant products ...... H 507 -- 143 -- Land acquisition, Fish and Game Commission, reasons, county support . S 1371 -- 78 --

-R-

RACING Licensees, daily races, total race handles ...... H 423 56 39 138 RACING COMMISSION, IDAHO STATE Hunt, Carolyn: Appointment Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 204 Confirmed by Senate ...... 217 Steinley, Oscar R.: Appointment Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 40 Confirmed by Senate ...... 43 RAILROADS Crossing violations, commercial driver disqualified ...... S 1277 181 28 52 Grade crossings, funds for public safety education ...... H 516 76 114 170

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 325

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REAGAN, RONALD Ronald Reagan day declared, February 6th ...... HCR 46 (A) 87 137 REAL ESTATE Brokers, license requirements, felony convictions ...... S 1339 -- 60 -- Commission, investigation of unlicensed actions ...... H 567 116 125 218 Just compensation, review by certified appraiser ...... H 427 31 56 103 License laws, miscellaneous amendments ...... S 1322 220 45 73 Licensee, continuing education, exams ...... S 1340 280 61 126 REAPPORTIONMENT AND REDISTRICTING Legislative Council, redistricting, additional appropriation ...... H 738 178 249 252 State legislative apportionment system, urge amendment ...... HJM 19 -- 184 227 REBERGER, J. PHILIP Appointment, Member: Idaho State Building Authority Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 RECONSIDERATION OF VOTES S 1296: First Vote (Failed January 29, 2002) ...... 57 Notice Given, Senator Schroeder (January 29, 2002) ...... 57 Motion to Hold at Desk, prevailed (January 30, 2002) ...... 60 Motion to Reconsider, Moved by Senator Schroeder ...... 64 Motion to Reconsider did not prevail, January 31, 2002 ...... 64 S 1333: First Vote (Failed February 13, 2002) ...... 115 Notice Given, Senator Hawkins (February 13, 2002) ...... 115 Reconsideration granted by unanimous consent ...... 118 Reconsidered Vote, February 14, 2002 (Passed) ...... 118 RECORDS Building & system plans/manuals, disclosure exemption ...... H 560 62 110 140 Business data, unauthorized control prohibited ...... S 1455 -- 119 -- Charter schools, government laws applicable ...... S 1383 293 86 138 Confidential, court order, public safety threatened ...... H 459 -- 133 -- Corrections Department rule rejected ...... HCR 44 (A) 79 150 Eminent domain business damage, not public ...... S 1401 -- 93 -- Evacuation/emergency response plans, no disclosure ...... H 560 62 110 140 Industrial Commission records, disclosure, when exempt ...... H 623 136 185 247 Insurance consultant, records requirement deleted ...... S 1341 281 61 127 Lawyer's assistance program, disclosure exemption ...... S 1370 363 78 157 Legal forms, modernize date references ...... H 430 32 56 111 Prescription records, disclosure terms amended ...... H 400 27 56 89 Public official, not nonexecutive hospital employees ...... S 1497 -- 178 -- Sexual offender board, documents not disclosed ...... S 1278 182 30 53 Trauma registry system, exempt from disclosure ...... S 1319 329 44 76 Urban renewal agency, requirements ...... H 653 143 170 243 Vital statistics, stillbirth clinical gestation ...... S 1329 277 50 95 RECREATION Snowskier, license plate fees, consult ski assn ...... S 1276 180 28 116 Swimming pools, Health and Welfare rule rejected ...... SCR 120 (A) 62 81 Swimming pools, sanitation standards, exception ...... S 1294 191 37 53 RECYCLING Government purchasing preference, recycled motor oil ...... H 476 -- 102 -- Motor vehicle tires, disposal, fees ...... S 1394 -- 92 199

(A) = Adopted by Senate and House (V) = Vetoed by Governor 326 SENATE INDEX

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RELIGION Religious organizations, degrees and diplomas awarded ...... S 1393 -- 92 -- School prayer amendment, U.S. Constitution, support ...... HJM 17 (A) 151 188 RESOLUTIONS Read Across Idaho Day declared ...... SR 104 (A) 104 169 Senate employee compensation ...... SR 103 (A) 29 32 RESOLUTIONS, CONCURRENT Agency fee rules approved, exception ...... SCR 131 (A) 149 161 Agency rules approved, exception ...... SCR 130 (A) 149 161 Agriculture animal industry rules rejected ...... SCR 126 (A) 91 109 Agriculture crop residue rules approved, exceptions ...... SCR 125 (A) 90 109 Capital gains tax, legislative study committee ...... HCR 55 -- 162 -- Clearwater, minimum streamflow appropriation approved ...... SCR 129 -- 105 -- Coeur d'Alene Basin cleanup, support executive branch ...... SCR 132 (A) 160 177 Corrections Department, rule, records rejected ...... HCR 44 (A) 79 150 Cosmetology Board, reject instructor reexamination rule ...... HCR 48 (A) 119 188 Geographic name changes, local recommendations ...... HCR 53 (A) 170 201 Government information, provide nonvisual access ...... HCR 56 (A) 185 217 Governor, Budget address ...... HCR 38 (A) 15 15 Governor, State of the State address ...... HCR 37 (A) 4 4 Health and Welfare rule re: swimming pools rejected ...... SCR 120 (A) 62 81 Idaho Place/Water Center, construction authorized ...... HCR 60 (A) 202 237 Idaho Public Employee Recognition Week proclaimed ...... SCR 124 (A) 90 109 Legislation, committee hearing, vote, when guaranteed ...... HCR 61 -- 249 -- Lemhi River, minimum streamflow appropriation approved ...... SCR 128 -- 104 -- Lewis and Clark, recognize and honor contributions ...... SCR 123 (A) 84 99 National Adoption Day, recognize and support ...... HCR 47 (A) 137 169 Nurses shortage, prepare strategic plan ...... HCR 58 (A) 185 238 Personal property tax phaseout, legislative study committee ...... HCR 45 -- 162 -- Pheasants, request Fish and Game cease stocking ...... SCR 119 -- 34 -- Ronald Reagan day declared, February 6 ...... HCR 46 (A) 87 137 School achievement standards, legislative study committee ...... SCR 127 -- 97 114 Sex education, promote moral development ...... HCR 57 (A) 185 216 State agency reports to Legislature, electronic format ...... HCR 50 -- 155 201 State veteran's cemetery, facilitate legislation ...... SCR 121 (A) 62 82 Tax Commission, prizes won, rule rejected ...... HCR 41 (A) 70 114 U.S. Military Academy (West Point), recognize ...... HCR 54 (A) 137 177 War on terrorism, appreciate/support leaders ...... HCR 40 (A) 50 82 Wolf Conservation & Management Plan approved ...... SCR 122 -- 79 -- Wolf Conservation & Management Plan, amended ...... SCR 133 -- 165 -- Wolf Conservation & Management Plan, amended ...... SCR 134 (A) 172 188 Women's prison nursery program, study/implement ...... HCR 43 -- 143 -- Yellowstone Grizzly Bear management plan approved ...... HCR 49 -- 195 -- Yellowstone Grizzly Bear, amended plan approved ...... HCR 62 (A) 237 250 RESOLUTIONS, JOINT Idaho Millennium Income Fund, proper expenditures ...... SJR 104 -- 108 -- Idaho Millennium/Income Funds, proper expenditures ...... SJR 106 -- 214 222 Municipal bond bank authority, includes colleges ...... SJR 105 -- 193 210 School district indebtedness, 60% voter assent ...... SJR 103 -- 98 -- State lands, comply with land use planning statutes ...... SJR 102 -- 40 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 327

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RESTAURANTS Food establishment regulation extended, fee increase ...... H 640 140 195 256 RETIREMENT See also PUBLIC EMPLOYEES RETIREMENT SYSTEM of IDAHO (PERSI) RETIREMENT Public Employee Retirement System of Idaho, appropriation ...... S 1457 64 124 156 Public Employee Retirement System of Idaho, appropriation, additional . H 451 18 48 73 Public Employee Retirement System of Idaho, employer remittance .... H 413 8 41 58 Public Employee Retirement System of Idaho, health insurance rights ... S 1452 -- 118 -- Public Employee Retirement System of Idaho, purchase, past employee . S 1453 -- 119 -- Public Employee Retirement System of Idaho, service purchase ...... H 414 9 41 58 Public Employee Retirement System of Idaho, unused sick leave value .. S 1403 -- 93 -- RIGHT-OF-WAY See EASEMENTS RISCH, JASON Substitute Senator (Temporary Replacement for Senator Jim Risch, District 18) Certificate and Letter of Appointment (February 19, 2002) ...... 133 Oath of Office ...... 133 RIVERS Clearwater, minimum streamflow appropriation approved ...... SCR 129 -- 105 -- Kootenai, prohibition on unlawful minnow taking ...... H 419 48 76 125 Lemhi, minimum streamflow appropriation approved ...... SCR 128 -- 104 -- Little Salmon River Basin, water plan approved ...... H 538 342 144 335 Natural flow water, local rental committee ...... S 1435 -- 106 -- Water, total daily maximum load, development, report ...... S 1428 -- 101 -- ROBERTS, VEETA C. Appointment, Member: Bingo-Raffle Advisory Board Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 176 Confirmed by Senate ...... 183 RULES Agency, approval/rejection per concurrent resolution ...... H 729 173 232 258 Agency, fee rules approved, exception ...... SCR 131 (A) 149 161 Agency, rules approved, exception ...... SCR 130 (A) 149 161 Agriculture animal industry rules rejected ...... SCR 126 (A) 91 109 Agriculture crop residue rules approved, exceptions ...... SCR 125 (A) 90 109 Corrections Department, rule re: records rejected ...... HCR 44 (A) 79 150 Cosmetology Board, reject instructor reexamination rule ...... HCR 48 (A) 119 188 Environmental Quality, stricter than federal, notice ...... H 658 144 162 231 Health and Welfare rule, swimming pools rejected ...... SCR 120 (A) 62 81 Legislation, committee hearing, vote, when guaranteed ...... HCR 61 -- 249 -- Legislative study Commission, all executive agency rules ...... S 1374 -- 78 197 Proposed, public notice posted in affected workplace ...... S 1483 -- 162 -- Tax Commission, rejection of prizes rule ...... HCR 41 (A) 70 114

(A) = Adopted by Senate and House (V) = Vetoed by Governor 328 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

-S-

SAFETY Evacuation/emergency response plans, no disclosure ...... H 560 62 110 140 Motor vehicle air bags, disclosure if inoperable ...... H 643 141 184 245 Public, threat, court order, confidential ...... H 459 -- 133 -- Restraint use required, all motor vehicle occupants ...... S 1360 -- 70 152 School building inspection, factors, recommendations ...... H 590 126 189 246 School safety hazards, Education Board powers ...... H 682 -- 190 -- School, unsafe conditions, Education Board powers ...... H 682 -- 190 -- Schools, serious safety hazard, Building Safety Division ...... S 1434 158 102 152/251 Schools, unsafe condition abatement, interest costs ...... S 1431 157 101 179 Serious safety hazard, school, administrator order ...... H 512 -- 114 -- Weapons prohibited, airplanes/airports, search ...... S 1325 221 48 121 Worksite safety inspections, Industrial Commission ...... H 590 126 189 246 SALARIES See also WAGES Attaches, Senate ...... SR 103 (A) 29 29 SALES Alfalfa seed, genetically modified, sale prohibited ...... S 1409 -- 94 -- Cigarette stamps, only manufacturers in compliance ...... S 1358 284 67 95 Commodity liens, date lien attaches, duration ...... S 1458 308 124 206 Disaster conditions, exorbitant prices, factors ...... H 731 358 204 256 Excessive prices during declared disaster unlawful ...... S 1357 361 67 95 Exorbitantly priced necessities in disaster unlawful ...... S 1309 -- 41 -- Farm dealers, violations, civil penalties ...... H 561 114 151 219 Idaho Credit Code, applicable transactions ...... S 1321 -- 45 – Livestock sold at market, sales tax exemption ...... H 481 52 70 125 Motor fuel distributor tax, miscellaneous amendments ...... H 732 174 232 253 Motor vehicle air bags, disclosure if inoperable ...... H 643 141 184 245 Motor vehicle tires, waste tire fee ...... S 1394 -- 92 199 Motor vehicles, nonresident tax exemption ...... H 513 60 114 141 Senior citizen center, sales tax exemption ...... H 494 255 170 243 Telephone solicitation includes sales meeting request ...... S 1298 -- 38 -- Vehicle dealers, continuing education requirements ...... S 1395 -- 92 158 SCHILDWACHTER, DR. GREG Lincoln Day Memorial Service, recitation ...... 109 SCHOLARSHIPS Dependents, paramedics/EMTs killed on duty ...... S 1356 283 67 158 Idaho Promise eligibility, student outside of U.S...... H 570 117 184 246 Student allowance increased, child of POW/MIA ...... S 1327 276 48 102 SCHOOL DISTRICTS Annual instruction hours, reduction, deficient funds ...... S 1306 -- 39 -- Bond credit enhancement, guaranteed debt amount ...... H 668 147 185 253 Bond levy equalization support program ...... S 1473 -- 147 -- Bond levy equalization support program ...... S 1474 159 147 185/262 Bond levy equalization support program ...... S 1475 -- 147 -- Bond levy equalization support program/fund ...... S 1433 -- 101 -- Building maintenance, deposit, deferred maintenance ...... S 1476 -- 147 -- Buildings, deferred maintenance fund, annual deposit ...... S 1432 -- 101 -- Certificated employees, category 3 contract deleted ...... S 1343 -- 64 –

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 329

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SCHOOL DISTRICTS (Continued) Discontinue school unit, qualified district elector ...... S 1485 317 162 206 Levy election, extra dates permitted ...... H 470 -- 79 -- Maximum levy, no property tax replacement deduction ...... H 680 151 185 247 Noncertificated employees, reemployment, annual notice ...... S 1429 -- 101 -- Noncertificated employees, renewable contracts ...... S 1430 -- 101 -- Notify prosecutor, repeatedly truant students ...... H 657 348 162 246 Prekindergarten, school age, 4 years old ...... S 1304 -- 39 112 Public schools, appropriation ...... H 683 238 179 202 Reading assessment report, which students included ...... S 1412 303 99 157 Safety hazards, fail to abate, Education Board powers ...... H 682 -- 190 -- School bonds, state sales tax guarantee ...... S 1424 305 100 148 School district indebtedness, 60% voter assent ...... SJR 103 -- 98 -- Substance abuse, students, policy/reporting required ...... H 548 353 184 257 Support units, alternative secondary summer school ...... H 687 154 190 257 Teacher, time paid, annual delegate meeting ...... S 1415 -- 99 -- Trustee elections, fourth Tuesday in May ...... H 475 - - 83 -- Unsafe conditions abatement, receive interest costs ...... S 1431 157 101 179 SCHOOLS American Indian languages, teach in schools ...... S 1411 265 99 145 Building safety inspection, factors/recommendations ...... H 590 126 189 246 Charter, admin. allowance discrepancy inapplicable ...... H 543 109 170 244 Charter, admission preference, transferred students ...... H 544 -- 119 -- Charter, compliance with education laws ...... H 546 110 119 218 Charter, public records, other laws applicable ...... S 1383 293 86 138 Dual enrollment students, academic requirements ...... H 535 106 114 244 Hazing, unlawful, initiation into organizations ...... H 594 268 119 224 Idaho digital learning academy created ...... H 534 105 121 235 Idaho School for Deaf and Blind, appropriation ...... S 1528 339 221 230 Idaho School for Deaf and Blind, contingency fund ...... S 1414 334 99 157 Laws pamphlet, superintendent duty repealed ...... S 1362 286 75 138 Public schools, appropriation ...... H 683 238 179 202 Pupil attending school in border state, calculation ...... S 1363 287 75 138 School achievement standards, legislative study committee ...... SCR 127 -- 97 114 School prayer amendment, U.S. Constitution, support ...... HJM 17 (A) 151 188 School safety and health revolving fund, continuous appropriation ..... S 1307 -- 39 -- Serious safety hazard, administrator order ...... H 512 -- 114 -- Serious safety hazard, Building Safety Division order ...... S 1434 158 102 152/251 Sex education, promote moral development ...... HCR 57 (A) 185 216 Technology in Learning Council, appropriation, intent ...... H 737 262 232 257 Truant, repeated violations, notify prosecutor ...... H 657 348 162 246 Violence threats report, defamation liability limited ...... H 562 -- 155 -- SEARCH AND RESCUE OPERATIONS Closed area, liability, emergency response expenses ...... H 467 267 114 213 SEAT ASSIGNMENTS Senate Chamber Seats ...... 3 SECRETARY OF STATE Certificate of Election ...... 2 List of Registered Lobbyists ...... 15 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Appropriation ...... H 714 247 190 240 Appropriation reduced ...... S 1471 68 143 156

(A) = Adopted by Senate and House (V) = Vetoed by Governor 330 SENATE INDEX

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SECRETARY OF STATE (Continued) Commission on the Arts, appropriation ...... H 708 241 190 240 Election systems improvement, Democracy Fund created ...... H 613 237 151 219 Electronic databases, records, fee collection ...... H 588 124 162 242 Professional limited liability company, one person ...... S 1316 218 43 89 SECURED TRANSACTIONS UCC, security interests, miscellaneous amendments ...... H 540 107 125 259 SECURITIES Account, includes trust investment management ...... H 584 122 155 258 State investments, money market, U.S. dollars ...... H 456 37 56 89 SELF-GOVERNING AGENCIES Appropriation reduced ...... S 1471 68 143 156 Appropriation, reduce/add, Pharmacy Board ...... H 453 20 48 71 Dentistry Board members, office terms amended ...... H 395 82 189 247 Department, appropriation, Building Safety Division ...... H 709 242 190 241 Department, appropriation, regulatory boards ...... S 1514 203 189 209 Department, appropriation, State Lottery ...... S 1509 200 189 208 Department, appropriation, Veterans Services Division ...... H 700 239 189 239 Environmental health specialist board repealed ...... H 552 111 151 210 Massage Therapy Board established ...... S 1418 -- 100 -- Veterans Services Division, appropriation ...... H 739 252 249 252 SENATE See also Seat Assignments, Committee Assignments See also Elections, Senate Officers See also Rules, Adoption Attaches and Pages, lists ...... 14/129 Certificate of Election ...... 2 Employee compensation ...... SR 103 (A) 29 32 Legislation, committee hearing/vote, when guaranteed ...... HCR 61 -- 249 -- SENATORS, CERTIFICATES OF APPOINTMENT Brent Hill, District 27, Appointment Effective December 24, 2001 .... 2 Brad Little, District 8, Appointment Effective May 24, 2001 ...... 1 Bert Marley, District 33, Appointment Effective October 12, 2001 ..... 1 Temporary Appointments: Judy Bartlett, District 9, Appointment Effective February 4, 2002 ..... 75 Fay Messinger, District 17, Appointment Effective January 17, 2002 ... 35 Jason Risch, District 18, Appointment Effective February 19, 2002 .... 133 Anne Pasley-Stuart, District 19, Appointment Effective January 21, 2002 41 Martin Thorne, District 12, Appointment Effective January 28, 2002 ... 52 SENIOR CITIZENS Aging Commission administrator, salary, duties ...... H 388 47 87 126 Nursing homes, Medicaid, patient's share of costs ...... S 1484 -- 162 -- Qualifying center, sales tax exemption ...... H 494 255 170 243 SENTENCING Capital punishment, appellate defender representation ...... S 1450 -- 118 222 Crimes against pregnant victims, extended sentence ...... S 1468 -- 130 148 Crimes against pregnant victims, extended sentence ...... S 1367 -- 76 -- Juvenile offender custody, nineteenth birthday ...... S 1460 309 124 163 Juveniles, physical custody until 19 years old ...... S 1345 -- 64 -- Suspended sentence, first 240 days ...... S 1459 – 124 -- Theft, third offense, felony punishment ...... S 1366 -- 76 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 331

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SEXUAL OFFENDER’S CLASSIFICATION BOARD Hearn, Thomas J.: Member Appointed by Governor Kempthorne/to Judiciary & Rules ...... 22 Committee Report ...... 55 Confirmed by Senate ...... 60 SIMPSON, HONORABLE MIKE Representative, U. S. Congress, Visit (January 28, 2002) ...... 53 SINE DIE ADJOURNMENT Second Regular Session: Friday, March 15, 2002, at 7:06 p.m. (68th Legislative Day) .... 263 SKIING AND SKI RESORTS Snowskier plate fees, consult ski association ...... S 1276 180 28 116 SMITH, JUDGE RANDY Appointment, Member: Idaho Judicial Council Appointed by Idaho State Bar, Board of Commissioners/to Judiciary and Rules ...... 49 Committee Report ...... 143 Confirmed by Senate ...... 146 SOCIAL WORK Board examiners, member requirements ...... H 406 85 151 236 Professional licensing requirements amended ...... H 406 85 151 236 SOIL Carbon sequestration advisory committee created ...... S 1379 365 83 135/239 Conservation Commission, appropriation ...... H 696 167 185 234 Soil conservation districts, miscellaneous amendments ...... H 555 (V) 184 245 SORENSEN, RODGER LEE Appointment, Member: Aeronautics Advisory Board Appointed by Governor Kempthorne/to Transportation ...... 35 Committee Report ...... 80 Confirmed by Senate ...... 85 SPECIAL COMMITTEES: Lincoln Day: (Senator Brandt) ...... 109 Memorial: (Senator Goedde) ...... 123 SPONSORS, SENATE & HOUSE BILLS See: SENATE INDEX, XV STANDING COMMITTEES See also: SENATE INDEX, Standing Committee Assignments Assignments ...... 3 3 STATE BUILDING AUTHORITY, IDAHO Reberger, J. Philip: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Story, Patricia J.: Member Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 Tracy, Bud: Member Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 74 Confirmed by Senate ...... 82 STATE OF THE JUDICIARY MESSAGE Chief Justice Linda Copple Trout ...... 19

(A) = Adopted by Senate and House (V) = Vetoed by Governor 332 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

STATE OF THE STATE ADDRESS Governor Dirk Kempthorne ...... HCR 37 (A) 4 4 STATE RACING COMMISSION See: RACING COMMISSION STEINLEY, OSCAR R. Appointment, Member: Racing Commission, Idaho State Appointed by Governor Kempthorne/to State Affairs ...... 26 Committee Report ...... 40 Confirmed by Senate ...... 43 STONE, LAIRD B. Appointment, Member: State Board of Education Appointed by Governor Kempthorne/to Education ...... 23 Committee Report ...... 45 Confirmed by Senate ...... 50 STORER, CLAUDE Appointment, Member: Water Resource Board Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 STORY, PATRICIA J. Appointment, Member: Idaho State Building Authority Appointed by Governor Kempthorne/to State Affairs ...... 23 Committee Report ...... 47 Confirmed by Senate ...... 50 STUART (PASLEY-STUART), ANNE Substitute Senator (Temporary Replacement for Senator Dunklin, District 19) Certificate and Letter of Appointment (January 21, 2002) ...... 41 Oath of Office ...... 41 STUDENTS Charter school admission preference, transferred student ...... H 544 -- 119 -- College, allowance increased, child of POW/MIA ...... S 1327 276 48 102 Community college tuition, increase limits ...... S 1384 294 86 126 Driving permit, restricted school attendance type ...... H 610 235 185 261 Dual enrollment, academic requirements ...... H 535 106 114 244 Hazing, unlawful, initiation into organizations ...... H 594 268 119 224 Prekindergarten, school age, 4 years old ...... S 1304 -- 39 112 Pupil attending school in border state, calculation ...... S 1363 287 75 138 Reading assessment calculation, which students ...... S 1412 303 99 157 Scholarship eligibility, student outside of U.S...... H 570 117 184 246 Sex education, promote moral development ...... HCR 57 (A) 185 216 Substance abuse, school policy, reporting required ...... H 548 353 184 257 Truant, repeated violations, notify prosecutor ...... H 657 348 162 246 STUDIES Capital gains tax, legislative committee ...... HCR 55 -- 162 -- Executive agency rules, legislative committee ...... S 1374 -- 78 197 Personal property tax phaseout, legislative committee ...... HCR 45 -- 162 -- School achievement standards, legislative committee ...... SCR 127 -- 97 114 SUBSTANCE ABUSE Joint millennium fund commission, funding recommendations ...... H 486 352 83 170 Lawyer's assistance program, records, immunity ...... S 1370 363 78 157 Student, school policy/reporting requirements ...... H 548 353 184 257

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 333

Bill Session Intro. Vote Number Law No. Page Page

SUBSTITUTE SENATORS Judy Bartlett (Temporary Replacement for Senator Branch, District 9) Certificate of Appointment (Effective February 4, 2002) ...... 75 Oath of Office ...... 75 Messinger, Fay (Temporary Replacement for Senator Ipsen, District 17) Certificate and Letter of Appointment (January 17, 2002) ...... 35 Oath of Office ...... 35 Jason Risch (Temporary Replacement for Senator Risch, District 18) Certificate of Appointment (Effective February 19, 2002) ...... 133 Oath of Office ...... 133 Pasley-Stuart, Anne (Temporary Replacement for Senator Dunklin, District 19) Certificate and Letter of Appointment (January 21, 2002) ...... 41 Oath of Office ...... 41 Martin Thorne (Temporary Replacement for Senator Thorne, District 12) Certificate of Appointment (Effective January 28, 2002) ...... 52 Oath of Office ...... 52 SULLIVAN, DR. J. KIRK Appointment, Member: Public Employee Retirement System Board Appointed by Governor Kempthorne/to Commerce & Human...... Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 SUPREME COURT See also COURTS, JUDICIARY

-T-

TAX AND TAXATION Appeals Board, appropriation ...... S 1526 210 221 230 Children's Trust Fund, continue existence ...... S 1382 292 83 141 Commission, appropriation ...... S 1527 211 221 230 Commission, disaster declared, automatic time extensions ...... H 454 21 49 72 Commission, exchange residency information with Fish and Game ..... H 549 79 119 165 Commission, rule re: prizes won, rejected ...... HCR 41 (A) 70 114 Commission, Department, appropriation reduced ...... S 1471 68 143 156 Death tax, support permanent repeal ...... HJM 11 (A) 46 50 District, taxable value certification, when due ...... H 572 118 184 244 Internal Revenue Code, code reference corrected ...... S 1303 46 39 57 Internal Revenue Code, update code references ...... H 492 59 110 140 Medical savings account, reporting requirement ...... S 1302 212 39 197 TAX AND TAXATION, INCOME Capital gains tax, legislative study committee ...... HCR 55 -- 162 -- Credit, broadband equipment, transfer credits ...... H 442 35 61 111 Credit, charitable contributions, Kinderhaven ...... H 663 269 185 253 Credit, employees, sunset clause repealed ...... H 651 -- 170 244 Credit, research expenses ...... H 442 35 61 111 Credit, venture capital ...... H 684 (V) 202 254 Deduction, capital gain net income ...... H 442 35 61 111 Deduction, long-term care not otherwise deducted ...... H 442 35 61 111 Deficiency/refund, limitation period, duplicates ...... H 442 35 61 111 Losses, activities not deductible ...... H 440 33 56 111 Qualified funeral trusts, residency, taxation ...... H 455 36 61 111 Refund, developmentally disabled, any age ...... H 442 35 61 111

(A) = Adopted by Senate and House (V) = Vetoed by Governor 334 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

TAX AND TAXATION, PROPERTY Electricity-generating equipment, construction roll ...... H 582 344 151 213 Exemption, nonprofit, low-income housing ...... H 652 162 202 257 Exemption, nursery stock machinery/equipment ...... H 679 150 195 253 Fire protection districts, levy amount allowed ...... H 724 172 205 257 Land devoted to agriculture, five contiguous acres ...... H 487 93 189 252 Library bond election, two-thirds majority ...... H 688 154 202 255 Manufactured homes, treated as real property, when ...... H 559 61 119 141 Operating property assessment, county or state ...... H 619 135 162 233 Personal property tax phaseout, legislative study committee ...... HCR 45 -- 162 -- Rural home site development, tax classification ...... H 488 341 87 209 Tax Appeals Board, decision fixing market value change ...... S 1375 332 78 125 Tax Appeals Board, decision fixing market value change ...... S 1299 -- 38 -- Tax replacement, not deducted, maximum school levy ...... H 680 151 185 247 Urban renewal area, property taxable value ...... H 653 143 170 243 TAX AND TAXATION, SALES Distribution, school safety/health revolving fund ...... S 1307 -- 39 -- Exemption, Family Services Alliance of SE Idaho ...... H 482 90 170 243 Exemption, fire department/emergency medical service ...... H 581 120 185 248 Exemption, livestock sold at market ...... H 481 52 70 125 Exemption, nonresidents, vehicle sales, definitions ...... H 513 60 114 141 Exemption, qualifying senior citizen center ...... H 494 255 170 243 Gasohol, tax reduction, deduction, refunds ...... H 426 30 56 103 Guarantee, refunding certain school bonds ...... S 1424 305 100 148 Motor fuel distributor tax, miscellaneous amendments ...... H 732 174 232 253 Overpayment refunds, claims, notice, procedures ...... H 471 38 70 112 TAX APPEALS, IDAHO BOARD OF Kinghorn, David: Member Appointed by Governor Kempthorne/to Local Government &...... Taxation 27 Committee Report ...... 113 Confirmed by Senate ...... 118 TEACHING AND TEACHERS Certificated employees, category 3 contract deleted ...... S 1343 -- 64 -- Elementary teacher certificate, preservice assessment ...... H 399 71 110 164 Public schools, appropriation ...... H 683 238 179 202 Sex education, promote moral development ...... HCR 57 (A) 185 216 State assn, annual delegate meeting, time spent ...... S 1415 -- 99 -- TELECOMMUNICATIONS Information technology council, establish policies ...... S 1461 310 124 163 Line/instrument, intentional destruction, penalty ...... S 1451 227 118 179/262 Line/instrument, malicious destruction ...... S 1352 -- 66 -- Mobile wireless carriers, fee, primary Idaho use ...... S 1477 311 151 196 Mobile, monthly surcharge, Idaho primary use ...... S 1392 -- 87 -- Public Utilities Commission, pricing regulation, effective competition ... S 1447 -- 110 -- TELEPHONES Emergency phone call, intentional interruption, penalty ...... S 1353 -- 66 -- Telephone solicitation includes sales meeting request ...... S 1298 -- 38 -- Telephone/videoconferencing, attend public meeting ...... S 1369 290 76 115 TELEVISION Public Broadcasting System, appropriation ...... S 1525 209 221 230 TENANTS See LANDLORDS AND TENANTS

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 335

Bill Session Intro. Vote Number Law No. Page Page

TERM LIMITS Term limits for elected officials repealed ...... H 425 1 51 61 TERRORISM See CRIMINAL OFFENSES & PROCEDURES; DISASTERS; EMERGENCIES THORNE, MARTIN Substitute Senator (Temporary Replacement for Senator Jerry Thorne, District 12) Certificate and Letter of Appointment (January 28, 2002) ...... 52 Oath of Office ...... 52 TIMBER See FORESTS AND FORESTRY; LOGGING AND LUMBER TOBACCO Cigarette stamps, only manufacturers in compliance ...... S 1358 284 67 95 Idaho Millennium Income Fund, proper expenditures ...... SJR 104 -- 108 -- Idaho Millennium Income Funds, proper expenditures ...... SJR 106 -- 214 222 Joint millennium fund commission, funding recommendations ...... H 486 352 83 170 Master settlement, compliance required for stamps ...... S 1297 -- 37 -- Millennium Income Fund, appropriation to various programs ...... H 676 350 170 218 TRACY, BUD Appointment, Member: Idaho State Building Authority Appointed by Governor Kempthorne/to State Affairs ...... 22 Committee Report ...... 74 Confirmed by Senate ...... 82 TRADE Alfalfa seed, genetically modified, sale prohibited ...... S 1409 -- 94 -- Canadian lumber imports, end unfair subsidies ...... SJM 113 -- 192 204 Contractor, failure to provide lien notice unlawful ...... S 1454 307 119 159 Exorbitantly priced necessities in disaster unlawful ...... S 1309 -- 41 -- Telephone pricing regulation cessation, competition ...... S 1447 -- 110 -- Worker Adjustment Act, strict time compliance ...... HJM 15 (A) 125 188 TRANSPORTATION Abandoned vehicle, disposition, fee responsibility ...... S 1396 366 92 142 Department, appropriation ...... S 1510 201 189 208 Department, appropriation reduced ...... S 1471 68 143 156 Department, continuing education, vehicle dealers ...... S 1395 -- 92 158 Department, property compensation, review by appraiser ...... H 427 31 56 103 Disabled parking, locations, applications, violations ...... S 1320 -- 45 121 Driver license applicant, selective service register ...... H 611 161 151 213 Electric assistive mobility device, pedestrian use ...... H 550 160 162 228 Federal highway funds, request increase ...... HJM 21 (A) 190 238 Highway construction bid invitation, publication method ...... S 1398 -- 92 -- License plates, snowskier, consult ski association ...... S 1276 180 28 116 License plates, special, 3-year introductory period ...... S 1361 285 70 112 License plates, special, Appaloosa Horse Club ...... H 477 254 147 245 License plates, special, Corvette ...... S 1442 226 107 206 License plates, special, motorcycle safety program ...... S 1443 -- 107 197 License plates, special, peace officer memorial ...... S 1361 285 70 112 License plates, special, wildlife, three designs ...... S 1359 362 70 112 Motorized wheelchair/electric devices, sidewalk use ...... H 550 160 162 228 Multistate Highway Transportation Agreement amended ...... S 1438 -- 106 --

(A) = Adopted by Senate and House (V) = Vetoed by Governor 336 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

TRANSPORTATION (Continued) Railroad crossing, funds, public safety education ...... H 516 76 114 170 Registration fee, uniform, vehicles 16K-30K lbs ...... S 1440 -- 107 -- Registration fees amended, vehicles over 30K lbs ...... S 1441 -- 107 -- Safety restraint use, all motor vehicle occupants ...... S 1360 -- 70 152 Studded tires, requirements, dates allowed ...... S 1397 -- 92 -- Vehicles, five axles, maximum interstate speed, 65 mph ...... S 1439 -- 106 196 Veterans, wheelchair-bound, transportation fund ...... S 1462 228 125 197 TRANSPORTATION BOARD Combo, John X.: Member Appointed by Governor Kempthorne/to Transportation ...... 23 Committee Report ...... 80 Confirmed by Senate ...... 85 TREASURER, STATE 2002-2007 salary set ...... S 1529 340 221 232 2004-2006 salary set ...... S 1498 -- 178 -- Appropriation ...... S 1503 196 184 207 Appropriation reduced ...... S 1471 68 143 156 Money market securities, payable in U.S. dollars ...... H 456 37 56 89 Small business loan, purchase, conditions deleted ...... H 456 37 56 89 TROUT, CHIEF JUSTICE LINDA COPPLE State of the Judiciary Message ...... 19 TRUSTS Investment management account, beneficiaries ...... H 584 122 155 258 Qualified funeral trusts, residency, taxation ...... H 455 36 61 111

-U-

UHLING, TERRY T. Appointment, Member: Idaho Water Resource Board Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 UNIFORM COMMERCIAL CODE Demand draft, authorization, warranties ...... H 583 121 155 259 Security interests, miscellaneous amendments ...... H 540 107 125 259 UNIFORM LAWS Fire code references, changed to international ...... H 409 86 144 223 Interstate Enforcement, Domestic Violence Protection ...... S 1308 213 41 87 Uniform Anatomical Gift Act amended ...... H 702 171 195 256 Uniform Fire Code, amend, short term events ...... S 1470 -- 137 -- URBAN RENEWAL Agency, tax, budget, records, meeting laws ...... H 653 143 170 243 UTILITIES Idaho Electricity Authority created ...... S 1505 -- 184 -- Mobile wireless carriers, fee, primary Idaho use ...... S 1477 311 151 196 Net metering system, utility/customer rights and duties ...... S 1368 -- 76 -- Public Utilities Commission, appropriation ...... H 695 166 185 233 Public utilities consumer's advocate office created ...... S 1300 -- 38 -- Public Utilities Commission, procedures, intervention, education ...... S 1373 -- 78 -- Public Utilities Commission, intervenor costs increased ...... S 1373 -- 78 -- Public Utilities Commission, mobile telecommunications surcharge .... S 1392 -- 87 -- Public Utilities Commission, pricing regulation cessation, competition .. S 1447 -- 110 -- Underground facilities, excavations/markings/damage ...... H 678 351 189 253

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 337

Bill Session Intro. Vote Number Law No. Page Page

-V-

VESSELS See BOATS VETERANS "Decoration Day" renamed "Memorial Day" ...... H 662 146 170 242 Child of POW/MIA, college allowance increased ...... S 1327 276 48 102 Homes/office administrators, nonclassified employees ...... H 412 54 41 139 Services Division, appropriation ...... H 700 239 189 239 Services Division, appropriation ...... H 739 252 249 252 Services Division, appropriation reduced ...... S 1471 68 143 156 Services Division, Transportation Fund ...... S 1462 228 125 197 State veteran's cemetery, facilitate legislation ...... SCR 121 (A) 62 82 State veteran's cemetery, operation and management ...... H 428 49 61 126 War veteran defined, government hiring preference ...... H 616 134 151 233 Wheelchair-bound, transportation fund ...... S 1462 228 125 197 VETERINARY MEDICINE Female cattle, official brucellosis vaccination ...... H 523 102 189 245 Veterinarian duties, disease constituting emergency ...... H 446 87 130 219 VETO MESSAGES, GOVERNOR'S Term Limits (H 425) ...... 68 Override: H 425 becomes law, Governor’s Veto notwithstanding ...... 69 VICTIMS Compensation, records, limit, family expenses ...... H 623 136 185 247 VISITORS Craig, Honorable Larry Idaho Senator, U. S. Congress (January 18, 2002) ...... 39 Simpson, Honorable Mike, Idaho Representative, U. S. Congress (January 28, 2002) ...... 53 Former Senator Jim Yost - Memorial Service, February 18, 2002 ..... 124 VOCATIONAL EDUCATION See PROFESSIONAL-TECHNICAL EDUCATION VOCATIONAL REHABILITATION Division, appropriation ...... S 1502 195 183 207 Division, appropriation, additional ...... H 450 17 48 71 VOTES, RECONSIDERATION OF S 1296: First Vote (Failed January 29, 2002) ...... 57 Notice Given, Senator Schroeder (January 29, 2002) ...... 57 Motion to Hold at Desk, prevailed (January 30, 2002) ...... 60 Motion to Reconsider, Moved by Senator Schroeder ...... 64 Motion to Reconsider did not prevail, January 31, 2002 ...... 64 S 1333: First Vote (Failed February 13, 2002) ...... 115 Notice Given, Senator Hawkins (February 13, 2002) ...... 115 Reconsideration granted by unanimous consent ...... 118 Reconsidered Vote, February 14, 2002 (Passed) ...... 118 VOTING AND VOTERS Absentee ballots, deadlines, retain in secure place ...... H 612 236 151 219 Candidates, contributions/expenditure report filing ...... H 707 240 190 254 City election procedures, miscellaneous amendments ...... H 503 75 114 163 Election systems improvement, Democracy Fund created ...... H 613 237 151 219 Persuasive poll, ballot measure, identify source ...... S 1446 -- 109 -- Political advertising, identify financial source ...... S 1446 -- 109 -- School levy election, extra dates permitted ...... H 470 -- 79 -- School trustee elections, fourth Tuesday in May ...... H 475 -- 83 -- School unit discontinuation, qualified electors ...... S 1485 317 162 206 Term limits for elected officials repealed ...... H 425 1 51 61

(A) = Adopted by Senate and House (V) = Vetoed by Governor 338 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

-W-

WAGES Agricultural inspector, overtime pay on holidays ...... H 444 -- 130 219 Executive officers, salaries set, 2004-2006 ...... S 1498 -- 178 -- Executive state officials, 2002-2007 salaries set ...... S 1529 340 221 232 Highway district commissioner salaries ...... H 608 133 162 234 Minimum, piece rate workers under 17 exempt ...... S 1291 -- 33 -- Senate employee compensation ...... SR 103 (A) 29 32 Water/sewer district board member salary increased ...... H 424 -- 56 164 WAREHOUSES Commodity, inspection/bond/miscellaneous amendments ...... H 645 259 162 235 WASTES Agriculture systems, construction/approval ...... H 726 261 195 245 Commercial hazardous waste, disposal fees amended ...... H 735 176 237 257 Computer monitors, special waste treatment ...... S 1416 -- 100 -- Livestock truck washing facilities, inspect/license ...... H 529 104 205 256 Motor vehicle tires, recycling, disposal, fees ...... S 1394 -- 92 199 Treated hazardous waste, commercial disposal fees ...... S 1467 -- 130 -- WATER Augment water flow, salmon, years 2002-2004 ...... H 666 349 185 254 Basin improvement project, Washington representative ...... H 489 39 79 112 Canal/lateral/drain, interference, injuries, changes ...... H 566 115 125 232 Ditch/canal/drain, recreational use, misdemeanor ...... H 565 -- 195 -- EPA draft temperature guidance document, protest ...... HJM 18 (A) 162 201 Lava Hot Springs Foundation, powers & duties ...... H 422 55 87 140 Little Salmon River Basin, water plan approved ...... H 538 342 144 335 Rights adjudication, objection responses deadline ...... H 415 12 41 72 Rights adjudication, report, filing deadline ...... H 416 13 48 72 Total daily maximum load, development, report ...... S 1428 -- 101 -- Water right, nonuse, when not forfeited ...... H 569 343 155 230 WATER RESOURCE BOARD Beck, Leonard: Member Appointed by Governor Kempthorne/to Resources & Environment .. 37 Committee Report ...... 122 Confirmed by Senate ...... 129 Chamberlain, Gary: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Jordan, Joseph L.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Storer, Claude: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129 Uhling, Terry T.: Member Appointed by Governor Kempthorne/to Resources & Environment .. 25 Committee Report ...... 122 Confirmed by Senate ...... 129

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 339

Bill Session Intro. Vote Number Law No. Page Page

WATER RESOURCES DEPARTMENT Adjudication, objection responses deadline shortened ...... H 415 12 41 72 Adjudication, unobjected report, filing deadline ...... H 416 13 48 72 Appropriation ...... H 697 168 185 234 Appropriation reduced ...... S 1471 68 143 156 Appropriation, additional ...... H 458 22 48 72 Clearwater, minimum streamflow appropriation approved ...... SCR 129 -- 105 -- Idaho Place/Water Center, construction authorized ...... HCR 60 (A) 202 237 Irrigation projects, use of digital boundaries ...... S 1425 306 101 223 Lemhi River, minimum streamflow appropriation approved ...... SCR 128 -- 104 -- Natural flow water, local rental committee ...... S 1435 -- 106 -- Water appropriation application, factors to consider ...... S 1426 -- 101 -- Water appropriation/change, frivolous protest ...... S 1427 -- 101 -- WEAPONS Concealed, carrying while under influence ...... S 1286 189 31 57 Firearm, unlawful possession clarified ...... S 1282 187 31 56 Mass/biological/chemical, felony offense ...... S 1348 222 65 121 Prohibited, airplanes/airports, consent to search ...... S 1325 221 48 121 WELFARE See PUBLIC ASSISTANCE WIDOWS AND WIDOWERS PERSI, health insurance rights until age 65 ...... S 1452 -- 118 -- Worker's compensation, death income benefits ...... H 599 129 189 259 WILDLIFE Bear and lion depredation, livestock includes goats ...... S 1333 278 55 115 Big game depredation funds, investment, claims ...... H 539 -- 155 -- Domestic cervidae violations, separate offense ...... H 524 103 147 223 Pheasants, improve habitat, cease stocking ...... SCR 119 -- 34 -- Remove wolves at federal expense ...... HJM 20 -- 195 -- Salmon, augment water flow, years 2002-2004 ...... H 666 349 185 254 Special license plates, three designs ...... S 1359 362 70 112 Wolf Conservation & Management Plan approved ...... SCR 122 -- 79 -- Wolf Conservation & Management Plan, amend ...... SCR 134 (A) 172 188 Wolf Conservation & Management Plan, amend ...... SCR 133 -- 165 -- Wolf management plan, adequate federal funding ...... S 1376 -- 82 -- Wolf management plan, Fish and Game Department authorization ..... S 1499 327 178 197 Yellowstone Grizzly Bear management plan approved ...... HCR 49 -- 195 -- Yellowstone Grizzly Bear management, federal funding ...... H 587 -- 195 -- Yellowstone Grizzly Bear, amended plan approved ...... HCR 62 (A) 237 250 WINE Dessert, license endorsement, authorization to purchase ...... S 1423 -- 100 -- WOMEN Idaho Women's Commission, appropriation ...... H 721 251 190 241 WOODALL, PARKER G. Appointment, Member: Idaho Endowment Fund Investment Board Appointed by Governor Kempthorne/to Commerce & Human Resources 24 Committee Report ...... 75 Confirmed by Senate ...... 82 WORKER'S COMPENSATION Death, income benefits, widow/widower ...... H 599 129 189 259 Dividend funds, deposit to General Fund ...... H 511 43 79 103

(A) = Adopted by Senate and House (V) = Vetoed by Governor 340 SENATE INDEX

Bill Session Intro. Vote Number Law No. Page Page

-Y-

YOST, JIM Former Senator, Tribute to Senator Dave Little (Deceased) Memorial Service (February 18, 2002) ...... 124 YOUTH See CHILDREN

-Z-

ZAMORA, ESTELLA O. Appointment, Member: Idaho Commission on Human Rights Appointed by Governor Kempthorne/to State Affairs ...... 36 Committee Report ...... 99 Confirmed by Senate ...... 114 ZONING See PLANNING & ZONING

(A) = Adopted by Senate and House (V) = Vetoed by Governor SENATE INDEX 341

SECTION V

NUMERICAL INDEX OF SENATE BILLS

The following index lists in numerical order all bills which were introduced in the Senate, together with the name of the author and a brief description of the subject matter. The numbers in the Introduction column cite the page where the complete title may be found and the date of introduction of the bill. The numbers in the Vote or Disposition columns cite the page where the Senate's Final Vote or Final Disposition can be found. Amendments to a bill are noted at the bottom of the subject matter and the number opposite is the page in the Journal where the Senate amendments are recorded. House amendments to Senate bills can be found in the House Journal.

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1276 Transportation Law MOTOR VEHICLES - LICENSE PLATES - Relating to the Idaho snow skier license plates to delete reference to the 2002 Olympic winter games strategy program; provides that any moneys expended by the Department of Commerce for the promotion of Idaho's ski industry be done in consultation with the Idaho Ski Area Association...... 28 116 264 Amended in the Senate ...... 96

1277 Transportation Law COMMERCIAL VEHICLES - OPERATORS - Provides for disqualification of a commercial motor vehicle operator convicted of violating federal regulation or state law on railroad grade crossings; and provides for the imposition of a fixed penalty upon an employer convicted of knowingly allowing, permitting, requiring or authorizing an employee operating a commercial motor vehicle to violate federal regulation or state law on railroad grade crossings...... 28 52 264

1278 Judiciary Law SEXUAL OFFENDER BOARD - Provides that a written & Rules summarization of information relied upon by the Sexual Offender Classification Board may be made available to the offender; and to withhold from disclosure certain documents relating to the Registration and Notification Act...... 30 53/238 264 Amended in the House (See House Journal) Concurred in House Amendments ...... 205

1279 Judiciary Law SEXUAL OFFENDER CLASSIFICATION - Provides an & Rules exclusion to a code citation under which conviction of a sexual predator is cause for review by the Sexual Offender Classification Board; and to provide correct citations. ... 30 53 264

1280 Judiciary Judiciary ARBITRATION - Amends existing law to set forth the & Rules & Rules provisions of the Revised Uniform Arbitration Act...... 31 --- 32

1281 Judiciary Law DRUGS - POSSESSION - Clarifies that certain penalties & Rules relating to the use or possession of drugs or drug paraphernalia apply only to persons under eighteen years of age...... 31 53 264

1282 Judiciary Law JUVENILES - Amends existing law to clarify the jurisdiction & Rules for juvenile violators aged fourteen years or younger for certain violations...... 31 54 264

1283 Judiciary Law METHAMPHETAMINE - Amends existing law to clarify the & Rules penalty for the attempted manufacture of methamphetamine or amphetamine...... 31 54 264 342 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1284 Judiciary Law FELONS - FIREARMS - Amends existing law to clarify that & Rules it is unlawful for a person who has been convicted of a felony to purchase, own, possess, or have under his custody or control, a firearm...... 31 56 264

1285 Judiciary Law APPEALS COURT - EMPLOYEES - Provides that & Rules employees of the Idaho Court of Appeals are nonclassified employees...... 31 56 264

1286 Judiciary Law INTOXICATION - Provides that provisions of the & Rules Alcoholism and Intoxication Treatment Act restricting the incarceration or prosecution of certain persons shall not affect laws, ordinances, resolutions, or rules regarding pedestrians, the carrying of concealed weapons, or persons on certain roadways and properties who are using or are under the influence of controlled substances or narcotic drugs. .... 31 57 264

1287 Brandt Judiciary ALCOHOL - SALE TO MINORS - Provides that it shall be & Rules unlawful for any person to knowingly or intentionally sell, give, or furnish, or cause to be sold, given or furnished distilled spirits, beer or wine to a person under twenty-one; to provide felony penalties for a subsequent violation of selling, giving, furnishing or causing to be sold, given, or furnished any distilled spirits, beer, or wine to a person under the age of twenty-one years or if the minor suffers great bodily harm, permanent disfigurement, permanent disability or death due to such violation; and to provide for notification to the Idaho State Police of violations...... 32 --- 35

1288 Commerce Law COLLECTION AGENCIES - Revises a definition; revises & Human prohibited conduct; revises the requirements for permit Resources applications; requires that an application for renewal of a permit be postmarked on or before a certain date; provides for the cost of examinations; provides for certain cease and desist orders; increases the monetary civil penalty; provides additional civil penalties; extends the director's authority to bring an action to enjoin certain violations; provides for additional remedies; ands clarifies the effective date of permit cancellation...... 33 116 264 Amended in the Senate ...... 96

1289 Commerce Law FARM LABOR CONTRACTOR LICENSING - Adds to & Human existing law to provide for the licensing of farm labor Resources contractors by the Department of Labor...... 33 121 264 Amended in the Senate ...... 96

1290 Commerce Law INDIAN TRIBES - Adds to existing law to extend & Human unemployment insurance coverage to employees of Indian Resources tribes and tribal units...... 33 57 161

1291 Commerce Commerce AGRICULTURAL LABOR - MINIMUM WAGE - Amends & Human & Human existing law to provide that an agricultural employee is Resources Resources exempt from the minimum wage law if such employee is paid on a piece-rate basis, commutes daily from his permanent residence to the farm where he is employed and was employed in agriculture less than thirteen weeks during the preceding calendar year...... 33 --- 35 SENATE INDEX 343

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1292 Finance Law APPROPRIATIONS - AGRICULTURE DEPARTMENT - Appropriating an additional $157,400 to the Department of Agriculture for Plant Industries for fiscal year 2002. .... 34 42 81

1293 Finance Law APPROPRIATIONS - MILITARY DIVISION - Appropriating an additional $32,500 to the Office of the Governor for the Military Division for the Bureau of Hazardous Materials for fiscal year 2002...... 34 42 81

1294 Health & Law SWIMMING POOLS - Provides that the term "public Welfare swimming pool" does not include a pool operated solely for and in conjunction with certain places of lodging and residential facilities containing multiple dwellings...... 37 53 264

1295 Judiciary Law EMPLOYEES - CORRECTION DEPARTMENT - Provides & Rules that all employees of Correctional Industries within the Department of Correction shall be nonclassified employees within the state personnel system; provides that all deputy administrators and wardens of the Department shall be nonclassified employees; and provides definitions...... 37 88 264

1296 State Failed in CAPITOL CONSTRUCTION - Provides for the Affairs Senate prequalification of contractors and subcontractors on capitol building construction and renovation projects; and provides conditions if prequalification is used...... 37 57 64 Motion to Reconsider ...... 64

1297 State State CIGARETTES - MASTER SETTLEMENT AGREEMENT Affairs Affairs Requires cigarette distributors and stamping agents to only stamp and distribute cigarettes of those tobacco product manufacturers that are in compliance with Idaho's Master Settlement Agreement Act; provides procedures; provides duties of the Attorney General; and provides for agreements for exchange of information...... 37 --- 38

1298 State Failed in TELEPHONE SOLICITORS - Provides that calls by Affairs Senate telephone solicitors in order to make a face-to-face sales presentation constitutes a telephone solicitation for purposes of applying Idaho's "no call" list statute. (Note: Amendment deleted enacting clause.) ...... 38 --- 136 Amended in the Senate ...... 134

1299 Local Local TAX APPEALS BOARD - DECISIONS - Provides that a Government Government final decision or order of the Board of Tax Appeals directing & Taxation & Taxation a market value change not further appealed shall be fixed for the current year appealed and there shall be no change in value for the subsequent assessment year when no physical change occurs; and provides that annual trending or equalization applied to all properties of a property class or category shall still apply...... 38 --- 39 344 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1300 Keough State PUBLIC UTILITY CONSUMER'S ADVOCATE - Provides Affairs for the creation of a Public Utility Consumer's Advocate in the Office of the Attorney General; provides the powers of the advocate; directs certain utilities to provide certain documents; provides for representation of the consumer's interests; and provides financing for the office from the Public Utilities Commission Fund...... 38 --- 38

1301 Finance Law BUDGET STABILIZATION FUND - Stating findings of the Legislature; appropriating $9,923,000 from the Budget Stabilization Fund to the General Fund; and directing the State Controller not to transfer moneys to the Budget Stabilization Fund for fiscal year 2002...... 39 46 81

1302 Schroeder Law MEDICAL SAVINGS ACCOUNTS - Amends existing law to revise reporting requirements for medical savings accounts; and to provide application to account holders of certain medical savings accounts...... 39 197 264 Amended in the Senate ...... 171

1303 Commerce Law PUBLIC EMPLOYEE RETIREMENT SYSTEM - Provides & Human a correct code reference to Section 401 of the Internal Resources Revenue Code, which is in the definition of "salary" for Public Employee Retirement System purposes...... 39 57 161

1304 Schroeder Failed PRE-KINDERGARTEN - Amends existing law to provide a in minimum age requirement for attendance in pre-kindergarten House in school districts which conduct pre-kindergarten...... 39 112 195

1305 Schroeder Health & CHILDREN'S HEALTH INSURANCE PROGRAM - Welfare Amends Section 14, Chapter 368, Laws of 2001, to remove the limitation upon expenditures by the Department of Health and Welfare for the purposes of outreach efforts in the Children's Health Insurance Program...... 39 --- 40

1306 Schroeder Education SCHOOLS - INSTRUCTIONAL HOURS - Amends law to authorize a reduction in the number of hours of instructional time required in public schools when the distribution from the Public School Income Fund is deficient...... 39 --- 40

1307 Schroeder Local SALES TAX - DISTRIBUTION - Amends existing law to Government provide that $10,000,000 shall be transferred annually from & Taxation the Sales Tax Distribution Fund to the School Safety and Health Revolving Loan and Grant Fund...... 39 --- 40

1308 Judiciary Law DOMESTIC VIOLENCE - Amends and adds to existing law & Rules to provide for the uniform enforcement of domestic violence protection orders...... 41 87 264

1309 State State DISASTERS - Amends existing law to prohibit a person from Affairs Affairs taking advantage of a declared state of emergency or disaster by selling fuel, food, medicine or another necessity at an exorbitant or excessive price...... 41 --- 42 SENATE INDEX 345

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1310 State State PUBLIC SAFETY OFFICERS - Provides for the payment of Affairs Affairs death benefits to family members of firefighters, paramedics or emergency medical technicians (public safety officers) who are killed in the performance of their duties...... 41 --- 42

1311 Finance Law APPROPRIATIONS - LABOR DEPARTMENT - Appropriating $7,000,000 or a lesser amount as may become available from the funds made available to the Department of Labor pursuant to Section 903 of the federal Social Security Act, as amended (Reed Act), for the payment of expenses incurred for the administration of the Unemployment Insurance and Employment Service programs; and providing that no portion of these funds may be used for the purchase or construction of office buildings...... 43 53 91

1312 Judiciary Law DISTRICT JUDGES - Amends existing law to provide that & Rules appointed judges shall hold office until the next general election for district judges occurring at least one year following the date of the judge's appointment...... 43 141 264 Amended in the Senate ...... 127

1313 Judiciary Law GUARDIANSHIP PROCEEDINGS - Provides for the & Rules payment of designated compensation, fees, and costs to certain visitors, guardians ad litem, physicians, guardians, temporary guardians, and persons bringing or defending a guardianship proceeding; and provides for the payment of designated compensation, fees and costs to certain visitors, guardians ad litem, physicians, conservators, special conservators and persons bringing or defending a conservatorship proceeding...... 43 88 264

1314 Judiciary Law DECEDENT - SUCCESSORS - Revises criteria to be set & Rules forth in an affidavit of a successor to a decedent to reflect an increase in the maximum fair market value of estates qualified to collect certain personal property by affidavit...... 43 88 264

1315 Judiciary Law DISABLED PERSONS - VISITORS - Amends existing law & Rules to provide certain restrictions on the appointment of visitors and guardians ad litem for disabled persons...... 43 94 264

1316 Judiciary Law PROFESSIONAL SERVICE LIMITED LIABILITY & Rules COMPANY - Amends existing law to provide that one or more persons meeting designated criteria may organize and become a professional service limited liability company. . 43 89 264

1317 Judiciary House NONPROBATE TRANSFERS - Repeals and adds to existing & Rules Judiciary, law to provide for the liability of nonprobate transferees for Rules, & creditor claims and statutory allowance...... 43 89 89 Administration

1318 Health & Law CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS Welfare Amends and adds to existing law to specify inclusion of children's therapeutic outdoor programs within the child care licensing laws...... 44 76 264 346 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1319 Health & Law TRAUMA REGISTRY - Creates a comprehensive trauma Welfare reporting system to gather pertinent data relating to trauma incidents in Idaho; to create a Trauma Registry Fund; and to provide for confidentiality of medical information...... 44 76 264

1320 Transportation Failed in PARKING - DISABLED PERSONS - Provides clarification Senate of the requirements governing parking spaces for persons with disabilities; provides clarification of the requirements governing special plates and placards to be used by persons with disabilities; and provides penalties for violations. ... 45 121 121 Amended in the Senate ...... 96

1321 Commerce Commerce COMMERCIAL TRANSACTIONS - Relating to commercial & Human & Human transactions to revise the list of activities that constitute a sale, Resources Resources loan or modification of a sale or loan; to revise a definition; to authorize the director of the Department of Finance to issue certain orders with respect to unconscionable agreements or conduct; and to strike a prohibition against imposition of certain statutory civil penalties in regard to unconscionable agreements or fraudulent or unconscionable conduct; and to provide for the relationship to other laws...... 45 --- 47

1322 Commerce Law REAL ESTATE - Defines terms; and to revise provisions & Human relating to individual primary licenses, reciprocal licenses, Resources license renewals, active and inactive license status, personal and office information changes, changes in licensed business relationships and the deposit of entrusted moneys...... 45 73 264

1323 Commerce Commerce INSURANCE - RATES - Provides that no insurer regulated & Human & Human pursuant to Title 41, Idaho Code, shall charge a higher Resources Resources premium or cancel a policy or coverage based primarily upon an individual's credit rating or credit history; and provides an exception for surety insurance contracts...... 46 --- 47

1324 Commerce Law INSURANCE PRODUCERS - Provides for insurance & Human producer compensation; and to provide that certain producer Resources fees shall not be considered premiums...... 46 88 265

1325 Judiciary Law AIRPLANES/AIRPORTS - WEAPONS - Provides that any & Rules person who attempts to enter or enters an airplane or sterile area of an airport while knowingly carrying a concealed or unconcealed weapon shall be guilty of a misdemeanor; provides that any person who attempts to enter or enters an airplane or sterile area in an airport with a willfully and intentionally concealed weapon with the intent to avoid its detection at the sterile area shall be guilty of a felony; to define "sterile area"; to provide exceptions; to provide search authority for airport personnel; to prohibit interference with certain personnel; and to provide legal immunity to airports in certain circumstances...... 48 121/251 264 Amended in the Senate ...... 96 Amended in the House (See House Journal) Concurred in House Amendments ...... 227 SENATE INDEX 347

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1326 Local Law LIENS - HOMEOWNER'S ASSOCIATIONS - Adds to Government existing law to provide for the recording and enforcement of & Taxation liens by homeowner's associations...... 48 77/251 264 Amended in the House (See House Journal) Concurred in House Amendments ...... 227

1327 State Law SCHOLARSHIPS - Amends existing law to increase the Affairs benefit amount for scholarship assistance to eligible students who are dependents of POW/MIAs...... 48 102 264

1328 Health & Health & PRESCRIPTION DRUGS - Requires a prescription drug Welfare Welfare information card to be provided by each insurer offering disability insurance policies or health benefit plans; to prescribe the format of the card; requires a penalty for noncompliance; and provides the date of applicability. ... 48 --- 49

1329 Health & Law VITAL STATISTICS - Provides that, for vital statistics law Welfare purposes, stillbirth shall be defined as a spontaneous fetal death of twenty completed weeks gestation or more based on a clinical estimate of gestation...... 50 95 264

1330 Judiciary Judiciary DIVORCE - CHILD CUSTODY - Amends existing law & Rules & Rules relating to divorce actions to revise certain factors to be considered by the court in providing direction for the custody, care and education of the children of the marriage...... 52 --- 54

1331 Judiciary Judiciary DRIVING UNDER THE INFLUENCE - MARIJUANA - & Rules & Rules Clarifies that it is unlawful for any person who is under the influence of marijuana to drive a motor vehicle...... 55 --- 59

1332 Judiciary Law AGRICULTURAL RESEARCH - INTERFERENCE - Adds & Rules to existing law to provide the crime of interference with agricultural research; to provide penalties; to define terms and to provide for restitution...... 55 104 264

1333 Resources & Law LIVESTOCK - GOATS - Amends existing law relating to the Environment compensation for damage to livestock by black bear and mountain lions to revise the definition of "livestock" to include goats...... 55 115 264 Reconsideration Vote ...... 118

1334 Local Local CITIES - ANNEXATION - Amends existing law to revise Government Government procedures for annexation of adjacent territory by cities; & Taxation & Taxation provides for voluntary and involuntary annexation; provides for hearings and objections; provides for elections; and provides for alternatives to annexation...... 55 --- 59

1335 Local Local CITIES - ANNEXATION - Amends, repeals and adds to Government Government existing law to provide procedures for annexation of certain & Taxation & Taxation classifications of lands by cities...... 55 --- 59

1336 Health & Law MEDICAL ASSISTANCE - QUALIFICATIONS - Amends Welfare existing law to further describe conditions which may disqualify an individual when assets are transferred to a spouse in order to qualify for medical assistance...... 60 122 264 Amended in the Senate ...... 97 348 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1337 Health & House Health PHARMACISTS - Amends existing law relating to the Idaho Welfare & Welfare State Board of Pharmacy to include pharmacists within the definition of "practitioners.” ...... 60 95 95

1338 Commerce Commerce DENTAL PROCEDURES - Provides for health benefit plan & Human & Human and health care contract coverage of certain anesthesia and Resources Resources hospital charges for dental procedures...... 60 --- 63

1339 Commerce Commerce RESOURCES REAL ESTATE - Amends existing law to & Human & Human provide that the commission of certain felonies may disqualify Resources Resources persons from licensure as a real estate broker...... 60 --- 63

1340 Commerce Law REAL ESTATE - Revises continuing education requirements & Human for licensees seeking renewal of licenses and changes of Resources licenses from inactive to active status...... 61 126 264

1341 Commerce Law INSURANCE PRODUCERS - Amends existing law relating & Human to insurance producer licensing to provide correct code Resources references; and to delete references to consultants and consulting services...... 61 127 264

1342 Commerce Law INSURANCE - Specifies which persons may, for a fee, offer & Human advice or other services regarding the benefits and Resources disadvantages of insurance policies...... 61 130 264

1343 Education Education TEACHERS - Amends existing law to provide that certificated employees of a school district in their first three years of employment in education may be employed on a special contract status as specified; and to provide the terms of the special contract status...... 64 --- 68

1344 Judiciary Law MURDER - EMBRYOS/FETUSES - Provides that murder & Rules includes the unlawful killing of a human embryo or fetus under certain conditions; provides that manslaughter includes the unlawful killing of a human embryo or fetus without malice; provides definitions; prohibits the prosecution of certain persons under certain conditions; and provides that a person commits aggravated battery when, in committing battery upon the person of a pregnant female, that person causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus...... 64 148 264

1345 Judiciary Judiciary JUVENILES - Provides that juveniles may be committed to & Rules & Rules the legal custody of the Department of Juvenile Corrections for a period of time not to exceed the juvenile's nineteenth birthday; provides that juveniles already in the physical custody of the department shall be subject to their original order and indeterminate sentence; and provides that juvenile offenders committed to secure facilities shall remain until the offender reaches the age of nineteen years or is released or discharged, whichever is earlier...... 64 --- 68

1346 Judiciary House THREATS - FALSE REPORTS - Repeals and adds to & Rules Judiciary, existing law to provide that certain conduct relating to threats, Rules, & false reports and hoaxes shall constitute a felony; and to Administration provide for punishment...... 65 141 141 Amended in the Senate ...... 127 SENATE INDEX 349

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

1347 Judiciary House DAMS/CANALS/ENERGY FACILITIES - Amends and adds & Rules Judiciary, to existing law to provide that certain injurious acts relating Rules, & to dams, canals, energy facilities and other structures are Administration unlawful; and to provide for punishment...... 65 141 141 Amended in the Senate ...... 127

1348 Judiciary Law TERRORISM - Amends and adds to existing law to provide & Rules that certain acts relating to terrorism are unlawful; and to provide for punishment...... 65 121 264

1349 Judiciary Law ELECTRONIC COMMUNICATION - Amends existing law & Rules to define terms; to provide references to electronic communications; and to revise provisions relating to the provision and interception of certain communication services; and to revise prohibitions relating to the interception of certain communication services...... 65 152 264 Amended in the Senate ...... 130

1350 Judiciary Judiciary DOMESTIC VIOLENCE - Provides a definition of family or & Rules & Rules household member; to provide application of domestic violence criminal statutes to family or a household member; to provide for a determination of who is the predominant physical aggressor in a domestic assault or battery; provides that a law enforcement officer may limit an arrest to only the predominant physical aggressor; and provides standards for determining the predominant physical aggressor...... 66 --- 68

1351 Judiciary Law DOMESTIC VIOLENCE - Amends existing law to revise & Rules terms relating to domestic violence...... 66 171 264 Amended in the Senate ...... 153

1352 Judiciary Judiciary TELECOMMUNICATIONS LINE/INSTRUMENT - & Rules & Rules DESTRUCTION - Adds to existing law to provide that the malicious destruction of a telecommunications line or instrument is a crime; and to provide penalties...... 66 --- 68

1353 Judiciary Judiciary TELEPHONE CALL - EMERGENCY - Adds to existing law & Rules & Rules to provide that the malicious interruption of an emergency telephone call is a crime; to provide penalties; and to provide a definition...... 66 --- 68

1354 Judiciary Law FORCIBLE PENETRATION - FOREIGN OBJECT - & Rules Provides that it shall be a felony for a person who, for the purpose of sexual arousal, gratification or abuse, causes sexual penetration by use of a foreign object where the victim is incapable, through unsoundness of mind, of giving legal consent or where the victim is prevented from resistance by an intoxicating, narcotic or anesthetic substance...... 66 186 265

1355 Judiciary Judiciary DOMESTIC VIOLENCE - Amends existing law to provide & Rules & Rules misdemeanor penalties for first offense of violation of a protection order; to provide felony penalties for subsequent violations; and to provide felony penalties when a violation of the protection order is combined with the commission of other specified crimes...... 67 --- 68 350 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1356 State Law SCHOLARSHIPS - Provides for scholarships for dependents Affairs of full-time or part-time peace officers, firefighters, paramedics, emergency medical technicians or first responders (public safety officers) in Idaho who have been killed or disabled in the line of duty; and provides eligibility; and to define "public safety officer.” ...... 67 158 264 Amended in the Senate ...... 96 Amended in the Senate ...... 134

1357 State Law DISASTERS - Amends existing law to prohibit a person from Affairs taking advantage of a declared state of emergency or disaster by selling or offering to sell fuel or food, medicine or another necessity at an exorbitant or excessive price...... 67 95 265

1358 State Law CIGARETTES - STAMPING - Adds to existing law relating Affairs to the Idaho Tobacco Master Settlement Agreement Act to impose the duty on cigarette distributors and stamping agents to distribute and stamp only cigarettes of tobacco product manufacturers that are in compliance with the Master Settlement Agreement; and to provide penalties...... 67 95 264

1359 Transportation Law LICENSE PLATES - WILDLIFE - Amends existing law to provide for three Idaho wildlife special license plates; and to designate the use of fees...... 70 112/262 265 Amended in the House (See House Journal) Amended in the House (See House Journal) Concurred in House Amendments ...... 255

1360 Transportation House MOTOR VEHICLES - SAFETY RESTRAINTS - Provides Transportation that it is a primary infraction offense for the operator of a & Defense motor vehicle to fail to ensure proper safety restraint use by child occupants under the age of fifteen years; provides that it is a secondary infraction offense punishable by a single fine of $25.00 for the operator of a motor vehicle to fail to ensure safety restraint use by all occupants of the vehicle; and provides an exception to safety restraint use for occupants of emergency vehicles, but not to include law enforcement officers under normal patrol conditions...... 70 152 152 Amended in the Senate ...... 131

1361 Transportation Law LICENSE PLATES - Provides for discontinuance of specified special license plate programs in accordance with specified conditions; and to establish an Idaho peace officer memorial license plate program...... 70 112 264

1362 Education Law SCHOOLS - Repeals existing law relating to the requirement that the Superintendent of Public Instruction shall print and supply blank forms and books to public school officers and teachers through the county superintendents...... 75 138 264

1363 Education Law STUDENTS - BORDER SCHOOL DISTRICTS - Amends existing law relating to public school students attending school in another state to delete language which is in conflict with the border district allowance as calculated pursuant to the provisions of the educational support program...... 75 138 264 SENATE INDEX 351

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1364 Judiciary Law CHECKS - DISHONORED - Amends existing law relating to & Rules dishonored checks to provide that written demand may be sent by regular mail supported by an affidavit; and to revise provisions for the notice of dishonor...... 76 156 264

1365 Judiciary Law SCANNERS/RE-ENCODERS - Prohibits the possession and & Rules use of scanning devices to read, or re-encoders to encode, the magnetic strip or stripe of a financial transaction card without the permission of the authorized user of the card and with the intent to defraud the authorized user, the issuer of the card or a merchant; and to provide for punishment...... 76 157 264

1366 Judiciary Judiciary THEFT - Amends existing law to provide for a felony & Rules & Rules punishment for any person who pleads guilty to or is found guilty of theft for a third time within five years...... 76 --- 77

1367 Judiciary Judiciary VICTIMS - PREGNANT - Provides for extended sentences & Rules & Rules for specified crimes against pregnant victims...... 76 --- 77

1368 State State NET ENERGY METERING - Provides, under Public Affairs Affairs Utilities Commission jurisdiction, a net energy metering program for customers of electric utilities or providers with renewable fuel electric generating facilities...... 76 --- 77

1369 State Law PUBLIC MEETINGS - Amends existing law to provide for Affairs the use by governing bodies of telecommunications devices; and to ensure public access to public meetings...... 76 115 264

1370 Judiciary Law STATE BAR LAWYER ASSISTANCE PROGRAM - & Rules Defines the "Idaho State Bar Lawyer Assistance Program"; provides that records and proceedings of the Lawyer's Assistance Program are not subject to subpoena or discovery and are not admissible as evidence; provides that certain persons associated with the Program may not be compelled to testify; provides that records regarding a participant shall be released only if a properly completed release form signed by the participant is submitted; and provides for protected action and communication for certain persons involved with the Lawyer's Assistance Program; and provides that records of the Lawyer's Assistance Program shall be exempt from disclosure under the Public Records Act...... 78 157 265

1371 Resources & Resources & FISH AND GAME COMMISSION - Relates to the Fish and Environment Environment Game Commission and deletes reference to acquisitions of land by condemnation; provides a procedure for the acquisition of tracts of land or interests in tracts of land in counties where fifty percent or more of the land located in the county is already held in public ownership...... 78 --- 80

1372 Resources & House OUTFITTERS AND GUIDES - Provides that the Outfitters Environment Resources & and Guides Licensing Board shall have the power to enter into Conservation cooperative agreements with county sheriffs to provide aid and assistance; and provides all enforcement agents appointed by the Outfitters and Guides Licensing Board shall have the power of peace officers limited to responding pursuant to cooperative agreements with county sheriffs...... 78 157 157 352 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1373 State State PUBLIC UTILITIES COMMISSION - INTERVENERS - Affairs Affairs Amends existing law relating to proceedings of the Public Utilities Commission to require notice of the opportunity to intervene; and to increase the maximum amount which may be awarded for costs of interveners...... 78 --- 80

1374 State House Ways ADMINISTRATIVE RULES - Provides for a thorough study Affairs & Means of all administrative rules promulgated by every agency, department, board, commission and office which promulgates rules; to direct the Legislative Council to appoint study committees in accordance with a schedule for review and reporting; to provide contents of the study; and to provide for reporting to the next convening legislature...... 78 197 197

1375 Local Law TAX APPEALS BOARD - DECISIONS - Provides that a Government final decision or order of the Board of Tax Appeals directing & Taxation a market value change for taxable property that is not further appealed shall be fixed for the current year appealed and there shall be no increase in value for the subsequent assessment year when no physical change occurs to the property; and provides that annual trending or equalization applied to all properties of a property class or category within the county or a clearly defined area shall still apply...... 78 125 264

1376 Resources & Resources & WOLVES - Provides for the effectivity and implementation Environment Environment of an Idaho Wolf Management Plan conditioned upon the availability of adequate continuous federal funds...... 82 --- 84

1377 Commerce Commerce LIENS - Amends and adds to existing law to require that & Human & Human copies of lien claims be delivered or mailed within five Resources Resources business days after filing of such lien claims; and to require that general contractors disclose certain information to owners and purchasers of residential real property...... 82 --- 84

1378 Commerce Law INSURERS - INVESTMENTS -MORTGAGE LOAN & Human LIMITATION - Relating to investments by insurers to Resources distinguish between mortgage loan limitation for commercial and residential property; and provides inclusion of real estate subject to a plan of development as a potential asset. .... 83 138 265

1379 Agricultural Law CARBON SEQUESTRATION - Provides for creation of the Affairs Carbon Sequestration Advisory Committee and the Assessment Fund; and provides for powers and duties of the chairman of the Soil Conservation Commission...... 83 135/239 265 Amended in the House (See House Journal) Concurred in House Amendments ...... 205

1380 Agricultural Law LIVESTOCK DISEASES - Adds to existing law relating to Affairs inspection and suppression of diseases among livestock; and to provide for deficiency warrants for disease control. ... 83 135 264

1381 Agricultural Agricultural FERTILIZERS - Adds to existing law to provide for Affairs Affairs educational information labeling for fertilizers...... 83 --- 84 SENATE INDEX 353

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1382 Health & Law CHILDREN'S TRUST FUND - Changes the name of the Welfare Children's Trust Account to the Children's Trust Fund; removes language that the fund be abolished; and provides for reports on the effectiveness of the board's activities in fostering the prevention of child abuse and neglect...... 83 141 264 Amended in the Senate ...... 127

1383 Education Law CHARTER SCHOOLS - Amends existing law to clarify application of laws concerning contracts, public documents and other miscellaneous provisions to charter schools and the board of directors of a charter school...... 86 138 264

1384 Education Law COMMUNITY COLLEGES - Amends existing law to provide that tuition at community colleges may be increased by increments of not more than ten percent per annum to a maximum of $1,250 per annum...... 86 126 264

1385 Judiciary Law LANDLORD/TENANT - Amends existing law to provide & Rules that a tenant may give notice in writing to a landlord that the tenant will vacate the premises...... 86 163 264

1386 Judiciary Law PRISONERS - FEES - Deletes the definition of "indigent & Rules prisoner"; to provide that when a prisoner seeks to file an action with partial payment of court fees, the prisoner shall file an affidavit of inability to pay all court fees at the time of the filing; to provide information to be contained in the affidavit; to provide procedures; to provide for payment of fees; to provide that in no event shall a prisoner be prohibited from bringing an action for reasons of no assets or means by which to pay the initial partial filing fee; and to provide that this act shall not be interpreted to create a liberty interest for prisoners entitling them to due process protection under the Idaho Constitution or the United States Constitution. .... 86 163 264

1387 Judiciary Died on LIENS - Provides that when an owner of land has authorized & Rules Senate construction, alterations, or improvements on his land, every Calendar person performing labor upon, or furnishing materials to be used, or any person who provides professional services, has a lien upon the property for the work or labor done or professional services or materials furnished for the construction, alterations or improvements regardless of the person's contractual relationship to the owner...... 86 --- 260

1388 Judiciary Law LAW PRACTICE - APPLICANTS - Amends existing law to & Rules provide for fingerprint-based criminal history checks for applicants for the practice of law...... 86 163 264

1389 Local Law FISH AND GAME COMMISSION - Authorizes the Fish and Government Game Commission to enter into agreements with cities, & Taxation counties, recreation districts, or other political subdivisions for the lease of lands or waters to cost-effectively provide recreational opportunities for taxpayers or residents of those local governments or political subdivisions...... 86 158 264 Amended in the Senate ...... 134 354 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1390 Local Law PARKS AND RECREATION BOARD - Authorizes the Government Parks and Recreation Board to expend moneys for leasing of & Taxation land; authorizes the board to cooperate with the United States and its agencies and local governments of the state for the purpose of leasing lands; authorizes the board to enter into leases or agreements with local governments for the operation and maintenance of outdoor recreational areas and facilities of the state; allows the board to apply to an appropriate agency or officer of the United States for participation by the Department of Parks and Recreation or a political subdivision of the state for federal aid; and authorizes the board to enter into agreements with cities, counties, recreation districts or other political subdivisions to provide recreational facilities, opportunities and services to the citizens of the state. .... 86 199 264 Amended in the Senate ...... 134 Amended in the Senate ...... 180

1391 Local Law CITIES - ANNEXATION - Amends, repeals and adds to Government existing law to provide procedures for annexation of certain & Taxation classifications of lands by cities...... 87 158/251 264 Amended in the Senate ...... 134 Amended in the House (See House Journal) Concurred in House Amendments ...... 227

1392 State State TELECOMMUNICATIONS - Provides that certain Affairs Affairs surcharges shall be imposed only on customers of mobile telecommunications services with a place of primary use in Idaho; and provides that all provisions of the federal Mobile Telecommunications Sourcing Act shall apply to the imposition of such surcharges...... 87 --- 91

1393 Health & Education SCHOOLS - PROPRIETARY - Exempts from the definition Welfare of proprietary school, for purposes of regulation by the Board of Education, a nonprofit institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization comprised of multi- denominational members of the same well-recognized religion, if certain factors occur...... 92 — 98

1394 Health & House TIRES - MOTOR VEHICLE - Provides for a fee on new Welfare Environmental motor vehicle tire sales; provides for acceptance of waste tires Affairs by sellers; provides for notice by sellers and for fee credits; and provides for the disposal of whole tires and chipped or shredded waste tires...... 92 199 199 Amended in the Senate ...... 180

1395 Transportation House MOTOR VEHICLE DEALERS - Amends and adds to Transportation existing law to provide continuing education requirements for & Defense licensure of vehicle dealers...... 92 158 158 Amended in the Senate ...... 134 SENATE INDEX 355

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1396 Transportation Law ABANDONED VEHICLES - Establishes an abandoned vehicle fee; to provide that filing a release of liability statement releases the former owner of a vehicle from liability for any motor vehicle infractions that occur subsequent to delivery; to revise the conditions which constitute presumption regarding abandonment; to provide presumption of liability of the last registered owner for a vehicle removed under extraordinary circumstances; to provide for the claiming of a vehicle; to provide for deposit of the abandoned vehicle fee to the Abandoned Vehicle Trust Account; to provide for claiming a portion of the excess proceeds from the sale of an abandoned vehicle; and to provide for distribution of the fee from the Trust Account to law enforcement, tow companies and the Idaho Transportation department. .... 92 142 265

1397 Transportation Transportation TIRES - STUDDED - Amends existing law to prohibit the use of studded tires between specified dates; to provide exceptions; to establish weight and protrusion standards for studs in tires; and to prohibit certain trade practices. .... 92 --- 98

1398 Transportation Transportation HIGHWAY DISTRICTS - Provides that an advertisement inviting bids for a highway district shall be published at least twice, either not less than one week apart, or in five daily issues in a newspaper of general circulation printed and published in the county or, if there is none, in a newspaper having general circulation in the district...... 92 — 98

1399 Transportation House HIGHWAYS/BRIDGES - Provides that expenditure for Transportation highway and bridge purposes does not include contracts for & Defense the performance of personal services to the district...... 93 145 145

1400 Transportation Law HIGHWAY DISTRICT COMMISSIONERS - Amends existing law to provide for alternative elections and terms of office for highway district commissioners...... 93 145 264

1401 Transportation Transportation EMINENT DOMAIN - Amends existing law to revise procedures and time frames for assessment of damages in eminent domain proceedings; and to provide that business records in eminent domain proceedings are confidential. .. 93 --- 98

1402 Commerce Law MOTOR VEHICLE SERVICE CONTRACTS - Removes & Human duties and responsibilities of the director of the Department Resources of Insurance for the review of examinations, receipt of notice of policy cancellations, and other record keeping requirements involving motor vehicle service contract providers...... 93 139 264

1403 Commerce Commerce PUBLIC EMPLOYEE RETIREMENT SYSTEM - Provides & Human & Human for a graduated increase in the amount of unused sick leave Resources Resources available for a retiree toward health insurance costs. .... 93 — 98

1404 Commerce Commerce PUBLIC SAFETY OFFICERS - Amends existing law to & Human & Human provide for the payment of death benefits to family members Resources Resources of firefighters, paramedics or emergency medical technicians who are killed in the performance of their duty...... 93 — 98 356 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1405 Commerce Commerce PUBLIC SAFETY OFFICERS - DEATH BENEFITS - & Human & Human Repeals and adds to existing law to provide for a death benefit Resources Resources payable to spouses and dependent children of certain public safety officers killed in the line of duty...... 93 --- 98

1406 Commerce Law MORTGAGE GUARANTY INSURANCE - Amends existing & Human law to revise the definition of authorized real property Resources security for mortgage guaranty insurance purposes...... 93 139 264

1407 Commerce Law COMMERCIAL TRANSACTIONS - Relating to commercial & Human transactions to revise the list of activities that constitute a sale, Resources loan or modification of a sale or loan; to revise a definition; to authorize the director of the Department of Finance to issue certain orders with respect to unconscionable agreements or fraudulent or unconscionable conduct; and to strike a prohibition against imposition of certain statutory civil penalties in regard to unconscionable agreements or fraudulent or unconscionable conduct; and to provide for the relationship to other laws...... 93 152 264

1408 Commerce Law INSURANCE RATES - Adds to existing law to provide that & Human no insurer regulated pursuant to Title 41, Idaho Code, shall Resources charge a higher premium or cancel a policy or coverage based primarily upon an individual's credit rating or credit history; to define "based primarily"; and to limit application to certain property or casualty insurance...... 94 159 264

1409 Agricultural Agricultural ALFALFA SEED - Prohibits the sale or delivery within Idaho Affairs Affairs of genetically modified alfalfa seed; to prohibit planting such seed; to provide an exception; to provide that the director of the Department of Agriculture shall approve designated research plots; and to define "genetically modified.” .... 94 --- 98

1410 Commerce Law CONSUMER CREDIT - Increases the maximum amount of & Human certain charges allowed in regulated consumer credit Resources transactions; and provides that parties may contract for delinquency charges on installments or payments not paid in full within ten days after the scheduled due date...... 94 159 264

1411 Education Law AMERICAN INDIAN LANGUAGE - Adds to existing law to provide for the authorization of American Indian language teachers...... 99 145 264

1412 Education Law STUDENTS - READING ASSESSMENT - Amends existing law to define the students who shall be included in calculations relating to the reading assessment...... 99 157 264

1413 Education Education SCHOOLS - Adds to existing law to specify requirements for instruction in natural resources in the public schools. .... 99 --- 108

1414 Education Law SCHOOL FOR THE DEAF AND THE BLIND - Authorizes the Board of Trustees of the Idaho School for the Deaf and the Blind to create a general fund contingency reserve; and specifies the use of the moneys...... 99 157 264 SENATE INDEX 357

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1415 Education Education TEACHERS - Provides that a teacher shall not be required to make up time spent at the annual delegate assembly meeting of the state teacher's association...... 99 --- 108

1416 Health & Health & COMPUTER MONITORS - Amends existing law relating to Welfare Welfare the Idaho Solid Waste Facilities Act to revise the definition of "special waste" to include computer monitors...... 100 --- 108

1417 Health & Law PRESCRIPTION BLANKS - Amends existing law to specify Welfare requirements for the form and content of prescription blanks; to require rulemaking; and to prescribe violations...... 100 140 265

1418 Health & Health & MASSAGE THERAPY - LICENSURE - Relating to the Welfare Welfare practice of massage therapy in Idaho; to define terms; to provide conditions when a license is required; to provide exemptions; to create a Board of Massage Therapy and to provide the powers and duties of the board; to provide for licensure; to provide for certificates of good standing for courses of instruction; to provide for disciplinary action; and to provide for enforcement and penalties...... 100 --- 108

1419 Health & House CHILD SUPPORT - PAYMENTS - Amends existing law to Welfare Judiciary, provide that in child support actions a court may credit Rules, & payments against the accrued support owing if certain Administration circumstances occur...... 100 148 148

1420 Health & Failed MOTOR FUEL - THEFT - Provides additional penalties for Welfare in the a person intentionally or willfully leaving the premises of an Senate establishment at which motor fuel is offered for retail sale without paying for the fuel; and to provide for suspension of driving privileges for nonpayment for motor fuels...... 100 157 157

1421 Judiciary Law DRIVING UNDER THE INFLUENCE - Provides references & Rules to combinations of intoxicating substances; and to provide that the fact a person charged with driving under the influence of a drug is legally entitled to use such drug shall not constitute a defense against certain charges...... 100 186 264

1422 State Law LOCAL GOVERNMENT - EMPLOYEES - Provides that Affairs certain public employees may retain their positions and receive compensation and benefits, despite being related to a subsequently elected local government official; to clarify that no property rights in the position are created; and to provide that the employee will continue to be subject to certain disciplinary actions...... 100 139 264

1423 State State DESSERT WINES - Provides for a dessert wine endorsement Affairs Affairs on a wine by the drink license, which entitles the licensee to purchase dessert wines from the State Liquor Dispensary for retail sale of dessert wines by the drink for consumption on the licensed premises only...... 100 — 108

1424 State Law SCHOOLS - REFUNDING BONDS - Amends existing law Affairs to authorize the pledge of state sales tax moneys for payment of refunding school bonds issued on and after March 1, 1999, for voter approved bonds which were voted upon by the electorate prior to March 1, 1999...... 100 148 264 358 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1425 Resources & Law WATER RIGHTS - DESCRIPTION - Amends existing law Environment relating to water right descriptions to define "digital boundary"; and to provide that certain land descriptions in licenses for the use of water for irrigation may be described using digital boundaries...... 101 223 264

1426 Resources & Resources & WATER - APPROPRIATIONS - Amends existing law Environment Environment relating to the appropriation of water to revise the criteria upon which the director of the Department of Water Resources may reject an application for appropriation of water and refuse issuance of a permit, partially approve and grant a permit for a smaller quantity of water than applied for, or grant a permit upon conditions...... 101 --- 108

1427 Resources & Resources & WATER - APPROPRIATION - Amends existing law relating Environment Environment to the appropriation of water to authorize the director of the Department of Water Resources to impose sanctions for certain actions...... 101 --- 108

1428 Resources & Resources & WATER QUALITY - TOTAL MAXIMUM DAILY LOADS Environment Environment Provides a process for the development of total maximum daily loads by the director of the Department of Environmental Quality; to clarify that designated rulemaking provisions do not apply to development of total maximum daily loads; to provide for annual reports to the Legislature; to provide for rejection of developed total daily maximum loads by concurrent resolution; to provide for the appeal of the director's decision; to provide for the integration of total maximum daily load processes into the state's water quality management plan; to delete reference to enforcement; to provide for the use of total maximum daily load processes by state and federal agencies; and to provide for the implementation of total maximum daily load processes. .. 101 --- 108

1429 Education Education SCHOOLS - NONCERTIFICATED EMPLOYEES - Adds to existing law to provide for annual employment notification for noncertificated employees...... 101 --- 108

1430 Education Education SCHOOLS - NONCERTIFICATED EMPLOYEES - Adds to existing law relating to public school noncertificated employees to provide a renewable contract under the terms specified, including evaluation, notification and probationary period...... 101 --- 108

1431 Education Law SCHOOL SAFETY AND HEALTH REVOLVING LOAN FUND - Amends existing law to extend conditions for applications to the School Safety and Health Revolving Loan and Grant Fund to include authority to draw upon the fund for grants for indebtedness incurred for the abatement of unsafe or unhealthy conditions; and to provide for the method for determination of present value...... 101 179 263 Amended in the Senate ...... 134

1432 Education Education SCHOOL DISTRICTS - BUILDINGS - Adds to existing law to require an allocation of funds by school districts for building maintenance; to create a fund; and to govern uses of the fund...... 101 --- 108 SENATE INDEX 359

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1433 Education Education SCHOOLS - BOND LEVY - Adds to and amends existing law to adopt the bond levy equalization support program for school facilities; to provide a method for computation of bond and bond interest levies; and to create the Bond Levy Equalization Fund for the purposes of the equalization. .. 101 --- 108

1434 Education Law SCHOOLS - SAFETY HAZARDS - Clarifies requirements for the abatement of unsafe or unhealthy conditions in school buildings; to define a serious safety hazard; to provide for a response to a serious safety hazard within the time specified and for an appeal of the finding; to authorize injunctive relief for failure to comply with a notice or order; and to provide for penalties for violations...... 102 152/251 263 Amended in the House (See House Journal) Concurred in House Amendments ...... 249

1435 Resources & Resources & MINIMUM STREAM FLOW - Amends existing law to allow Environment Environment the Water Resource Board to appoint a local rental committee to facilitate operation of the water supply bank within a river basin; and to provide for the use of the water supply bank to maintain the board's minimum stream flow water right. .. 106 --- 108

1436 Resources & Resources & MOTOR VEHICLES - OFF-ROAD - Amends existing law to Environment Environment provide a condition of eligibility for grant funds from the Off-road Motor Vehicle Account...... 106 --- 108

1437 Transportation Transportation COMMERCIAL VEHICLES - OPERATORS - Adds to existing law to make it unlawful to instruct, educate, or train any person in the operation of commercial motor vehicles without first establishing that such person is a citizen or lawful resident of the United States of America and without conducting a national records background check...... 106 --- 108

1438 Transportation Transportation MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT - Relating to the Multistate Highway Transportation Agreement to provide changes to the agreement; defining "cooperative committee"; clarifying representation on the cooperating committee, providing additional and revising existing powers of the committee; revising objections of the participating jurisdictions; providing a new Article IX on funding; and providing a new Article X on the selection of designated representatives...... 106 --- 108

1439 Transportation House COMMERCIAL VEHICLES - Amends existing law to Transportation provide that the maximum lawful speed limit on interstate & Defense highways shall not exceed sixty-five miles per hour for vehicles with five or more axles...... 106 196 196

1440 Transportation Transportation MOTOR VEHICLES - REGISTRATION - Amends existing law to provide a single registration fee for registration of vehicles in the weight classifications of 16,000 to 26,000 pounds maximum gross weight and 26,000 to 30,000 pounds maximum gross weight...... 107 --- 108 360 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1441 Transportation Transportation MOTOR VEHICLES - REGISTRATION - Provides a single registration fee for registration of motor vehicles of the same weight class beginning with the 30,000 to 40,000 pound maximum gross weight classification through the 50,000 to 60,000 pound maximum gross weight classification. .... 107 — 108

1442 Transportation Law LICENSE PLATES - Amends and adds to existing law to establish an Idaho Corvette license plate program...... 107 206 264 Amended in the Senate ...... 180

1443 Transportation House LICENSE PLATES - Creates an Idaho motorcycle safety Transportation program special license plate...... 107 197 197 & Defense Amended in the Senate ...... 171

1444 Transportation Law MOTOR VEHICLES - INSURANCE - Relating to casualty insurance contracts for insured motor vehicle operators who are sixty-five years of age or older to remove the restriction that there shall be no reduction in premiums for completion of a self-instructed motor vehicle accident prevention course, or any such course which does not provide for actual classroom or field driving instruction...... 107 196 265

1445 Local State LEGISLATIVE VACANCIES - Provides the method of Government Affairs calculating proportional representation of the legislative & Taxation district committee to make nominations to fill a vacancy. . 107 — 108

1446 State State POLITICAL ADS - Provides requirements for disclosures of Affairs Affairs paid political advertising advocating or opposing candidates or measures and for independent expenditures; and to clarify that persuasive poll requirements also apply to measures. . 109 — 113

1447 State State TELECOMMUNICATIONS - Relating to Affairs Affairs telecommunications regulation to revise the definition of "basic local exchange service" and to provide a definition of "wire center"; to authorize the Public Utilities Commission to cease regulating the price of business or residential basic local exchange service for all, or a portion of a local exchange area upon a showing that effective competition exists; to provide the conditions under which the PUC may find that effective competition exists; to provide authority for the PUC to review orders authorizing the cessation of pricing regulation and to negotiate or require such changes in pricing; and to provide that the PUC shall determine nondiscriminatory, noneconomic regulatory requirements that shall be applicable to all telephone corporations providing basic local exchange service or designated as an eligible telecommunications carrier. .. 110 --- 113

1448 State House DRUG PUSHER REGISTRATION - Provides for drug Affairs Judiciary, pusher registration and establish a central registry; to provide Rules, & a short title and statement of findings; to require notice of the Administration duty to register; to provide for release and expungement from the registry; to provide exceptions and penalties; to provide for public access to registry information; to provide penalties for vigilantism and other misuse of registry information; and to provide restrictions regarding applications for change of name of certain convicted drug pushers...... 110 171 171 Amended in the Senate ...... 153 SENATE INDEX 361

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1449 Judiciary Judiciary EMERGENCY VEHICLES - Amends existing law to revise & Rules & Rules and add rules of the road for motor vehicles being approached by emergency or police vehicles or for motor vehicles approaching stationary emergency or police vehicles. .... 118 --- 120

1450 Judiciary House APPELLATE PUBLIC DEFENDER - Provides that for & Rules Appropriations defendants sentenced in certain counties in capital cases, if the state appellate public defender obtains a new sentencing hearing in a postconviction proceeding or on appeal, the state appellate public defender shall continue to represent the capital defendant in a resentencing and shall be responsible for obtaining conflict counsel for postconviction following reimposition of a sentence...... 118 222 222 Amended in the Senate ...... 212

1451 Judiciary Law TELECOMMUNICATIONS LINE/INSTRUMENT - & Rules DESTRUCTION - Adds to existing law to provide that the intentional destruction of a telecommunications line or instrument is a crime; and to provide penalties...... 118 179/262 264 Amended in the House (See House Journal) Concurred in House Amendments ...... 255

1452 State Commerce PUBLIC EMPLOYEE RETIREMENT SYSTEM - Adds to Affairs & Human existing law to require that for retirees under the Public Resources Employee Retirement System, the rights to health insurance coverage shall be maintained for a surviving spouse after the death of the retiree...... 118 --- 120

1453 State Commerce PUBLIC EMPLOYEE RETIREMENT SYSTEM - Provides Affairs & Human that an active member who is vested may purchase up to Resources forty-eight months of membership service that does not qualify as past public service; to provide that an active member who is vested may purchase past service earned as a public employee in another state; to provide for proof of service; to provide for cost of the purchase and method of payment; and to provide that if the purchase has not completed purchase at the time of retirement, the first benefits from PERSI shall be applied to pay the amount due. .... 119 — 120

1454 State Law RESIDENTIAL PROPERTY - Amends and adds to existing Affairs law to provide that a copy of a claim of lien shall be personally delivered or mailed within a certain time; and to require that general contractors disclose certain information to owners and purchasers of residential property...... 119 159 264

1455 State Judiciary COMMERCE - INTERFERENCE - Defines terms; provides Affairs & Rules a misdemeanor crime and a felony crime of interference with commerce; provides penalties; provides application of federal labor relations statutes; and provides application of certain federal and state constitutional provisions...... 119 --- 120

1456 Finance Law APPROPRIATIONS - HUMAN RESOURCES DIVISION Appropriates $2,746,100 to the Office of the Governor for the Human Resources Division for FY 2003; limits the number of authorized full-time equivalent positions to 37...... 124 156 216 362 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1457 Finance Law APPROPRIATIONS - PUBLIC EMPLOYEE RETIREMENT SYSTEM - Appropriates $6,098,200 to the Office of the Governor for the Public Employee Retirement System for fiscal year 2003; provides legislative intent that moneys appropriated for the Portfolio Investment Program are for administrative costs of the program; and limits the number of authorized full-time equivalent positions to 63...... 124 156 216

1458 Judiciary Law LIENS - AGRICULTURAL COMMODITIES - Relating to & Rules agricultural commodity liens; to revise definitions; to provide for lien attachments; to extend the period of certain liens; to strike reference to certain criteria pursuant to which a lien can be extended; to extend the period for filing certain liens; and to provide that certain liens shall continue for a year. .... 124 206 264 Amended in the Senate ...... 181

1459 Judiciary Judiciary COURTS - Relating to criminal procedure to increase the & Rules & Rules period of time during which the court may suspend the execution of judgment to the custody of the State Board of Correction and retain jurisdiction over the prisoner; and to provide for those cases in which sentence has been imposed but suspended for the first two hundred forty days...... 124 — 128

1460 Judiciary Law JUVENILES - Provides that a juvenile may be committed to & Rules the legal custody of the Department of Juvenile Corrections for a period of time not to exceed the juvenile's nineteenth birthday unless the custody review board determines that extended time in custody is necessary to address competency development, accountability and community protection; to provide that no juvenile shall remain in the custody of the Department beyond the juvenile's twenty-first birthday; to provide that the Department shall adopt rules implementing the custody review board and operations and procedures of the board; and to provide that a juvenile offender committed to a secure facility shall remain until the offender reaches nineteen years of age or is retained for extended custody or is released or discharged...... 124 163 264

1461 State Law INFORMATION TECHNOLOGY MANAGEMENT Affairs RESOURCE COUNCIL - Amends existing law to revise the general powers and duties of the Information Technology Management Resource Council...... 124 163 264

1462 State Law VETERANS TRANSPORTATION FUND - Adds to existing Affairs law to provide legislative intent; and to create the Veterans Transportation Fund...... 125 197 264 Amended in the Senate ...... 172

1463 Finance Finance APPROPRIATIONS - DIVISION OF FINANCIAL MANAGEMENT - Appropriates $2,128,100 to the Office of the Governor for the Division of Financial Management for fiscal year 2003; and limits the number of full-time equivalent positions to 25...... 129 --- 144 SENATE INDEX 363

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1464 Finance Law APPROPRIATIONS - OFFICE OF THE GOVERNOR - Appropriates $2,074,300 to the Executive Office of the Governor for fiscal year 2003; and limits the number of full-time equivalent positions to 25...... 129 156 216

1465 Finance Law APPROPRIATIONS - LABOR DEPARTMENT - Appropriates $556,600 to the Department of Labor for fiscal year 2003; and limits the number of full-time equivalent positions to 8...... 129 156 216

1466 Finance Law APPROPRIATIONS - LIEUTENANT GOVERNOR - Appropriates $121,300 to the Office of the Lieutenant Governor for fiscal year 2003; provides intent that $1,000 may be used to assist in defraying expenses relating to the discharge of the Lieutenant Governor's official duties; and limits the number of authorized FTE positions to 2...... 130 156 216

1467 Health & Health & HAZARDOUS WASTE - FEES - Amends existing law to Welfare Welfare provide fees for manifested wastes; to provide fees for hazardous waste that has been treated to meet land disposal restriction requirements; and to provide fees for wastes containing PCBs and all other wastes...... 130 --- 132

1468 Judiciary House PREGNANT VICTIMS - Adds to existing law to provide for & Rules Judiciary, extended sentences for specified crimes against pregnant Rules, & victims...... 130 148 148 Administration

1469 State State ENGLISH LANGUAGE - Provides that English shall be the Affairs Affairs official language of the state of Idaho; to provide application; to provide exceptions; and to provide for rules of construction for English language in the laws of Idaho...... 137 — 142

1470 State Commerce FIRE CODE - COUNTIES - Amends existing law to Affairs & Human authorize the board of county commissioners to adopt Resources amendments to the Uniform Fire Code for events at county fairgrounds and other county facilities...... 137 --- 142

1471 Finance Law APPROPRIATIONS - Providing legislative intent regarding reduced state revenues; reducing the appropriations to the various state agencies, institutions and entities for fiscal year 2002; and directing a reduction in the transfer of funds to the Legislative Fund...... 143 159 216

1472 Judiciary Law MEDICAL ASSISTANCE - Amends existing law relating to & Rules medical assistance to require disclosure of a claim for medical expenses against a third party or entity; to provide the Department of Health and Welfare's entitlement to such reimbursement when medical assistance has been paid; and to provide reference to material omissions...... 146 222 265 Amended in the Senate ...... 180 Amended in the Senate ...... 212 364 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1473 Judiciary Education BOND LEVY EQUALIZATION SUPPORT PROGRAM - & Rules Revises the computation of bond and bond interest levies; to adopt a bond levy equalization support program; to create the Bond Levy Equalization Fund and specify purposes; to provide that the State Department of Education shall establish a value index for each school district; and to provide for criteria to be included in the value index calculation. .... 147 --- 150

1474 Judiciary Law BOND LEVY EQUALIZATION SUPPORT PROGRAM - & Rules Revises the computation of bond and bond interest levies; to adopt a bond levy equalization support program; to create the Bond Levy Equalization Fund and specify purposes; to provide that the State Department of Education shall establish a value index for each school district; and to provide for criteria to be included in the value index calculation. .... 147 185/262 263 Amended in the House (See House Journal) Concurred in House Amendments ...... 255

1475 Judiciary Education BOND LEVY EQUALIZATION SUPPORT PROGRAM - & Rules Revises the computation of bond and bond interest levies; to adopt a bond levy equalization support program; to create the Bond Levy Equalization Fund and specify purposes; to provide that the State Department of Education shall establish a value index for each school district; and to provide for criteria to be included in the value index calculation. .... 147 --- 150

1476 Judiciary Education SCHOOL DISTRICTS - BUILDING MAINTENANCE - & Rules Requires an allocation of funds by school districts for building maintenance; to create a fund; to provide a limit on the size of the fund; and to govern uses of the fund...... 147 --- 150

1477 State Law MOBILE WIRELESS SERVICE - Amends existing law to Affairs provide that certain surcharges shall be imposed only on customers of mobile wireless carriers with a place of primary use in Idaho; and to define "place of primary use.” .... 151 196 264

1478 State Law LIBRARY DISTRICTS - Relating to library districts; to Affairs provide an option for administrative-only districts which do not serve the public directly but maintain collections to contract with libraries; to provide for a library director team concept; and to provide miscellaneous amendments to election procedures, trustee zones, and management...... 151 206/262 264 Amended in the Senate ...... 180 Amended in the House (See House Journal) Concurred in House Amendments ...... 255

1479 Finance Law APPROPRIATIONS - INDUSTRIAL COMMISSION - Appropriates $13,116,100 to the Industrial Commission for fiscal year 2003; and limits the number of full-time equivalent positions to 136.5...... 161 186 264 SENATE INDEX 365

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1480 Finance Law APPROPRIATIONS - PARKS AND RECREATION DEPARTMENT - Appropriates $32,859,700 to the Department of Parks and Recreation for FY 2003; limits the authorized FTE positions to 158.25; reappropriates unexpended and unencumbered fund balances for the Capital Development Program; provides intent that all revenue generated from the operation of an Entrepreneurial Budget System be deposited in the Special Revenue Funds for the Department of Parks and Recreation; authorizes the State Controller to transfer $1,000,000 of the appropriation to the Park Land Trust Fund and specifies use for the moneys in the fund; directing the State Controller to transfer $150,000 to the Parks and Recreation Fund for FY 2003; providing intent with regard to the Billingsley Recreation/Research Facility; appropriates $1,123,500 to the Lava Hot Springs Foundation for FY 2003; and limits the number of full-time equivalent positions for the Lava Hot Springs Foundation to 10. .... 161 191 264

1481 Finance Law APPROPRIATIONS - COMMISSION ON AGING - Appropriates $10,902,100 to the Office of the Governor for the Commission on Aging for fiscal year 2003; and limits the number of full-time equivalent positions to 15...... 161 192 264

1482 Finance Law APPROPRIATIONS - LEGISLATIVE COUNCIL - Appropriates $5,584,900 to the Legislative Council for fiscal year 2003; and directs that the President Pro Tempore of the Senate and the Speaker of the House of Representatives direct the State Controller to reduce the funds transfer to the Legislative Fund for fiscal year 2003...... 162 192 264

1483 Judiciary State ADMINISTRATIVE RULES - Requires additional posting & Rules Affairs when agencies propose rulemaking that impacts the terms and conditions of employees of the agency...... 162 — 168

1484 Judiciary Health & MEDICAID - Governs the calculations of Medicaid & Rules Welfare reimbursements when Medicare coverage is provided due to a temporary change in a patient's condition...... 162 --- 168

1485 Judiciary Law SECONDARY SCHOOLS - CLOSURE - Provides that, in a & Rules proposed closure of public secondary schools thirty miles or more distant from another public secondary attendance school, only patrons resident in this attendance area shall be eligible to vote in an election regarding the closure, except for attendance units, or portions of them, created after January 1, 2002, in which case qualified school district electors throughout the school district shall be eligible to vote. ... 162 206 264

1486 Finance Law APPROPRIATIONS - ATTORNEY GENERAL - Appropriates $14,427,200 for FY 2003; specifies intent that $1,000 may be used to assist in defraying expenses relating to the discharge of the Attorney General's official duties; limits the number of FTE positions to 183.15; and provides intent regarding the Special Litigation Program...... 162 196 264 366 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1487 Finance Law APPROPRIATIONS - COLLEGES AND UNIVERSITIES - Appropriates $294,322,000 to the State Board of Education and the Board of Regents of the U of I for BSU, ISU, the U of I, Lewis-Clark State College, and the Office of the State Board of Education for FY 2003; provides intent that $75,000 of the amount appropriated be used by the Office of the State Board of Education for system-wide needs; provides intent that $1,600,000 be used for matching awards, research centers and infrastructure; provides intent that $1,750,000 be used for competitive technology grants, the Idaho electronic campus and for participation in the Governor's Association Virtual University; provides intent that $500,000 be used for teacher preparation activities; provides intent that $1,300,000 be used for the Governor's College and University Excellence Initiative; requires a tracking and reporting system for faculty, nonfaculty and classified staff turnover; and provides intent regarding moneys received from outside 169 196 264 sources......

1488 Finance Law APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - FAMILY AND COMMUNITY SERVICES DIVISION - Appropriates $147,898,900 to the Division of Family and Community Services for FY 2003; authorizes the State Controller to make transfers to the Cooperative Welfare Fund; reappropriates unexpended and unencumbered fund balances; authorizes expenditure of all receipts collected as noncognizable funds; provides intent that of the moneys appropriated, $100,000 be used to purchase radio/television ads targeted to adolescents; and provides intent regarding salary savings and outreach activities...... 177 197 264

1489 Finance Law APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - INDIRECT SUPPORT SERVICES - INDEPENDENT COMMISSIONS AND COUNCILS - Appropriates $31,069,600 for Indirect Support Services and $3,977,700 for Independent Commissions and Councils for FY 2003; specifies that the State Controller shall make transfers to the Cooperative Welfare Fund; reappropriates unexpended and unencumbered balances; authorizes the expenditure of all receipts collected as noncognizable funds; and limits the authorized FTE positions to 2,999.01. .... 177 198 264

1490 Finance Law APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MEDICAL ASSISTANCE SERVICES - Appropriates $857,756,500 to the Department of Health and Welfare for Medical Assistance Services for FY 2003; authorizes the State Controller to make transfers to the Cooperative Welfare Fund; reappropriates unexpended and unencumbered fund balances of the Fund; authorizes expenditure of all receipts collected as noncognizable funds; provides intent regarding the Children's Health Insurance Program; provides intent regarding adult dental services; provides intent regarding the Utilization Management pilot project; appropriates an additional $11,295,500 to the Department for Medical Assistance Services for FY 2002; and reduces the appropriation by $2,136,000 to the Department for Medical Assistance Services for fiscal year 2002. .... 178 198 264 SENATE INDEX 367

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1491 Finance Law APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - PUBLIC HEALTH SERVICES - Appropriates $52,305,900 to the Department of Health and Welfare for Public Health Services for FY 2003; authorizes the State Controller to make transfers to the Cooperative Welfare Fund; reappropriates unexpended and unencumbered fund balances of the Fund; authorizes expenditure of all receipts collected as noncognizable funds; provides intent regarding the appropriation of moneys from the Cancer Control Fund; and provides intent regarding personnel costs...... 178 198 264

1492 Finance Law APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - WELFARE DIVISION - Appropriates $122,769,200 to the Department of Health and Welfare for the Welfare Division for FY 2003; authorizes the State Controller to make transfers to the Cooperative Welfare Fund; reappropriates unexpended and unencumbered fund balances of the Fund; authorizes expenditure of all receipts collected as noncognizable funds; and provides intent regarding personnel costs and outreach efforts...... 178 198 264

1493 Finance Law APPROPRIATIONS - JUVENILE CORRECTIONS DEPARTMENT - Appropriates $44,898,200 to the Department of Juvenile Corrections for fiscal year 2003; and limits the number of full-time equivalent positions to 349. 178 199 264

1494 Finance Law APPROPRIATIONS - SPECIES CONSERVATION OFFICE Appropriates $2,765,900 to the Office of the Governor for the Office of Species Conservation for fiscal year 2003; and authorizes 6 full-time equivalent positions...... 178 199 264

1495 Judiciary Law THEFT - FINANCIAL TRANSACTION CARDS - Further & Rules defines grand theft to include the theft of checks, drafts or orders for payment upon banks, financial transaction cards, or the account numbers relating to such checks, drafts, orders for payment or financial transaction cards...... 178 207 264

1496 Judiciary Law DRIVING UNDER THE INFLUENCE - Relating to driving & Rules under the influence to extend the application of specified enhanced penalties to certain persons who have previously pled guilty to or been found guilty of one or more subsequent violations of designated statutory prohibitions relating to alcohol, drugs or any other intoxicants...... 178 207 264

1497 Judiciary Health & PUBLIC WRITINGS - Relating to public writings to further & Rules Welfare define "public official" to exclude nonexecutive employees of hospitals whose operations are funded primarily by patient care revenue; and to define "nonexecutive employee.” ... 178 --- 181

1498 State State ELECTIVE OFFICIALS - SALARIES - Amends existing law Affairs Affairs to provide that the salaries of elective officers shall be increased by specified amounts on the first Monday of January of the years specified...... 178 --- 181 368 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1499 State Law WOLF OVERSIGHT COMMITTEE - Extends the time in Affairs which the Department of Fish and Game is authorized to work in conjunction with the Wolf Oversight Committee in the development and implementation of a Management Plan. . 178 197 264

1500 Finance Law APPROPRIATIONS - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED - Appropriates $3,580,200 to the Office of the Governor for the Commission for the Blind and Visually Impaired for fiscal year 2003; and limits the number of full-time equivalent positions to 40.50...... 183 206 264

1501 Finance Law APPROPRIATIONS - PUBLIC HEALTH DISTRICTS - Appropriates $9,689,000 to the Public Health Trust Fund for fiscal year 2003; and appropriates an additional $90,800 to the Panhandle Health District for fiscal year 2003...... 183 207 264

1502 Finance Law APPROPRIATIONS - VOCATIONAL REHABILITATION Appropriates $17,693,300 to the State Board of Education for the Division of Vocational Rehabilitation for FY 2003; limits the number of full-time equivalent positions to 150...... 183 207 264

1503 Finance Law APPROPRIATIONS - STATE TREASURER - Appropriates $1,785,900 to the State Treasurer for FY 2003; provides that moneys assessed for State Treasurer banking services be placed in the Indirect Cost Recovery Fund and provides for transfers of moneys from the fund; requires a report on interest earnings and bank service fees; reappropriates unexpended and unencumbered fund balances; provides that $1,000 may be used to defray expenses resulting from the discharge of the Treasurer's official duties; and limits the number of full-time equivalent positions to 18...... 184 207 264

1504 Finance Law APPROPRIATIONS - STATE CONTROLLER - Appropriates $11,816,000 to the State Controller for FY 2003; provides intent regarding billing methodologies; provides intent regarding purchases or obligations involving information technology items; provides that $1,000 may be used to assist in defraying expenses relating to the discharge of the Controller's official duties; reappropriates any unexpended and unencumbered fund balances for nonrecurring expenditures; and limits the number of authorized FTE positions to 101.85...... 184 207 264

1505 State State IDAHO ELECTRICITY AUTHORITY - Provides for the Affairs Affairs creation of the Idaho Electricity Authority; to provide powers of the director of the authority; to provide regulations for the sale of power by the authority; to state conditions where the director can contract with someone other than the United States for power; to provide for conditions for the purchase of facilities by the authority; to provide for the approval of rates; to state criteria for the return on investment; to provide for contracting with public utilities; to provide for the procurement of power from public utilities; to establish an Idaho Electricity Authority Fund; to provide for regulation by the PUC; to limit application regarding service areas for publicly owned utilities; to provide for commencement and cessation of activities; and to provide for bonding...... 184 --- 187 SENATE INDEX 369

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1506 State Law SMALL EMPLOYER HEALTH REINSURANCE - Amends Affairs existing law relating to the small employer health reinsurance program to clarify that newborn dependents are not eligible for reinsurance unless a parent is already reinsured. .... 184 211 264

1507 Finance Law APPROPRIATIONS - IDAHO STATE POLICE - Appropriates $49,302,300 to the Idaho State Police for fiscal year 2003; and limits the number of full-time equivalent positions to 536.07...... 188 207 264

1508 Finance Law APPROPRIATIONS - ADMINISTRATION DEPARTMENT Appropriates $24,280,400 to the Department of Administration for fiscal year 2003; provides legislative intent regarding Capitol Mall Security; and limits the number of full-time equivalent positions to 173.60...... 188 208 264

1509 Finance Law APPROPRIATIONS - IDAHO STATE LOTTERY - Appropriates $10,520,100 to the Idaho State Lottery in the Department of Self-Governing Agencies for FY 2003; limits the authorized FTE positions to 47; provides intent that amounts necessary to pay prizes, retailer commissions, advertising and promotional costs shall be continuously appropriated; and provides an allotment of $60,000 to the Office of Performance Evaluations to finance a study on the effects of casino gambling in Idaho...... 189 208 264

1510 Finance Law APPROPRIATIONS - TRANSPORTATION DEPARTMENT - Appropriates $430,987,500 to the Idaho Transportation Department for FY 2003; limits the number of FTE positions to 1,838; provides intent that all moneys transferred to the Local Bridge Inspection Fund and Railroad Grade Crossing Protection Fund be continuously appropriated; authorizes a transfer of funds to the Aeronautics Fund; provides for a transfer of funds for airport development grants; reappropriates certain unexpended and unencumbered balances for the Contract Construction and Right-of-Way Acquisition Program; reappropriates certain unexpended and unencumbered balances to the ITD; and reappropriates certain unexpended and unencumbered balances for airport development grants...... 189 208 264

1511 Finance Law APPROPRIATIONS - HEALTH EDUCATION PROGRAMS - STATE BOARD OF EDUCATION - Appropriates $7,438,600 to the State Board of Education and the Board of Regents of the U of I for Health Education Programs including the WOI Veterinary Education Program, WWAMI Medical Education Program, Idaho Dental Education Program, WICHE and University of Utah Medical Education Program, and the Family Practice Residency Program for FY 2003; limits the number of FTE positions to 20.39; and reappropriates any unexpended and unencumbered fund balances for nonrecurring expenditures...... 189 208 265 370 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1512 Finance Law APPROPRIATIONS - DEPARTMENT OF FISH AND GAME - Appropriates $68,010,300 to the Department of Fish and Game for FY 2003; limits the number of FTE positions to 518; and provides intent regarding funding for the Tex Creek/Willow Creek Pilot Project...... 189 208 264

1513 Finance Law APPROPRIATIONS - PUBLIC WORKS PROJECTS - Appropriates $17,663,800 to the Division of Public Works for specified projects; provides intent regarding expenditure of moneys by the Division of Public Works; exempts the appropriations from certain provisions of the Idaho Code; and directs the State Treasurer to issue tax anticipation notes. . 189 208 264

1514 Finance Law APPROPRIATIONS - SELF-GOVERNING AGENCIES - Appropriates $363,300 to the general boards in the Department of Self-Governing Agencies for FY 2003; appropriates $3,218,400 to the medical boards in the Department of Self-Governing Agencies; appropriates $3,961,400 to the regulatory boards in the Department of Self-Governing Agencies; and limits the number of FTE positions in each of the regulatory boards...... 189 209 264

1515 Finance Law APPROPRIATIONS - PERMANENT BUILDING FUND - Amends the fiscal year 2002 appropriation to the Permanent Building Fund to eliminate the appropriation for the Pocatello Women's Correctional Center; and to provide an appropriation for a community work center in Boise. .... 189 209 264

1516 State House BOND BANK AUTHORITY - COLLEGES/UNIVERSITIES Affairs State Amends existing law to provide that a state university, state Affairs college or state professional-technical school shall be defined as a municipality for purposes of participating in the Idaho bond bank authority...... 195 211 211

1517 Finance Law BUDGET - GENERAL FUND - Stating findings of the Legislature regarding the 2003 budget; transferring $26,700,000 from the Budget Stabilization Fund to the General Fund; transferring $7,000,000 from the Permanent Building Fund to the General Fund; directing the deposit of $10,000,000 from the Master Tobacco Settlement Agreement to the General Fund; and transferring $6,400,000 from the Capitol Endowment Income Fund to the General Fund. .. 201 220 264

1518 Finance House APPROPRIATION - Appropriates moneys to the Legislative Appropriations Account from the State Lottery Fund for retaining a consultant to study and report to the Legislature on the economic and social effects of gambling and gaming. .... 201 220 220

1519 Judiciary Law FETUS/EMBRYO KILLED - PROSECUTION - Amends & Rules existing law to prohibit the prosecution of certain persons when an embryo or fetus is killed; and to clarify when the prosecution of certain persons is prohibited...... 205 221 264

1520 State State RIGHTS-OF-WAY - Amends existing law relating to Affairs Affairs federally-granted rights-of-way to provide a procedure for a board of county commissioners to determine the status and regulation of a federally-granted right-of-way...... 205 --- 215 SENATE INDEX 371

Senate Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 1521 Finance Law APPROPRIATIONS - STATE LIBRARY BOARD - Appropriates $3,632,300 to the State Board of Education for the State Library Board for fiscal year 2003; and limits the number of authorized full-time equivalent positions to 43. . 217 222 264

1522 Finance Law APPROPRIATIONS - EDUCATION DEPARTMENT - Appropriates $131,091,000 to the Superintendent of Public Instruction/State Department of Education for FY 2003; limits the number of FTE positions to 116; provides intent that $1,000 may be used to assist in defraying expenses relating to the discharge of the Superintendent's official duties; appropriates an additional $3,500,000 to the Superintendent of Public Instruction/ Department of Education for FY 2002; and reappropriates certain unexpended and unencumbered fund balances...... 220 229 264

1523 Finance Law APPROPRIATIONS - CAPITOL COMMISSION - Appropriates $234,800 to the Department of Administration for the Capitol Commission for FY 2003; and reappropriates the unexpended and unencumbered fund balance...... 221 229 264

1524 Finance Law APPROPRIATIONS - PROFESSIONAL-TECHNICAL EDUCATION - Appropriates $51,049,800 to the State Board for Professional-Technical Education for the Division of Professional-Technical Education for fiscal year 2003. ... 221 229 264

1525 Finance Law APPROPRIATIONS - PUBLIC BROADCASTING - Appropriates $2,734,300 to the Board of Education for the Idaho Educational Public Broadcasting System for FY 2003; limits the number of authorized FTE positions to 35; and provides intent with regard to digital broadcasting...... 221 230 264

1526 Finance Law APPROPRIATIONS - TAX APPEALS BOARD - Appropriates $321,300 to the State Board of Tax Appeals in the Department of Revenue and Taxation for FY 2003; and limits the number of full-time equivalent positions to 4. .. 221 230 264

1527 Finance Law APPROPRIATIONS - STATE TAX COMMISSION - Appropriates $28,847,700 to the State Tax Commission in the Department of Revenue and Taxation for FY 2003; limits the number of full-time equivalent positions to 412...... 221 230 264

1528 Finance Law APPROPRIATIONS - IDAHO SCHOOL FOR THE DEAF AND THE BLIND - Appropriates $7,468,700 to the State Board of Education for the Idaho School for the Deaf and the Blind for fiscal year 2003; limits the number of full-time equivalent positions to 121.52; reappropriates unexpended and unencumbered balances; and authorizes the deposit of certain funds in a contingency reserve fund...... 221 230 264

1529 State Law ELECTED OFFICIALS - SALARY - Amends existing law Affairs to provide salaries for the governor, lieutenant governor, secretary of state, state controller, attorney general, state treasurer, and superintendent of public instruction for the period January 2002 to January 2007...... 221 232 264 372 SENATE INDEX

SECTION VI

SENATE JOINT RESOLUTIONS

Senate Intro- Senate Final Joint Introduced Final Subject duction Vote Disp. Resolution By Action Matter Page Page Page

102 State State STATE LANDS - Proposes an amendment to the Idaho Affairs Affairs Constitution to provide that the State Board of Land Commissioners shall manage state lands in accordance with state statutes governing local land use planning...... 40 --- 42

103 Education Education SCHOOLS - INDEBTEDNESS - ELECTION - Proposing an amendment to the Idaho Constitution to provide that a school district may incur indebtedness with the assent of two-thirds of the qualified electors or, alternatively, with the assent of no less than sixty percent of the qualified electors of the school district voting at an election held for that purpose if the election is held on a date in November as provided by law. 98 --- 206 Amended in the Senate ...... 171

104 State State MILLENNIUM INCOME FUND - EXPENDITURES - Affairs Affairs Proposing an amendment to the Idaho Constitution to create, in the state treasury, the Idaho Millennium Income Fund, which shall consist of the corpus of the Idaho Millennium Fund, such moneys that may be provided by legislative appropriations and from any other source; to provide that the Fund may have its moneys invested in United States, state, county, city, village or school district bonds or state warrants or other investments in which a trustee is authorized to invest pursuant to state law, and shall retain its own earnings; and to provide that any moneys expended from the Fund may only be made as provided by law and shall only be from the earnings on investment of moneys in the fund...... 108 --- 217

105 State House State BOND BANK AUTHORITY - Proposes an amendment to Affairs Affairs the Idaho Constitution to provide that a state university, college or professional- technical school shall be defined as a municipality for purposes of participating in the municipal bond bank authority...... 193 210 210

106 State House State MILLENNIUM INCOME FUND - EXPENDITURES - Affairs Affairs Proposing an amendment to the Idaho Constitution to create, in the state treasury, the Idaho Millennium Fund; to provide that the fund shall consist of certain specified moneys; to provide that the Fund may have its moneys invested as provided in Section 11, Article IX of the Idaho Constitution; to provide that any expenditures of moneys from the Fund shall only be made as provided by law...... 214 222 222 SENATE INDEX 373

SECTION VII

SENATE JOINT MEMORIALS

Senate Intro- Senate Final Joint Introduced Final Subject duction Vote Disp. Memorial By Action Matter Page Page Page

110 Judiciary Adopted U.S. COURTS - IDAHO DISTRICT - Urging the Congress & Rules of the United States to authorize an additional United States District Court Judge and commensurate staff for the District of Idaho to assist in handling current and anticipated caseloads in the District of Idaho...... 51 60 160

111 Transportation Failed in STUDENT PILOTS - IDENTIFICATION - Urging the Senate Congress of the United States and the Federal Aviation Administration to require flight instructors, airport operators and those who rent aircraft to require positive proof of identification and background checks on all persons seeking pilot training or seeking to rent aircraft...... 105 143 143

112 State Adopted INSURANCE - TERRORIST ACTIVITIES - Stating findings Affairs of the Legislature and recommending United States congressional action regarding terrorism insurance...... 116 123 237

113 Resources & House CANADIAN LUMBER - Requesting that President Bush Environment Resources & direct the Office of the U.S. Trade Representative and the Conservation Secretary of Commerce to make the problem of subsidized Canadian lumber imports a top priority and to take every possible action to end Canadian lumber subsidy practices and to offset subsidies pending reform; and to request that if Canada will not reach an agreement, the U.S. government should enforce trade laws, explore all options to stop unfairly traded imports, and require payment of damages...... 192 204 204

114 State Adopted BASQUE HOMELAND - Stating findings of the Legislature Affairs and calling for the immediate cessation of all violence occurring in and near the Basque homeland; and to request that a peace process be undertaken...... 214 223 260

************************************

SECTION VIII

SENATE RESOLUTIONS

Intro- Senate Final Senate Introduced Final Subject duction Vote Disp. Resolution By Action Matter Page Page Page

103 State Adopted SENATE ATTACHES - COMPENSATION - Provides for Affairs compensation for the Senate attaches...... 29 32 32

104 Education Adopted READ ACROSS IDAHO DAY - Stating findings of the Legislature and declaring March 1, 2002, as "Read Across Idaho Day" and encouraging parents, educators and other adults to make reading to children a priority...... 104 169 169 374 SENATE INDEX

SECTION X

SENATE CONCURRENT RESOLUTIONS

Senate Intro- Senate Final Concurrent Introduced Final Subject duction Vote Disp. Resolution By Action Matter Page Page Page

119 Schroeder Resources & PHEASANT STOCKING -Directing the Department of Fish Environment and Game to provide data regarding documented effects to pheasant population as a result of pheasant stocking, with the exception of wildlife preserve areas; authorizing the Department, with the exception of Wildlife Management Areas, to cease stocking of pheasants; and encouraging the Department to engage more effectively with private landowners in providing advice and incentives for improvement and retention of habitat...... 34 --- 39

120 Health & Adopted ADMINISTRATIVE RULES - Stating findings of the Welfare Legislature and rejecting rules of the Department of Health and Welfare dealing with the construction and operation of public swimming pools...... 62 81 237

121 State Adopted VETERANS CEMETERY - Stating findings of the Affairs Legislature; reviewing previous commitments of the Legislature concerning the necessity of developing a veterans cemetery in Idaho; and urging that the necessary steps be taken to make the cemetery a reality...... 62 82 225

122 Resources & Resources & WOLVES - Stating findings of the Legislature and approving Environment Environment the Idaho Wolf Conservation and Management Plan. .... 79 --- 85

123 State Adopted LEWIS AND CLARK - Stating findings of the Legislature Affairs and recognizing the service and accomplishments of Meriwether Lewis and William Clark...... 84 99 225

124 Commerce Adopted IDAHO PUBLIC EMPLOYEES - Stating findings of the & Human Legislature regarding the dedicated corps of state employees Resources and designating May 7 through 11 as "Idaho Public Employee Recognition Week." ...... 90 109 225

125 Agricultural Adopted ADMINISTRATIVE RULES - Stating findings of the Affairs Legislature and approving and extending the rules of the Department of Agriculture regarding crop residue disposal, with exceptions...... 90 109 175

126 Agricultural Adopted ADMINISTRATIVE RULES - Stating findings of the Affairs Legislature; and rejecting pending rules of the Idaho Department of Agriculture relating to animal industry. ... 91 109 175

127 Education House EDUCATION ACHIEVEMENT STANDARDS - Ways & Authorizing the Legislative Council to appoint a committee to Means undertake and complete a study of all laws, rules, procedures, and practices that hinder the success of teachers and students from achieving education achievement standards...... 97 114 114

128 Resources & Resources & MINIMUM STREAMFLOWS - Stating findings of the Environment Environment Legislature; and approving an application to appropriate water for minimum streamflow on the Lemhi River from diversion L-6 to the mouth of the Lemhi River...... 104 --- 108 SENATE INDEX 375

Senate Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

129 Resources & Resources & MINIMUM STREAMFLOW - Approving an application to Environment Environment appropriate water for minimum streamflow on sections of the Clearwater River...... 105 --- 108

130 State Adopted ADMINISTRATIVE RULES - TEMPORARY - Stating Affairs findings of the Legislature and approving and extending the temporary state agency rules that otherwise would expire at the end of the legislative session, with an exception. .... 149 161 237

131 State Adopted ADMINISTRATIVE RULES - FEES - Approving agency Affairs administrative rules submitted for review which impose fees or charges, with an exception; and rejecting fee rules that were not reviewed and approved...... 149 161 248

132 Judiciary Adopted COEUR D'ALENE BASIN - Regarding Idaho's interests in & Rules the clean-up plan for the Coeur d'Alene Basin; and supporting efforts of the executive branch to secure and implement a final plan that builds the local economy and protects human health and the environment...... 160 177 237

133 State Resources & WOLF CONSERVATION/MANAGEMENT PLAN - Affairs Environment Approving, conditioned upon amendment, the Idaho Wolf Conservation and Management Plan...... 165 --- 175

134 State Adopted WOLF CONSERVATION/MANAGEMENT PLAN - Stating Affairs findings of the Legislature and approving, conditioned upon amendment, the Idaho Wolf Conservation and Management Plan...... 172 188 263 376 SENATE INDEX

SECTION XI ACTION OF THE GOVERNOR ON ALL SENATE BILLS WHICH PASSED BOTH THE SENATE AND HOUSE WITH THE EFFECTIVE DATE AND SESSION LAW CHAPTER NUMBER CITED

Session Date Senate Laws Signed By Effective Bill No. Chapter No. Introduced By Governor Date

1276, aa 180 Transportation 03-21-02 07-01-02 1277 181 Transportation 03-21-02 07-01-02 1278, aaH 182 Judiciary and Rules 03-21-02 01-01-02 1279 183 Judiciary and Rules 03-21-02 07-01-02 1281 184 Judiciary and Rules 03-21-02 07-01-02 1282 185 Judiciary and Rules 03-21-02 07-01-02 1283 186 Judiciary and Rules 03-21-02 07-01-02 1284 187 Judiciary and Rules 03-21-02 07-01-02 1285 188 Judiciary and Rules 03-21-02 07-01-02 1286 189 Judiciary and Rules 03-21-02 07-01-02 1288, aa 190 Commerce and Human Resources 03-21-02 07-01-02 1289, aa 328 Commerce and Human Resources 03-27-02 01-01-03 1290 45 Commerce and Human Resources 02-26-02 02-26-02 1292 2 Finance 02-05-02 02-05-02 1293 3 Finance 02-05-02 02-05-02 1294 191 Health and Welfare 03-21-02 07-01-02 1295 192 Judiciary and Rules 03-21-02 03-21-02 1301 4 Finance 02-05-02 02-05-02 1302, aa 212 Schroeder 03-22-02 01-01-02 1303 46 Commerce and Human Resources 02-26-02 02-26-02 1308 213 Judiciary and Rules 03-22-02 07-01-02 1311 11 Finance 02-07-02 07-01-02 1312, aa 214 Judiciary and Rules 03-22-02 03-01-02 1313 215 Judiciary and Rules 03-22-02 07-01-02 1314 216 Judiciary and Rules 03-22-02 07-01-02 1315 217 Judiciary and Rules 03-22-02 07-01-02 1316 218 Judiciary and Rules 03-22-02 07-01-02 1318 219 Health and Welfare 03-22-02 07-01-02 1319 329 Health and Welfare 03-27-02 07-01-02 with rule promulgation stipulated by: 01-01-03 Sunset Clause: 01-01-08 1322 220 Commerce and Human Resources 03-22-02 07-01-02 1324 359 Commerce and Human Resources 03-27-02 07-01-02 1325, aa, aaH 221 Judiciary and Rules 03-22-02 03-22-02 1326, aaH 275 Local Government and Taxation 03-26-02 07-01-02 1327 276 State Affairs 03-26-02 07-01-02 1329 277 Health and Welfare 03-26-02 07-01-02 1332 263 Judiciary and Rules 03-25-02 07-01-02 1333 278 Resources and Environment 03-26-02 01-01-01 1336, aa 279 Health and Welfare 03-26-02 07-01-02 1340 280 Commerce and Human Resources 03-26-02 07-01-02 1341 281 Commerce and Human Resources 03-26-02 07-01-02 1342 282 Commerce and Human Resources 03-26-02 07-01-02 1344 330 Judiciary and Rules 03-27-02 07-01-02 1348 222 Judiciary and Rules 03-22-02 07-01-02 SENATE INDEX 377

Session Date Senate Laws Signed By Effective Bill No. Chapter No. Introduced By Governor Date

1349, aa 223 Judiciary and Rules 03-22-02 07-01-02 1351, aa 331 Judiciary and Rules 03-27-02 07-01-02 1354 360 Judiciary and Rules 03-27-02 07-01-02 1356, aa, aa 283 State Affairs 03-26-02 07-01-02 1357 361 State Affairs 03-27-02 03-27-02 1358 284 State Affairs 03-26-02 07-01-02 1359, aaH, aaH 362 Transportation 03-27-02 01-01-03 1361 285 Transportation 03-26-02 Section 2: 07-01-02 Sections 1 & 3: 01-01-02 1362 286 Education 03-26-02 07-01-02 1363 287 Education 03-26-02 07-01-02 1364 288 Judiciary and Rules 03-26-02 07-01-02 1365 289 Judiciary and Rules 03-26-02 07-01-02 1369 290 State Affairs 03-26-02 07-01-02 1370 363 Judiciary and Rules 03-27-02 07-01-02 1375 332 Local Government and Taxation 03-27-02 01-01-02 1378 364 Commerce and Human Resources 03-27-02 07-01-02 1379, aaH 365 Agricultural Affairs 03-27-02 07-01-02 1380 291 Agricultural Affairs 03-26-02 07-01-02 1382, aa 292 Health and Welfare 03-26-02 07-01-02 1383 293 Education 03-26-02 07-01-02 1384 294 Education 03-26-02 03-26-02 1385 295 Judiciary and Rules 03-26-02 07-01-02 1386 296 Judiciary and Rules 03-26-02 07-01-02 1388 297 Judiciary and Rules 03-26-02 07-01-02 1389, aa 224 Local Government and Taxation 03-22-02 07-01-02 1390, aa, aa 225 Local Government and Taxation 03-22-02 07-01-02 1391, aa, aaH 333 Local Government and Taxation 03-27-02 07-01-02 1396 366 Transportation 03-27-02 07-01-02 1400 298 Transportation 03-26-02 07-01-02 1402 299 Commerce and Human Resources 03-26-02 07-01-02 1406 300 Commerce and Human Resources 03-26-02 07-01-02 1407 301 Commerce and Human Resources 03-26-02 07-01-02 1408 264 Commerce and Human Resources 03-25-02 01-01-03 1410 302 Commerce and Human Resources 03-26-02 07-01-02 1411 265 Education 03-25-02 07-01-02 1412 303 Education 03-26-02 07-01-02 1414 334 Education 03-27-02 03-27-02 1417 367 Health and Welfare 03-27-02 03-27-02 1421 253 Judiciary and Rules 03-22-02 07-01-02 1422 304 State Affairs 03-26-02 03-26-02 1424 305 State Affairs 03-26-02 03-26-02 1425 306 Resources and Environment 03-26-02 07-01-02 1431, aa 157 Education 03-21-02 03-21-02 1434, aaH 158 Education 03-21-02 07-01-02 1442, aa 226 Transportation 03-22-02 01-01-03 1444 368 Transportation 03-27-02 07-01-02 1451, aaH 227 Judiciary and Rules 03-22-02 07-01-02 1454 307 State Affairs 03-26-02 07-01-02 1456 63 Finance 03-11-02 07-01-02 378 SENATE INDEX

Session Date Senate Laws Signed By Effective Bill No. Chapter No. Introduced By Governor Date

1457 64 Finance 03-11-02 07-01-02 1458, aa 308 Judiciary and Rules 03-26-02 07-01-02 1460 309 Judiciary and Rules 03-26-02 01-01-03 1461 310 State Affairs 03-26-02 07-01-02 1462, aa 228 State Affairs 03-22-02 07-01-02 1464 65 Finance 03-11-02 07-01-02 1465 66 Finance 03-11-02 07-01-02 1466 67 Finance 03-11-02 07-01-02 1471 68 Finance 03-11-02 03-11-02 1472, aa, aa 369 Judiciary and Rules 03-27-02 07-01-02 1474, aaH 159 Judiciary and Rules 03-21-02 07-01-02 1477 311 State Affairs 03-26-02 07-01-02 1478, aa, aaH 312 State Affairs 03-26-02 07-01-02 1479 313 Finance 03-26-02 07-01-02 1480 314 Finance 03-26-02 07-01-02 1481 315 Finance 03-26-02 07-01-02 1482 316 Finance 03-26-02 07-01-02 1485 317 Judiciary and Rules 03-26-02 01-01-02 1486 229 Finance 03-22-02 07-01-02 1487 318 Finance 03-26-02 07-01-02 1488 319 Finance 03-26-02 07-01-02 1489 320 Finance 03-26-02 07-01-02 1490 321 Finance 03-26-02 Sections 6, 9, 10: 03-26-02 All others: 07-01-02 1491 322 Finance 03-26-02 07-01-02 1492 323 Finance 03-26-02 Section 7: 03-26-02 All Others: 07-01-02 1493 324 Finance 03-26-02 07-01-02 1494 325 Finance 03-26-02 07-01-02 1495 326 Judiciary and Rules 03-26-02 07-01-02 1496 335 Judiciary and Rules 03-27-02 07-01-02 1499 327 State Affairs 03-26-02 07-01-02 1500 193 Finance 03-21-02 07-01-02 1501 194 Finance 03-21-02 07-01-02 1502 195 Finance 03-21-02 07-01-02 1503 196 Finance 03-21-02 07-01-02 1504 336 Finance 03-27-02 07-01-02 1506 197 State Affairs 03-21-02 07-01-00 1507 198 Finance 03-21-02 07-01-02 1508 199 Finance 03-21-02 07-01-02 1509 200 Finance 03-21-02 Section 4: 03-21-02 All others: 07-01-02 1510 201 Finance 03-21-02 07-01-02 1511 370 Finance 03-27-02 07-01-02 1512 230 Finance 03-22-02 07-01-02 1513 202 Finance 03-21-02 03-21-02 1514 203 Finance 03-21-02 07-01-02 1515 204 Finance 03-21-02 03-21-02 1517 205 Finance 03-21-02 07-01-02 1519 337 Judiciary and Rules 03-27-02 07-01-02 SENATE INDEX 379

Session Date Senate Laws Signed By Effective Bill No. Chapter No. Introduced By Governor Date

1521 206 Finance 03-21-02 07-01-02 1522 338 Finance 03-27-02 Section 4: 03-27-02 All others: 07-01-02 1523 207 Finance 03-21-02 07-01-02 1524 208 Finance 03-21-02 07-01-02 1525 209 Finance 03-21-02 07-01-02 1526 210 Finance 03-21-02 07-01-02 1527 211 Finance 03-21-02 07-01-02 1528 339 Finance 03-27-02 07-01-02 1529 340 State Affairs 03-27-02 07-01-02

VETOES: No Senate Bills were vetoed by the Governor this Session 380 SENATE INDEX

SECTION XII

NUMERICAL INDEX OF HOUSE BILLS RECEIVED BY THE SENATE

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

388 Mr. Speaker Law COMMISSION ON AGING - Clarifies duties of the commissioners; to specify duties of the administrator and staff of the commission; and to govern appointment and salary of the administrator...... 87 126 137 Amended in the House (See House Journal)

391 Mr. Speaker Law LEGEND DRUGS - Amends existing law relating to the Board of Pharmacy and legend drugs to provide a correct code citation...... 56 170 188

392 Mr. Speaker Law PHARMACISTS - Relating to the Board of Pharmacy; to define terms relating to internships and preceptors. .... 56 89 109

393 Mr. Speaker Law NURSING - Increases the maximum fee that may be imposed for licenses for practical nursing, professional nursing, and advanced practice professional nursing; to provide for nurse emeritus licenses; to increase the maximum fee for license renewal; to provide for lapsed licenses and for reinstatement of licenses; and to revise the provisions and grounds for disciplinary action...... 147 247 255

394 Mr. Speaker Law ACUPUNCTURE - Provides that the Board of Acupuncture may require continuing education as a condition of licensure; to revise requirements; and to require the direct and immediate supervision of acupuncture technicians. .. 147 235 255

395 Mr. Speaker Law DENTISTRY BOARD - Relating to the Board of Dentistry; to strike obsolete language related to transition; and to provide that a member continues in office until his successor has been named...... 189 247 255

398 Mr. Speaker Law INMATES - EDUCATION - Revises eligibility requirements for special education services provided to adult correctional facility inmates who are between eighteen and twenty-one years of age...... 110 164 183

399 Mr. Speaker Law TEACHERS - ELEMENTARY - Provides that all kindergarten through grade eight teacher candidates from an Idaho teacher preparation program shall pass the State Board of Education's pre-service assessment measure in order to qualify for an Idaho standard elementary teaching certificate...... 110 164 183

400 Mr. Speaker Law PRESCRIPTIONS - RECORDS - Strikes the sunset clause and contingency clause relating to the exemption of prescription records from disclosure...... 56 89 109 SENATE INDEX 381

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

401 Mr. Speaker Law PRISON TERM INCOMPLETE - OUT-OF-STATE - Provides that the director of the Department of Correction or the head of a facility operated by the department may apply for the requisition for the return of persons who have unsatisfied terms of imprisonment or other supervision remaining pursuant to their criminal convictions and who are absent from the state for any reason; and to provide that certified copies of judgments of conviction and sentences shall be filed with the office of the Secretary of State. ... 48 95 114

402 Mr. Speaker Law ACCIDENTS - FATAL - Provides that coroners shall obtain blood samples from certain persons who have died as a result of motor vehicle or vessel accidents; and to provide that the results of blood testing shall be delivered to the director of the Idaho State Police or his designee...... 48 115 123

403 Mr. Speaker Law SHORTHAND REPORTERS - Revises the qualifications for issuance of a temporary certified shorthand reporter certificate...... 110 218 231

404 Mr. Speaker Law JUVENILE PROBATION OFFICERS - Provides that the Peace Officer Standards and Training Council may implement minimum basic training and certification standards for juvenile probation officers...... 137 218 231

405 Mr. Speaker Law MOTOR VEHICLES - JUVENILE CORRECTIONS DEPARTMENT - Relating to the marking of state-owned vehicles; to provide that motor vehicles under the custody and control of the director of the Idaho Department of Juvenile Corrections may be unmarked...... 48 102 118

406 Mr. Speaker Law SOCIAL WORK - LICENSURE - Relating to social workers; to revise the composition and powers of the Board of Social Work Examiners; to set forth qualifications for endorsement applicants; and to exempt certain communications from nondisclosure requirements. .... 151 236 255

407 Mr. Speaker Law ELECTRICIANS - LICENSURE - Revises the licensing periods for electricians; and revises the fees for licenses, applications, renewals, and revivals...... 32 139 150

408 Mr. Speaker Law PERSONAL INFORMATION - DISCLOSURE - Limits the disclosure of nonpublic personal information by persons regulated by the Department of Insurance pursuant to the federal Gramm-Leach-Bliley Act of 1999...... 32 58 68

409 Mr. Speaker Law FIRE SAFETY - Replaces references in the Idaho Code to the Uniform Fire Code with the International Fire Code, published by the International Code Council...... 144 223 242

410 Mr. Speaker Law ENGINEERS/LAND SURVEYORS - Defines terms; clarifies the use of seals and signatures; and permits the Board of Professional Engineers and Land Surveyors to waive examination requirements for certain individuals. 32 58 68 382 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

411 Mr. Speaker Law BOUNDARY LINES - Relating to surveys of boundary lines; to provide that the services of a professional land surveyor may be procured to establish boundaries when doubts arise about the location of a fence...... 32 58 68

412 Mr. Speaker Law VETERANS HOMES - Provides that administrators of veterans homes shall be considered nonclassified exempt employees of the state and shall serve at the pleasure of the administrator of the Division of Veterans Services. .... 41 139 150

413 Mr. Speaker Law PUBLIC EMPLOYEE RETIREMENT SYSTEM - Decreases the period of time that employers have to remit contributions to the Public Employee Retirement System after each pay date; and requires that contributions be remitted together with the contributions remitted under supplemental benefit plan contributions...... 41 58 68

414 Mr. Speaker Law PUBLIC EMPLOYEE RETIREMENT SYSTEM - Relating to the Public Employee Retirement System; to allow inactive members who are vested to purchase membership in the System for active duty service in the armed forces of the United States; and to provide that an inactive member who is vested may purchase up to forty-eight months of membership service...... 41 58 68

415 Mr. Speaker Law WATER RIGHTS - Relating to the adjudication of water rights; to reduce the period for filing responses to objections in the Snake River Basin Adjudication from 120 days to 60 days...... 41 72 81

416 Mr. Speaker Law WATER RIGHTS - Relating to adjudication of water rights; to clarify the period of time to be set forth in certain notices between filing the report with the director of the Department of Water Resources and the hearing, at which time the unobjected parts of the report will be decreed; and to clarify the time in which the director of the Department shall file certain statements with the district court...... 48 72 81

419 Mr. Speaker Law FISHING - Deletes an exception to the prohibition against the use, possession, or taking of certain fish...... 76 125 137

420 Mr. Speaker Law PROFESSIONAL GEOLOGISTS - Revises the qualifications and procedures for registering professional geologists; revises the qualifications for membership on, and compensation for, the Board of Registration for Professional Geologists; and establishes authority for the Board regarding adoption of rules, setting fees, and conducting disciplinary proceedings...... 114 171 201 Amended in the House (See House Journal) Amended in the Senate ...... 153

422 Mr. Speaker Law LAVA HOT SPRINGS FOUNDATION - Relating to the Lava Hot Springs Foundation; to review and provide for certain powers and duties; to strike reference to the employment of a superintendent; and to provide for the appointment, powers and duties of an executive director. Amended in the House (See House Journal) 87 140 150 SENATE INDEX 383

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

423 Mr. Speaker Law HORSE RACING - Relating to horse racing; to revise the criteria for the minimum number of races conducted per day depending on whether the race handle exceeded five million dollars during the last calendar year or was five million dollars or less during the last calendar year. ... 39 138 150

424 Hornbeck Failed WATER/SEWER DISTRICT BOARD - Increases the in maximum allowable compensation for each member of a Senate board of directors of a water district or a sewer district from fifty dollars to one hundred fifty dollars for each meeting...... 56 164 164

425 State Affairs Vetoed TERM LIMITS - Repeals Idaho's term limit law for House & Senate federal, statewide elected executive officials, legislators, Voted to school district trustees, and city and county elected officials. 51 61 81 Override Veto House Vote to Override Veto (See House Journal) Senate Vote to Override Veto ...... 69 Veto Message ...... 68 Certificate of Passage Over Governor’s Veto ...... 81

426 Transportation Law GASOHOL/DIESEL FUEL - TAX - Deletes the & Defense preferential tax rate for gasohol and diesel fuel containing agricultural products; defines "biodiesel"; provides a deduction for gasohol and biodiesel not exceeding ten percent of the total gallons reported; and clarifies the statute of limitation of refund claims for motor fuel taxes. .... 56 103 118

427 Transportation Law REAL ESTATE APPRAISERS - Provides an exception to & Defense mandatory real estate appraiser licensure or certification for employees or agents of the Idaho Transportation Department when making value estimates of property or for just compensation valued at ten thousand dollars or less; provides for review of the estimate by a state certified general real estate appraiser; provides that the property owner shall be provided with a copy of the estimate; and provides that the property owner shall be informed of the right to request a certified appraisal...... 56 103 118

428 Local Law VETERANS SERVICES - Authorizes the Division of Government Veterans Services to enter into contracts and accept donations and funds and to operate and maintain a veterans cemetery; deletes certain authorities of the administrator of the Division; provides for administration; provides that the Veterans Cemetery shall not be subject to local land use planning ordinances; revises the powers and duties of the administrator; allows the Division to accept moneys and property and to enter into contracts and to administer the Veterans Cemetery Maintenance Fund; and authorizes cemetery maintenance districts to transfer property to other public entities...... 61 126 137

430 State Affairs Law LEGAL FORMS - Removes obsolete twentieth century references in statutory legal forms...... 56 111 120

431 State Affairs Law CORONERS - Relating to the burial of unclaimed bodies to remove language referencing inquests by coroners. .... 102 144 155 384 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

432 State Affairs Law CORONERS - Provides that certain provisions relating to the disposition of dead bodies shall not apply in counties where there is only one licensed funeral establishment. 102 144 155

434 Appropriations Law APPROPRIATIONS - LANDS DEPARTMENT - Appropriating an additional $2,775,100 to the Department of Lands for the Forest Resources Management Program for FY 2002...... 48 61 75

435 Appropriations Law APPROPRIATIONS - LANDS DEPARTMENT - Appropriating an additional $5,020,800 to the Department of Lands for the Forest and Range Fire Protection Program for FY 2002...... 48 71 81

436 Appropriations Law APPROPRIATIONS - Appropriating an additional $11,200 to the Lieutenant Governor for FY 2002...... 48 73 81

439 Revenue & House UNCLAIMED PROPERTY - Amends existing law on Taxation Failed to unclaimed property to reduce the holding period for checks, Concur in drafts, and similar instruments issued or certified banking Senate and financial organizations, property held by agents and Amendments fiduciaries, and contents of safe deposit boxes or other safekeeping repository; and to delete the special reporting period for insurance companies...... 56 115 115 Amended in the Senate ...... 97

440 Revenue & Law INCOME TAX - Clarifies that net operating losses and Taxation capital losses incurred in activities not taxable in this state are not deductible for state income tax purposes, even if the activity is not a business activity...... 56 111 120

441 Revenue & Law UNCLAIMED PROPERTY - Relating to unclaimed Taxation property to provide that notices shall not be required to be published for items valued less than one hundred dollars. 56 111 120

442 Revenue & Law INCOME TAX - Relating to individual and corporate Taxation income tax to make clarifying and technical amendments to the Income Tax Relief Act (H 377, as amended in the Senate) passed by the Legislature in 2001...... 61 111 120

444 Agricultural Failed AGRICULTURAL INSPECTORS - Provides that certain Affairs in agricultural inspectors shall not be eligible for overtime pay Senate on a holiday...... 130 219 219

446 Agricultural Law ANIMALS - Relating to the suppression of diseases in Affairs animals to revise the authority granted; to authorize entrance where animals are kept; to require certain law enforcement personnel to provide assistance; to require that designated types of animals e tested for certain diseases; to clarify the presence of disease that may constitute an emergency; to authorize promulgation of rules which regulate disease; to require all persons practicing veterinary medicine in Idaho to report certain diseases; to provide for reimbursement to owners of any animal ordered slaughtered or destroyed at the direction of the Division; and to provide for reimbursement to owners for property destroyed and for labor employed in the disposal of animals...... 130 219 231 SENATE INDEX 385

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

447 Agricultural Law FOOD PRODUCTS - ORGANIC - Increases the maximum Affairs civil penalty for violation of the rules regarding organic food products; and provides that the Organic Food Advisory Council shall meet at the call of the chairman or the director...... 130 219 231

448 Agricultural Law PLANT PEST ACT - Creates the Idaho Plant Pest Act of Affairs 2002; provides for administration; provides for collection of fees and penalties; authorizes inspections; provides procedures; requires reporting; provides for liens and cost recovery; provides for compensation for the loss or destruction of infested or infected plants; provides for quarantines; authorizes rulemaking; prohibits shipment, introduction, or release of certain pests; provides for permits and export certification and compliance agreements; provides for crop management areas; authorizes research and investigation; provides for payment of costs; authorizes cooperation with landowners...... 130 219 231

449 Appropriations Law APPROPRIATIONS - Appropriating an additional $152,300 to the Industrial Commission for FY 2002. ... 48 71 81

450 Appropriations Law APPROPRIATIONS - Appropriating an additional $170,200 to the State Board of Education for the Division of Vocational Rehabilitation for FY 2002...... 48 71 81

451 Appropriations Law APPROPRIATIONS - Appropriating an additional $73,300 to the PERSI for FY 2002; and authorizing one additional full-time equivalent position...... 48 73 81

452 Appropriations Law IDAHO CODE FUND - Provides that those moneys in the Idaho Code Fund that exceed the prior year's expenditures, excluding a transfer appropriation, twenty-five percent or more shall be transferred to the General Fund; and to appropriate $1,300,000 from the Idaho Code Fund for deposit in the General Fund...... 48 71 81

453 Appropriations Law APPROPRIATIONS - Appropriating an additional $32,000 to the Board of Pharmacy for personnel costs for FY 2002; and reducing the appropriation to the Board of Pharmacy for operating expenditures by $17,000 for FY 2002. ... 48 71 81

454 Revenue & Law TAXATION - FILING - DISASTERS - Permits the State Taxation Tax Commission to grant extensions of time to file tax returns and pay taxes in the event of certain disasters. .. 49 72 81

455 Revenue & Law FUNERAL TRUSTS - TAXATION - Provides for Taxation residency determinations for the taxation of qualified funeral trusts; and to provide procedures for reporting and payment of the tax...... 61 111 120

456 State Affairs Law STATE TREASURER - IDLE MONEYS - INVESTMENT Relating to the investment of idle moneys in the state treasury; and to provide that security held in money market portfolios must be dollar denominated, meaning that all principal and interest payments on the security are payable to security holders in United States dollars...... 56 89 109 386 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

458 Appropriations Law APPROPRIATIONS - Appropriating an additional $49,700 to the Department of Water Resources for FY 2002. ... 48 72 81

459 State Affairs Senate RECORDS - Provides that a court may provide for the State Affairs confidential treatment of records for which no exemption from disclosure applies, upon certain standards being met; to provide procedures; to provide for the award of costs and attorney's fees; and to provide for notification of the Legislature when a court has entered a judgment or order regarding the confidentiality of documents...... 133 --- 133 Amended in the House (See House Journal)

460 Appropriations Law APPROPRIATIONS - Reducing the appropriation to the Department of Labor for the Rural Partnership Program $185,400 for FY 2002; reducing the full-time equivalent positions for the Department of Labor one; appropriating an additional $165,400 to the Department of Commerce for the Rural Partnership Program for FY 2002; and adding one additional full-time equivalent position for the Department of Commerce for FY 2002...... 56 72 81

461 Appropriations Law APPROPRIATIONS - Appropriating an additional $76,000 to the Agricultural Research and Cooperative Extension Service for FY 2002...... 56 72 81

462 Appropriations Law APPROPRIATIONS - Appropriating an additional $108,600 to the Office of the Governor for the Military Division for FY 2002; and reducing by $40,000 the appropriation for the Military Division for the Bureau of Hazardous Materials for FY 2002...... 56 73 81

464 Revenue & Law COLLEGE SAVINGS PROGRAM - Relating to the Idaho Taxation College Savings Program to expand the definition of "family member;” to revise the definitions of "nonqualified withdrawal" and "qualified higher education expenses" to comply with federal law; and to eliminate the penalty to be assessed against nonqualified withdrawals...... 70 126 137

467 Judiciary, Law EMERGENCY RESPONSE - LIABILITY - Provides for Rules, & liability for costs for certain emergency responses. .... 114 213 231 Administration Amended in the House (See House Journal)

469 State Affairs Law CIVIL SERVICE - Amends existing law to provide for the rehiring of former employees the civil service commission under certain conditions...... 87 127 137 Amended in the House (See House Journal)

470 State Affairs Senate SCHOOL ELECTIONS - Deletes the exemption of school State Affairs districts from the uniform election date requirements; and to provide dates for supplemental maintenance and operation levy elections...... 79 --- 79

471 Revenue & Law SALES TAX - Amends existing law to revise the time, Taxation manner and procedures for obtaining refunds of overpayments of sales or use taxes...... 70 112 120 SENATE INDEX 387

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

474 State Affairs Died on FEDERAL FUNDING - DECREASE - Provides that the Senate administrator of the Division of Financial Management shall Calendar notify the director of Legislative Services, the co-chairmen of the JFAC, and germane committees when it appears that a decrease in federal funding will require an increased expenditure by the state for the programs...... 83 - - 260

475 State Affairs Senate SCHOOL TRUSTEES - ELECTION - Provides that school State Affairs trustee elections shall be held on the fourth Tuesday in May...... 83 --- 83

476 Trail Senate RECYCLED OIL PRODUCTS - Provides a state State Affairs purchasing preference for recycled motor oil products. .. 102 --- 102

477 Trail Law MOTOR VEHICLES - LICENSE PLATES - Adopt provisions for an Appaloosa license plate; and to govern administration of the Appaloosa plate program...... 147 245 255

480 Judiciary, Law FINANCIAL TRANSACTION CARD NUMBER - Rules, & Provides that it is a crime to knowingly use a financial Administration transaction card (FTC) number to exceed the actual balance of the account; provides that it is a crime to knowingly use an FTC number to willfully exceed an authorized credit line; and provides felony criminal penalties for certain acquisitions...... 87 180 195

481 Revenue & Law SALES TAX - LIVESTOCK - Provides for an exemption Taxation from the sales or use tax on the sale, purchase or use of livestock when sold at a livestock market...... 70 125 137

482 Revenue & Law SALES TAX - EXEMPTIONS - Amends existing law to Taxation provide a sales tax exemption for the Family Services Alliance of Southeast Idaho...... 170 243 255

483 Judiciary, Law DRUGS - ADULTERATION - Provides penalties for Rules, & persons who intentionally adulterate a drug; provides Administration penalties for health care providers who permit that drug to be administered or dispensed; defines terms; provides a determination whether a drug has been adulterated; and provides an exception for prescribing a change in strength, quality or purity of a drug if the change is made pursuant to the orders of a practitioner prescribing a drug for the purpose of administering the drug to a patient...... 102 218 231

484 Business Law INSURANCE - SURPLUS LINES BROKERS - Relating to insurance to provide for surplus line brokers to be licensed in Idaho; to revise definitions; to provide that the broker shall file an affidavit with the director of the Department of Insurance; to provide for rules; to provide that a person who independently procures his own insurance shall only purchase surplus line insurance from listed insurers; to apply penalties to the person who independently procures his own insurance; to revise requirements for licensing; to revise criteria for which a broker's license may be suspended or revoked; to revise record requirements; to require an annual report; to provide penalties and revise requirements for reports and tax of coverages...... 125 235 255 388 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

485 Business Law ACCOUNTANTS - LICENSURE - Modifies requirements for licensure under the Idaho Accountancy Act; to revise provisions relating to the acceptance of commissions and contingent fees and the use of certain titles or abbreviations; and to provide for substantial equivalency...... 110 234 255

486 State Affairs Law MILLENNIUM FUND - Establishes a Joint Millennium Fund Committee to consider requests for funding; and provides for meetings and staff on the uses to be considered...... 83 170 201 Amended in the Senate ...... 153

487 Revenue & Law PROPERTY TAX - AGRICULTURAL LAND - Provides Taxation that land five acres or less which is being classified as actively devoted to agriculture for property tax purposes must be contiguous; and to define "contiguous." ..... 189 252 260 Amended in the House (See House Journal)

488 Revenue & Law PROPERTY TAX - AGRICULTURAL LAND - Provides Taxation legislative intent; and provides a partial property tax exemption for parcels of land in a rural home site development plat upon certain conditions occurring. ... 87 209 242 Amended in the Senate ...... 153

489 Environmental Law BASIN ENVIRONMENTAL IMPROVEMENT PROJECT Affairs COMMISSION - Provides that the board of commissioners of the Basin Environmental Improvement Project Commission shall include one representative of the state of Washington appointed by the governor of Washington. 79 112 120

492 Revenue & Law INTERNAL REVENUE CODE - Updates the reference to Taxation the Internal Revenue Code in effect on January 1, 2002, for state income tax purposes...... 110 140 150

494 Revenue & Law SALES TAX - EXEMPTIONS - Amends existing law to Taxation provide an exemption from sales and use tax for qualifying senior citizen centers...... 170 243 255

497 Judiciary, Law JURY COMMISSIONER - DUTIES - Clarifies the Rules, & composition of jury commissions, the term of service, Administration qualifications, and duties; provides who shall determine the frequency with which a district's master jury wheel will be emptied and refilled; provides that names of prospective jurors will not be released absent specific order of the trial judge; provides the content of qualification forms and penalty for misrepresentation; provides a penalty for failure to appear; clarifies who may request the court to determine whether a prospective juror is disqualified and criteria for disqualification; provides for postponement of service; provides criteria for being excused; authorizes the judge to extend the limitation on required jury service; provides that appearances for jurors may include telephone standby; provides procedures for the impaneling of grand juries and additional jurors; provides that the county must supply board and lodging for a jury ordered by a court to be kept together; and provides that a bailiff may be sworn to undertake certain responsibilities...... 170 224 242 SENATE INDEX 389

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

498 Judiciary, Law JUVENILES - Relating to juvenile sentencing to authorize Rules, & courts to order parents, legal guardians or custodians of Administration juveniles to pay certain charges...... 110 164 183

499 Judiciary, Law ATTORNEY MAGISTRATE JUDGES - Provides for the Rules, & assignment of certain attorney magistrates to temporary Administration service on the Supreme Court; provides for the assignment of active and senior attorney magistrate judges to certain Court of Appeals panels; provides restrictions; and provides for reimbursement of expenses and compensation...... 110 213 231

500 Judiciary, Law COURT PROCEEDINGS - Provides that the Supreme Rules, & Court may designate court proceedings and testimony that Administration may be recorded electronically...... 185 258 263

501 Judiciary, Law SMALL CLAIMS ACTIONS - Provides that small claims Rules, & actions may be brought in the magistrates division in the Administration county where the defendant resides or in the county where the cause of action arose...... 110 164 183

502 Judiciary, Law JUVENILES - SENTENCING - Relating to juvenile Rules, & sentencing to provide that a court, in its discretion, may Administration request and receive a report containing certain information regarding the juvenile and the juvenile's home environment prior to entry of an order disposing of a case, other than an order of discharge or dismissal...... 185 259 263

503 State Affairs Law CITIES - ELECTION LAWS - Brings election laws governing municipal elections into greater conformity with the laws governing state and county elections, including the conduct of the election by the city clerk, the declaration and petition of candidacy, notice and deadlines governing elections, and conditions governing a runoff election. .. 114 163 183

504 Business Law ELECTRICAL BOARD - Provides that members of the Idaho Electrical Board shall hold office until expiration of the term for which the member was appointed and until a successor has been duly appointed and qualified...... 125 258 263

505 Business Law HEALTH - BENEFIT PLANS - Revises sunset provisions applicable to index rate bands for health benefit plans; and provides that the director shall review certain provisions of law following receipt of data from health care insurers for calendar year 2004 and shall submit a report to certain legislative committees...... 184 229 255 Amended in the House (See House Journal) Amended in the Senate ...... 212

506 Resources & Law IRRIGATION DISTRICTS - Relating to irrigation districts Conservation to increase to $25,000 the amount of an expenditure for which competitive bidding is required...... 125 224 242

507 Resources & Senate WOOD OR PLANT PRODUCTS - Provides a preference Conservation State Affairs for wood products or plant products in purchasing done by the state or political subdivisions of the state, if certain criteria are met...... 143 --- 143 390 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

508 Appropriations Law APPROPRIATIONS - Amending the FY 2002 appropriation to appropriate an additional $140,000 to the Idaho State Police...... 79 103 118

509 Appropriations Law APPROPRIATIONS - Appropriating an additional $65,000 to the State Appellate Public Defender for FY 2002. ... 79 103 118

510 Appropriations Law APPROPRIATIONS - Repeals sections of Chapter 210, Laws of 2001, which appropriate moneys to the Department of Correction for substance abuse treatment programs; and amends the FY 2002 appropriation to appropriate an additional $308,520 for the Department of Correction. .. 79 103 118

511 Appropriations Law APPROPRIATIONS - Appropriates an additional $336,200 to the Office of the Attorney General for FY 2002; and expresses intent regarding moneys remitted to state agencies in the form of a dividend from the State Insurance Fund. 79 103 118

512 Business Senate SCHOOLS - SAFETY HAZARDS - Authorizes the Education administrator of the Division of Building Safety to require the elimination of serious safety hazards in public school facilities...... 114 --- 114

513 Revenue & Law OFF-ROAD VEHICLES - SALES TAX - Provides that Taxation certain vehicles, including off-road motorcycles, all trailers, and certain vessels, shall be exempt from sales tax if purchased in Idaho by nonresidents for use outside the state; clarifies conditions relative to registration and titling of vehicles exempted under the provisions of this law; and defines "all-terrain vehicle" and "vessel." ...... 114 141 150

516 Transportation Law RAILROAD GRADE CROSSINGS - Provides that the & Defense Railroad Grade Crossing Protection Fund may be used to support public education and safety programs; and provides that application may be made to the ITD to provide the maximum of $25,000 annually from the Fund to support programs for public education and safety...... 114 170 188

517 Transportation Senate DISASTERS - Revises the governor's powers with respect & Defense State Affairs to the quarantine of persons and animals and for routes, modes of transportation, and destinations...... 151 --- 151

518 Transportation Law NATIONAL GUARD - Provides a stay of civil proceedings & Defense where National Guard members are called into state active duty...... 130 213 231

522 Agricultural Law SEED INDEMNITY FUND - Provides for a seed Affairs indemnity fund; provides for licenses, bonds, and irrevocable letters of credit; provides for action by injured persons; provides for fees, receipts, and scale weight tickets; provides for maintenance, examination and confidentiality of records; provides for prosecution; provides for notice of noncompliance; provides insurance requirements; provides for assessments; provides for an advisory committee; provides for claims, hearings, and payments; authorizes an action for reimbursement; and provides for the accrual of causes of action...... 162 235 255 SENATE INDEX 391

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523 Agricultural Law BRUCELLOSIS - VACCINES - Requires brucellosis Affairs vaccinations to be administered by veterinarians or state or federal regulatory personnel; requires the director of the Department of Agriculture to designate certain vaccination requirements; provides for official vaccinations for brucellosis for female cattle; provides for female cattle that have not been vaccinated; and provides for penalties for failing to comply with vaccination requirements...... 189 245 255 Amended in the House (See House Journal) Amended in the House (See House Journal)

524 Agricultural Law DOMESTIC CERVIDAE - Revises civil penalties for Affairs violations of certain statutes and rules regarding domestic cervidae...... 147 223 242

525 Agricultural Law POTATO - STATE VEGETABLE - Adds to existing law Affairs to designate the potato as the state vegetable...... 94 164 183

528 Revenue & Law CONDOMINIUMS - COMMON AREA - Provides for a Taxation reallocation of percentage of ownership interest in a condominium property when a substantial change has occurred...... 114 163 183

529 Agricultural Law LIVESTOCK - Provides for the Director of the Department Affairs of Agriculture's regulation of commercial livestock truck washing facilities; and to provide that certain authority of the Department of Environmental Quality is preempted. 205 256 263 Amended in the House (See House Journal)

534 Education Law DIGITAL LEARNING ACADEMY - Creates the Idaho Digital Learning Academy; provides legislative findings and states the goal of the academy; creates an academy board of directors; provides duties of the academy board; defines terms; provides for the design, development and accreditation of courses; provides for registration and accountability; and provides funding...... 121 235 255

535 Education Law STUDENTS - DUAL-ENROLLMENT - Relating to dually-enrolled students; clarifies what constitutes demonstration of academic proficiency; and establishes eligibility for a nonpublic or public charter school student to participate in public school nonacademic activities. .. 114 244 255

538 Resources & Law WATER PLAN - Adds to existing law to ratify and approve Conservation the Comprehensive State Water Plan for the Little Salmon River Basin as adopted by the Idaho Water Resource Board on October 19, 2001...... 144 224 242

539 Resources & Senate BIG GAME DEPREDATION - Provides for big game Conservation Resources & depredation funds; provides for control of damage by Environment antelope, elk, deer, moose, black bear, mountain lions, or by grazing wildlife; to provide a procedure for claims of damage; and to provide for compensation...... 155 --- 155 392 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

540 Business Law UNIFORM COMMERCIAL CODE - Revises Article 9 of the Uniform Commercial Code to clarify language and application to the chapter; and provides for the effective date of certain financing statements...... 125 259 263

541 Judiciary, Law CHILD CUSTODY - Adds to existing law relating to Rules, & domestic relations and child custody to provide for Administration parenting coordinators...... 185 236 255

542 Judiciary, Senate DEATH SENTENCE - Defines terms; provides for contact Rules, & Judiciary visits between condemned persons and certain persons in Administration & Rules accordance with prison rules; provides for the close custody confinement of condemned persons; and provides that a warden may house a condemned person under more restrictive conditions under certain circumstances. .... 185 --- 185

543 Education Law CHARTER SCHOOLS - Provides that the provision of law which provides for a reduction in the administrative staff allowance, when there is a discrepancy between the number allowed and the number of administrative staff actually employed, shall not apply to charter schools...... 170 244 255

544 Education Senate CHARTER SCHOOLS - ADMISSION - Further prescribes Education admission procedures to a public charter school when the capacity of the charter school is insufficient to enroll all pupils who submit a timely application...... 119 --- 119

546 Education Law CHARTER SCHOOLS - Clarifies that charter schools are required to comply with the general education laws of the state unless specifically directed otherwise in public charter school law...... 119 218 231

547 Education Senate HIGHER EDUCATION - FUNDING - Specifies duties of Education the State Board of Education to further the goals of equity funding of public institutions of higher education; and requires reports to the Legislature...... 130 --- 130

548 Education Law STUDENTS - ALCOHOL/CONTROLLED SUBSTANCE USE - Revises the procedure governing the response by school employees when a student makes a voluntary disclosure and when a student is reasonably suspicioned to be using or under the influence of alcohol or a controlled substance; provides immunity and defines terms. .... 184 257 263 Amended in the House (See House Journal)

549 Revenue & Law TAX COMMISSION/FISH AND GAME DEPARTMENT Taxation EXCHANGE INFORMATION - Provides for an agreement for the exchange of information between the Tax Commission and the Department of Fish and Game and specifies the information which may be provided. .... 119 165 183

550 Transportation Law ELECTRIC PERSONAL ASSISTIVE MOBILITY & Defense DEVICE - Provides that persons who operate an electric personal assistive mobility device are considered to be pedestrians and may operate such devices upon a sidewalk; and authorizes regulation by political subdivisions. ... 162 228 255 Amended in the Senate ...... 212 SENATE INDEX 393

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

551 Transportation Senate TRAFFIC ACCIDENT MEMORIALS - Clarifies that & Defense Transportation memorials are restricted to persons killed in traffic accidents on state highways; provides that placement of memorials is restricted to areas adjacent to the state highways; and defines “state highways”...... 162 --- 162 Amended in the House (See House Journal)

552 Health & Law ENVIRONMENTAL HEALTH SPECIALISTS - Repeals Welfare and amends existing law to delete the State Board of Environmental Health Specialists Examiners...... 151 210 242 Amended in the Senate ...... 191

553 Health & Law ORAL HEALTH CARE - Relating to health care in rural Welfare medically underserved areas to provide that the provision of oral health care be included within the definition of primary care...... 147 245 255

555 State Affairs Vetoed SOIL CONSERVATION COMMISSION - Revises provisions relating to soil conservation districts and the powers and duties of the state Soil Conservation Commission...... 184 245 255 Amended in the House (See House Journal)

556 Agricultural Law PESTICIDE MANAGEMENT COMMISSION - Provides Affairs for a Commission on Pesticide Management; provides for the use of appropriations; provides for restrictions on the use of state moneys; provides for the commission's approval of the use of the moneys; provides for the deposit and disbursement of funds; provides for the audit of funds; provides for annual reports; and provides an exemption from the Standard Travel Pay and Allowance Act for commission expenditures...... 151 223 242

557 Health & Law DEVELOPMENTAL DISABILITIES COUNCIL - Revises Welfare the membership, powers, duties and authorities of the Developmental Disabilities Council...... 151 247 255

559 Revenue & Law MANUFACTURED HOMES - Provides that manufactured Taxation homes may constitute real property under certain conditions; provides that counties taking tax deeds in manufactured homes shall not be liable for leases or other liabilities owed; provides that homeowners who physically and unlawfully remove manufactured homes shall be liable for specified costs; and provides that any judgment as to such costs may be recorded as a lien upon the home. .. 119 141 150

560 State Affairs Law RECORDS - Deletes reference to operation and security manuals, plans or codes of county jails and buildings owned or leased by the state, county, or a city; exempts from disclosure the records of such buildings or systems held or in the custody of any public agency only when such disclosure would jeopardize the safety of persons or the public safety; and provides that those records may include emergency evacuation, escape or other emergency response plans, vulnerability assessments, operation and security manuals, plans, blueprints or security codes...... 110 140 150 394 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

561 Agricultural Law FARM PRODUCE DEALERS - Relating to dealers in Affairs farm produce to clarify that certain violations are criminal violations; and to provide for civil violations...... 151 219 231

562 Judiciary, Senate SCHOOLS - THREATS OF VIOLENCE - Adds to Rules, & Judiciary existing law to provide for reports of threats of violence or Administration & Rules potential violence on school grounds...... 155 --- 155

564 Judiciary, Law ANHYDROUS AMMONIA - THEFT - Amends and adds Rules, & to existing law to provide for theft of anhydrous ammonia; Administration to provide punishment; to classify certain activities relating to anhydrous ammonia and equipment as felonies; to provide an exception; and to provide for damages. ... 162 224 242 Amended in the House (See House Journal)

565 Resources & Died on DITCHES - CANALS - Amends existing law to make Conservation Senate recreational use of ditches, canals, laterals and drains a Calendar misdemeanor where such use is prohibited by the owner or managing agent; and to provide that such ditches, canals, laterals and drains are not navigable streams...... 195 --- 260 Amended in the House (See House Journal) Amended in the House (See House Journal)

566 Resources & Law CANALS - LATERALS - DRAINS - Relating to control Conservation of ditches to update terminology; to prohibit interference, injuries or changes; and to permit burial of a conduit. . 125 232 255 Amended in the Senate ...... 212

567 Business Law REAL ESTATE BROKERS/SALESMEN - Revises the procedure for disciplinary investigation and filing administrative complaints with the Idaho Real Estate Commission...... 125 218 231

569 Resources & Law WATER RIGHTS - Provides additional conditions and Conservation defenses governing forfeiture of water rights...... 155 230 255

570 State Affairs Law PROMISE SCHOLARSHIP - Provides that a graduate of an accredited secondary school or equivalent program outside the United States may qualify for the Promise Scholarship if, within one year of leaving the state, the individual or student graduated from such school or completed such program and the individual or student and a parent of the individual or student were residents of Idaho...... 184 246 255 Amended in the House (See House Journal)

572 Local Law TAXING DISTRICTS - Provides that the budget Government certification by a taxing district to the county commissioners shall be made not later than the Thursday prior to the second Monday in September, unless the commissioners grant an extension...... 184 244 255 Amended in the House (See House Journal) SENATE INDEX 395

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574 Local Law FIRE PROTECTION COMMISSIONER - Requires a Government signed written notice from a fire protection district commissioner who is temporarily unable to perform the duties of the office for a period of at least ninety days; and provides for each member of the board of a fire protection district to designate two temporary interim successors. . 185 244 255

576 Health & Senate MEDICINE BOARD - MEMBERSHIP - Increases the Welfare Health & number of members on the Board of Medicine; revises the Welfare nomination process and quorum requirements; and provides for disqualification of members where a conflict of interest or bias is present...... 147 --- 147

577 Health & Law CHILD CUSTODY - DISABLED PARENT - Provides Welfare that, in child custody actions, the parent shall have the right to provide evidence and information regarding the manner in which the use of adaptive equipment and supportive services will enable the parent to carry out the responsibilities of parenting; provides duties of the court; and provides that there shall be no discrimination in child custody actions on the basis of disabilities...... 162 248 255

579 Health & Law PARENTS - DISABLED - Defines "disability" as related Welfare to an individual; and guarantees protections for a disabled person to parent, to adopt and to participate in decisions regarding his/her child, including the right to present information concerning adaptive equipment and supportive services which aid the individual in parenting...... 184 248 255 Amended in the House (See House Journal)

581 Revenue & Law SALES - TAX - EXEMPTIONS - Provides a sales tax Taxation exemption for sales to or purchases by a volunteer fire department or licensed EMS agency service; and defines "volunteer fire department" and "licensed EMS service agency." ...... 185 248 255 Amended in the House (See House Journal)

582 Revenue & Law NEW CONSTRUCTION ROLL - Provides that Taxation construction values for certain equipment or facilities used in conjunction with the generation of electricity shall be reported for the preparation of new construction rolls; and provides exceptions...... 151 213 231

583 Business Law UNIFORM COMMERCIAL CODE - Provides that persons who transfer demand drafts for consideration make certain warranties, unless such warranties are not given under applicable conflict of law rules; and defines terms. 155 259 263

584 Business Law TRANSFERS ON DEATH - Relating to transfers on death (TOD) to further define "security account" to include equivalents and certain investment management or custody accounts with a trust company or a trust division of a bank with trust powers...... 155 258 263 396 SENATE INDEX

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585 Business Law ELECTRICIANS - Clarifies the requirements of an apprentice electrician before he may take the journeyman electrician's examination; specifies the requirements for master electrician that the electrical board shall establish in its rules for examination and licensing of master electricians; and clarifies reciprocity provisions for the journeyman and apprentice electrician with out-of-state experience...... 147 228 255 Amended in the Senate ...... 212

586 Business Law BUILDING CODE - Revises the scope, application and requirements of the Idaho Building Code Act...... 144 210 242 Amended in the Senate ...... 190

587 Resources & Senate YELLOWSTONE GRIZZLY BEAR - MANAGEMENT Conservation Resources & Provides for the implementation of the Yellowstone Grizzly Environment Bear Management Plan conditioned upon the availability of adequate and continuous federal funding...... 195 --- 195

588 Business Law SECRETARY OF STATE - FEES - Authorizes the Secretary of State to enter into agreements for the collection of fees; revises rulemaking requirements; provides for searches and copies for no charge in certain instances; and allows the Secretary of State to delete certain filings if payment for the filing is not complete...... 162 242 255

589 Business Law LAND SURVEYORS - Revises the general requirements for the examination and licensure of professional land surveyors and land surveyors-in-training...... 155 246 255

590 Business Law SCHOOLS - PLACES OF EMPLOYMENT - INSPECTIONS - Revises provisions relating to inspections of public school facilities and places of employment. .. 189 246 255 Amended in the House (See House Journal)

592 Business Law PUBLIC WORKS CONTRACTORS - Provides for investigations the administrator; provides for injunctions against certain public works contractors; and provides for the enforcement of public works contracting provisions. 170 258 263

594 Judiciary, Law STUDENTS - HAZING - Prohibits students from hazing Rules, & any member, potential member or person pledged to be a Administration member of a group or organization as a condition or precondition of gaining membership in the group or organization; provides exceptions; and provides that a student who violates the provisions of the section shall be guilty of a misdemeanor...... 119 224 242

595 Judiciary, Law GRAVELY DISABLED - Amends existing law relating to Rules, & the hospitalization of the mentally ill to revise the definition Administration of "gravely disabled." ...... 162 245 255

597 Judiciary, Law MOTORCYCLE ENDORSEMENT - Provides that the Rules, & failure by persons to obtain a motorcycle "M" endorsement Administration prior to operating a motorcycle upon a highway shall constitute an infraction...... 147 209 242 Amended in the Senate ...... 190 SENATE INDEX 397

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

598 Judiciary, Senate CIVIL ACTIONS - FALSE INFORMATION - Relating to Rules, & Judiciary civil actions to provide a cause of action against persons or Administration & Rules entities that produce false or misleading information, either during sworn testimony or to a fact-finder or governmental entity, that results in injury to a person...... 185 --- 212

599 Judiciary, Law WORKER'S COMPENSATION - Provides equal income Rules, & benefits for death to widows and widowers under the state's Administration Worker's Compensation Law...... 189 259 263 Amended in the House (See House Journal)

600 Judiciary, Law FUGITIVES - Amends and adds to existing law to provide Rules, & procedures for the arrest, detention and return to custody Administration of certain fugitives...... 137 209 242 Amended in the Senate ...... 190

601 Judiciary, Law LIABILITY - Provides that bicycling, running, playing on Rules, & playground equipment, skateboarding and athletic Administration competition are included in the definition of "recreational activity" for the limitation of liability of landowners. . 170 224 242

602 Judiciary, Law PERSONAL PROPERTY - FOUND - Provides for Rules, & procedures applicable to the disposition of personal Administration property of a certain value found by persons other than the owner of the property...... 155 218 231

603 Judiciary, Law ARRESTS - MISDEMEANOR - Provides that an arrest for Rules, & a misdemeanor cannot be made inside a person's residence Administration between 8 p.m. and 8 a. m. unless upon direction of the magistrate or where consent was given to enter the residence...... 137 213 231

604 Resources & Law FISH AND GAME LICENSES - YOUTH - Revises the Conservation names of certain licenses; provides for youth small game licenses, nonresident junior mentored hunting licenses, nonresident youth small game licenses and youth hunter education graduate licenses; provides for certain junior mentored tags; provides for turkey tags; provides for certain fish permits; provides for special hunting licenses for students completing certain educational courses; revises license fees; and provides that certain children may possess firearms for hunting...... 155 236 255

607 Revenue & Law DEVELOPMENT IMPACT FEE - Relating to Taxation development impact fees to govern the process for individual assessment of proportionate share; to require an update of the capital improvements plan and inclusion of tax and revenues invested in system improvements in determining proportionate share; and to provide for adjustments of proportionate share...... 162 209 242 Amended in the House (See House Journal) Amended in the Senate ...... 191 398 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

608 Transportation Law HIGHWAY DISTRICT COMMISSIONERS - Provides & Defense that it shall be the duty of the board of highway district commissioners of each highway district to fix the annual salaries of the highway district commissioners; and provides notice requirements for proposed salaries. ... 162 234 255 Amended in the House (See House Journal)

610 Transportation Law DRIVING PERMITS - Amends existing law to provide for & Defense restricted school attendance driving permits...... 185 261 263 Amended in the House (See House Journal) Amended in the Senate ...... 260

611 Transportation Law DRIVER'S LICENSE - SELECTIVE SERVICE & Defense REGISTRATION - Provides that individuals required to register in compliance with the federal military Selective Service Act shall be provided an opportunity to fulfill such registration requirements in conjunction with an application for a driver's license, instruction permit or an identification card; and to provide that any registration information so supplied shall be transmitted by the Idaho Transportation Department to the Selective Service System...... 151 213 231

612 State Affairs Law ELECTIONS - Provides procedures in general and city elections for mail-in absentee ballots; provides procedures for in person absentee voting at the absent elector's voting place; provides that in those counties which count ballots at a central location, absentee ballots received on election day may, in the discretion of the county clerk, be retained in a secure place in the clerk's office and the ballots shall be added to the precinct returns at the time of tabulation. . 151 219 231

613 State Affairs Law DEMOCRACY FUND - Creates the Democracy Fund in the state treasury; to provide purposes of the fund; to provide of which moneys the fund consists; to provide for expenditure of moneys; and to provide for the return of interest to the fund...... 151 219 231

616 State Affairs Law VETERANS POINTS - Defines "war veteran" for purposes of providing veterans points on civil service examinations of the state and political subdivisions. ... 151 233 255

619 Revenue & Law PROPERTY TAX - Provides that the State Tax Taxation Commission shall identify property to be included as operating property for assessment purposes; provides that property assessed by the Commission shall not be subject to another assessment by any county assessor; and provides for appeals...... 162 233 255

620 Judiciary, Law VEHICULAR MANSLAUGHTER - Provides a maximum Rules, & fine and sentence for certain types of manslaughter Administration involving the commission of certain violations involving alcohol, drugs or other intoxicating substances...... 195 247 255 Amended in the House (See House Journal) SENATE INDEX 399

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

623 Judiciary, Law CRIME VICTIM COMPENSATION - Provides that Rules, & certain records of the Industrial Commission shall be Administration exempt from disclosure; provides that the Commission may require additional documents to determine compensation eligibility; authorizes health care providers to submit certain information directly to the commission; provides that compensation due to certain injuries involving the same offender within a six-month period may not exceed twenty-five thousand dollars; and provides for reimbursement for travel expenses incurred in connection with obtaining benefits...... 185 247 255

627 Judiciary, Law SMALL LAWSUIT RESOLUTION ACT - Provides a Rules, & small lawsuit resolution procedure; provides for Administration qualification, appointment and compensation of evaluators; provides authority for evaluators; provides for prehearing and hearing procedures; provides for evaluation decisions, awards, judgments and the award of attorney's fees and costs; provides for appeals and trial de novo; and provides for statistical records...... 155 239 255

628 Judiciary, Law ATTORNEYS - LICENSE - Amends existing law to revise Rules, & the licensing fees of the Idaho State Bar Association for the Administration admission to the practice of law in the state of Idaho. .. 155 239 255

631 Business Law ELECTRICIANS - Relating to electrical contractors and journeymen to clarify that no local jurisdiction shall have authority to require a state licensee to pay fees to the local jurisdiction in order to engage in the electrical construction trade within the local jurisdiction...... 147 256 263

634 Business Law AIRCRAFT IMPROVEMENT LIENS - Relating to aircraft improvement liens to provide for special liens dependent on possession; provides for statutory liens; provides for notices of lien; provides for recording of lien notices; defines owners or authorized agents of owners; provides for the priority of liens; provides for the enforcement, release and discharge of liens...... 189 252 260 Amended in the House (See House Journal)

640 Health & Law FOOD ESTABLISHMENTS - Amends existing law to Welfare move the sunset clause for licensing food establishments ahead five years; and to increase the maximum fee that may be charged for licensing a food establishment...... 195 256 263 Amended in the House (See House Journal)

643 Transportation Law MOTOR VEHICLES - AIRBAGS - Provides that it shall & Defense be unlawful for any person to sell or transfer ownership of a vehicle without giving prior written notice to the purchaser or transferee, if the seller or transferor knows or should reasonably know, that any airbag or the airbag system is inoperable; and to provide exceptions...... 184 245 255 Amended in the House (See House Journal) 400 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

644 Agricultural Law COMMODITY DEALERS - Relating to commodity Affairs dealers to provide for a licensure reinstatement period; provides for denial of commodity dealer's licenses to certain limited liability companies or associations; revises provisions relating to bonds of applicants for licensure; revises license fee provisions; revises criteria and procedures for the Department of Agriculture's inspection of a commodity dealer's premises, books and records; clarifies record disclosure provisions; provides that licensed public accountants may prepare required financial statements; and revises provisions relating to bonds. .. 162 235 255

645 Agricultural Law BONDED WAREHOUSES - Relating to bonded Affairs warehouses to authorize annual inspections; revises license provisions and fees; revises provisions relating to bonds; provides for examination of seed crops and records; clarifies and revises provisions relating to departmental action in the event of noncompliance or failure of a warehouse; revises criteria relating to credit sale contracts; clarifies records disclosure provisions; revises provisions regarding assessments; and clarifies the use of funds in the Commodity Indemnity Fund...... 162 235 255

648 State Affairs Law ELECTIONS - CITY - Provides for application of the persuasive poll requirements to disclose the person or entity paying for the poll to certain municipal elections. .... 170 243 255

651 Revenue & Failed INCOME TAX - Amends existing law to repeal the sunset Taxation in dates from Chapter 386, Laws of 2001, relating to the new Senate jobs credit for income tax purposes...... 170 244 244

652 Revenue & Law PROPERTY TAX - Adds to existing law to provide that Taxation certain low-income housing owned by nonprofit organizations is exempt from taxation...... 202 257 253

653 Revenue & Law URBAN RENEWAL AGENCIES - Relating to urban Taxation renewal agencies to establish a FY and audit requirements; to require compliance with the public records law, open meeting law, competitive bidding requirements and ethics; to add a condition governing the duration of a revenue allocation financing provision; to require statements of termination date and disposition and retention of assets upon termination to be included in an urban renewal plan; and to add a value which may be included on a new construction roll...... 170 243 255

657 Education Law SCHOOL ATTENDANCE - Provides a procedure for the board of trustees of a school district when a child is determined to be in violation of school attendance requirements...... 162 246 255

658 Ways & Law ADMINISTRATIVE RULES - DEPARTMENT OF Means ENVIRONMENTAL QUALITY - Provides procedures if the rules of the Department or Board of Environmental Quality are more stringent than federal law or regulations, or if the rules propose to regulate an activity not regulated the federal government...... 162 231 255 SENATE INDEX 401

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

660 Ways & Law BUSINESS AND INDUSTRIAL DEVELOPMENT Means CORPORATIONS - Provides that business and industrial development corporations are not limited to meeting the financing and management assistance needs of business firms located only in this state; limits uses to which a corporation may apply public moneys; provides that development corporations may enter into management assistance contracts and that such contracts shall govern all aspects of the business relationship regarding the assistance provided; removes the limitation that development corporations hold control of corporations with offices located only in Idaho; and removes the requirement that a hearing be held prior to the director's issuance of certain orders or imposing a civil penalty...... 185 259 263

662 State Affairs Law DECORATION DAY - Amends existing law to change reference in the Idaho Code from Decoration Day to Memorial Day...... 170 242 255

663 Revenue & Law INCOME TAX - CREDITS - Amends existing law to Taxation provide an income tax credit for charitable contributions made to Kinderhaven and its foundation...... 185 253 260

665 Education Law MOTOR VEHICLES - INSURANCE - Clarifies that parents or guardians shall not be jointly and severally liable for the negligence or willful misconduct of persons under eighteen years of age if certain proof of financial responsibility is maintained...... 189 246 255

666 Ways & Law STORAGE WATER RENTAL - FLOW Means AUGMENTATION - Regarding the rental of storage water to augment flows during the migration of Snake River Salmon; to revise intent; to provide for annual reports of the United States Bureau of Reclamation; to provide for a report on the plan for releases for the spring and summer Chinook by April 1 and on the plan for releases for the fall Chinook by July 15 of each year; and to move the sunset clause ahead three years...... 185 254 260

668 State Affairs Law SCHOOL BOND GUARANTY ACT - Provides that the amount of debt guaranteed the credit enhancement program will not be greater than two times the amount made available by the fund...... 185 253 260

669 State Affairs Law BOND BANK AUTHORITY - Revises provisions of the Idaho Bond Bank Authority Act relating to municipal loans, moneys in the reserve fund, transfers of moneys from the reserve fund and state sales tax account, nonpayment of scheduled debt service payments and alternative intercept procedures...... 185 253 260

671 Education Law INDIVIDUAL DEVELOPMENT ACCOUNTS - Relating to individual development accounts for lower-income individuals to provide legislative findings; to provide for purposes of the accounts and account features; to provide program qualifications and guidelines; and to provide for the Individual Development Account Advisory Board. . 185 234 255 402 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

676 Appropriations Law APPROPRIATIONS - MILLENNIUM FUND - Appropriates $3,579,200 from the Millennium Fund to the State Treasurer for specified purposes for FY 2003; and provides intent regarding the Catastrophic Health Care Cost Program and the allocation of available funds...... 170 218 231

677 State Affairs Senate MEDICALLY INDIGENT - Provides that necessary Health & medical services shall not include any medical service Welfare previously provided by the state medical assistance program or regional mental health services which are no longer reimbursed by the Department of Health and Welfare on and after the effective date of this act. .... 189 --- 189 Amended in the House (See House Journal)

678 State Affairs Law UNDERGROUND FACILITIES - Clarifies responsibility to mark underground facilities; clarifies notification requirements; revises penalties; provides for a warning for damage to marked and located underground facilities and for failure to notify the owner of underground facilities prior to excavation; authorizes a private cause of action for penalties under certain conditions; and allows for treble damages in certain instances...... 189 253 260 Amended in the House (See House Journal)

679 Revenue & Law PERSONAL PROPERTY TAX - Provides that machinery Taxation and equipment used in the production of nursery stock is exempt from personal property taxation...... 195 253 260

680 Revenue & Law PERSONAL PROPERTY TAX EXEMPTION - Taxation SCHOOLS - Provides that for school districts, beginning January 1, 2002, only the portion of property tax replacement received to replace property exempt from taxation pursuant to Section 63-602EE, Idaho Code, based on the year 2000 tax charges for all maintenance and operation, as limited by Sections 33-802 2. and 33-1002D, Idaho Code, on property exempt from taxation pursuant to Section 63-602EE, Idaho Code, shall not be subtracted from maximum school district maintenance and operation property taxes permitted ...... 185 247 255

681 Revenue & Law UNCLAIMED PROPERTY - Amends existing law on Taxation unclaimed property to change the holding period from seven years to five years for checks, drafts and similar instruments issued or certified banking and financial organizations, property held by agents and fiduciaries, and contents of safe deposit boxes or other safekeeping repository; and to delete the special reporting period for insurance companies...... 185 244 255

682 Education Senate SCHOOLS - SERIOUS SAFETY HAZARDS - Adds to Education existing law to provide action to be taken by the State Board of Education should a school district fail to abate serious safety hazards within the time specified...... 190 --- 190 SENATE INDEX 403

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

683 Appropriations Law APPROPRIATIONS - PUBLIC SCHOOLS - Provides amounts to be expended from various funds for the public schools; appropriates $920,000,000 to the Public School Income Fund for FY 2003; appropriates $985,513,000 for the Educational Support Program for FY 2003; provides the amount necessary for unemployment insurance; provides authority for the Department of Education to monitor and evaluate use of funds for enhancement programs; provides for expenditures for certain technology; provides for expenditures relating to the Idaho Council for Technology in Learning; provides for expenditures for limited and non-English programs; provides for expenditures for the teacher-mentor program; provides for expenditures regarding moneys received pursuant to Sections 63-2506, 63-2552A and 67-7439, Idaho Code; provides for allocation of moneys and requirements for the Idaho Safe and Drug-Free Schools Program; provides intent that the Program must include certain features; provides for expenditures for training of teachers in working with children with disabilities; provides for expenditures for training of teachers working with gifted/talented students; appropriates moneys for property tax replacement; provides allocation of moneys for master teacher recognition; provides for expenditures for literacy programs; provides for expenditures for achievement standards; provides that certain discretionary funds be retained; provides for distribution of discretionary funds; and provides for an allocation of moneys to teachers for 179 202 226 classroom supplies......

684 Revenue & Vetoed VENTURE CAPITAL TAX CREDIT - Provides incentives Taxation for targeted growth through the allowance of a venture capital tax credit; to create the Idaho Venture Investment Fund; to provide that the Department of Commerce is charged with the selection of an advisory committee; to provide for the selection of an investor group with the capacity to support raising and investing up to $30,000,000; to provide for reports and audits; and to provide for management...... 202 254 260

685 Revenue & Law MINES - FINANCIAL ASSURANCE - Requires mine Taxation operators to provide alternative financial assurance; to create the Reclamation Fund; to provide for recovery of costs; and to provide that the State Board of Land Commissioners shall not approve certain operations under specified conditions...... 205 258 263 Amended in the House (See House Journal)

687 Education Law ALTERNATIVE SECONDARY SCHOOLS - Clarifies the calculation of educational support units for alternative secondary summer school programs...... 190 257 263 404 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

688 Revenue & Law LIBRARY DISTRICTS - Provides library districts with the Taxation authority for a capital assets replacement and repair fund; governs the management of the fund; requires a two-thirds majority vote for passage of certain bond issues; and provides limits on the use of the library plant facilities reserve fund and levy...... 202 256 263

691 Appropriations Law APPROPRIATIONS - AGRICULTURE DEPARTMENT Appropriates $26,726,800 to the Department of Agriculture for FY 2003; and limits the number of full-time equivalent positions to 184.56...... 185 233 255

692 Appropriations Law APPROPRIATIONS - ENDOWMENT FUND INVESTMENT BOARD - Appropriates $587,600 to the State Board of Land Commissioners for the Endowment Fund Investment Board for FY 2003; limits the number of full-time equivalent positions to 5; provides for continuous appropriation authority for moneys in the Endowment Administration Fund for consulting fees, bank custodial fees and portfolio-related costs; and provides intent regarding the transfer of moneys from the various earning reserve funds to the income funds...... 185 233 255

693 Appropriations Law APPROPRIATIONS - DEPARTMENT OF ENVIRONMENTAL QUALITY - Appropriates $39,452,600 to the Department of Environmental Quality for FY 2003; limits the number of full-time equivalent positions to 369.55; directs the transfer of $520,000 to the Environmental Remediation Fund; provides intent regarding Bunker Hill remediation; provides intent regarding Coeur d'Alene River Basin projects; provides for a transfer of $500,000 from the Water Pollution Control Fund to the Air Quality Permitting Fund; provides a transfer of $3,000,000 from the Water Pollution Control Fund; provides intent with regard to local jurisdictions; provides intent regarding program and oversight expansions; and provides for a transfer of $450,000 from the Hazardous Waste Emergency Fund to the General Fund for FY 2002...... 185 233 255

694 Appropriations Law APPROPRIATIONS - LANDS DEPARTMENT - Appropriates $33,048,400 to the Department of Lands for FY 2003; limits the number of full-time equivalent positions to 249.61; and authorizes the maximum amount of the deficiency warrants the State Board of Land Commissioners may issue to suppress and eradicate forest pests...... 185 233 255

695 Appropriations Law APPROPRIATIONS - PUBLIC UTILITIES COMMISSION - Appropriates $4,399,400 to the Public Utilities Commission for FY 2003; and limits the number of full-time equivalent positions to 49...... 185 233 255

696 Appropriations Law APPROPRIATIONS - SOIL CONSERVATION COMMISSION - Appropriates $4,425,300 to the Soil Conservation Commission for FY 2003; and limits the number of full-time equivalent positions to 23...... 185 234 255 SENATE INDEX 405

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

697 Appropriations Law APPROPRIATIONS - WATER RESOURCES - Appropriates $21,240,900 to the Department of Water Resources for FY 2003; and limits the number of full-time equivalent positions to 181...... 185 234 255

698 Appropriations Law APPROPRIATIONS - APPELLATE PUBLIC DEFENDER - Appropriates $1,261,900 to the State Appellate Public Defender for FY 2003; and limits the number of full-time equivalent positions to 15...... 185 234 255

699 Appropriations Law APPROPRIATIONS - CATASTROPHIC HEALTH CARE Appropriates $8,748,600 for Catastrophic Health Care for FY 2003...... 185 234 255

700 Appropriations Law APPROPRIATIONS - VETERANS SERVICES - Appropriates $16,143,800 to the Division of Veterans Services within the Department of Self-Governing Agencies for FY 2003; limits the number of full-time equivalent positions to 299.32; and appropriates an additional $1,400,000 to the Division of Veterans Services within the Department of Self-Governing Agencies for FY 2002. .. 189 239 255

701 Appropriations Law BUDGET - MONEY TRANSFER - Stating findings of the Legislature regarding the financial situation for FY 2002; transferring moneys from the Capitol Endowment Income Fund to the General Fund; directing the State Treasurer to deposit the tobacco settlement payment into the General Fund; and authorizing the Board of Examiners to access Permanent Building Funds...... 189 239 255

702 Ways & Law ANATOMICAL GIFT ACT - Amends, repeals, and adds Means to existing law to revise requirements for anatomical gifts pursuant to the Idaho Anatomical Gift Act...... 195 256 263

705 Appropriations Law APPROPRIATIONS - AGRICULTURAL RESEARCH/COOPERATIVE EXTENSION PROGRAM Appropriates $28,233,900 to the Board of Regents of the University of Idaho for the Agricultural Research and Cooperative Extension Service Program for FY 2003; and reappropriates unexpended and unencumbered fund balances for nonrecurring expenditures...... 190 239 255

706 Appropriations Law APPROPRIATIONS - STATE BOARD OF EDUCATION Appropriates $6,178,000 to the State Board of Education for the Office of the State Board of Education for FY 2003; limits the number of full-time equivalent positions to 21; reappropriates unexpended and unencumbered fund balances; and provides legislative intent regarding non-General Fund moneys that may become available for assessment and/or accountability activities...... 190 240 255

707 State Affairs Law POLITICAL COMMITTEES - Amends existing law to revise reporting deadlines for all political committees supporting or opposing measures for a statement of all contributions received and all expenditures or encumbrances made or on behalf of the measure or any candidate or made or against the measure or any candidate...... 190 254 260 406 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

708 Appropriations Law APPROPRIATIONS- ARTS COMMISSION - Appropriates $1,520,600 to the Secretary of State for the Commission on the Arts for FY 2003; and limits the number of full-time equivalent positions to 11...... 190 240 255

709 Appropriations Law APPROPRIATIONS - BUILDING SAFETY DIVISION - Appropriates $9,257,000 to the Division of Building Safety for FY 2003; and limits the number of full-time equivalent positions to 119.1...... 190 240 255

710 Appropriations Law APPROPRIATIONS - COMMERCE - Appropriates $29,166,200 to the Department of Commerce for FY 2003; and limits the number of FTE positions to 54...... 190 240 255

711 Appropriations Law APPROPRIATIONS - DEPARTMENT OF FINANCE - Appropriates $3,349,600 to the Department of Finance for FY 2003; and limits the number of full-time equivalent positions to 43...... 190 240 255

712 Appropriations Law APPROPRIATIONS - INSURANCE DEPARTMENT - Appropriates $5,929,900 to the Department of Insurance for FY 2003; and limits the number of full-time equivalent positions to 68.5...... 190 240 255

713 Appropriations Law APPROPRIATIONS - MILITARY DIVISION - Appropriates $20,483,300 to the Office of the Governor for the Military Division for FY 2003; grants continuous appropriation authority for the Bureau of Hazardous Materials' Miscellaneous Revenue Fund for FY 2002; and limits the number of authorized full-time equivalent positions to 190.80...... 190 240 255

714 Appropriations Law APPROPRIATIONS - SECRETARY OF STATE - Appropriates $2,323,900 to the Secretary of State for FY 2003; provides legislative intent that $1,000 be used to defray expenses relating to the discharge of the Secretary of State's official duties; and limits the number of full-time equivalent positions to 32...... 190 240 255

715 Appropriations Law APPROPRIATIONS - DIVISION OF FINANCIAL MANAGEMENT - Appropriates $2,128,100 to the Office of the Governor for the Division of Financial Management for FY 2003; directs the State Controller to transfer funds; and limits the number of FTE positions to 25...... 190 241 255

716 Appropriations Law APPROPRIATIONS - SUPREME COURT - Appropriates $28,227,200 to the Supreme Court for FY 2003; appropriates $446,500 to the Guardian Ad Litem Fund; provides intent that $5,000 may be used to defray expenses relating to the discharge of the Supreme Court Justices' official duties and $1,500 to defray expenses relating to the discharge of the Court of Appeals Judges' official duties; provides legislative intent specifying a cap on the amount expended for administrative overhead for the Guardian Ad Litem Program; and encourages the preservation of the Drug Courts and Family Court Services programs...... 190 241 255 SENATE INDEX 407

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

719 Appropriations Law APPROPRIATIONS - HUMAN RIGHTS COMMISSION Appropriates $763,200 to the Office of the Governor for the Human Rights Commission for FY 2003; and limits the number of full-time equivalent positions to 11...... 190 241 255

720 Appropriations Law APPROPRIATIONS - LIQUOR DISPENSARY - Appropriates $10,090,100 to the Office of the Governor for the State Liquor Dispensary for FY 2003; and limits the number of authorized full-time equivalent positions to 148; and reappropriates unexpended and unencumbered fund balances...... 190 241 255

721 Appropriations Law APPROPRIATIONS - WOMEN'S COMMISSION - Appropriates $46,300 to the Idaho Women's Commission for FY 2003; and limits the number of full-time equivalent positions to .52...... 190 241 255

722 Appropriations Law APPROPRIATIONS - COMMUNITY COLLEGES - Appropriates $18,821,600 to the State Board of Education for Community College Support for FY 2003...... 190 241 255

723 Appropriations Law APPROPRIATIONS - SPECIAL PROGRAMS - STATE BOARD OF EDUCATION - Appropriates $9,919,300 to the Board of Education and the Board of Regents of the U of I for Special Programs, including Forest Utilization Research Program, Idaho Geological Survey Program, Scholarships and Grants Program, Idaho Museum of Natural History, Idaho Small Business Development Centers, and the Idaho Council on Economic Education for FY 2003; limits the number of FTE positions to 24.99; reappropriates unexpended and unencumbered balances; and provides intent regarding moneys appropriated for Category B of the Idaho Promise Scholarship Program...... 190 241 255

724 Revenue & Law FIRE DISTRICTS - Deletes the different levy amounts of Taxation fire protection districts based upon population; to provide for an election to approve a fire protection district levy for districts adversely impacted by abnormally low levies; to provide procedures; to provide that the additional budget amount may be included in each succeeding annual budget; and to delete sunset clause language...... 205 257 263

726 Agricultural Law AGRICULTURE - ODOR MANAGEMENT - Amends Affairs existing law relating to agriculture odor management; to revise definitions; to revise requirements and procedures for design and construction; to revise criteria related to subsequent violations; to revise penalty provisions; and to provide for an Agriculture Odor Management Fund. ... 195 245 255

729 Ways & Law ADMINISTRATIVE RULES - Provides that administrative Means rules that expire on July 1, 2002, will continue to be effective until July 1, 2003; to provide that administrative rules approved or extended shall be effective until July 1, 2003, or until such time as they expire; to provide that rules rejected shall be null, void and of no force and effect; and to authorize agencies to amend or repeal certain rules pursuant to the Administrative Procedure Act...... 232 258 263 408 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

731 State Affairs Law DISASTERS - UNFAIR PRICING - Relating to unfair pricing following a disaster or emergency to provide application to the sale of pharmaceuticals; to provide facts and circumstances a court shall take into consideration in determining whether a price is exorbitant or excessive; and to clarify when no private cause of action exists...... 205 256 263 Amended in the House (See House Journal)

732 Ways & Law MOTOR FUELS - TAXATION - Modifies the Idaho Means Supreme Court's decision of Goodman Oil v. Idaho State Tax Commission regarding the taxation of motor fuels and distribution of revenues from that tax...... 232 253 260

733 Appropriations Law APPROPRIATIONS - CORRECTION DEPARTMENT - Appropriates $128,834,500 to the Department of Correction for FY 2003; provides intent regarding transfers from one program to another within the agency; and limits the full-time equivalent positions to 1,467.8...... 217 256 263

735 Ways & Law HAZARDOUS WASTE DISPOSAL - Revises fees for Means disposal of certain hazardous waste, PCB’s and hazardous debris at commercial hazardous waste disposal facilities or permitted sites...... 237 257 263

736 Appropriations Law APPROPRIATIONS - HISTORICAL SOCIETY - Appropriates $3,520,900 to the Board of Education for the Idaho State Historical Society for FY 2003; and limits the number of full-time equivalent positions to 48.36...... 232 257 263

737 Appropriations Law TECHNOLOGY IN LEARNING - Provides that of the moneys allocated for one-time technology expenditures in H 683 of the Second Regular Session of the Fifty-sixth Idaho Legislature (state support for public schools), up to $150,000 may be used by the Idaho Council for Technology in Learning to match technology grants from private sources...... 232 257 263

738 Appropriations Law APPROPRIATIONS - Appropriates an additional $50,000 to the Legislative Council for redistricting; and reappropriates the unexpended and unencumbered fund balance...... 249 252 260

739 Appropriations Law APPROPRIATIONS - Authorizes the State Controller to transfer funds to the Veterans Transportation Fund; and appropriates $30,000 from the Veterans Transportation Fund to the Division of Veterans Services in the Department of Self-Governing Agencies for FY 2003. .. 249 252 260

740 Ways & Law HEALTH AND WELFARE DEPARTMENT - Amends the Means legislative intent language relating to the FY 2002 appropriation to the Department of Health and Welfare to delete reference to special rates for private intermediate care facilities for the mentally retarded...... 249 252 260 SENATE INDEX 409

SECTION XIII

NUMERICAL INDEX OF HOUSE CONCURRENT RESOLUTIONS RECEIVED BY THE SENATE

House Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

37 Bruneel & Adopted GOVERNOR - STATE OF STATE ADDRESS- Provides Jaquet for a joint session of the House of Representatives and the Senate to hear the State of the State Address...... 4 4 28

38 Bruneel & Adopted GOVERNOR - BUDGET ADDRESS - Provides for a joint Jaquet session of the House of Representatives and the Senate to hear the Budget Address...... 15 15 28

39 State Affairs Senate MILLENNIUM INCOME FUND - Urging the JFAC to Finance allocate moneys from the Millennium Income Fund to be spent first on programs consistent with comprehensive tobacco prevention and control until such programs meet the minimum funding requirements recommended, and thereafter at the discretion of the Legislature...... 67 --- 67

40 Transportation Adopted WAR ON TERRORISM - Commending the efforts of & Defense President George W. Bush, the President's cabinet, and the men and women of the United States armed forces in the war on terrorism...... 50 82 99

41 Revenue & Adopted TAX COMMISSION - RULES - Rejecting a pending rule Taxation of the Idaho State Tax Commission relating to prizes won in contests, drawings and raffles...... 70 114 123

43 Judiciary, Senate FEMALE INMATES - Regarding the welfare of babies Rules, & Judiciary & born to women who are incarcerated and urging the Board Administration Rules of Correction to consider a nursery program...... 143 --- 143

44 Judiciary, Adopted ADMINISTRATIVE RULES - CORRECTION BOARD - Rules, & Rejecting a rule of the State Board of Correction relating to Administration records exempt from disclosure...... 79 150 169

45 Revenue & Senate PERSONAL PROPERTY TAX - STUDY - Authorizing the Taxation State Affairs Legislative Council to appoint a committee to undertake and complete a study of the implementation of the phaseout of the tax on personal property...... 162 --- 162

46 State Affairs Adopted RONALD REAGAN - Recognizing February 6, 2002, as "Ronald Reagan Day." ...... 87 137 150

47 State Affairs Adopted NATIONAL ADOPTION DAY - Recognizing the principles represented by National Adoption Day; and urging that Idaho courts, attorneys and social service organizations join in the promotion of adoption ...... 137 169 188

48 Business Adopted ADMINISTRATIVE RULES - Rejecting a pending rule of the Idaho Board of Cosmetology relating to instructor reexamination...... 119 188 201

49 Resources & Senate YELLOWSTONE GRIZZLY BEAR - MANAGEMENT - Conservation Resources & Stating findings of the Legislature and approving the Environment Yellowstone Grizzly Bear Management Plan...... 195 --- 195 As Amended in the House (See House Journal) 410 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

50 Revenue & Failed STATE AGENCIES - REPORTS - Requesting state Taxation in agencies to save printing costs when required to submit Senate reports to the Legislature by submitting the document electronically...... 155 201 201

53 State Affairs Adopted GEOGRAPHICAL NAMES - Encouraging individuals to work with local units of government to make recommendations to the State Historical Society who shall forward the recommendations to the Board on Geographic Names on recommended changes of names of places and geographic areas that they deem offensive...... 170 201 226

54 State Affairs Adopted UNITED STATES MILITARY ACADEMY - Recognizing the Bicentennial of the United States Military Academy and its proud history and prospects...... 137 177 195

55 Revenue & Senate CAPITAL GAINS DISTRIBUTION - STUDY - Taxation State Affairs Authorizing the Legislative Council to appoint a committee to undertake and complete a study of the taxation of capital gains distributions...... 162 --- 162

56 Education Adopted BLIND/VISUALLY IMPAIRED - TECHNOLOGY - Urging state agencies to take certain action to ensure that the blind and visually impaired have nonvisual information technology access...... 185 217 231

57 Education Adopted CHARACTER-BASED SEX EDUCATION - Encouraging the promotion of moral development through character-based sex education...... 185 216 231

58 State Affairs Adopted NURSING SHORTAGE - STUDY - Stating findings of the Legislature regarding the current and future shortage of nurses and urging a study the State Board of Education in consultation with the Idaho Commission on Nursing and Nursing Education...... 185 238 255

60 Appropriations Adopted IDAHO WATER CENTER/IDAHO PLACE PROJECTS Authorizing the Department of Water Resources, the University of Idaho, and Idaho State University to enter into agreements with the State Building Authority to finance the Idaho Water Center and the Idaho Place Projects...... 202 227 242

61 Ways & Senate COMMITTEE HEARINGS - BILLS/RESOLUTIONS - Means Judiciary & Proposing a new Joint Rule 21 to provide that when a bill, Rules joint resolution, concurrent resolution, or joint memorial is passed or adopted by one house prior to the fifty-fifth day of a regular legislative session, the bill, joint resolution, concurrent resolution, or joint memorial shall be guaranteed a hearing by the committee to which it is assigned in the other house...... 249 --- 249

62 Ways & Adopted YELLOWSTONE GRIZZLY BEAR - MANAGEMENT - Means Stating findings of the Legislature and approving the Yellowstone Grizzly Bear Management Plan...... 237 250 260 SENATE INDEX 411

SECTION XIV

NUMERICAL INDEX OF HOUSE JOINT MEMORIALS RECEIVED BY THE SENATE

House Intro- Senate Final Joint Introduced Final Subject duction Vote Disp. Memorial By Action Matter Page Page Page

11 Revenue & Adopted DEATH TAX - FEDERAL - Stating findings of the Taxation Legislature concerning the impact of the temporary repeal of the death tax; and urging members of Congress representing the state of Idaho to support, work to pass and vote for the permanent repeal of the death tax...... 46 50 59

12 Revenue & Adopted ECONOMIC SECURITY PACKAGE - Stating findings of Taxation the Legislature concerning President Bush's economic security package; urging Congress representing the state of Idaho to support the package; and urging Senate Majority Leader Senator Tom Daschle to allow the economic security package to receive a vote...... 46 52 64

13 Transportation Adopted NATIONAL MISSILE DEFENSE SYSTEM - Requesting & Defense our elected representatives in the Congress of the United States to support and vote for the implementation of a national missile defense system...... 61 82 99

14 Bieter Senate BASQUE HOMELAND - Stating findings of the State Affairs Legislature and calling for the immediate cessation of all violence occurring in and near the Basque homeland; and to request that a peace process be undertaken...... 195 — 195

15 Commerce Adopted NAFTA-TAA PETITIONS - Urging Congress to require all & Human agencies to strictly comply with all TAA and NAFTA-TAA Resources petition investigations and to determine time requirements to ensure that determinations are made within the sixty day notification period required by the Worker Adjustment and Retraining Notification Act...... 125 188 201

16 Education Adopted SPECIAL EDUCATION - COST - Requesting Congress to fulfill its commitment, when it enacted the "Education for All Handicapped Children Act," now known as the "Individuals with Disabilities Education Act," to pay forty percent of the cost for children with special educational needs...... 151 183 201

17 State Affairs Adopted SCHOOL PRAYER - Urging Congress to pass a "School Prayer Amendment" to the Constitution of the United States reinstating protection for voluntary school prayer and other public religious speech...... 151 188 201

18 Ways & Adopted ENVIRONMENTAL PROTECTION AGENCY - Means Requesting that the Environmental Protection Agency take certain steps in regard to a Draft Temperature Guidance Document which deals with state water temperature standards in streams...... 162 201 226 412 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

19 State Affairs Failed LEGISLATIVE BODIES - APPORTIONMENT - Urging in the Congress of the United States to adopt and submit to the Senate several states an amendment to the Constitution of the United States which recognizes the principle which applies in the Congress and allows the states to adopt a similar pattern of apportionment within the respective states. ... 184 227 227

20 State Affairs Senate WOLVES - Affirming the sovereignty of the state of Idaho Resources & to remove the Canadian gray wolf or solely determine the Environment method of management, such method to be funded by the United States Fish and Wildlife Service...... 195 — 195

21 Revenue & Adopted HIGHWAY CONSTRUCTION - FEDERAL AID - Urging Taxation Congress to enact legislation setting the level of obligations for federal aid highway and highway safety construction programs for FY 2003 at not less than $8.6 billion above the level set in the proposed FY 2003 federal budget, in order to continue the full benefit of transportation investments at FY 2002 levels and avoid job losses. .... 190 238 255 SENATE INDEX 413

SECTION XV

SENATE SPONSORS -- SENATE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

S 1276, aa Deide S 1313 Stegner

S 1277 Ingram S 1314 Lodge

S 1278, aaH Darrington S 1315 Richardson

S 1279 Richardson S 1316 Dunklin

S 1281 Lodge S 1317 Davis

S 1282 Lodge S 1318 Darrington, King-Barrutia

S 1283 Lodge S 1319 Darrington

S 1284 Lodge S 1320, aa Deide

S 1285 Lodge S 1322 Goedde

S 1286 Lodge S 1324 Goedde

S 1288, aa Brandt S 1325, aa, aaH Lodge

S 1289, aa Lodge, D unklin S 1326, aaH Goedde

S 1290 Goedde S 1327 Darrington

S 1292 Burtenshaw S 1329 King-Barrutia

S 1293 Ingram S 1332 Burtenshaw

S 1294 King-Barrutia, Stennett S 1333 Little

S 1295 Stegner S 1336, aa Ipsen

S 1296 Darrington S 1337 Wheeler

S 1298, aa Sandy S 1340 Hill

S 1301 Cameron S 1341 Goedde

S 1302, aa Schroeder S 1342 Goedde

S 1303 Goedde S 1344 Bunderson

S 1304 Schroeder S 1346, aa Sorensen

S 1308 King-Barrutia S 1347, aa Darrington

S 1311 Bunderson S 1348 Richardson

S 1312, aa Boatright S 1349, aa Darrington 414 SENATE INDEX

SECTION XV

SENATE SPONSORS -- SENATE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

S 1351, aa Dunklin S 1388 Davis

S 1354 Dunklin S 1389, aa Bunderson

S 1356, aa, aa Stennett S 1390, aa, aa Bunderson, Andreason

S 1357 Richardson S 1391, aa, aaH Wheeler, Thorne

S 1358 Sandy S 1394, aa Stennett

S 1359, aaH, aaH Sandy S 1395, aa Boatright

S 1360, aa Deide, K ing-Barrutia S 1396 Goedde

S 1361 Lodge S 1399 Boatright

S 1362 Hill S 1400 Thorne

S 1363 Sims S 1402 Sims

S 1364 Stegner S 1406 Stegner

S 1365 Richardson S 1407 Hill

S 1369 Richardson S 1408 Goedde

S 1370 Lodge S 1410 Schroeder

S 1372 Andreason, Schroeder S 1411 Stegner

S 1374 Keough S 1412 Deide

S 1375 Ipsen S 1414 Sandy, Stennett

S 1378 Hill S 1417 Brandt

S 1379, aaH Stennett S 1419 King-Barrutia

S 1380 Little S 1420 Ipsen

S 1382, aa Ipsen S 1421 Risch

S 1383 Schroeder S 1422 Davis

S 1384 Goedde S 1424 Sandy

S 1385 Davis S 1425 Noh

S 1386 Davis S 1431, aa Deide

S 1387 Davis S 1434, aaH Deide SENATE INDEX 415

SECTION XV

SENATE SPONSORS -- SENATE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

S 1439 Frasure S 1480 Bunderson

S 1442, aa King-Barrutia S 1481 Hawkins

S 1443, aa Ingram S 1482 Boatright

S 1444 Ingram S 1485 Burtenshaw

S 1448, aa Sandy S 1486 Marley

S 1450, aa Geddes, Risch S 1487 Bunderson

S 1451, aaH Dunklin S 1488 Hawkins

S 1454 Andreason S 1489 Richardson

S 1456 Richardson S 1490 Boatright

S 1457 Bunderson S 1491 Richardson

S 1458, aa Boatright S 1492 Burtenshaw

S 1460 Darrington S 1493 Ingram

S 1461 Bunderson S 1494 Keough

S 1462, aa King-Barrutia S 1495 Lodge

S 1463 Keough S 1496 Richardson

S 1464 Burtenshaw S 1499 Schroeder

S 1465 Cameron S 1500 Bunderson

S 1466 Ingram S 1501 Deide

S 1467 King-Barrutia S 1502 Hawkins

S 1468 Sorensen, Dunklin S 1503 Deide

S 1471 Cameron S 1504 Richardson

S 1472, aa, aa Ipsen S 1506 Cameron

S 1474, aaH Deide S 1507 Keough

S 1477 Stennett S 1508 Keough

S 1478, aa, aaH Bunderson S 1509 Richardson

S 1479 Richardson S 1510 Bunderson

S 1511 Marley 416 SENATE INDEX

SECTION XV

SENATE SPONSORS -- SENATE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) SCR NO. SPONSOR(S)

S 1512 Boatright SCR 119 Schroeder

S 1513 Burtenshaw SCR 120 King-Barrutia

S 1514 Marley SCR 121 Boatright

S 1515 Ingram SCR 122 Noh

S 1516 Sandy SCR 123 Sorensen

S 1517 Cameron SCR 124 Andreason

S 1518 Bunderson, Ipsen SCR 125 Williams

S 1519 Bunderson SCR 126 Williams

S 1521 Deide SCR 127 Sims

S 1522 Boatright SCR 128 Noh

S 1523 Boatright SCR 129 Noh

S 1524 Keough SCR 130 Geddes

S 1525 Deide SCR 131 Geddes

S 1526 Hawkins SCR 132 Ipsen

S 1527 Burtenshaw SCR 133 Hawkins

S 1528 Hawkins SCR 134 Noh

S 1529 Geddes

SJM NO. SPONSOR(S)

SJR NO. SPONSOR(S) SJM 110 Davis

SJR 102 Risch SJM 111 Marley

SJR 103, aa Deide SJM 112 Goedde

SJR 104 Sandy SJM 113 Brandt, Keough

SJR 105 Sandy SJM 114 Sandy, King-Barrutia, Stennett

SJR 106 Sandy SENATE INDEX 417

SENATE SPONSORS -- HOUSE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

H 388, aa King-Barrutia H 423 Darrington

H 391 Wheeler H 424 Marley

H 392 Wheeler H 425 Geddes

H 393 Lodge H 426 Boatright

H 394 Lodge H 427 Marley

H 395 Wheeler H 428 Hawkins

H 398 Andreason H 430 Davis

H 399 Goedde H 431 Risch *

H 400 Wheeler H 432 Risch *

H 401 Richardson H 434 Keough

H 402 Stegner H 435 Boatright

H 403 Lodge H 436 Cameron

H 404 Stegner H 439, aaS Bunderson

H 405 King-Barrutia H 440 Stegner

H 406 King-Barrutia H 441 Frasure

H 407 Brandt H 442 Wheeler

H 408 Goedde H 444 Boatright

H 409 Dunklin H 446 Noh

H 410 Lodge H 447 Stennett

H 411 Hill H 448 Little

H 412 Lodge H 449 Deide

H 413 Lodge H 450 Richardson

H 414 Hill H 451 Cameron

H 415 Noh H 452 Hawkins

H 416 Little H 453 Marley

H 419 Brandt H 454 Ipsen

H 420, aa, aaS Geddes H 455 Ipsen

H 422, aa Geddes H 456 Sandy 418 SENATE INDEX

SENATE SPONSORS -- HOUSE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

H 458 Deide H 504 Andreason

H 460 Marley H 505, aa, aaS Stegner

H 461 Boatright H 506 Burtenshaw

H 462 Marley H 508 Burtenshaw

H 464 Ipsen H 509 Boatright

H 467, aa King-Barrutia H 510 Hawkins

H 469, aa Sandy H 511 Cameron

H 471 Thorne H 513 Ipsen

H 477 Boatright H 516 Frasure

H 480 Lodge H 518 Davis

H 481 Frasure H 522 Little

H 482 Frasure H 523, aa, aa Burtenshaw

H 483 Sorensen, King-Barrutia H 524 Sims

H 484 Goedde H 525 Burtenshaw

H 485 Stegner H 528 Noh

H 486, aaS Sorensen H 529, aa Little

H 487, aa Ipsen H 534 Andreason

H 488, aaS Frasure H 535 Hill

H 489 Brandt H 538 Little

H 492 Bartlett H 540 Andreason

H 494 Boatright H 541 Boatright

H 497 Lodge H 543 Dunklin

H 498 Darrington H 546 Goedde

H 499 Richardson H 548, aa Goedde

H 500 Darrington H 549 Stegner

H 501 Lodge H 550, aaS Thorne

H 502 Darrington H 552, aaS Ipsen

H 503 King-Barrutia H 553 Brandt SENATE INDEX 419

SENATE SPONSORS -- HOUSE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

H 555, aa Little, Stennett H 599, aa Dunklin

H 556 Bartlett H 600, aaS King-Barrutia, Davis

H 557 King-Barrutia H 601 Stegner

H 559 Stegner H 602 Richardson

H 560 Richardson H 603 Davis

H 561 Burtenshaw H 604 Andreason

H 564, aa Darrington H 607, aa, aaS Stegner

H 566, aaS Burtenshaw, Stennett H 608, aa Keough

H 567 Goedde H 610, aa, aaS Sandy, Deide

H 569 Noh H 611 Deide

H 570, aa Hill H 612 King-Barrutia

H 572, aa Wheeler H 613 Darrington

H 574 Ipsen H 616 Boatright

H 577 King-Barrutia H 619 Ipsen

H 579, aa King-Barrutia H 620, aa Bunderson

H 581, aa Bartlett H 623 Davis

H 582 Boatright, Wheeler H 627 Davis

H 583 Andreason H 628 Davis

H 584 Goedde H 631 Goedde

H 585, aaS Brandt H 634, aa Dunklin

H 586, aaS Lodge, D avis H 640, aa Bunderson

H 588 Davis H 643, aa Boatright

H 589 Hill H 644 Burtenshaw

H 590, aa Goedde H 645 Noh

H 592 Goedde H 648 Stennett

H 594 Dunklin H 651 Thorne

H 595 Wheeler H 652 Stegner

H 597, aaS Frasure H 653 Thorne 420 SENATE INDEX

SENATE SPONSORS -- HOUSE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S)

H 657 Goedde H 699 Marley

H 658 Darrington H 700 Boatright

H 660 Andreason H 701 Cameron

H 662 King-Barrutia H 702 Darrington

H 663 Keough H 705 Keough

H 665 Ingram H 706 Marley

H 666 Noh H 707 Risch

H 668 Sandy H 708 Cameron

H 669 Sandy H 709 Keough

H 671 Wheeler H 710 Richardson

H 676 Deide H 711 Burtenshaw

H 678, aa Sorensen H 712 Ingram

H 679 Keough H 713 Ingram

H 680 Wheeler H 714 Deide

H 681 Frasure H 715 Boatright

H 683 Deide H 716 Deide

H 684 Bunderson H 719 Burtenshaw

H 685, aa Burtenshaw H 720 Marley

H 687 Andreason H 721 Marley

H 688 Wheeler H 722 Bunderson

H 691 Burtenshaw H 723 Keough

H 692 Richardson H 724 Bunderson

H 693 Bunderson H 726 Noh, Sandy, Stennett

H 694 Boatright H 729 Geddes

H 695 Keough H 731, aa Richardson

H 696 Burtenshaw H 732 Cameron

H 697 Ingram H 733 Ingram

H 698 Cameron H 735 King-Barrutia, Darrington SENATE INDEX 421

SENATE SPONSORS -- HOUSE LEGISLATION VOTED ON IN SENATE -- 2002

BILL NO. SPONSOR(S) HJM NO. SPONSOR(S)

H 736 Burtenshaw HJM 11 Hawkins

H 737 Richardson HJM 12 Bunderson

H 738 Cameron HJM 13 Richardson

H 739 Keough HJM 15 Dunklin

H 740 Ipsen HJM 16 Goedde

HJM 17 Richardson

HCR NO. SPONSOR(S) HJM 18 Brandt

HCR 37 Risch HJM 19 Richardson

HCR 38 Risch HJM 21 Frasure

HCR 40 Richardson

HCR 41 Stegner

HCR 44 Darrington

HCR 46 Richardson

HCR 47 Davis

HCR 48 Goedde

HCR 50 King-Barrutia

HCR 53 Risch

HCR 54 Richardson

HCR 56 King-Barrutia

HCR 57 Hill

HCR 58 Sorensen

HCR 60 Geddes, Sandy

HCR 62 Noh