JOURNAL

of the HOUSE OF REPRESENTATIVES

ORGANIZATIONAL SESSION and FIRST REGULAR SESSION

of the SIXTY-SECOND LEGISLATURE

of the STATE OF 2013

JOURNAL

of the HOUSE OF REPRESENTATIVES

STATE OF IDAHO 2013

TABLE OF CONTENTS

SIXTY-SECOND FIRST REGULAR SESSION - 2013

Page

HOUSE OFFICERS AND ADMINISTRATION...... iv

HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS ...... v

HOUSE STANDING COMMITTEES ...... x

HOUSE ATTACHES...... xii

ORGANIZATIONAL SESSION - December 6 through December 7, 2012 ...... 1

HOUSE JOURNAL - January 7 through April 4, 2013 ...... 7

INDEXES

SPECIAL PROCEDURE INDEX...... 337

BILL INDEX

House Bills ...... 340

House Concurrent Resolutions ...... 353

House Joint Memorials...... 354

House Resolutions ...... 354

House Proclamations ...... 354

Senate Bills Received by the House of Representatives ...... 355

Senate Concurrent Resolutions Received by the House of Representatives ...... 361

Senate Joint Memorials Received by the House of Representatives ...... 362

LAW INDEX - House Bills which Became Law ...... 363

VETO INDEX - House Bills Vetoed by the Governor...... 371

iii HOUSE OFFICERS 2013

SCOTT BEDKE Speaker of the House

MIKE MOYLE JOHN RUSCHE Majority Leader Minority Leader

BRENT J. CRANE GRANT BURGOYNE Assistant Majority Leader Assistant Minority Leader

JOHN VANDER WOUDE DONNA PENCE Majority Caucus Chair Minority Caucus Chair

HOUSE ADMINISTRATION 2013

BONNIE ALEXANDER ...... Chief Clerk of the House

MARYLOU MOLITOR ...... Assistant to the Speaker

TERRI FRANKS-SMITH ...... Chief Fiscal Officer

CLAUDIA HOWELL ...... Sergeant at Arms

CHRIS TAYLOR ...... Assistant Chief Clerk

CARRIE MAULIN ...... Journal Clerk

ROBERT STEWART ...... Assistant Sergeant at Arms

JENNIFER MARTINEZ ...... Minority Chief of Staff

TOM DOUGHERTY ...... Chaplain

iv HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2013

AGIDIUS, LUCINDA L...... District 5

Agricultural Affairs, Business, Education

ANDERSON, ERIC R...... District 1

Ways and Means - Chair, Environment, Energy, and Technology, Resources and Conservation, State Affairs

ANDERSON, NEIL A...... District 31

Commerce and Human Resources - Vice Chair, Environment, Energy, and Technology, Revenue and Taxation

ANDERST, ROBERT...... District 12

Commerce and Human Resources, Environment, Energy, and Technology, Revenue and Taxation

ANDRUS, KEN...... District 28

Agricultural Affairs - Chair, Resources and Conservation, State Affairs

BARBIERI, VITO ...... District 2

Business, Local Government, State Affairs

BARRETT, LENORE HARDY...... District 8

Local Government - Chair, Resources and Conservation, Revenue and Taxation

BATEMAN, LINDEN B...... District 33

Education, Judiciary, Rules, and Administration, Transportation and Defense

BATT, GAYLE L...... District 11

State Affairs - Vice Chair, Agricultural Affairs, Business

BEDKE, SCOTT...... District 27

Speaker of the House

BELL, MAXINE T...... District 25

Appropriations - Chair, Agricultural Affairs

BOLZ, DARRELL...... District 10

Appropriations - Vice Chair, Agricultural Affairs, Judiciary, Rules, and Administration

BOYLE, JUDY...... District 9

Agricultural Affairs - Vice Chair, Education, Resources and Conservation

BURGOYNE, GRANT...... District 16

Assistant Minority Leader Judiciary, Rules, and Administration, Revenue and Taxation, Ways and Means

CHEW, SUSAN B...... District 17

Health and Welfare, Local Government

CLOW, LANCE...... District 24

Business, Education, Local Government v HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2013

COLLINS, GARY E...... District 13

Revenue and Taxation - Chair, Business

CRANE, BRENT J...... District 13

Assistant Majority Leader Business, State Affairs, Ways and Means

DAYLEY, THOMAS ...... District 21

Agricultural Affairs, Judiciary, Rules, and Administration, Revenue and Taxation

DEMORDAUNT, REED...... District 14

Education - Chair, Environment, Energy, and Technology

DENNEY, LAWERENCE...... District 9

Resources and Conservation - Chair, Revenue and Taxation, Transportation and Defense

ERPELDING, MAT ...... District 19

Agricultural Affairs, Resources and Conservation, Revenue and Taxation

ESKRIDGE, GEORGE E...... District 1

Environment, Energy, and Technology - Vice Chair, Appropriations, Resources and Conservation

GANNON, JOHN ...... District 17

Business, State Affairs, Transportation and Defense

GESTRIN, TERRY ...... District 8

Education, Resources and Conservation, Transportation and Defense

GIBBS, MARC...... District 32

Resources and Conservation - Vice Chair, Appropriations, Transportation and Defense

HANCEY, DOUGLAS A...... District 34

Commerce and Human Resources, Health and Welfare, Local Government

HARRIS, STEVEN...... District 21

Commerce and Human Resources, Education, Local Government

HARTGEN, STEPHEN...... District 24

Commerce and Human Resources - Chair, Environment, Energy, and Technology, Revenue and Taxation

HENDERSON, FRANK N...... District 3

Business - Chair, Health and Welfare, Transportation and Defense

HIXON, BRANDON A...... District 10

Business, Health and Welfare, Transportation and Defense

HOLTZCLAW, JAMES ...... District 20

Commerce and Human Resources, Local Government, State Affairs

vi HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2013

HORMAN, WENDY ...... District 30

Education, Judiciary, Rules, and Administration, Local Government

KAUFFMAN, CLARK...... District 25

Business, Revenue and Taxation, Transportation and Defense

KING, PHYLIS K...... District 18

Appropriations, Commerce and Human Resources, Transportation and Defense

KLOC, HY...... District 16

Education, Local Government

LOERTSCHER, THOMAS F...... District 32

State Affairs - Chair, Commerce and Human Resources

LUKER, LYNN M...... District 15

Judiciary, Rules, and Administration - Vice Chair, Local Government, State Affairs

MALEK, LUKE...... District 4

Health and Welfare, Judiciary, Rules, and Administration, Local Government

MCMILLAN, SHANNON ...... District 7

Agricultural Affairs, Judiciary, Rules, and Administration, State Affairs

MELINE, CAROLYN ...... District 29

Judiciary, Rules, and Administration, Local Government, Revenue and Taxation

MENDIVE, RON ...... District 3

Commerce and Human Resources, Education, Environment, Energy, and Technology

MILLER, STEVEN ...... District 26

Agricultural Affairs, Appropriations, Resources and Conservation

MONKS, JASON A...... District 22

Business, Environment, Energy, and Technology, State Affairs

MORSE, ED ...... District 2

Business, Environment, Energy, and Technology, Health and Welfare

MOYLE, MIKE ...... District 14

Majority Leader Resources and Conservation, Revenue and Taxation, Ways and Means

NIELSEN, PETE ...... District 23

Education - Vice Chair, Environment, Energy, and Technology, Judiciary, Rules, and Administration

PACKER, KELLEY ...... District 28

Judiciary, Rules, and Administration, State Affairs, Transportation and Defense

vii HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2013

PALMER, JOE ...... District 20

Transportation and Defense - Chair, Business, State Affairs

PATTERSON, MARK...... District 15

Judiciary, Rules, and Administration, Revenue and Taxation, Transportation and Defense

PENCE, DONNA ...... District 26

Minority Caucus Chair Agricultural Affairs, Education, Resources and Conservation, Ways and Means

PERRY, CHRISTY...... District 11

Health and Welfare - Vice Chair, Judiciary, Rules, and Administration, Local Government

RAYBOULD, DELL...... District 34

Environment, Energy, and Technology - Chair, Resources and Conservation, Revenue and Taxation

RINGO, SHIRLEY G...... District 5

Appropriations, Judiciary, Rules, and Administration, Transportation and Defense

ROMRELL, PAUL ...... District 35

Agricultural Affairs, Commerce and Human Resources, Health and Welfare

RUSCHE, JOHN...... District 6

Minority Leader Business, Environment, Energy, and Technology, Health and Welfare, Ways and Means

SHEPHERD, PAUL E...... District 7

Transportation and Defense - Vice Chair, Education, Resources and Conservation

SIMS, KATHLEEN ...... District 4

Local Government - Vice Chair, Judiciary, Rules, and Administration, State Affairs

SMITH, ELAINE...... District 29

Business, Environment, Energy, and Technology, State Affairs

STEVENSON, THYRA...... District 6

Agricultural Affairs, Appropriations, Business

THOMPSON, JEFF ...... District 30

Business - Vice Chair, Appropriations, Environment, Energy, and Technology

TRUJILLO, JANET...... District 33

Environment, Energy, and Technology, Judiciary, Rules, and Administration, Revenue and Taxation

VANORDEN, JULIE...... District 31

Agricultural Affairs, Commerce and Human Resources, Education

viii HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2013

VANDER WOUDE, JOHN...... District 22

Majority Caucus Chair Environment, Energy, and Technology, Health and Welfare, Resources and Conservation, Ways and Means

WARD-ENGELKING, JANIE ...... District 18

Education, Resources and Conservation

WILLS, RICHARD ...... District 23

Judiciary, Rules, and Administration - Chair, Education, Transportation and Defense

WOOD, FRED ...... District 27

Health and Welfare - Chair, Resources and Conservation

WOOD, JOAN E...... District 35

Revenue and Taxation - Vice Chair, Resources and Conservation, Transportation and Defense

WOODINGS, HOLLI ...... District 19

Commerce and Human Resources, Environment, Energy, and Technology, State Affairs

YOUNGBLOOD, RICK D...... District 12

Appropriations, Business, Transportation and Defense

ix HOUSE STANDING COMMITTEES

Agricultural Affairs (14) Education (16) Andrus, Chairman DeMordaunt, Chairman Boyle, Vice Chairman Nielsen, Vice Chairman Bolz Pence Shepherd Pence McMillan Erpelding Wills Kloc Batt Bateman Ward-Engelking Bell Boyle Agidius Agidius Dayley Clow Miller Gestrin Romrell Harris Stevenson Horman VanOrden Mendive VanOrden Appropriations (10) Environment, Energy, and Technology (17) Bell, Chairman Raybould, Chairman Bolz, Vice Chairman Eskridge, Vice Chairman Eskridge Ringo Anderson(1) Smith Thompson King Hartgen Rusche Gibbs Vander Woude Woodings Stevenson DeMordaunt Miller Nielsen Youngblood Thompson Anderson(31) Anderst Mendive Business (18) Monks Morse Henderson, Chairman Trujillo Thompson, Vice Chairman Collins Smith Health and Welfare (11) Crane Rusche Wood(27), Chairman Palmer Gannon Perry, Vice Chairman Barbieri Hancey Rusche Batt Henderson Chew Agidius Hixon Clow Malek Hixon Morse Kauffman Romrell Monks Vander Woude Morse Stevenson Judiciary, Rules, and Administration (17) Youngblood Wills, Chairman Luker, Vice Chairman Commerce and Human Resources (12) Nielsen Burgoyne Bolz Meline Hartgen, Chairman Bateman Ringo Anderson(31), Vice Chairman McMillan Loertscher King Perry Anderst Woodings Sims Hancey Dayley Harris Horman Holtzclaw Malek Mendive Packer Romrell Patterson VanOrden Trujillo

x HOUSE STANDING COMMITTEES

Local Government (14) State Affairs (16)

Loertscher, Chairman Barrett, Chairman Batt, Vice Chairman Sims, Vice Chairman Anderson(1) Smith Barbieri Chew Andrus Gannon Luker Kloc Luker Woodings Perry Meline Crane Clow Palmer Hancey Sims Harris Barbieri Holtzclaw Holtzclaw Horman McMillan Malek Monks Packer

Transportation and Defense (17)

Resources and Conservation (18) Palmer, Chairman Shepherd, Vice Chairman Denney, Chairman Wood(35) Ringo Gibbs, Vice Chairman Wills King Wood(35) Pence Bateman Gannon Barrett Erpelding Henderson Moyle Ward-Engelking Denney Eskridge Gestrin Raybould Gibbs Andrus Hixon Shepherd Kauffman Wood(27) Packer Boyle Patterson Vander Woude Youngblood Gestrin Miller Anderson(1) Ways and Means (7)

Anderson(1), Chairman Moyle Rusche Crane Burgoyne Revenue and Taxation (16) Vander Woude Pence

Collins, Chairman Wood(35), Vice Chairman Barrett Burgoyne Moyle Erpelding Raybould Meline Denney Anderson(31) Anderst Dayley Hartgen Kauffman Patterson Trujillo

xi HOUSE ATTACHES 2013

ALEXANDER, BONNIE...... **Chief Clerk of the House COSTNER, CATHERINE...... Secretary to Business Committee DOUGHERTY, TOM ...... Chaplain DOWNS, CATHY ...... Minority Leadership Secretary FRANKS-SMITH, TERRI ...... **Chief Fiscal Officer HEATH, DANELLE...... Secretary to Judiciary, Rules, and Administration Committee HOWELL, CLAUDIA ...... Sergeant at Arms JENSEN-PORTER, KIM...... Secretary to Agricultural Affairs Committee KENT, LEAH ...... Secretary to Transportation and Defense Committee MARTINEZ, JENNIFER ...... Minority Chief of Staff MAULIN, CARRIE...... Journal Clerk MOLITOR, MARYLOU ...... Assistant to the Speaker MOORE, IRENE ...... Secretary to Health and Welfare Committee PERKINS, KASEY ...... Secretary to State Affairs Committee SCOTT, SHELBY ...... Minority Leadership Secretary SIMKO, KATHLEEN...... Secretary to Revenue and Taxation Committee STEWART, ROBERT...... Assistant Sergeant at Arms TAYLOR, CHRIS...... Assistant Chief Clerk TIPPS, MARY ...... Secretary to Commerce and Human Resources Committee TIPPS, MARY ...... Secretary to Local Government Committee VANCE, JEAN ...... Secretary to Education Committee WALKER, LYNN...... Secretary to Environment, Energy, and Technology Committee WEITZ, KRISTEN...... Majority Leadership Secretary WERLINGER, SUSAN...... Secretary to Ways and Means Committee WERLINGER, SUSAN...... Secretarial Supervisor WINDER, ROSEE...... Secretary to Resources and Conservation Committee WRIGHT, JACKIE...... Majority Pool Secretary YOST, KATHRYN ...... Secretary to Appropriations Committee ** Permanent Employees HOUSE PAGES: ANDRUS, JOSEPH FERNANDEZ, ISMAEL MAPES, TRAVIS BURK, BROOKLYN FREDERICK, ESTHER NELSON, CHRISTINA CANO, ALBA GASCHLER, BRADY PALMER, JACOB COOPER, SHANNON GHIORSO, FRANCESCA PRIGGE, ANDREA CRITCHFIELD, MALLORY GRAY, BRONSON RITTHALER, REBEKAH DURLAND, WESTON LABRA, ERIC SPENCER, LAURA ENRIQUEZ, JURITZI LLOYD, TASI FAILING, REBECCA MINGUS, JENEVIEVE

xii [December 6, 2012 HOUSE JOURNAL 1

29 ...... (D), Elaine Smith (D) HOUSE JOURNAL 30 ...... Jeff Thompson (R), (R) OF THE 31 ...... Neil A. Anderson (R), Julie VanOrden (R) 32 ...... (R), Thomas F. Loertscher (R) 33 ...... (R), Linden B. Bateman (R) IDAHO LEGISLATURE 34 ...... Douglas A. Hancey (R), (R) ORGANIZATIONAL SESSION 35 ...... JoAn E. Wood (R), (R) SIXTY-SECOND LEGISLATURE IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Idaho. Done at Boise, the Capital of Idaho, this Twenty-eighth day of November, in the year of our Lord, two thousand and twelve, and of the Independence of the United States of America, the two hundred and thirty-seventh. FIRST ORGANIZATIONAL DAY THURSDAY, DECEMBER 6, 2012 /s/ Ben T. Ysursa Secretary of State House of Representatives The Certificate of Election was ordered filed in the office of the Chief Clerk. At the hour of 9 a.m., on Thursday, December 6, 2012, the members-elect of the House of Representatives convened in the House Chamber of the Capitol Building in the City of Boise, with During the interim, Mr. Terry Gestrin was administered the the Honorable , Speaker of the House of the oath of office, and the following Certificate of Appointment was Sixty-first Legislature presiding, assisted by Bonnie Alexander, ordered filed in the office of the Chief Clerk. Chief Clerk of the Sixty-first Legislature. The Chief Clerk read the official proclamation as follows: THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT I, Ben T. Ysursa, Secretary of State of the State of Idaho BOISE, IDAHO and legal custodian of the records of elections held in the State CERTIFICATE OF APPOINTMENT of Idaho, do hereby certify that the following is a full, true and complete list of those elected to serve as members of the House of KNOW ALL MEN, by these Presents, that pursuant to Representatives of the First Regular Session of the Sixty-second the provisions of Section 59-904A, Idaho Code, the District 8 Legislature, as shown by official records on file in my office: Legislative Committee of the Republican Party has submitted a DISTRICT NAME list of three names for consideration in filling a vacancy in the Idaho State House of Representatives. 1 ...... Eric R. Anderson (R), George E. Eskridge (R) NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor 2 ...... (R), (R) of the State of Idaho, by virtue of the authority vested in me do 3 ...... (R), Frank N. Henderson (R) hereby appoint Terry Gestrin of Donnelly, Idaho to the office 4 ...... (R), Kathleen Sims (R) of State Representative, District 8, House Seat A, for a term 5 ...... Lucinda L. "Cindy" Agidius (R), Shirley G. Ringo (D) commencing August 2, 2012 and continuing until the next 6 ...... Thyra Stevenson (R), John Rusche (D) general election when the term of office expires. 7 ...... Shannon McMillan (R), Paul E. Shepherd (R) IN TESTIMONY WHEREOF, I have hereunto set my hand 8 ...... Terry Gestrin (R), Lenore Hardy Barrett (R) and caused to be affixed the Great Seal of the State of Idaho. 9 ...... Lawerence Denney (R), (R) Done at Boise, the Capital of Idaho, this 2nd day of August, 10 ...... Brandon A. Hixon (R), Darrell Bolz (R) in the year of our Lord two thousand and twelve and of the Independence of the United States of America, the two hundred 11 ...... Gayle L. Batt (R), (R) and thirty-seventh year. 12 ...... (R), Rick D. Youngblood (R) 13 ...... Brent J. Crane (R), Gary E. Collins (R) /s/ C.L. "BUTCH" OTTER 14 ...... (R), Reed DeMordaunt (R) Governor 15 ...... Lynn M. Luker (R), Mark Patterson (R) /s/ BEN T. YSURSA 16 ...... Grant Burgoyne (D), (D) Secretary of State 17 ...... John Gannon (D), Susan B. "Sue" Chew (D) 18 ...... Janie Ward-Engelking (D), Phylis K. King (D) Roll call showed 69 members present. 19 ...... Mat Erpelding (D), Holli Woodings (D) Absent and excused – Shepherd. Total – 1. 20 ...... (R), (R) Total – 70. 21 ...... Steven Harris (R), (R) At this time, Speaker Denney administered the oath of office 22 ...... (R), Jason A. Monks (R) to all members-elect. 23 ...... Richard "Rich" Wills (R), (R) 24 ...... (R), (R) Prayer was offered by Chaplain Tom Dougherty. 25 ...... Maxine T. Bell (R), (R) The Pledge of Allegiance was led by Chaplain Tom 26 ...... Steven Miller (R), Donna Pence (D) Dougherty. 27 ...... (R), (R) 28 ...... (R), (R) There being no objection, the House advanced to the Seventh Order of Business. 2 HOUSE JOURNAL December 6, 2012]

Motions, Memorials, and Resolutions Nominations were declared in order for the Speaker of the House. Mr. Moyle presented in nomination the name of Mr. Scott Bedke. Seconded by Mr. Rusche. Mr. Moyle moved that nominations cease and that a unanimous ballot be cast for Mr. Scott Bedke. Seconded by Mr. Rusche. The question being, "Shall the motion carry?" Whereupon the Speaker declared the motion carried by voice vote and Mr. Scott Bedke was elected Speaker of the House. At this time, Mr. Moyle and Mr. Rusche escorted Mr. Bedke to the podium where the oath of office was administered to him by the Honorable Lawerence Denney. At this time, Speaker Bedke took the Chair. Mr. Moyle moved that the House adopt as Temporary Rules and Temporary Joint Rules for the First and Second Sessions of the Sixty-second Legislature, the Rules and Joint Rules as adopted by the Sixty-first Legislature. Seconded by Mr. Rusche. Whereupon the Speaker declared by voice vote that a majority of the members having voted in the affirmative, the motion carried and the Temporary Rules and Temporary Joint Rules were adopted. There being no objection, the House advanced to the Thirteenth Order of Business. Miscellaneous and Unfinished Business At this time, the members selected their seats in accordance with House Rule 67. Mr. Moyle moved that the House recess subject to Call of the Chair. Seconded by Mr. Rusche. Whereupon the Speaker declared the motion carried by voice vote and the House was recessed subject to Call of the Chair.

RECESS Prior to recess, the House was at the Thirteenth Order of Business. Miscellaneous and Unfinished Business There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9 a.m., Friday, December 7, 2012. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 4:53 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [December 7, 2012 HOUSE JOURNAL 3 HOUSE JOURNAL APPROPRIATIONS (10) OF THE Bell, Chairman Bolz, Vice Chairman IDAHO LEGISLATURE Eskridge Ringo ORGANIZATIONAL SESSION Thompson King SIXTY-SECOND LEGISLATURE Gibbs Miller Stevenson Youngblood

SECOND ORGANIZATIONAL DAY FRIDAY, DECEMBER 7, 2012 BUSINESS (18) Henderson, Chairman House of Representatives Thompson, Vice Chairman The House convened at 9 a.m., the Speaker in the Chair. Collins Smith Roll call showed 68 members present. Crane Rusche Absent and excused – Boyle, Shepherd. Total – 2. Palmer Gannon Total – 70. Barbieri Prayer was offered by Chaplain Tom Dougherty. Batt Agidius The Pledge of Allegiance was led by Chaplain Tom Clow Dougherty. Hixon There being no objection, the House advanced to the Kauffman Thirteenth Order of Business. Monks Morse Miscellaneous and Unfinished Business Stevenson Mr. Moyle moved that the House recess subject to Call of the Youngblood Chair. Seconded by Mr. Rusche. COMMERCE AND HUMAN RESOURCES (12) The question being, "Shall the motion carry?" Whereupon the Speaker declared the motion carried by voice Hartgen, Chairman vote and the House was recessed subject to Call of the Chair. Anderson(31), Vice Chairman Loertscher King Prior to recess, the House was at the Thirteenth Order of Business. Anderst Woodings Hancey Miscellaneous and Unfinished Business Harris The following committee assignments were announced by Holtzclaw the Speaker: Mendive Romrell VanOrden STANDING COMMITTEES OF THE HOUSE SIXTY-SECOND IDAHO LEGISLATURE EDUCATION (16) AGRICULTURAL AFFAIRS (14) DeMordaunt, Chairman Andrus, Chairman Nielsen, Vice Chairman Boyle, Vice Chairman Shepherd Pence Bolz Pence Wills Kloc McMillan Erpelding Bateman Ward-Engelking Batt Boyle Bell Agidius Agidius Clow Dayley Gestrin Miller Harris Romrell Horman Stevenson Mendive VanOrden VanOrden 4 HOUSE JOURNAL December 7, 2012]

ENVIRONMENT, ENERGY, AND TECHNOLOGY (17) RESOURCES AND CONSERVATION (17)

Raybould, Chairman Denney, Chairman Eskridge, Vice Chairman Gibbs, Vice Chairman Anderson(1) Smith Hartgen Rusche Wood(35) Pence Vander Woude Woodings Barrett Erpelding DeMordaunt Moyle Ward-Engelking Nielsen Eskridge Thompson Raybould Anderson(31) Andrus Anderst Shepherd Mendive Monks Wood(27) Morse Boyle Trujillo Vander Woude Gestrin HEALTH AND WELFARE (11) Miller

Wood(27), Chairman Perry, Vice Chairman Hancey Rusche REVENUE AND TAXATION (16) Henderson Chew Hixon Malek Collins, Chairman Morse Wood(35), Vice Chairman Romrell Barrett Burgoyne Vander Woude Moyle Erpelding Raybould Meline JUDICIARY, RULES, AND ADMINISTRATION (17) Denney Wills, Chairman Anderson(31) Luker, Vice Chairman Anderst Nielsen Burgoyne Dayley Bolz Meline Hartgen Bateman Ringo Kauffman McMillan Patterson Perry Trujillo Sims Dayley Horman Malek Packer STATE AFFAIRS (16) Patterson Trujillo Loertscher, Chairman Batt, Vice Chairman LOCAL GOVERNMENT (14) Anderson(1) Smith Andrus Gannon Barrett, Chairman Sims, Vice Chairman Luker Woodings Barbieri Chew Crane Luker Kloc Palmer Perry Meline Sims Clow Barbieri Hancey Holtzclaw Harris McMillan Holtzclaw Horman Monks Malek Packer [December 7, 2012 HOUSE JOURNAL 5

TRANSPORTATION AND DEFENSE (17)

Palmer, Chairman Shepherd, Vice Chairman Wood(35) Ringo Wills King Bateman Gannon Henderson Denney Gestrin Gibbs Hixon Kauffman Packer Patterson Youngblood

WAYS AND MEANS (7)

Anderson(1), Chairman Moyle Rusche Crane Burgoyne Vander Woude Pence

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the Organizational Session of the Sixty-second Legislature adjourn Sine Die. Seconded by Mr. Rusche. Whereupon the Speaker declared the motion carried and the Organizational Session of the Sixty-second Legislature adjourned Sine Die at 11:47 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk

[January 7, 2013 HOUSE JOURNAL 7

HOUSE JOURNAL of the officers and employees of the House of Representatives of the First Regular Session of the Sixty-second Idaho Legislature OF THE be determined by the Speaker of the House of Representatives. HOUSE CONCURRENT RESOLUTION NO. 1 IDAHO LEGISLATURE BY MOYLE AND RUSCHE A CONCURRENT RESOLUTION FIRST REGULAR SESSION PROVIDING FOR A JOINT SESSION OF THE HOUSE SIXTY-SECOND LEGISLATURE OF REPRESENTATIVES AND THE SENATE OF THE FIRST REGULAR SESSION OF THE SIXTY-SECOND IDAHO LEGISLATURE FOR THE PURPOSE OF HEARING A MESSAGE FROM THE GOVERNOR. FIRST LEGISLATIVE DAY Be It Resolved by the Legislature of the State of Idaho: MONDAY, JANUARY 7, 2013 WHEREAS, the Governor has informed the House of Representatives and the Senate that he desires to deliver a House of Representatives message to a Joint Session of the House of Representatives and the Senate of the First Regular Session of the Sixty-second Idaho The House convened at 12 noon, January 7, 2013, the time Legislature in the Chamber of the House of Representatives at established for the convening of the First Regular Session of 1 p.m. on Monday, January 7, 2013. the Sixty-second Legislature, the members of the House of NOW, THEREFORE, BE IT RESOLVED by the members of Representatives convened in the House Chamber of the Capitol the First Regular Session of the Sixty-second Idaho Legislature, Building in the City of Boise, with Scott Bedke, Speaker, the House of Representatives and the Senate concurring therein, presiding. that the House of Representatives and the Senate meet in Joint Session on Monday, January 7, 2013, at 1 p.m. for the purpose of Roll call showed all 70 members present. hearing the message from the Governor. At this time the Speaker put the House at ease for the Flag HR 1 and HCR 1 were introduced, read the first time by Ceremony. title, and referred to the Judiciary, Rules, and Administration Prayer was offered by Chaplain Tom Dougherty. Committee for printing. The Pledge of Allegiance was led by Rebecca Failing, Page. Mr. Moyle asked unanimous consent that two committees be appointed by the Speaker; one to notify the Governor, and one Approval of Journal to notify the Senate that the House is organized and ready to do business. There being no objection, it was so ordered. January 7, 2013 Mr. Speaker: The Speaker appointed the following committees to notify We, your COMMITTEE ON JUDICIARY, RULES, AND the Governor and the Senate. ADMINISTRATION, report that we have read and approved the House Journal of the Organizational Session and recommend that Representatives Crane, Barbieri, and Ringo were appointed same be adopted as corrected. as the committee to notify the Governor and Representatives WILLS, Chairman Boyle, Batt, and Pence were appointed as the committee to notify the Senate. The committees were excused. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House returned to the Fifth Order of Business. There being no objection, the House advanced to the Seventh Order of Business. Report of Standing Committees Motions, Memorials, and Resolutions January 7, 2013 Mr. Speaker: HOUSE RESOLUTION NO. 1 We, your COMMITTEE ON JUDICIARY, RULES, AND BY MOYLE AND RUSCHE ADMINISTRATION, report that we have printed HCR 1. A HOUSE RESOLUTION WILLS, Chairman DETERMINING THE SELECTION AND HCR 1 was ordered held at the Desk. COMPENSATION OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES OF THE FIRST REGULAR There being no objection, the House advanced to the Seventh SESSION OF THE SIXTY-SECOND IDAHO LEGISLATURE. Order of Business. Be It Resolved by the House of Representatives of the State of Motions, Memorials, and Resolutions Idaho: HCR 1 - GOVERNOR - STATE OF STATE ADDRESS WHEREAS, House Rule 74 provides that the selection and compensation of the employees of the House of Mr. Moyle moved that all rules of the House interfering with Representatives shall be determined by resolution of the House the immediate consideration of HCR 1 be suspended; that the of Representatives. portions of Section 15, Article 3 of the Constitution of the State NOW, THEREFORE, BE IT RESOLVED by the members of of Idaho, requiring all bills to be read on three several days be the House of Representatives, that the selection and compensation dispensed with, this being a case of urgency; and that HCR 1 be 8 HOUSE JOURNAL January 7, 2013] read the first time by title, second time by title, and third time JOINT SESSION at length, and placed before the House for final consideration. Seconded by Mr. Rusche. Pursuant to HCR 1, the hour of 1 p.m. having arrived, the members of the Senate entered the House Chamber and met in The question being, "Shall the rules be suspended?" Joint Session with Speaker Scott Bedke presiding.

Roll call resulted as follows: Roll call of the House showed all 70 members present. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barrett, Bateman, Bell, Bolz, Burgoyne, Chew, Roll call of the Senate showed all 35 members present. Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, The Pledge of Allegiance was led by Chaplain Tom Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Dougherty. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Prayer was offered by Chaplain Tom Dougherty. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Mr. Moyle asked unanimous consent that one committee be Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, appointed to wait upon the Supreme Court Justices and Appellate Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Court Judges and one to wait upon the Elected Officials and escort Youngblood, Mr. Speaker. Total – 64. them to the House Chamber. There being no objection, it was so NAYS – None. ordered. Absent and excused – Barbieri, Batt, Boyle, Crane, Pence, Ringo. Total – 6. The Speaker appointed Senators Lodge and Bock and Total – 70. Representatives Wills and Burgoyne as the committee to wait upon the Supreme Court Justices and Appellate Court Judges and Whereupon the Speaker declared that more than two-thirds Senators Fulcher and Werk and Representatives Gibbs and Smith of the membership having voted in the affirmative, the motion as the committee to wait upon the Elected Officials and escort carried, the rules were suspended, and HCR 1 was read the first them to the House Chamber. The committees were excused. time by title, second time by title, and third time at length, and placed before the House for final consideration. Mr. Moyle asked unanimous consent that the Speaker appoint a committee to wait upon the Governor and escort him to the House Chamber. There being no objection, it was so ordered. At this time, the Speaker recognized Mr. Moyle to open debate. The Speaker appointed Senators Davis and Stennett and Representatives Moyle and Rusche as the committee to wait The question being, "Shall HCR 1 be adopted?" upon the Governor and escort him to the House Chamber. The committee was excused. Whereupon the Speaker declared HCR 1 adopted by voice vote and ordered the resolution transmitted to the Senate. The committee appointed by the Speaker escorted the Supreme Court Justices and the Appellate Court Judges to the House Chamber where they were presented to the Joint Session. The committee appointed to notify the Governor that the House was in session returned to the House and reported they The committee appointed by the Speaker escorted the Elected had conveyed the message to the Governor and that the Governor Officials to the House Chamber where they were presented to the sent his greetings and best wishes for a productive session. The Joint Session. committee was thanked and discharged by the Speaker. The committee appointed by the Speaker escorted the The committee appointed to notify the Senate that the House Governor to the House Chamber. was in session returned to the House and reported that they had conveyed the message to the Senate, and the Senate returned its His Excellency, the Governor of the State of Idaho, C.L. best wishes for a productive session. The committee was thanked "Butch" Otter, was introduced by the Speaker and the following and discharged by the Speaker. State of the State Message and Budget Address was delivered by Governor Otter. At this time, Senators acting as a committee from the Senate, were escorted into the House Chamber to notify the House of * * * * * Representatives that the Senate was organized and ready for business. The Speaker thanked the committee. Mr. Speaker, Mr. President, Honorable Justices, my fellow constitutional officers, distinguished legislators and members of Mr. Moyle asked unanimous consent that a committee be my Cabinet, honored guests, friends, my family and our First appointed to wait upon the Senate and escort the Senators to the Lady my fellow Idahoans. House Chamber for the purpose of attending the Joint Session. There being no objection, it was so ordered. Thank you for inviting me to provide my perspective on where the past year has taken us and where we should go from The Speaker appointed Representatives Loertscher, here. Bateman, and Chew as the committee to wait upon the Senate. The committee was excused. Before I begin, please join me in paying tribute to Colonel Jerry Russell, who's retiring as Idaho State Police director after a The committee appointed to wait upon the Senate returned distinguished career in law enforcement; and also to Donna Jones, and reported that the Senate was waiting to enter the House our dear friend and former legislator who stepped down as State Chambers. The Speaker thanked and discharged the committee. [January 7, 2013 HOUSE JOURNAL 9

Controller to focus on recovering from a terrible car accident in We all want an Idaho where government works fairly and 2012. effectively to improve public efficiency, transparency and what the Founders called the "general welfare" of the people. They have my sincere thanks and deep regard for their years of dedicated service to the people of Idaho. We all want an Idaho where government promotes and protects equal justice under law while carefully, consistently I also want to congratulate all the members of this 62nd Idaho and fiercely safeguarding individual and private property rights Legislature on your election. Thank you for your public service. guaranteed by the Constitution. It's an honorable pursuit, and I appreciate your willingness to take it on. And as other institutions, states and nations struggle and often fail to find fiscal balance, we all understand that our My congratulations as well to the Legislature's newly elected responsibilities must be met within the people's means. leadership teams - House and Senate, Republican and Democrat. Thank you for stepping up to the challenge of constructively I hope you share my commitment to ensuring that our State channeling the civic virtue within your respective caucuses government never grows as fast as our economy and the people's into public policy that reflects the will of your constituents, the ability to pay for it. directives of our Constitution, and the better angels of your own conscience. So with that as a starting point, I am submitting a budget recommendation today calling for a 3.1-percent increase in As many of you know, March 4th of this year - 2013 - General Fund spending. That reflects slow but steady growth marks the 150th anniversary of Idaho officially becoming a U.S. in our economy - an estimated 5.3-percent revenue increase for territory. fiscal year 2014. President Abraham Lincoln signed the act of Congress just It also reflects great uncertainty due to irresponsible federal two months after issuing the Emancipation Proclamation, and leadership, and our continuing need for caution and prudence in eight months before speaking some of the most cherished and the collection and expenditure of the people's hard-earned dollars. timeless words in American history at the site where thousands of Americans lost their lives in battle - Gettysburg. But I am pleased to report that I've done as promised and brought you a General Fund budget recommendation that is I'm sure many of you also know that the new Idaho Territory structurally sound, with no one-time revenue used for ongoing was created by carving out areas from other newly formed financial obligations. jurisdictions. Like you, my highest priority remains public schools. You That made for a geographic hybrid, and in a wartime will find that my budget recommendation includes increased wilderness Idaho was left to create its own identity and its own funding for K-12 education. way forward. However, I do NOT seek to simply revisit issues related It was the birth of Idaho's fierce independence and steadfast to school improvement that were raised in the recent election. commitment to individual liberty that remain defining qualities of Instead, I've asked the State Board of Education to assemble a our state and our people. broad cross-section of stakeholders to study the message voters sent us and identify elements of school improvement on which Now most of us live in relative comfort and plenty - the there is broad agreement. frontier tamed, the desert abloom, our state and the world seemingly filled with marvels our pioneer forefathers never I'm convinced that acting too quickly or without due imagined. But the search for our own identity and way forward deliberation will generate needless distraction from our goals continues. of improving efficiency, effectiveness, transparency and accountability in our education system. Idaho is a work in progress, and what's past is prologue. No less today than in 1863 - and in many ways more than There was no electoral mandate for the changes we proposed ever - WE citizens of Idaho have the opportunity and indeed the on November 6th. But I also heard no clarion call for the status obligation to chart a path forward reflecting our independence, quo. our self-reliance and our love of liberty. What I heard was dissatisfaction with the process and a We are the products of the "new birth of freedom" that plea for more collaborative leadership. We must respond with Lincoln proclaimed at Gettysburg. appropriate sensitivity and care. Today I'd like to talk with you about how we use that freedom Let me say it again: I am neither calling for nor expecting to advance our shared goals and values. major school improvement measures this year. But I believe there are areas in which we can make progress, and I encourage you That involves thinking about public policy and the proper and all citizens to engage in that public discussion. It's our very role of government in terms of the next generation - not just the best chance to strengthen the foundation of our future. next election - in order to build a more responsible, sustainable and inclusive future. Likewise, it is with our future in mind that my budget recommendation for fiscal 2014 builds on the great work you We all want an Idaho where government wisely uses have already done in starting to refill our rainy day accounts. As the people's resources to provide the public services and you know, we are putting a total of almost $71 million in the infrastructure needed for our citizens' safety, health and security. Budget and Public Education stabilization funds by the end of this fiscal year. We all want an Idaho where government encourages the creation of career opportunities and ensures citizens can prepare For next year I'm calling for that effort to continue as a hedge for those careers right here at home. against national and global economic and fiscal uncertainty. 10 HOUSE JOURNAL January 7, 2013]

The Great Recession showed us beyond any doubt the value I would be remiss today if I failed to extend my gratitude of maintaining a healthy financial reserve. As much as any other to the J.A. and Kathryn Albertson Foundation for its continued factor, it set Idaho apart from most other states in response to generous financial support of Idaho education. tough times. It most recently granted $5 million to the University of Idaho We must exercise foresight and frugality while working to and Northwest Nazarene University to establish technology sustain and grow our economy. Building up our rainy day funds learning and innovation centers for teachers. provides the kind of budget stability that Idaho taxpayers need and expect. That's a godsend for our efforts to improve and expand technology in Idaho classrooms, and I'm confident it will result Budget stability and fiscal responsibility also are key parts in development of more educators like Katie Pemberton of of our State efforts to promote economic development and job Canfield Middle School in Coeur d'Alene. creation. They are essential to enabling existing businesses to grow and new enterprises to make their home here, as well as Many of you know that Katie is our 2013 Idaho Teacher advancing the kinds of public-private partnerships that will be an of the Year, and she's earned that recognition in part by making increasing part of America's 21st century social dynamic. technology a cornerstone of her math classes at Canfield. Neither government nor business alone can provide all the Such responsive, forward-looking people and programs ingredients necessary for progress. We must leverage our limited are helping lift our statewide economic activity to almost $58 resources toward realizing unlimited opportunities together. billion a year. That's up from about $51.5 billion just a few years ago. And that puts achievement of my Project 60 economic That's the idea behind IGEM - the Idaho Global development goal well within reach, and soon. Entrepreneurial Mission, which you created last year. You will hear much more about its work as the IGEM Council reports to But $60 billion a year isn't a finish line; it's only a benchmark. the germane House and Senate committees. Let me tell you just how committed many of our Idaho But I can tell you that never before have our three research entrepreneurs are to seeing that milestone in the rearview mirror. universities worked together more collaboratively or been more committed to finding common ground and mutual benefit with Doug Sayer of Premier Technology in Blackfoot recently our business leaders. made a simple but profound change in the way he does business - shifting to Idaho suppliers for a greater share of everything Together with the Idaho National Laboratory and the Center he buys for his company's operations. And he did it without for Advanced Energy Studies - and given time and our sustained sacrificing quality or profitability. support - they will nurture a rising tide of economic activity that will lift all our boats. Now he's challenging other Idaho business leaders to join him in that endeavor. Meanwhile, Commerce Director Jeff Sayer, Labor Director Roger Madsen and the State Board of Education, our universities Doug is working with the Idaho Association of Commerce and our community colleges are preparing our workforce, and Industry and other organizations to spread the word, and encouraging our employers and putting the right policies and I've agreed to help by issuing a challenge of my own to Idaho programs in place for a more prosperous Idaho. businesses: Make it a priority to invest here at home. Join Premier Technology and others in devoting a greater percentage At North Idaho College, new President Joe Dunlap is using of your supply-chain purchases to Idaho vendors. a $3 million federal grant to create an aerospace center in Coeur d'Alene to meet the workforce demands of a growing industry That step alone can help ensure we're providing Idaho in the Panhandle. It's a watershed event for the region. Such enterprises with every possible chance for success, and creating employers as Empire Aerospace, Tamarack Aerospace and Quest more Idaho jobs in the process. Aircraft are building a critical mass of manufacturing, service This goes well beyond the Buy Idaho organization that's and support operations. still flourishing more than 25 years after I helped start it. And Growing a highly skilled northern Idaho workforce will help it's especially gratifying to see a grassroots initiative from our advance that process. responsible and engaged corporate citizens and employers. At the College of Western Idaho, President Bert Glandon is My thanks to them for advancing this proposal, and for working with the Idaho Technology Council on developing an working to see that its promise is realized. industry certified software developer program to help address a There's another investment that Idaho taxpayers are making chronic shortage of qualified workers for the growing technology in job creation. sector here in the Treasure Valley. It's called the Hire One Act, which you approved at my CWI also recently opened an impressive Professional request in 2011. Technical Education center in Nampa to help meet rapidly expanding employer and student needs. We'll soon see how many employers took advantage of the income tax credit it provides for creating new jobs as those And at the College of Southern Idaho, new and growing businesses start filing their 2012 tax returns. businesses like Chobani and Glanbia have President Jerry Beck working to accommodate the workforce needs of the Magic But a number of companies already have told us that Valley's rapidly expanding value-added industry by building an the terms and conditions of qualifying for that incentive are $8.5 million Applied Technology and Innovation Center. [January 7, 2013 HOUSE JOURNAL 11 too complex and onerous to be the useful tool we'd hoped in Rather, it's focused on assessing our long-term options for economic development. securing, enhancing and leveraging work being done at the Idaho National Laboratory and the Center for Advanced Energy So I'm bringing you legislation this year to address those Studies. concerns and reflect our changing conditions and needs. It simplifies, clarifies and streamlines the law so that our local and To do otherwise ignores the existing impact and the state economic development experts can maximize its potential enormous untapped potential of those operations and their for growing our workforce and our tax base. private-sector spinoffs - not just in eastern Idaho, but throughout our state and the entire region. In addition, my new Hire One More Employee or HOME Act recognizes the special needs and our special responsibility to I am as committed as ever to enforcing the terms of our 1995 veterans - including the brave men and women returning home agreement with the federal government to get all nuclear waste from the Global War on Terror, whose unemployment rate is out of Idaho by 2035. much higher than the overall percentage of jobless Americans. But the Yucca Mountain facility in Nevada may never open, That's a national disgrace, and our State agencies are leaving fulfillment of the agreement at the mercy of the feds' working together to focus public attention and address the failure to secure a permanent waste repository. That leaves the problem through the Hire One Hero program. matter of preparing for an uncertain future to us. My new legislation is intended to provide one more reason A 30-day public comment period on the seven key questions for employers to consider veterans, besides their skills, training raised by the LINE Commission ended last Friday. A final report and work ethic. Beyond a 4-percent income tax credit for will be submitted to me by January 31. each new employee they hire, it also would add $1,000 to the employer's tax credit for each of those new employees who also Mr. Speaker, Mr. Pro Tem, I encourage you to add hearings are veterans. on that report to your busy legislative agenda in order to broaden and advance the discussion. Tragically, some of our Idaho heroes don't come home. In 2012, we lost: Of course, your agenda already includes discussions on eliminating the personal property tax - which nearly everyone Lance Corporal Kenneth Cochran of rural Canyon County agrees is an unfair drag on our economy. Sergeant Daniel J. Brown of Twin Falls I believe we now have consensus that accomplishing that should be a priority for this legislative session. The question is Specialist Chris Workman of Rupert how. Specialist Cody Moosman of Preston As you know, personal property tax receipts are a significant part of how some of our counties pay for public services. Whether Specialist Ethan Martin of Bonners Ferry, and the tax is eliminated all at once or phased out over a few years Private First Class Shane Wilson of Kuna is less important to me than an exit strategy that considers our counties' financial stability. And yes, we still await the release from Taliban custody and pray for the homecoming of Bowe Bergdahl. Please join me in That isn't necessarily about using State revenues to make honoring the valor and sacrifice of these Idaho war fighters, and counties "whole." In fact, my preference is granting local-option in reaffirming our own commitment to protecting and defending taxing authority that enables county voters to decide for the American and Idaho way of life. themselves how to address their most pressing needs. However, I also have set aside $20 million in my budget for easing counties' For those Idaho veterans now returning to civilian life, even transition. I look forward to hearing your debate and considering our difficult job market is substantially better than it was a year your alternatives. ago. Like our counties, our State has the right and we certainly Our unemployment rate has fallen more than 20 percent in have the responsibility to keep as many options as possible open the past 17 months. to the people. And while growth has been limited, our economy IS That's part of the dynamic behind my recent decision to recovering from the loss of more than 50,000 jobs during the pursue a state-based health insurance exchange rather than Great Recession. defaulting to total federal control of that process. One significant sign of recovery is Idaho's first reduction in Rejecting the opportunity to assert ourselves will result in an unemployment insurance rates in several years. It will result in unresponsive, one-size-fits-all federal exchange wreaking havoc about $50 million in savings to Idaho employers in 2013 alone. on some of America's most reasonable costs of coverage. That will give those businesses more flexibility to invest in At its core, this is a matter of state's rights. capital improvements, expansion, and we hope even more job creation. You all know how I feel about Obamacare. I will continue encouraging and supporting efforts by our Idaho congressional Career and economic growth opportunities are also at the delegation and many others to repeal and replace the law. But the heart of the work being done by my Leadership in Nuclear Energy fact remains that for now and for the foreseeable future it is the or LINE Commission. law. Contrary to what you might see in the news, its work is not And as responsible elected officials we're sworn to uphold about making Idaho the nation's nuclear dumping ground. the rule of law - not just those laws that we support. 12 HOUSE JOURNAL January 7, 2013]

So I urge you to look beyond the important work of changing One would fund rural rotation training for each of the 24 a misguided federal law to the essential task at hand for those of participants in the Internal Medicine Residency program at us in this chamber today - preserving for Idaho citizens the option the Boise VA Medical Center. The federal government pays of having a voice in how one element of that law is implemented. for student costs in other aspects of the program, but not rural rotations. I soon will be introducing legislation affirming my decision. We know that internal medicine residency graduates are My door is open to discussing the challenges and our shared twice as likely to practice primary care if they have a rural frustrations, and Department of Insurance Director Bill Deal training experience. is ready to answer your questions and explain the process. I'm grateful to Bill and the working group that he led on this issue, In fact, a recent national study found that rural training is the including Senator John Goedde, Representative John Rusche and only kind of residency program that increases the number of new Representative Lynn Luker. physicians entering the primary care field. The other Obamacare provision I want to address briefly Besides giving us a better chance of keeping these doctors in today is Medicaid. Idaho after their residency, the rural training itself provides direct care to more than 25,000 Idaho citizens - including 1,500 Idaho As you know, the U.S. Supreme Court exempted states National Guard members who returned from deployment a little from the mandate to expand Medicaid eligibility to more over a year ago. low-income adults. But that leaves us with both a question and an opportunity: What will federal Medicaid changes mean for My second budget recommendation calls for funding five our own Catastrophic Health Care or "Cat" fund, and is there a additional seats in the WWAMI collaborative medical school better way forward for Idaho? program at the University of Washington. Those extra seats would go to students in the Targeted Rural and Under-Served Health and Welfare Director Dick Armstrong led a Track or TRUST program, designed to turn more Idaho students Medicaid working group I assembled last summer that included into Idaho physicians. Representative Fred Wood, Senator Patti Anne Lodge and Senator Dan Schmidt. They did a great job of analyzing this Like the rest of my budget, both these requests deserve your sensitive issue and developing a thoughtful recommendation. strong support. It sets some specific and significant conditions on expanding Before I leave the topic of health care, let me tell you a little coverage for the working poor in Idaho. They include a greater about a program for which there is no General Fund request focus on personal accountability and steps for encouraging but which could have a major impact on how we administer preventive measures and healthy behaviors. Medicaid in the years to come. It's called the Idaho Medical Home Collaborative, and it was established by my executive In addition, the working group called for basing incentives order in September 2010 to implement a patient-centered model for Medicaid reimbursements not on the number of patients a of care. provider sees but rather on how successfully they keep people healthy. That involves improving accountability by building personal relationships between medical home physicians and their patients As you'll hear in a moment, we have some pretty good ideas - a new approach to the old-fashioned idea of making health care about that kind of managed care model. But there's a lot more decisions a more personal process. work to do, and we face no immediate federal deadline. We have time to do this right, and there is broad agreement that the existing Medicaid program is broken. So I'm seeking no expansion of Starting this month, 23 organizations will participate in a those benefits. pilot program involving 290,000 patients. It will test medical home theory in urban and rural areas and in medical practices Instead, I'm asking Director Armstrong to lead an effort to large and small. flesh out a plan for changing Idaho's system with an eye toward the potential costs, savings and economic impact. I hope to All three of Idaho's private health insurers are participating, return in 2014 with specific proposals based on that work, and I as well as Medicaid. I look forward to watching the progress of encourage all Idahoans to get involved with this process. our Medical Home Collaborative in improving care and holding down costs for Idaho patients. Now, putting aside our federal challenges, I'd like to update you on what the State of Idaho is doing to help achieve our own There is another population of Idahoans for whom "care" is goal of more affordable, accessible health care for all our citizens. a matter of public safety. First, here are some scary numbers: Idaho has the sixth-oldest We all saw just a few weeks ago the terrible impact on a physician workforce in America, and we rank 49th in the nation community and a nation when mental illness leads to tragedy. for doctors per capita. Cost is just one of the enormous barriers to effectively That's a formula for trouble unless we step up our efforts addressing the challenges of protecting the public from those to get beyond the 20 medical school seats available for Idaho whose illness leads them to commit unspeakable acts. Those students each year. It's the same number available to us since challenges deserve our earnest discussion. But we also must act 1972, when Idaho's population was less than half the 1.5 million where and how we can to reduce the risk. people we have today. More than a quarter of the inmates in our State prison system You will find in my budget recommendation two proposals have some level of mental illness. for improvement. [January 7, 2013 HOUSE JOURNAL 13

Many can be housed safely within appropriate settings in for executing our management policies and evaluating their our existing facilities. But others need higher levels of care, effectiveness. more treatment and more intensive intervention for their own safety and that of others. That's why I support the Department of It goes to the very heart of the data-driven policy making I've Correction's request for permission to issue $70 million in bonds been promoting throughout my administration. for a 579-bed secure mental health facility at the prison complex My thanks to Water Resources Director Gary Spackman and south of Boise. members of the Water Resource Board, the water-user community Correction Director Reinke has discussed this proposal and the public at large for participating in this important work. with some of you. Now he stands ready to make his case for It will help guide how we use, protect and replenish our water reauthorizing the previous request you approved - which would supplies for a more sustainable future. have built a smaller facility at the same cost. Of course, our best chance for sustaining our Idaho way of No one likes spending money on prisons or inmates. But life is an engaged public. public safety is increasingly compromised by our inability to During the past year I've conducted Capital for a Day in provide secure housing and appropriate treatment for mentally communities throughout Idaho, from Nordman to Victor and ill offenders. Ashton to Fruitland. I've met with hundreds of individual citizens So I appreciate your careful and considered attention to of every age, education, occupation and political view - including helping us avoid more costly measures being imposed by federal many legislators, and I thank you for participating in those open courts. community forums. We're all painfully aware of the damage that federal court What all of the people I've met at Capital for a Day have in rulings can do to our traditional industries and our Idaho lifestyle. common - and what they share with those of us in this chamber - We need look no further than the Endangered Species Act to are civic virtue and a deep commitment to retaining and building see the essential conflict between federal and state priorities - on what is great about Idaho. especially when it comes to our natural resources. That greatness plays out not only in what makes the headlines Even putting aside wolves and grizzly bears, there's no or the evening news, and certainly not only in what we do here, doubt that the threat of federal edicts on sage-grouse, slickspot but more fundamentally in what our people do in their own lives peppergrass, woodland caribou and other species have a profound and communities. impact not only on public policy here in Idaho but also on how our farmers, ranchers and others can pursue their livelihoods. I was proud to note that Idaho recently was ranked as second only to our neighbor Utah for the rate at which our We are working proactively to avoid worst-case scenarios citizens volunteer to uplift and improve the lives of others. More and to assert our rights as a state. than a third of us gave of ourselves in 2011, and we as a state contributed an estimated $1.4 billion worth of service. However, this past year we reaped the whirlwind sown by federal neglect and mismanagement of our public lands. I'm confident that level of personal philanthropy continued and even grew in 2012, and that we'll keep paying it forward in Wildfire suppression costs alone approached a quarter-billion 2013 and beyond - because volunteering and taking care of our dollars - not counting huge impacts on the environment, public own is in our DNA. It's who we are. It's who you are, and I'm health, property, and the unrealized benefits of healthy, actively proud to join you in pressing ahead toward an ever-brighter and managed forests and rangeland. more hopeful future for us all. Then there was Anne Veseth, a 20-year-old Lewis-Clark State College student from Moscow. Thank you for your time and attention. I wish you all the best in your work here, and may God continue to bless Idaho and the Ann was killed in August while working as a seasonal United States of America. firefighter for the U.S. Forest Service in Clearwater County. * * * * * We owe her and thousands like her a fighting chance while protecting our forests and rangelands. That's why my budget The Speaker thanked Governor Otter. includes a $400,000 request to help create four more volunteer fire protection associations like the one formed by Mountain The committee appointed to wait upon the Governor came Home-area ranchers last summer. forward and escorted him from the House Chamber and was, on its return, thanked and discharged by the Speaker. Nonprofit groups like theirs can assist the BLM, Idaho Department of Lands and rural fire districts in fighting and maybe The committee appointed to wait upon the Supreme Court even preventing catastrophic wildfires on the nearly two-thirds Justices and the Appellate Court Judges came forward and of Idaho land "managed" by the federal government. escorted them from the House Chamber and was, on its return, thanked and discharged by the Speaker. Another example of our Idaho preference for actively managing our precious natural resources is the newly revised The committee appointed to wait upon the Elected Officials State Water Plan being submitted for your approval this session. came forward and escorted them from the House Chamber and was, on its return, thanked and discharged by the Speaker. It's the first update since 1996, and it reflects use of the latest technology in better evaluating our needs and the status of our Mr. Moyle moved that the Governor's State of the State water supplies. Message and Budget Address be printed in both the House and Senate Journals. Seconded by Mr. Rusche. Just as importantly, for the first time the plan is about more than our goals - it also includes strategies and milestones The question being, "Shall the motion carry?" 14 HOUSE JOURNAL January 7, 2013]

Whereupon the Speaker declared the motion carried by voice vote and ordered the Governor's State of the State Message and Budget Address printed in both the House and Senate Journals. Mr. Moyle moved that the Joint Session be dissolved. Seconded by Mr. Rusche. Motion carried. The Senate returned to its Chamber. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, January 8, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 8, 2013 HOUSE JOURNAL 15

HOUSE JOURNAL the First Regular Session of the Sixty-second Idaho Legislature. Seconded by Mr. Rusche. OF THE Chief Clerk of the House ...... Bonnie Alexander Chaplain ...... Tom Dougherty IDAHO LEGISLATURE Minority Secretary ...... Cathy Downs Chief Fiscal Officer ...... Terri Franks-Smith FIRST REGULAR SESSION Sergeant at Arms ...... Claudia Howell SIXTY-SECOND LEGISLATURE Minority Chief of Staff ...... Jennifer Martinez Journal Clerk ...... Carrie Maulin Floor Doorkeeper...... Gary McCalmant Assistant to the Speaker ...... MaryLou Molitor SECOND LEGISLATIVE DAY Minority Secretary ...... Shelby Scott TUESDAY, JANUARY 8, 2013 Assistant Sergeant at Arms ...... Robert Stewart Assistant Chief Clerk ...... Chris Taylor Secretarial Supervisor ...... Susan Werlinger House of Representatives Majority Pool Secretary ...... Jackie Wright The House convened at 11 a.m., the Speaker in the Chair. Committee Secretaries: Roll call showed 67 members present. Business ...... Catherine Costner Absent and excused – Boyle, Denney, Eskridge. Total – 3. Agricultural Affairs ...... Kim Jensen-Porter Total – 70. Transportation & Defense ...... Leah Kent Prayer was offered by Chaplain Tom Dougherty. Health & Welfare ...... Irene Moore Judiciary, Rules, & Administration ...... Stephanie Nemore The Pledge of Allegiance was led by Rebekah Ritthaler, State Affairs ...... Kasey Perkins Page. Revenue & Taxation ...... Kathleen Simko Commerce & Human Resources ...... Mary Tipps Approval of Journal Local Government ...... Mary Tipps Environment, Energy, & Technology ...... Jean Vance January 8, 2013 Education ...... Lynn Walker Mr. Speaker: Ways & Means ...... Susan Werlinger We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the Resources & Conservation ...... Rosee Winder House Journal of the First Legislative Day and recommend that Appropriations ...... Kathryn Yost same be adopted as corrected. WILLS, Chairman Pages: Alba Cano Shannon Cooper Mr. Wills moved that the report be adopted. Seconded by Weston Durland Juritzi Enriquez Mr. Burgoyne. Report adopted. Rebecca Failing Brady Gaschler Consideration of Messages from the Bronson Gray Tasi Lloyd Governor and the Senate Travis Mapes Jacob Palmer Rebekah Ritthaler January 8, 2013 Mr. Speaker: I return herewith HCR 1 which has passed the Senate. Whereupon the Speaker declared the motion carried by NOVAK, Secretary voice vote and administered the oath of office to the above named attaches. HCR 1 was referred to the Judiciary, Rules, and There being no objection, the House advanced to the Administration Committee for enrolling. Thirteenth Order of Business. Report of Standing Committees January 8, 2013 Miscellaneous and Unfinished Business Mr. Speaker: The following committee assignments were made: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HR 1. Attache Committee WILLS, Chairman Representative Bell, Chairman Representative Luker HR 1 was filed for second reading. Representative Dayley There being no objection, the House advanced to the Seventh Order of Business. Memorial Committee Motions, Memorials, and Resolutions Representative Gibbs, Chairman Representative Batt Mr. Moyle moved that the following persons be approved Representative Woodings as attaches to serve the House of Representatives for and during 16 HOUSE JOURNAL January 8, 2013]

Lincoln Day Committee Representative Hartgen, Chairman Representative Packer Representative Ward-Engelking

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11:15 a.m., Wednesday, January 9, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:15 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 9, 2013 HOUSE JOURNAL 17

HOUSE JOURNAL The correspondence was ordered filed in the office of the Chief Clerk. OF THE Report of Standing Committees IDAHO LEGISLATURE January 9, 2013 Mr. Speaker: FIRST REGULAR SESSION We, your COMMITTEE ON JUDICIARY, RULES, AND SIXTY-SECOND LEGISLATURE ADMINISTRATION, report that we have enrolled HCR 1. WILLS, Chairman The Speaker announced he was about to sign enrolled HCR 1 and, when so signed, ordered it transmitted to the Senate THIRD LEGISLATIVE DAY for the signature of the President. WEDNESDAY, JANUARY 9, 2013 There being no objection, the House advanced to the Tenth Order of Business. House of Representatives Second Reading of Bills and Joint Resolutions The House convened at 11:15 a.m., the Speaker in the Chair. HR 1, by Moyle and Rusche, was read the second time by Roll call showed 68 members present. title and filed for third reading. Absent and excused – Gannon, Malek. Total – 2. There being no objection, the House advanced to the Total – 70. Thirteenth Order of Business. Prayer was offered by Chaplain Tom Dougherty. Miscellaneous and Unfinished Business The Pledge of Allegiance was led by Bronson Gray, Page. Representative Eric Anderson was appointed to the Approval of Journal Resources and Conservation Committee. January 9, 2013 RESOURCES AND CONSERVATION (18) Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Denney, Chairman ADMINISTRATION, report that we have read and approved the Gibbs, Vice Chairman House Journal of the Second Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Wood(35) Pence Barrett Erpelding Mr. Wills moved that the report be adopted. Seconded by Moyle Ward-Engelking Mr. Burgoyne. Report adopted. Eskridge Consideration of Messages from the Raybould Governor and the Senate Andrus OFFICE OF THE GOVERNOR Shepherd Boise Wood(27) Boyle January 7, 2013 Vander Woude The Honorable Scott Bedke Gestrin Speaker of the House Miller Anderson(1) As required by Section 57-1601, Idaho Code, I am transmitting the following report of the Governor's Emergency There being no objection, the House advanced to the Fund for fiscal years 2012 and 2013. Sixteenth Order of Business. Balance as of July 1, 2011 $83,744.48 Adjournment No activity in fiscal year 2012 Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, January 10, 2013. Seconded by Mr. Rusche. Motion Balance as of June 30, 2012 $83,744.48 carried. No activity year-to-date in fiscal Whereupon the Speaker declared the House adjourned at year 2013 11:23 a.m. SCOTT BEDKE, Speaker Balance as of December 31, 2012 $83,744.48 ATTEST: As Always - Idaho, "Esto Perpetua" BONNIE ALEXANDER, Chief Clerk /s/ C.L. "Butch" Otter Governor 18 HOUSE JOURNAL January 10, 2013]

HOUSE JOURNAL NAYS – None. Absent and excused – Anderson(01), Henderson, Nielsen, OF THE Vander Woude. Total – 4. Total – 70. IDAHO LEGISLATURE Whereupon the Speaker declared HR 1 adopted and ordered the resolution filed in the office of the Chief Clerk. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 8 a.m., Friday, FOURTH LEGISLATIVE DAY January 11, 2013. Seconded by Mr. Rusche. Motion carried. THURSDAY, JANUARY 10, 2013 Whereupon the Speaker declared the House adjourned at 11:13 a.m. House of Representatives SCOTT BEDKE, Speaker The House convened at 11 a.m., the Speaker in the Chair. ATTEST: Roll call showed 68 members present. BONNIE ALEXANDER, Chief Clerk Absent and excused – Anderson(01), Vander Woude. Total – 2 Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Shannon Cooper, Page. Approval of Journal January 10, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Third Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Eleventh Order of Business. Third Reading of Bills and Joint Resolutions

HR 1 - HOUSE ATTACHES - COMPENSATION HR 1 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Moyle to open debate. The question being, "Shall HR 1 be adopted?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. [January 11, 2013 HOUSE JOURNAL 19

HOUSE JOURNAL AND PROVIDING DIFFERENT APPLICATION TO CERTAIN REFUND CLAIMS. OF THE H 1 was introduced, read the first time by title, and referred to IDAHO LEGISLATURE the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the FIRST REGULAR SESSION Sixteenth Order of Business. SIXTY-SECOND LEGISLATURE Adjournment Mr. Crane moved that the House adjourn until 11 a.m., Monday, January 14, 2013. Seconded by Ms. Pence. Motion carried. FIFTH LEGISLATIVE DAY FRIDAY, JANUARY 11, 2013 Whereupon the Speaker Pro Tem declared the House adjourned at 8:12 a.m. SCOTT BEDKE, Speaker House of Representatives ATTEST: The House convened at 8 a.m., Mr. Moyle in the Chair. BONNIE ALEXANDER, Chief Clerk Roll call showed 58 members present. Absent and excused – Anderson(01), Andrus, Bateman, Hancey, Loertscher, Monks, Palmer, Rusche, Ward-Engelking, Wood(27), Wood(35), Mr. Speaker. Total – 12. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Tasi Lloyd, Page. Approval of Journal January 11, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Fourth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. Consideration of Messages from the Governor and the Senate January 10, 2013 Mr. Speaker: I return herewith enrolled HCR 1 which has been signed by the President. NOVAK, Secretary Enrolled HCR 1 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. There being no objection, the House advanced to the Eighth Order of Business. Introduction, First Reading, and Reference of Bills and Joint Resolutions

HOUSE BILL NO. 1 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO INCOME TAXES; AMENDING SECTION 63-3004, IDAHO CODE, TO UPDATE REFERENCES TO THE INTERNAL REVENUE CODE; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION 20 HOUSE JOURNAL January 14, 2013]

HOUSE JOURNAL Whereupon the Speaker declared the House adjourned at 11:07 a.m. OF THE SCOTT BEDKE, Speaker ATTEST: IDAHO LEGISLATURE BONNIE ALEXANDER, Chief Clerk FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE

EIGHTH LEGISLATIVE DAY MONDAY, JANUARY 14, 2013

House of Representatives The House convened at 11 a.m., the Speaker in the Chair. Roll call showed 66 members present. Absent and excused – Andrus, Barbieri, Holtzclaw, Smith. Total – 4. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Juritzi Enriquez, Page. Approval of Journal January 14, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Fifth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Fifth Order of Business. Report of Standing Committees January 14, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 1. WILLS, Chairman H 1 was ordered held at the Desk. January 14, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled HCR 1 to the Secretary of State at 8:31 a.m., as of this date, January 11, 2013. WILLS, Chairman There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, January 15, 2013. Seconded by Mr. Rusche. Motion carried. [January 15, 2013 HOUSE JOURNAL 21 HOUSE JOURNAL OF THE IDAHO LEGISLATURE FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE

NINTH LEGISLATIVE DAY TUESDAY, JANUARY 15, 2013

House of Representatives The House convened at 11 a.m., the Speaker in the Chair. Roll call showed 69 members present. Absent and excused – Shepherd. Total – 1. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Alba Cano, Page. Approval of Journal January 15, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Eighth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Fifth Order of Business. Report of Standing Committees H 1, held at the Desk January 14, 2013, was referred to the Revenue and Taxation Committee. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, January 16, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:08 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 22 HOUSE JOURNAL January 16, 2013]

HOUSE JOURNAL TAX PURPOSES; AMENDING SECTION 63-3022, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; OF THE DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

IDAHO LEGISLATURE HOUSE BILL NO. 3 BY REVENUE AND TAXATION COMMITTEE FIRST REGULAR SESSION AN ACT SIXTY-SECOND LEGISLATURE RELATING TO TAXES; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3077F, IDAHO CODE, TO PROVIDE THAT THE STATE TAX COMMISSION MAY RELEASE CERTAIN TAX INFORMATION IN CASES OF IDENTITY THEFT. TENTH LEGISLATIVE DAY WEDNESDAY, JANUARY 16, 2013 HOUSE BILL NO. 4 BY REVENUE AND TAXATION COMMITTEE AN ACT House of Representatives RELATING TO INCOME TAXES; AMENDING SECTION 63-3022, IDAHO CODE, TO REVISE The House convened at 11 a.m., the Speaker in the Chair. CERTAIN ADJUSTMENTS TO TAXABLE INCOME Roll call showed 68 members present. REGARDING STATE AND LOCAL TAXES; AMENDING Absent and excused – Malek, Nielsen. Total – 2. SECTION 63-3022A, IDAHO CODE, TO PROVIDE THAT Total – 70. DEDUCTIONS APPLY TO WIDOWERS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION Prayer was offered by Chaplain Tom Dougherty. 63-3022B, IDAHO CODE, TO PROVIDE THAT THE RESIDENCE MUST BE THE PRIMARY RESIDENCE The Pledge of Allegiance was led by Tasi Lloyd, Page. AND LOCATED IN THE STATE OF IDAHO; AMENDING Approval of Journal SECTION 63-3022J, IDAHO CODE, TO PROVIDE THAT A DEDUCTION FOR TECHNOLOGICAL EQUIPMENT January 16, 2013 DONATIONS CANNOT EXCEED THE TAXPAYER'S COST Mr. Speaker: OF THE TECHNOLOGICAL EQUIPMENT DONATED We, your COMMITTEE ON JUDICIARY, RULES, AND NOR REDUCE IDAHO TAXABLE INCOME TO LESS ADMINISTRATION, report that we have read and approved the THAN ZERO; AMENDING SECTION 63-3072, IDAHO House Journal of the Ninth Legislative Day and recommend that CODE, TO PROVIDE APPLICATIONS TO AMOUNTS same be adopted as corrected. PAID AS BACKUP WITHHOLDING; DECLARING AN WILLS, Chairman EMERGENCY, PROVIDING RETROACTIVE APPLICATION Mr. Wills moved that the report be adopted. Seconded by AND PROVIDING EFFECTIVE DATES. Mr. Burgoyne. Report adopted. HOUSE BILL NO. 5 There being no objection, the House advanced to the Fifth BY REVENUE AND TAXATION COMMITTEE Order of Business. AN ACT RELATING TO CIGARETTE AND TOBACCO Report of Standing Committees PRODUCT TAXES; AMENDING SECTION 63-2503, IDAHO January 16, 2013 CODE, TO CLARIFY PERMITTING REQUIREMENTS Mr. Speaker: FOR PERSONS ACTIVELY ENGAGED IN MAKING We, your COMMITTEE ON REVENUE AND TAXATION, WHOLESALE SALES OF CIGARETTES AND TO MAKE A report that we have had under consideration H 1 and recommend TECHNICAL CORRECTION. that it do pass. COLLINS, Chairman HOUSE BILL NO. 6 BY REVENUE AND TAXATION COMMITTEE H 1 was filed for second reading. AN ACT RELATING TO THE USE OF FOREIGN LANGUAGES; There being no objection, the House advanced to the Eighth AMENDING SECTION 73-121, IDAHO CODE, TO PERMIT Order of Business. THE STATE TAX COMMISSION TO USE LANGUAGES Introduction, First Reading, and Reference OTHER THAN ENGLISH TO INFORM TAXPAYERS OF of Bills and Joint Resolutions THEIR OBLIGATIONS UNDER THE TAX LAWS OF THIS STATE AND TO ENCOURAGE OR FACILITATE HOUSE BILL NO. 2 COMPLIANCE WITH THOSE OBLIGATIONS AND TO BY REVENUE AND TAXATION COMMITTEE MAKE TECHNICAL CORRECTIONS. AN ACT RELATING TO INCOME TAXES; AMENDING HOUSE BILL NO. 7 CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION BY BUSINESS COMMITTEE OF A NEW SECTION 63-3022R, IDAHO CODE, TO ALLOW AN ACT A DEDUCTION FOR CERTAIN RECOVERY AMOUNTS RELATING TO THE DEPARTMENT OF FINANCE; INCLUDED IN FEDERAL INCOME IF NO BENEFIT AMENDING SECTION 67-2754, IDAHO CODE, TO GRANT WAS PREVIOUSLY ALLOWED FOR IDAHO INCOME THE DIRECTOR OF THE DEPARTMENT OF FINANCE THE [January 16, 2013 HOUSE JOURNAL 23

AUTHORITY TO APPROVE A MULTISTATE LICENSING TO REVISE HEADINGS, TO ESTABLISH PROVISIONS PROGRAM FOR USE BY CERTAIN PERSONS AND TO RELATING TO EXTENSIONS OF CREDIT AND CREDIT PROVIDE REQUIREMENTS FOR SUCH PERSONS USING EXPOSURE IN A DERIVATIVE TRANSACTION AND AN APPROVED MULTISTATE LICENSING SYSTEM. TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE HOUSE BILL NO. 8 APPLICATION. BY BUSINESS COMMITTEE AN ACT HOUSE BILL NO. 10 RELATING TO COMMERCIAL TRANSACTIONS; BY BUSINESS COMMITTEE AMENDING SECTION 28-41-201, IDAHO CODE, TO AN ACT CLARIFY WHAT CONSTITUTES ENGAGING IN BUSINESS RELATING TO IDAHO RESIDENTIAL MORTGAGE IN THIS STATE FOR WHICH A CERTAIN LICENSE IS PRACTICES ACT; AMENDING SECTION 26-31-102, IDAHO REQUIRED; AMENDING SECTION 28-41-301, IDAHO CODE, TO DEFINE TERMS, TO REVISE DEFINITIONS, CODE, TO DEFINE A TERM, TO PROVIDE CORRECT TO PROVIDE A CORRECT CODE REFERENCE AND CODE REFERENCES AND TO MAKE A TECHNICAL TO MAKE A TECHNICAL CORRECTION; AMENDING CORRECTION; AMENDING SECTION 28-46-301, IDAHO SECTION 26-31-103, IDAHO CODE, TO REQUIRE CODE, TO PROVIDE FOR CERTAIN EXEMPTIONS AND A BACKGROUND INVESTIGATION FOR CERTAIN TO REVISE A CODE REFERENCE; AMENDING SECTION CONTROL PERSONS; AMENDING SECTION 26-31-201, 28-46-302, IDAHO CODE, TO PROVIDE CIRCUMSTANCES IDAHO CODE, TO FURTHER DEFINE A TERM AND UNDER WHICH A LICENSE APPLICATION SHALL BE TO MAKE TECHNICAL CORRECTIONS; AMENDING DEEMED WITHDRAWN AND VOID, TO PROVIDE FOR SECTION 26-31-202, IDAHO CODE, TO REVISE THE AUTOMATIC EXPIRATION OF CERTAIN LICENSES, EXEMPTIONS RELATING TO ATTORNEYS AND TO PROVIDE CRITERIA FOR THE REINSTATEMENT ACCOUNTANTS; AMENDING SECTION 26-31-204, OF AN EXPIRED LICENSE AND TO PROVIDE A IDAHO CODE, TO REVISE THE MEMBERSHIP OF A CORRECT CODE REFERENCE; AMENDING SECTION VOLUNTEER ADVISORY BOARD; AMENDING SECTION 28-46-404, IDAHO CODE, TO PROVIDE FOR THE 26-31-206, IDAHO CODE, TO REVISE PROVISIONS, TO AUTOMATIC EXPIRATION OF CERTAIN LICENSES, ESTABLISH ADDITIONAL PROVISIONS RELATING TO A TO PROVIDE CIRCUMSTANCES UNDER WHICH LICENSE TO DO BUSINESS AS A MORTGAGE BROKER A LICENSE APPLICATION SHALL BE DEEMED OR MORTGAGE LENDER AND TO MAKE TECHNICAL WITHDRAWN AND VOID, TO PROVIDE CRITERIA CORRECTIONS; AMENDING SECTION 26-31-207, IDAHO FOR THE REINSTATEMENT OF AN EXPIRED LICENSE CODE, TO REVISE PROVISIONS AND TO ESTABLISH AND TO PROVIDE A CORRECT CODE REFERENCE; ADDITIONAL PROVISIONS RELATING TO THE AMENDING SECTION 28-46-413, IDAHO CODE, TO REVOCATION OR SUSPENSION OF CERTAIN LICENSES; REVISE REQUIREMENTS RELATING TO PAYDAY LOAN AMENDING SECTION 26-31-208, IDAHO CODE, TO BUSINESS PRACTICES; AMENDING SECTION 28-46-508, REVISE PROVISIONS AND TO ESTABLISH ADDITIONAL IDAHO CODE, TO REVISE PROVISIONS RELATING PROVISIONS RELATING TO THE MAINTENANCE OF TO PROHIBITED ACTIONS; AMENDING SECTION RECORDS AND THE RENEWAL AND REINSTATEMENT 26-2239, IDAHO CODE, TO PROVIDE A CORRECT OF CERTAIN LICENSES; AMENDING SECTION 26-31-209, CODE REFERENCE; AMENDING SECTION 28-41-107, IDAHO CODE, TO GRANT THE DIRECTOR OF THE IDAHO CODE, TO REVISE CODE REFERENCES AND DEPARTMENT OF FINANCE CERTAIN SUBPOENA TO MAKE TECHNICAL CORRECTIONS; AMENDING AUTHORITY; AMENDING SECTION 26-31-211, IDAHO SECTION 28-41-108, IDAHO CODE, TO REVISE A CODE, TO ESTABLISH ADDITIONAL PROHIBITED CODE REFERENCE; AMENDING SECTION 28-44-102, PRACTICES OF MORTGAGE BROKERS AND MORTGAGE IDAHO CODE, TO REVISE A CODE REFERENCE AND LENDERS; REPEALING SECTION 26-31-212, IDAHO TO MAKE TECHNICAL CORRECTIONS; AMENDING CODE, RELATING TO CONTINUING EDUCATION OF SECTION 28-44-107, IDAHO CODE, TO REVISE A CODE QUALIFIED PERSONS IN CHARGE; AMENDING SECTION REFERENCE; AMENDING SECTION 28-46-102, IDAHO 26-31-301, IDAHO CODE, TO PROVIDE A CORRECT CODE, TO REVISE CODE REFERENCES; AMENDING CITATION; AMENDING SECTION 26-31-303, IDAHO SECTION 28-46-402, IDAHO CODE, TO REVISE A CODE CODE, TO DEFINE A TERM, TO REVISE A DEFINITION REFERENCE; AMENDING SECTION 45-1604, IDAHO AND TO PROVIDE A CORRECT CODE REFERENCE; CODE, TO REVISE A CODE REFERENCE AND TO MAKE AMENDING SECTION 26-31-304, IDAHO CODE, TO A TECHNICAL CORRECTION; AMENDING SECTION REVISE REQUIREMENTS RELATING TO LICENSE, 48-603, IDAHO CODE, TO REVISE A CODE REFERENCE; REGISTRATION AND EXEMPTIONS AND TO PROVIDE AND AMENDING SECTION 67-2751, IDAHO CODE, TO CORRECT CODE REFERENCES; AMENDING SECTION REVISE A CODE REFERENCE. 26-31-305, IDAHO CODE, TO PROVIDE CRITERIA ESTABLISHING WHEN A LICENSE APPLICATION SHALL HOUSE BILL NO. 9 BE DEEMED WITHDRAWN AND VOID; AMENDING BY BUSINESS COMMITTEE SECTION 26-31-306, IDAHO CODE, TO REVISE A SHORT AN ACT TITLE, TO ESTABLISH ADDITIONAL REQUIREMENTS RELATING TO LIMITATIONS ON LOANS, FOR THE ISSUANCE OF A LICENSE, TO PROHIBIT THE INVESTMENTS, AND PRACTICES; AMENDING SECTION ASSIGNMENT OR TRANSFER OF CERTAIN LICENSES, TO 26-705, IDAHO CODE, TO DEFINE TERMS, TO REVISE ESTABLISH PROVISIONS RELATING TO AN INACTIVE A DEFINITION, TO PROVIDE AN ADDITIONAL ITEM LICENSE STATUS AND TO MAKE A TECHNICAL THAT DOES NOT CONSTITUTE A LOAN OR EXTENSION CORRECTION; AMENDING SECTION 26-31-308, IDAHO OF CREDIT, TO PROVIDE REQUIREMENTS FOR A CODE, TO REVISE PROVISIONS RELATING TO A BANK ENGAGED IN A DERIVATIVE TRANSACTION, CERTAIN QUALIFIED WRITTEN TEST; AMENDING 24 HOUSE JOURNAL January 16, 2013]

SECTION 26-31-309, IDAHO CODE, TO REVISE A SHORT H 2, H 3, H 4, H 5, H 6, H 7, H 8, H 9, H 10, H 11, TITLE, TO REVISE LICENSE RENEWAL REQUIREMENTS H 12, H 13, H 14, and H 15 were introduced, read the first time AND TO ESTABLISH REQUIREMENTS RELATING TO by title, and referred to the Judiciary, Rules, and Administration LICENSE REINSTATEMENT; AMENDING SECTION Committee for printing. 26-31-310, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 26-31-317, IDAHO There being no objection, the House advanced to the CODE, TO PROVIDE ADDITIONAL PROHIBITED ACTS Sixteenth Order of Business. AND PRACTICES; AND AMENDING SECTION 26-31-320, IDAHO CODE, TO ESTABLISH ADDITIONAL PROVISIONS Adjournment RELATING TO UNIQUE IDENTIFIER DISCLOSURE. Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, January 17, 2013. Seconded by Mr. Rusche. Motion HOUSE BILL NO. 11 carried. BY BUSINESS COMMITTEE AN ACT Whereupon the Speaker declared the House adjourned at RELATING TO CASUALTY INSURANCE CONTRACTS; 11:16 a.m. AMENDING SECTION 41-2507, IDAHO CODE, TO SCOTT BEDKE, Speaker PROVIDE A GROUND FOR AN INSURER TO REFUSE TO RENEW A CERTAIN POLICY AND TO MAKE TECHNICAL ATTEST: CORRECTIONS. BONNIE ALEXANDER, Chief Clerk

HOUSE BILL NO. 12 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO THE SALES AND USE TAX; AMENDING SECTION 63-3622FF, IDAHO CODE, TO DELETE OBSOLETE LANGUAGE AND TO PROVIDE A SALES TAX EXEMPTION FOR FOOD PURCHASED WITH BENEFITS PROVIDED UNDER THE FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; AND AMENDING SECTION 63-3621, IDAHO CODE, TO CLARIFY THAT FOR MEMBERS OF THE MILITARY AND ACCOMPANYING SPOUSES NO USE TAX SHALL APPLY TO CERTAIN ARTICLES ACQUIRED PRIOR TO RECEIPT OF ORDERS TO TRANSFER TO IDAHO.

HOUSE BILL NO. 13 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO THE SALES AND USE TAX; AMENDING SECTION 63-3627, IDAHO CODE, TO ESTABLISH A DUTY TO ACCOUNT FOR AND PAY OVER ANY USE TAX LIABILITY IMPOSED ON A TAXPAYER IF THAT RESPONSIBLE PARTY EXERCISES CERTAIN CONTROL OVER MANAGEMENT OF THE TAXPAYER.

HOUSE BILL NO. 14 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO PROPERTY TAXATION; AMENDING SECTION 63-205A, IDAHO CODE, TO REVISE THE CALCULATION OF NET OPERATING INCOME OF LOW-INCOME HOUSING FOR PROPERTY TAXATION PURPOSES AND TO MAKE A TECHNICAL CORRECTION.

HOUSE BILL NO. 15 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO THE SALES AND USE TAX; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3607A, IDAHO CODE, TO DEFINE THE TERM "PRIMARY" OR "PRIMARILY" WITH RESPECT TO THE USE OF TANGIBLE PERSONAL PROPERTY FOR SALES AND USE TAX PURPOSES. [January 17, 2013 HOUSE JOURNAL 25

HOUSE JOURNAL the First Regular Session of the Sixty-second Idaho Legislature. Seconded by Mr. Rusche. OF THE Majority Leadership Secretary ...... Kristen Weitz

IDAHO LEGISLATURE Whereupon the Speaker declared the motion carried by voice vote and announced the oath of office had previously been FIRST REGULAR SESSION administered to Kristen Weitz. SIXTY-SECOND LEGISLATURE H 1 - INCOME TAXES Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 1 be suspended; that the ELEVENTH LEGISLATIVE DAY portions of Section 15, Article 3 of the Constitution of the State THURSDAY, JANUARY 17, 2013 of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 1 be read the first time by title, second time by title, and third time at House of Representatives length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. The House convened at 11 a.m., the Speaker in the Chair. The question being, "Shall the rules be suspended?" Roll call showed 67 members present. Absent and excused – Loertscher, Malek, Nielsen. Total – 3. Roll call resulted as follows: Total – 70. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Prayer was offered by Chaplain Tom Dougherty. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The Pledge of Allegiance was led by Weston Durland, Page. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Approval of Journal Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, January 17, 2013 Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Mr. Speaker: Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, We, your COMMITTEE ON JUDICIARY, RULES, AND Youngblood, Mr. Speaker. Total – 66. ADMINISTRATION, report that we have read and approved the NAYS – None. House Journal of the Tenth Legislative Day and recommend that Absent and excused – Gestrin, Loertscher, Malek, Nielsen. same be adopted as corrected. Total – 4. WILLS, Chairman Total – 70. Mr. Wills moved that the report be adopted. Seconded by Whereupon the Speaker declared that more than two-thirds Mr. Burgoyne. Report adopted. of the membership having voted in the affirmative, the motion There being no objection, the House advanced to the Fifth carried, the rules were suspended, and H 1 was read the first time Order of Business. by title, second time by title, and third time at length, section by section, and placed before the House for final consideration.

Report of Standing Committees At this time, the Speaker recognized Mr. Raybould to open debate. January 17, 2013 Mr. Speaker: The question being, "Shall H 1 pass?" We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 2, H 3, H 4, Roll call resulted as follows: H 5, H 6, H 7, H 8, H 9, H 10, H 11, H 12, H 13, H 14, and AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 15. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, WILLS, Chairman Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, H 2, H 3, H 4, H 5, H 6, H 12, H 13, H 14, and H 15 were Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, referred to the Revenue and Taxation Committee. Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, H 7, H 8, H 9, H 10, and H 11 were referred to the Business Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Committee. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, There being no objection, the House advanced to the Seventh Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Order of Business. Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Loertscher, Malek, Nielsen. Total – 3. Motions, Memorials, and Resolutions Total – 70. Mr. Moyle moved that the following person be approved as Whereupon the Speaker declared that H 1 passed the House. an attache to serve the House of Representatives for and during Title was approved and the bill ordered transmitted to the Senate. 26 HOUSE JOURNAL January 17, 2013]

Introduction, First Reading, and Reference REPEALING SECTION 54-1747, IDAHO CODE, RELATING of Bills and Joint Resolutions TO PATIENT COMMUNICATION; REPEALING SECTION 54-1748, IDAHO CODE, RELATING TO VIOLATIONS HOUSE BILL NO. 16 AND PENALTIES; AMENDING SECTION 54-1761, BY HEALTH AND WELFARE COMMITTEE IDAHO CODE, TO PROVIDE A CORRECT CODE AN ACT REFERENCE; AMENDING SECTION 54-4702, IDAHO RELATING TO PRESCRIPTION TRACKING; CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 37-2730A, IDAHO CODE, TO AND AMENDING SECTION 54-5110, IDAHO CODE, TO CLARIFY THAT PHARMACISTS AND PRACTITIONERS PROVIDE A CORRECT CODE REFERENCE. MAY SHARE INFORMATION. HOUSE BILL NO. 18 BY HEALTH AND WELFARE COMMITTEE HOUSE BILL NO. 17 AN ACT BY HEALTH AND WELFARE COMMITTEE RELATING TO UNIFORM CONTROLLED AN ACT SUBSTANCES; AMENDING SECTION 37-2701, IDAHO RELATING TO THE BOARD OF PHARMACY; CODE, TO REVISE DEFINITIONS, TO PROVIDE AMENDING SECTION 37-3201, IDAHO CODE, TO A CORRECT CODE REFERENCE AND TO MAKE PROVIDE A CORRECT CODE REFERENCE; AMENDING TECHNICAL CORRECTIONS; AMENDING SECTION SECTION 54-1701, IDAHO CODE, TO REVISE 37-2702, IDAHO CODE, TO PROVIDE FOR THE PROCESS TERMINOLOGY; AMENDING SECTION 54-1702, IDAHO TO EXCEPT FEDERALLY SCHEDULED DRUGS AND CODE, TO REVISE TERMINOLOGY AND TO PROVIDE TO MAKE TECHNICAL CORRECTIONS; AMENDING FOR PRACTICE INTO THE STATE; AMENDING SECTION SECTION 37-2704, IDAHO CODE, TO MAKE TECHNICAL 54-1704, IDAHO CODE, TO REVISE A DEFINITION; CORRECTIONS; AMENDING SECTION 37-2705, IDAHO AMENDING SECTION 54-1705, IDAHO CODE, TO CODE, TO REVISE THE LISTING OF CONTROLLED REVISE DEFINITIONS; AMENDING SECTION 54-1720, SUBSTANCES AND TO INCORPORATE BY REFERENCE IDAHO CODE, TO REVISE TERMINOLOGY, TO REVISE THE FEDERAL SCHEDULE OF CONTROLLED PROVISIONS RELATING TO FEES FOR NONRESIDENT SUBSTANCES; AMENDING SECTION 37-2706, IDAHO PRACTICE AND TO MAKE TECHNICAL CORRECTIONS; CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1721, IDAHO CODE, TO REVISE AMENDING SECTION 37-2707, IDAHO CODE, TO REVISE TERMINOLOGY AND TO PROVIDE FOR NONRESIDENT THE LISTING OF CONTROLLED SUBSTANCES AND PRACTICE UNDER UNLAWFUL PRACTICE; AMENDING TO INCORPORATE BY REFERENCE THE FEDERAL SECTION 54-1723A, IDAHO CODE, TO REVISE SCHEDULE OF CONTROLLED SUBSTANCES; AMENDING TERMINOLOGY AND TO REVISE PROVISIONS SECTION 37-2708, IDAHO CODE, TO MAKE TECHNICAL RELATING TO REGISTRATION FOR NONRESIDENTS CORRECTIONS; AMENDING SECTION 37-2709, IDAHO IN TELEPHARMACY; AMENDING SECTION 54-1726, CODE, TO REVISE THE LISTING OF CONTROLLED IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDE SUBSTANCES, TO INCORPORATE BY REFERENCE THE FOR GROUNDS FOR DISCIPLINE FOR NONRESIDENT FEDERAL SCHEDULE OF CONTROLLED SUBSTANCES LICENSEES AND REGISTRANTS AND TO MAKE AND TO MAKE A TECHNICAL CORRECTION; TECHNICAL CORRECTIONS; AMENDING SECTION AMENDING SECTION 37-2710, IDAHO CODE, TO MAKE 54-1728, IDAHO CODE, TO REVISE TERMINOLOGY, TECHNICAL CORRECTIONS; AMENDING SECTION TO PROVIDE FOR PENALTIES AND REINSTATEMENT 37-2711, IDAHO CODE, TO REVISE THE LISTING OF FOR NONRESIDENT LICENSEES AND REGISTRANTS CONTROLLED SUBSTANCES AND TO INCORPORATE AND TO MAKE TECHNICAL CORRECTIONS; BY REFERENCE THE FEDERAL SCHEDULE OF AMENDING SECTION 54-1729, IDAHO CODE, TO REVISE CONTROLLED SUBSTANCES; AMENDING SECTION TERMINOLOGY, TO PROVIDE FOR NONRESIDENT 37-2712, IDAHO CODE, TO MAKE TECHNICAL FACILITIES REGISTRATION REQUIREMENTS AND CORRECTIONS; AMENDING SECTION 37-2713, IDAHO COMPLIANCE STANDARDS AND TO MAKE TECHNICAL CODE, TO REVISE THE LISTING OF CONTROLLED CORRECTIONS; AMENDING SECTION 54-1730, SUBSTANCES AND TO INCORPORATE BY REFERENCE IDAHO CODE, TO REVISE TERMINOLOGY, TO THE FEDERAL SCHEDULE OF CONTROLLED REVISE PROVISIONS RELATING TO DRUG OUTLET SUBSTANCES; AMENDING SECTION 37-2713A, APPLICATION AND FEES AND TO MAKE TECHNICAL IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; CORRECTIONS; AMENDING SECTION 54-1732, IDAHO REPEALING SECTION 37-2714, IDAHO CODE, RELATING CODE, TO PROVIDE A CORRECT CODE REFERENCE TO REPUBLISHING OF SCHEDULES; AMENDING AND TO MAKE A TECHNICAL CORRECTION; SECTION 18-1502C, IDAHO CODE, TO PROVIDE REPEALING SECTION 54-1740, IDAHO CODE, RELATING CORRECT CODE REFERENCES; AMENDING SECTION TO SHORT TITLE; REPEALING SECTION 54-1741, IDAHO 18-2510, IDAHO CODE, TO PROVIDE A CORRECT CODE CODE, RELATING TO LEGISLATIVE DECLARATION; REFERENCE; AMENDING SECTION 37-2732, IDAHO REPEALING SECTION 54-1742, IDAHO CODE, RELATING CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO THE DEFINITION OF OUT-OF-STATE MAIL SERVICE TO MAKE TECHNICAL CORRECTIONS; AMENDING PHARMACY; REPEALING SECTION 54-1743, IDAHO SECTION 37-2732B, IDAHO CODE, TO PROVIDE A CODE, RELATING TO LICENSE REQUIREMENTS; CORRECT CODE REFERENCE; AMENDING SECTION REPEALING SECTION 54-1744, IDAHO CODE, RELATING 37-2732C, IDAHO CODE, TO PROVIDE A CORRECT TO NOTIFICATIONS; REPEALING SECTION 54-1745, CODE REFERENCE AND TO MAKE TECHNICAL IDAHO CODE, RELATING TO INSPECTIONS; REPEALING CORRECTIONS; AMENDING SECTION 72-208, IDAHO SECTION 54-1746, IDAHO CODE, RELATING TO CODE, TO PROVIDE A CORRECT CODE REFERENCE; PRODUCT SELECTION OF PRESCRIBED DRUGS; AND DECLARING AN EMERGENCY. [January 17, 2013 HOUSE JOURNAL 27

HOUSE BILL NO. 19 IDAHO CODE, TO REVISE REQUIREMENTS TO SHOW BY TRANSPORTATION AND DEFENSE COMMITTEE INCREMENT VALUES OF REVENUE ALLOCATION AN ACT AREAS AND TO MAKE A TECHNICAL CORRECTION; RELATING TO AIRPORTS; REPEALING SECTION AMENDING SECTION 63-602G, IDAHO CODE, TO 21-115, IDAHO CODE, RELATING TO STATE PROVIDE FOR APPEALS TO BE MADE TO THE COUNTY DESIGNATION OF AIRPORTS. BOARD OF EQUALIZATION; AMENDING SECTION 63-706, IDAHO CODE, TO CLARIFY WHEN A CLAIM HOUSE BILL NO. 20 IS TIMELY IN THE EVENT OF WEEKENDS AND BY TRANSPORTATION AND DEFENSE COMMITTEE CERTAIN HOLIDAYS; AND AMENDING SECTION 63-810, AN ACT IDAHO CODE, TO EXTEND THE TIME FOR MAKING RELATING TO THE TAX ON MOTOR FUELS; CORRECTIONS OF ERRONEOUS PROPERTY TAX LEVIES AMENDING SECTION 63-2423, IDAHO CODE, TO AND TO MAKE A TECHNICAL CORRECTION. CLARIFY THAT REFUNDS APPLY TO GASEOUS SPECIAL FUELS; AND AMENDING SECTION 63-2424, IDAHO H 16, H 17, H 18, H 19, H 20, H 21, H 22, H 23, H 24, and CODE, TO PROVIDE THAT THE STATE TAX COMMISSION H 25 were introduced, read the first time by title, and referred to MAY SELL GASEOUS FUEL PERMITS. the Judiciary, Rules, and Administration Committee for printing.

HOUSE BILL NO. 21 There being no objection, the House advanced to the BY TRANSPORTATION AND DEFENSE COMMITTEE Sixteenth Order of Business. AN ACT Adjournment RELATING TO MUNICIPAL AIRPORTS; AMENDING SECTION 21-105, IDAHO CODE, TO REMOVE LANGUAGE Mr. Moyle moved that the House adjourn until 8 a.m., Friday, RELATING TO CERTAIN PREAPPLICATION APPROVAL January 18, 2013. Seconded by Mr. Rusche. Motion carried. BY THE IDAHO TRANSPORTATION DEPARTMENT. Whereupon the Speaker declared the House adjourned at HOUSE BILL NO. 22 11:26 a.m. BY REVENUE AND TAXATION COMMITTEE SCOTT BEDKE, Speaker AN ACT RELATING TO INCOME TAXATION; AMENDING ATTEST: SECTION 63-3035, IDAHO CODE, TO REVISE THE BONNIE ALEXANDER, Chief Clerk REPORTING AND PAYING PERIODS FOR IDAHO INCOME TAX WITHHELD BY CERTAIN EMPLOYERS; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION.

HOUSE BILL NO. 23 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO THE TAXATION OF BEER; AMENDING SECTION 23-1008, IDAHO CODE, TO REMOVE LANGUAGE STATING IT IS THE STATE TAX COMMISSION'S DUTY TO PRESCRIBE RULES REGARDING REPORTING OF THE TAX ON BEER AND TO MAKE TECHNICAL CORRECTIONS.

HOUSE BILL NO. 24 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO SALES TAX REVENUES USED FOR ELECTIONS; AMENDING SECTION 63-3638, IDAHO CODE, TO REVISE HOW THE INCREASE FOR INFLATION WILL BE DISTRIBUTED TO COUNTIES FOR COSTS INCURRED IN ADMINISTERING ELECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY.

HOUSE BILL NO. 25 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO PROPERTY TAX ADMINISTRATION; AMENDING SECTION 63-215, IDAHO CODE, TO REQUIRE THAT FILES INCLUDE CERTAIN CONTACT INFORMATION; AMENDING SECTION 63-317, IDAHO CODE, TO CONFORM THE EXTENDED DATE FOR THE HOMEOWNER'S EXEMPTION FOR OCCUPANCY TAX TO THAT ALLOWED FOR THE HOMEOWNER'S EXEMPTION FROM PROPERTY TAX; AMENDING SECTION 63-509, 28 HOUSE JOURNAL January 18, 2013]

HOUSE JOURNAL There being no objection, the House advanced to the Eighth Order of Business. OF THE Introduction, First Reading, and Reference IDAHO LEGISLATURE of Bills and Joint Resolutions HOUSE BILL NO. 26 FIRST REGULAR SESSION BY BUSINESS COMMITTEE SIXTY-SECOND LEGISLATURE AN ACT RELATING TO THE INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS; AMENDING SECTION 54-5015, IDAHO CODE, TO REVISE A TERM AND TO ESTABLISH PROVISIONS TWELFTH LEGISLATIVE DAY ALLOWING INDIVIDUALS HOLDING EITHER AN HVAC FRIDAY, JANUARY 18, 2013 CERTIFICATION OR PLUMBING CERTIFICATION TO INSTALL CERTAIN PIPING.

House of Representatives HOUSE BILL NO. 27 BY BUSINESS COMMITTEE The House convened at 8 a.m., the Speaker in the Chair. AN ACT RELATING TO PLUMBERS; AMENDING SECTION Roll call showed 64 members present. 54-2602, IDAHO CODE, TO REVISE PROVISIONS Absent and excused – Agidius, Anderson(01), Andrus, RELATING TO EXCEPTIONS REGARDING CERTIFICATES Malek, Moyle, Raybould.Total – 6. OF COMPETENCY. Total – 70. Prayer was offered by Chaplain Tom Dougherty. HOUSE BILL NO. 28 BY BUSINESS COMMITTEE The Pledge of Allegiance was led by Brady Gaschler, Page. AN ACT RELATING TO MANUFACTURED HOME DEALER AND INSTALLER LICENSING; AMENDING SECTION Approval of Journal 44-2101, IDAHO CODE, TO REVISE LEGISLATIVE January 18, 2013 FINDINGS, TO REVISE PROVISIONS RELATING TO Mr. Speaker: CERTAIN LICENSE REQUIREMENTS AND TO REVISE We, your COMMITTEE ON JUDICIARY, RULES, AND PROVISIONS RELATING TO FEES FOR CRIMINAL ADMINISTRATION, report that we have read and approved the HISTORY BACKGROUND CHECKS; AMENDING SECTION House Journal of the Eleventh Legislative Day and recommend 44-2101A, IDAHO CODE, TO REMOVE A DEFINITION that same be adopted as corrected. AND TO REMOVE A TERM; AMENDING SECTION WILLS, Chairman 44-2103, IDAHO CODE, TO REMOVE REFERENCES TO SERVICE COMPANIES; AMENDING SECTION 44-2106, Mr. Wills moved that the report be adopted. Seconded by IDAHO CODE, TO REMOVE REFERENCES TO A SERVICE Mr. Burgoyne. Report adopted. COMPANY; AND AMENDING SECTION 44-2107, IDAHO CODE, TO REMOVE A REFERENCE TO SERVICE COMPANY. There being no objection, the House advanced to the Fifth Order of Business. H 26, H 27, and H 28 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Report of Standing Committees There being no objection, the House advanced to the Sixteenth Order of Business. January 18, 2013 Mr. Speaker: Adjournment We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 16, H 17, Mr. Crane moved that the House adjourn until 11 a.m., H 18, H 19, H 20, H 21, H 22, H 23, H 24, and H 25. Monday, January 21, 2013. Seconded by Mr. Rusche. Motion WILLS, Chairman carried. Whereupon the Speaker declared the House adjourned at H 16, H 17, and H 18 were referred to the Health and Welfare 8:08 a.m. Committee. SCOTT BEDKE, Speaker ATTEST: H 19, H 20, and H 21 were referred to the Transportation BONNIE ALEXANDER, Chief Clerk and Defense Committee.

H 22, H 23, H 24, and H 25 were referred to the Revenue and Taxation Committee. [January 21, 2013 HOUSE JOURNAL 29 HOUSE JOURNAL OF THE IDAHO LEGISLATURE FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE

FIFTEENTH LEGISLATIVE DAY MONDAY, JANUARY 21, 2013

House of Representatives The House convened at 11 a.m., the Speaker in the Chair. Roll call showed 69 members present. Absent and excused – Moyle. Total – 1. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Rebecca Failing, Page. Approval of Journal January 21, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Twelfth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Fifth Order of Business. Report of Standing Committees January 21, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 26, H 27, and H 28. WILLS, Chairman H 26, H 27, and H 28 were referred to the Business Committee. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Crane moved that the House adjourn until 11 a.m., Tuesday, January 22, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:13 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 30 HOUSE JOURNAL January 22, 2013]

HOUSE JOURNAL Be It Resolved by the House of Representatives of the State of Idaho: OF THE WHEREAS, the House of Representatives deems it IDAHO LEGISLATURE necessary and desirable that Rule 76 of the Rules of the House of Representatives be amended. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representatives, assembled in the First Regular Session of the Sixty-second Idaho Legislature, that Rule 76 of the Rules of the House of Representatives shall be amended to read as follows: SIXTEENTH LEGISLATIVE DAY TUESDAY, JANUARY 22, 2013 RULE 76 Committee on Ethics.– (1) Before the end of the twelfth day of the first regular session of each Legislature, an ethics committee House of Representatives shall be organized and its membership shall be determined. The ethics committee shall consist of five members of the House, The House convened at 11 a.m., the Speaker in the Chair. three of whom shall be members of the majority party and two of whom shall be members of the minority party. House Roll call showed 68 members present. members holding leadership positions shall not serve on the Absent and excused – Bateman, Kloc. Total – 2. ethics committee. Committee Chairmen may serve on the ethics Total – 70. committee. Committee members shall not have been previously Prayer was offered by Chaplain Tom Dougherty. sanctioned by the House for an ethics violation pursuant to this rule. The Pledge of Allegiance was led by Rebekah Ritthaler, (2) The Caucus Chairman of each party shall conduct the Page. election of ethics committee members as follows: (a) Phase I: At a designated caucus meeting, each Caucus Approval of Journal Chairman shall receive from members of their respective January 22, 2013 caucus a silent ballot nominating to membership on the Mr. Speaker: ethics committee up to three members who have previously We, your COMMITTEE ON JUDICIARY, RULES, AND served at least one full term. Each caucus chairman and ADMINISTRATION, report that we have read and approved the the two elected at-large legislative council members for House Journal of the Fifteenth Legislative Day and recommend the caucus shall prepare a ballot of nominees consisting that same be adopted as corrected. respectively of the five nominees for the majority party and WILLS, Chairman the four nominees for the minority party receiving the most nominating votes. Mr. Wills moved that the report be adopted. Seconded by (b) Phase II: By silent ballot, each member of the majority Mr. Burgoyne. Report adopted. party shall vote for three and of the minority party for two nominees on their respective ballots. The caucus chairman There being no objection, the House advanced to the Fifth and the two elected at-large legislative council members for Order of Business. the caucus shall count the votes and prioritize the members from greatest to least number of votes received. The three Report of Standing Committees members of the majority party and the two members of the January 22, 2013 minority party receiving the highest number of votes shall Mr. Speaker: be members of the ethics committee for the term of the We, your COMMITTEE ON REVENUE AND TAXATION, Legislature. Others receiving votes shall serve in order of report that we have had under consideration H 2, H 3, H 4, H 5, priority as committee alternates for their respective party. and H 12 and recommend that they do pass. (c) Committee members may be reelected to a subsequent COLLINS, Chairman committee. A vacancy on the committee shall be filled with the highest priority alternate available to the party entitled to H 2, H 3, H 4, H 5, and H 12 were filed for second reading. fill the vacancy. When no elected alternates are available to fill a vacancy, such vacancy shall be filled by majority vote There being no objection, the House advanced to the Seventh of the House members of the party entitled to fill the vacancy. Order of Business. Except as otherwise provided in subsection (9) of this rule, a member filling a vacancy shall serve for the remainder of Motions, Memorials, and Resolutions the unexpired term. (d) The Speaker of the House shall appoint one of the HOUSE RESOLUTION NO. 2 members of the committee as chairman of the committee. BY JUDICIARY, RULES, AND ADMINISTRATION (3) (a) The Speaker chairman of the ethics committee COMMITTEE shall receive written, signed complaints from any member A HOUSE RESOLUTION concerning misconduct involving legislative duties by a STATING FINDINGS OF THE HOUSE OF member of the House and such complaint shall be limited REPRESENTATIVES AND PROVIDING FOR THE to, the alleged use of legislative position for personal gain, AMENDMENT OF RULE 76 OF THE RULES OF THE benefit or advantage, alleged conduct unbecoming a member HOUSE OF REPRESENTATIVES. [January 22, 2013 HOUSE JOURNAL 31

of the House or the alleged violation of the Rules of the based upon the complaint, other relevant information and the House of Representatives or the provisions of applicable answer to the complaint, whether probable cause exists that the law of the House. member committed misconduct involving legislative duties as (b) The complaint shall be in writing, signed and contain provided in this rule. If, at the conclusion of the preliminary one or more of the following allegations: investigation, the committee determines no probable cause exists (i) Conduct unbecoming a Representative which is that misconduct involving legislative duties has occurred, the detrimental to the integrity of the House as a legislative complaint shall be dismissed and the written complaint shall body; remain confidential. If, at the conclusion of the preliminary (ii) Disclosure of information that is confidential as investigation, the committee determines probable cause exists provided in House rules; that misconduct involving legislative duties may have occurred, (iii) Conduct constituting a felony under any state law, the committee shall so notify the person complained against and or which violates any state law relating to the use of the written complaint against the member shall no longer be public office for private pecuniary gain; confidential but shall become a public document. (iv) A violation of any state law or House rule relating (45) Following a finding of probable cause and in a timely to conflicts of interest involving legislative duties; or fashion, the committee shall conduct a public hearing before (v) A violation of any state law or House rule that which the member shall be entitled to appear, present evidence, brings discredit to the House of Representatives or that cross-examine witnesses, and be represented by counsel. The constitutes a breach of public trust. complainant or authorized agent of the complainant shall first (c) The complaint shall be specific and provide: present the complaint and supporting evidence and testimony (i) The name of the member of the House of to the committee. The committee shall have the power to take Representatives alleged to be in violation; testimony under oath and to issue subpoenas and subpoenas (ii) Reference to the House rule and/or applicable state duces tecum in the manner provided in Section 67-407, Idaho law supporting the alleged violation; Code, and make inquiry and discover evidence relevant to the (iii) A description of the facts and circumstances allegation. Formal rules of evidence are not applicable; however, supporting each alleged violation; and evidence shall be weighed according to its reliability, and the (iv) The evidence the complainant has at the time of accused may raise objection to any evidence. The accused may making the complaint supporting the facts and violation defer presentation of any defense until all of the evidence has alleged in the complaint. been presented in support of the complaint. The accused shall (d) Subject to the provisions of this rule, the committee have a full and fair opportunity to obtain and review all of the shall review the written complaint. The committee shall evidence in support of the complaint. dismiss any ethics complaint that: (56) If after investigation and hearings held pursuant to (i) Does not comply with this rule; or this rule, the committee finds by clear and convincing evidence (ii) Alleges violations that occurred either before that a violation of the standards contained in this rule occurred, the accused member was first elected to the House of tThe committee may shall make appropriate recommendations Representatives or for which an applicable statute of to the House of Representatives based upon the investigations limitation has run. conducted and hearings held pursuant to this rule. In the (e) Written complaints shall remain confidential until such case of a member of the House By four-fifths vote of the time as an the ethics committee, appointed by the Speaker committee, the committee may shall recommend dismissal of as provided for in this rule, finds probable cause that such the charges, reprimand, censure, or expulsion, provided that a member has committed misconduct involving legislative recommendation for expulsion shall only be based upon a finding duties as provided in this rule. beyond reasonable doubt that misconduct involves commission (2) Whenever such a complaint is received, the Speaker, of a felony or use of public office for pecuniary gain under in a timely fashion, shall appoint a committee on ethics of subsection (3)(b)(iii) of this rule. The sanction of censure may seven members, consisting of four majority party members, be with or without conditions or restrictions placed upon the and three minority party members. The majority party members member. The committee shall prepare a report setting forth its of the committee shall be selected from among the chairmen findings, recommendation and reasons for such recommendation. of committees of reference of the House. The minority party The House of Representatives shall vote on the recommendation members of the committee shall be selected, after considering of the committee, as set forth in the report, during the regular recommendations made by the minority leader, from among the session of the Legislature in which the committee reports. If members of the House who are senior in service and experience. the committee meets and reports during the interim when the The Speaker shall designate the chairman and vice chairman of Legislature is not in session, then the House of Representatives the committee from among its members. shall vote on the committee recommendation during the next (34) The committee shall notify the person against whom regular session of the Legislature. If the committee does not the complaint was brought and shall provide such person with issue a recommendation within thirty days of the conclusion of a copy of the complaint and evidence submitted supporting the the public hearing, the complaint shall be deemed dismissed. complaint. The person complained against may submit a written Expulsion of a House member shall require the affirmative vote answer to the committee. The member complained against shall of two-thirds of the members elected to the House, as provided provide such written answer to the chairman of the committee by Section 11 of Article III of the Constitution. Reprimand no later than fourteen days following the date that the copy of or censure of a member shall require the affirmative vote of a the complaint was provided to the member complained against. majority of the members elected to the House. Action of the Following receipt of the answer or if no answer to the complaint House pursuant to this rule is final and not subject to court is provided to the chairman within the time period provided, the review. committee shall meet and conduct a preliminary investigation (67) The committee may retain such counsel and may hire of the complaint. Notwithstanding the provisions of House such investigators as it deems necessary for the performance of its Rule 57, such meeting shall be held in executive session. At duties under this rule. All expenditures incurred pursuant to this the preliminary investigation, the committee shall determine, subsection (6) shall be approved by the Speaker Chairman and 32 HOUSE JOURNAL January 22, 2013] paid by vouchers and warrants drawn as provided by law from There being no objection, the House advanced to the appropriations made to the Legislative Account. Sixteenth Order of Business. (78) The committee may adopt rules of procedure for the orderly conduct of committee meetings, investigations and Adjournment hearings, which rules shall be consistent with this rule and other applicable rules and statutes. Mr. Moyle moved that the House adjourn until 11 a.m., (89) If the written signed complaint concerns misconduct Wednesday, January 23, 2013. Seconded by Mr. Rusche. Motion of the Speaker, then the duties of the Speaker in this rule shall carried. be the duties of the majority floor leader a member of the ethics Whereupon the Speaker declared the House adjourned at committee, then that member shall be disqualified and shall 11:11 a.m. not serve on the committee for any purpose relating to such SCOTT BEDKE, Speaker complaint. A vacancy on the committee created as a result of this subsection shall be filled by an alternate in accordance ATTEST: with the provisions of subsection (2)(c) of this rule, except that BONNIE ALEXANDER, Chief Clerk the fulfillment of any such vacancy shall only be for purposes relating to such complaint.

BE IT FURTHER RESOLVED that, notwithstanding the timing requirement provided in subsection (1) of Rule 76 of this Resolution, within twelve days from passage of this Resolution by the members of the House of Representatives, assembled in the First Regular Session of the Sixty-second Idaho Legislature, an ethics committee shall be organized and members shall be determined consistent with the provisions of this Resolution. HR 2 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Introduction, First Reading, and Reference of Bills and Joint Resolutions

HOUSE BILL NO. 29 BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE AN ACT RELATING TO JUDICIAL DISTRICTS; AMENDING SECTION 1-804, IDAHO CODE, TO INCREASE THE NUMBER OF JUDGES IN THE THIRD JUDICIAL DISTRICT AND TO INCREASE THE RESIDENT CHAMBERS IN CANYON COUNTY; AMENDING SECTION 1-805, IDAHO CODE, TO INCREASE THE NUMBER OF JUDGES IN THE FOURTH JUDICIAL DISTRICT AND TO INCREASE THE RESIDENT CHAMBERS IN ADA COUNTY; AMENDING SECTION 1-808, IDAHO CODE, TO INCREASE THE NUMBER OF JUDGES IN THE SEVENTH JUDICIAL DISTRICT AND TO PROVIDE ONE RESIDENT CHAMBERS IN JEFFERSON COUNTY; AND PROVIDING AN EFFECTIVE DATE.

HOUSE BILL NO. 30 BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE AN ACT RELATING TO THE ADMINISTRATION OF OATHS AND AFFIRMATIONS; AMENDING CHAPTER 14, TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-1406, IDAHO CODE, TO PROVIDE FOR A CERTIFICATION OR DECLARATION UNDER PENALTY OF PERJURY; AND AMENDING SECTION 18-5402, IDAHO CODE, TO FURTHER DEFINE A TERM AND TO MAKE TECHNICAL CORRECTIONS. H 29 and H 30 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. [January 23, 2013 HOUSE JOURNAL 33

HOUSE JOURNAL There being no objection, the House advanced to the Seventh Order of Business. OF THE Motions, Memorials, and Resolutions IDAHO LEGISLATURE Mr. Moyle asked unanimous consent that, pursuant to House Rule 5, the Speaker be allowed to appoint a member to preside FIRST REGULAR SESSION during his absence, January 24th and 25th. There being no SIXTY-SECOND LEGISLATURE objection, it was so ordered.

HOUSE CONCURRENT RESOLUTION NO. 2 BY ENVIRONMENT, ENERGY, AND TECHNOLOGY COMMITTEE SEVENTEENTH LEGISLATIVE DAY A CONCURRENT RESOLUTION WEDNESDAY, JANUARY 23, 2013 STATING FINDINGS OF THE LEGISLATURE AND RECOGNIZING AND CONGRATULATING MADISON COUNTY AND ITS RESIDENTS FOR THE COUNTY'S House of Representatives CENTENNIAL ANNIVERSARY. The House convened at 11 a.m., the Speaker in the Chair. Be It Resolved by the Legislature of the State of Idaho:

Roll call showed 68 members present. WHEREAS, the county of Madison was established on Absent and excused – Boyle, Hancey. Total – 2. February 18, 1913, with the approval and signature of Governor Total – 70. John M. Haines and is celebrating its Centennial Anniversary Prayer was offered by Chaplain Tom Dougherty. this year; and WHEREAS, Madison County was named for President The Pledge of Allegiance was led by Bronson Gray, Page. James Madison, the fourth president of the United States, with the county seat located at Rexburg, Idaho; and Approval of Journal WHEREAS, Madison County has historical agricultural January 23, 2013 significance in the state, having the first irrigation system, as well Mr. Speaker: as being known as the eighth largest potato growing county in the We, your COMMITTEE ON JUDICIARY, RULES, AND nation. The county is also home to twenty-one Century Farms, ADMINISTRATION, report that we have read and approved the those farms officially recognized as having been continuously House Journal of the Sixteenth Legislative Day and recommend owned by a single family for one hundred years or more; and that same be adopted as corrected. WHEREAS, Madison County graduates a high percentage of WILLS, Chairman not only its high school students but also its university students who attend the second largest university in Idaho, Brigham Young Mr. Wills moved that the report be adopted. Seconded by University-Idaho, formerly Ricks College; and Mr. Burgoyne. Report adopted. WHEREAS, Madison County is one of the fastest growing counties in the State of Idaho and is known as the business hub Consideration of Messages from the of the Upper Snake River Valley; and Governor and the Senate WHEREAS, Madison County is recognized as the heart of January 23, 2013 tourism of the Upper Snake River Valley with visitor attractions Mr. Speaker: including Yellowstone Bear World, Teton Dam Flood Museum, I transmit herewith SCR 101 which has passed the Senate. -Idaho Campus, Idaho's International NOVAK, Secretary Dance and Music Festival, the Legacy Flight Museum, Idaho's only restored, authentic wooden carousel, the Idaho Centennial SCR 101 was filed for first reading. Carousel, and the Rexburg Tabernacle. Madison County is also Report of Standing Committees the home of Green Canyon Hot Springs, the first hot springs discovered in eastern Idaho, a widely known tourist attraction. January 23, 2013 The hot springs were first visited by white men in 1811. Wilson Mr. Speaker: Price Hunt visited the hot springs while spending time at Fort We, your COMMITTEE ON JUDICIARY, RULES, AND Henry. The springs issue forth from the base of the Big Hole ADMINISTRATION, report that we have printed HR 2, H 29, mountains at a temperature of 115 degrees, with the water and H 30. containing magnesium, lime and a trace of iron but no sulfur; WILLS, Chairman and WHEREAS, there are also four protected areas in HR 2, H 29, and H 30 were referred to the Judiciary, Rules, Madison County offering recreational opportunities, including and Administration Committee. Caribou-Targhee National Forest, Cartier Slough Wildlife January 23, 2013 Management Area, Deer Park Wildlife Management Area and Mr. Speaker: the twin Menan Buttes, two of the world's largest volcanic tuff We, your COMMITTEE ON REVENUE AND TAXATION, cones; and report that we have had under consideration H 14, H 15, H 22, WHEREAS, five men with connections to Madison County and H 23 and recommend that they do pass. went on to become governors, including Charles Calvin Moore COLLINS, Chairman (ID), Arnold Williams (ID), George Romney (MI), Mark Parkinson (KS) and (MA). Two men from Madison H 14, H 15, H 22, and H 23 were filed for second reading. County went on to become congressmen. They were Sherman 34 HOUSE JOURNAL January 23, 2013]

Parkinson Lloyd (UT) and Richard Stallings (ID). In addition, rulemaking to provide that cursive handwriting shall be taught Madison County is also home to one of Idaho's former Lt. in the public elementary schools of this state. Governors, Lt. Governor Mark Ricks. BE IT FURTHER RESOLVED that the State Board of WHEREAS, the Madison County Centennial Celebration Education shall report its progress in its rulemaking pursuant to Committee, consisting of nearly fifty volunteers, will kick off this Resolution to the Second Regular Session of the Sixty-second the Centennial Celebration on February 18, 2013, one hundred Idaho Legislature. years from the date Madison County was created, with a Ribbon Cutting Ceremony and Photo History Exhibit at the Madison HOUSE CONCURRENT RESOLUTION NO. 4 County Courthouse. Other events will include a Centennial Ball BY STATE AFFAIRS COMMITTEE and significant community celebrations held in connection with A CONCURRENT RESOLUTION Independence Day events and Madison County Fair events. COMMENDING IDAHO NATIVE KRISTIN NOW, THEREFORE, BE IT RESOLVED by the members of ARMSTRONG FOR HER ACCOMPLISHMENTS AT THE the First Regular Session of the Sixty-second Idaho Legislature, 2012 SUMMER OLYMPICS IN LONDON, ENGLAND, AND the House of Representatives and the Senate concurring therein, FOR HER SUPERIOR ATTITUDE, WORK ETHIC, FOCUS that we hereby recognize and congratulate Madison County and AND EXEMPLARY CONDUCT. its residents for Madison County's Centennial Anniversary on February 18, 2013. Be It Resolved by the Legislature of the State of Idaho: WHEREAS, Kristin Armstrong has been a longtime resident HOUSE CONCURRENT RESOLUTION NO. 3 of Idaho and currently resides in Boise; and BY EDUCATION COMMITTEE WHEREAS, Kristin Armstrong holds a Bachelor of Science A CONCURRENT RESOLUTION degree in sports physiology from the University of Idaho College STATING FINDINGS OF THE LEGISLATURE AND of Education; and REQUESTING THE STATE BOARD OF EDUCATION WHEREAS, Kristin Armstrong is a tireless volunteer who COMMENCE RULEMAKING TO PROVIDE THAT CURSIVE promotes physical fitness and health in numerous community HANDWRITING SHALL BE TAUGHT IN THE PUBLIC groups and serves as an ambassador to the YMCA of Boise; and ELEMENTARY SCHOOLS OF THIS STATE. WHEREAS, Kristin Armstrong is a world-class athlete and has climbed to the top of her profession, becoming one of the Be It Resolved by the Legislature of the State of Idaho: most accomplished American cyclists of all time in the face of great adversity, winning all of her cycling victories after being WHEREAS, the Legislature recognizes that handwriting, diagnosed with osteoarthritis in 2001; and based upon empirical evidence from neuroscience, plays a WHEREAS, prior to the 2012 Summer Olympics, Kristin major role in the visual recognition and learning of letters; and Armstrong was a two-time USA Cycling National Road Race this is something the State of Idaho should be aware of in an Champion, three-time USA Cycling National Time Trial educational context. The State of Idaho recognizes that those Champion, 2006 and 2009 World Time Trial Champion and who learn to write by hand learn better; and the Individual Time Trial Gold Medalist of the 2008 Summer WHEREAS, there have been studies where cursive Olympics, making her the first Boise resident to win an Olympic handwriting has helped students with their fine motor skills Gold Medal; and and made them more graceful; these students show more of an WHEREAS, Kristin Armstrong overcame injury and interest in art because they are able to form things they hadn't adversity in 2012 to become the Individual Time Trial Gold before and they have new muscle movements that they didn't Medalist of the 2012 Summer Olympics in London, England, know before; and earning her second Gold Medal in two Olympics; and WHEREAS, there was an experiment involving two groups WHEREAS, Kristin Armstrong is respected throughout the of adults in which participants were taught a new, foreign world as a fierce competitor but also as a friendly compatriot alphabet. One group learned the characters by hand, the other when the race is over; and learned only to recognize them on a screen and with a keyboard. WHEREAS, Kristin Armstrong's performance in the 2012 Weeks after the experiment, the group that learned the letters Summer Olympics has further inspired and renewed an interest in by hand consistently scored better on recognition tests than cycling that promotes a healthy lifestyle and enhances the image those who learned with a keyboard. Brain scans of the hands-on of Idaho as a state with an active and vibrant outdoor culture; and group also showed greater activity in the part of the brain that WHEREAS, Kristin Armstrong continues to be a positive controls language comprehension, motor-related processes and and inspirational example of sportsmanship for all of Idaho. speech-associated gestures; and NOW, THEREFORE, BE IT RESOLVED by the members of WHEREAS, the Legislature also recognizes that there are the First Regular Session of the Sixty-second Idaho Legislature, reliable scientific studies that show, for some important aspects the House of Representatives and the Senate concurring therein, of reading and composition, digital technology may not be as that we recognize and honor Kristin Armstrong for her Gold important as handwriting; and Medal winning performance at the 2012 Summer Olympics in WHEREAS, the Legislature also recognizes that if the London, England, for her superior attitude, work ethic, focus and cursive script is not taught, the time will come when people will exemplary conduct and for the pride and inspiration she brings not be able to read old diaries, journals, letters, documents and to Idaho and to America. the like written in cursive. This will have a negative effect on the study of genealogy and family history and will weaken society's HCR 2, HCR 3, and HCR 4 were introduced, read the relationship to its past. first time by title, and referred to the Judiciary, Rules, and NOW, THEREFORE, BE IT RESOLVED by the members of Administration Committee for printing. the First Regular Session of the Sixty-second Idaho Legislature, the House of Representatives and the Senate concurring therein, SCR 101, by State Affairs Committee, was introduced, read that the State Board of Education is requested to commence the first time by title, and referred to the State Affairs Committee. [January 23, 2013 HOUSE JOURNAL 35

Introduction, First Reading, and Reference HOUSE BILL NO. 36 of Bills and Joint Resolutions BY HEALTH AND WELFARE COMMITTEE AN ACT HOUSE BILL NO. 31 RELATING TO THE BOARD OF NURSING HOME BY HEALTH AND WELFARE COMMITTEE ADMINISTRATORS; AMENDING SECTION 54-1612, AN ACT IDAHO CODE, TO ESTABLISH PROVISIONS RELATING RELATING TO THE BOARD OF DENTISTRY; TO THE IMPOSITION OF A FINE UPON A LICENSEE BY AMENDING SECTION 54-924, IDAHO CODE, TO PROVIDE THE BOARD OF NURSING HOME ADMINISTRATORS FOR PROFESSIONAL LIMITED LIABILITY COMPANIES AND TO MAKE TECHNICAL CORRECTIONS. IN DENTAL PRACTICE NAMING STANDARDS AND TO CLARIFY DENTAL PRACTICE OWNERSHIP STANDARDS. HOUSE BILL NO. 37 BY ENVIRONMENT, ENERGY, AND TECHNOLOGY HOUSE BILL NO. 32 COMMITTEE BY HEALTH AND WELFARE COMMITTEE AN ACT AN ACT RELATING TO THE WOOD AND MILL YARD DEBRIS RELATING TO THE BOARD OF PSYCHOLOGIST COMMITTEE; AMENDING SECTION 39-173, IDAHO EXAMINERS; AMENDING SECTION 54-2305, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE CODE, TO PROVIDE THAT THE BOARD SHALL HAVE THE APPOINTMENT OF THE WOOD AND MILL YARD POWER TO ESTABLISH BY RULE THE STANDARDS AND DEBRIS COMMITTEE; AND AMENDING SECTION 39-174, REQUIREMENTS FOR THE USE OF COMMUNICATION IDAHO CODE, TO PROVIDE FOR MEETINGS OF THE TECHNOLOGY IN THE PRACTICE OF PSYCHOLOGY, COMMITTEE AND TO PROVIDE A PROCESS FOR SUCH INCLUDING SUPERVISION. MEETINGS.

HOUSE BILL NO. 38 HOUSE BILL NO. 33 BY ENVIRONMENT, ENERGY, AND TECHNOLOGY BY HEALTH AND WELFARE COMMITTEE COMMITTEE AN ACT AN ACT RELATING TO THE OCCUPATIONAL THERAPY RELATING TO THE COMPREHENSIVE STATE LICENSING BOARD; AMENDING SECTION 54-3705, WATER PLAN; RATIFYING AND APPROVING THE IDAHO CODE, TO REVISE PROVISIONS RELATING TO COMPREHENSIVE STATE WATER PLAN AS ADOPTED BY A LIMITED PERMIT AND TO MAKE A TECHNICAL THE IDAHO WATER RESOURCE BOARD ON NOVEMBER CORRECTION. 28, 2012; TO PROVIDE THAT ALL STATE AGENCIES SHALL EXERCISE THEIR DUTIES IN A MANNER CONSISTENT WITH THE COMPREHENSIVE STATE HOUSE BILL NO. 34 WATER PLAN; AND DECLARING AN EMERGENCY. BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO THE SPEECH AND HEARING HOUSE BILL NO. 39 SERVICES PRACTICE ACT; AMENDING SECTION 54-2909, BY TRANSPORTATION AND DEFENSE COMMITTEE IDAHO CODE, TO REVISE PROVISIONS RELATING AN ACT TO A QUORUM OF THE BOARD; AND AMENDING RELATING TO RECREATIONAL VEHICLES; SECTION 54-2912, IDAHO CODE, TO PROVIDE THAT AMENDING SECTION 49-445, IDAHO CODE, TO PROVIDE AN APPLICANT FOR LICENSURE SHALL PROVIDE THAT INITIAL LICENSE FEES FOR RECREATIONAL DOCUMENTATION THAT SUCH APPLICANT POSSESSES VEHICLES SHALL BE PRORATED ON A MONTHLY BASIS A DOCTORAL DEGREE WITH EMPHASIS IN AUDIOLOGY FOR NEW OWNERS AND SUBSEQUENT RENEWALS OF AND THAT THE APPLICANT SHALL SUCCESSFULLY ANNUAL LICENSES SHALL REQUIRE ANNUAL FEES; COMPLETE A SUPERVISED ACADEMIC CLINICAL AND DECLARING AN EMERGENCY. PRACTICUM.

HOUSE BILL NO. 40 HOUSE BILL NO. 35 BY TRANSPORTATION AND DEFENSE COMMITTEE BY HEALTH AND WELFARE COMMITTEE AN ACT AN ACT RELATING TO CROSS-COUNTRY SKIING; RELATING TO THE BOARD OF SOCIAL WORK REPEALING SECTION 67-7119, IDAHO CODE, RELATING EXAMINERS; AMENDING SECTION 54-3204, IDAHO TO CROSS-COUNTRY SKIING ADVISORY COMMITTEES. CODE, TO PROVIDE THAT THE BOARD MAY REVIEW THE PRACTICE OF A LICENSED SOCIAL WORKER WHO IS THE SUBJECT OF A CERTAIN COMPLAINT, TO HOUSE BILL NO. 41 ESTABLISH PROVISIONS RELATING TO SUCH REVIEW BY HEALTH AND WELFARE COMMITTEE AND TO MAKE A TECHNICAL CORRECTION; AND AN ACT AMENDING SECTION 54-3211, IDAHO CODE, TO REVISE RELATING TO DRIVER'S LICENSES; AMENDING PROVISIONS RELATING TO THE BOARD'S AUTHORITY SECTION 49-326, IDAHO CODE, TO CLARIFY WHEN TO REFUSE TO ISSUE A LICENSE, REFUSE TO RENEW A VISUALLY IMPAIRED INDIVIDUALS ARE CONSIDERED LICENSE OR TO TAKE OTHER DISCIPLINARY ACTION COMPETENT TO DRIVE A MOTOR VEHICLE AND TO AND TO MAKE A TECHNICAL CORRECTION. MAKE TECHNICAL CORRECTIONS. 36 HOUSE JOURNAL January 23, 2013]

H 31, H 32, H 33, H 34, H 35, H 36, H 37, H 38, H 39, H 40, and H 41 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions H 2, H 3, H 4, H 5, and H 12, by Revenue and Taxation Committee, were read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, January 24, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:14 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 24, 2013 HOUSE JOURNAL 37

HOUSE JOURNAL Independence of the United States of America, the two hundred and thirty-seventh year. OF THE /s/ C.L. "BUTCH" OTTER Governor IDAHO LEGISLATURE /s/ BEN T. YSURSA Secretary of State FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker Pro Tem announced the oath of office had previously been administered to Lee Barron. EIGHTEENTH LEGISLATIVE DAY Report of Standing Committees THURSDAY, JANUARY 24, 2013 January 24, 2013 Mr. Speaker: House of Representatives We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 2, The House convened at 11 a.m., Mr. Moyle in the Chair. HCR 3, HCR 4, H 31, H 32, H 33, H 34, H 35, H 36, H 37, Roll call showed 66 members present. H 38, H 39, H 40, and H 41. Absent and excused – Henderson, Nielsen, Romrell, WILLS, Chairman Mr. Speaker. Total – 4. HCR 2 and H 37 were referred to the Environment, Energy, Total – 70. and Technology Committee. Prayer was offered by Chaplain Tom Dougherty. HCR 3 was referred to the Education Committee. The Pledge of Allegiance was led by Shannon Cooper, Page. H 31, H 32, H 33, H 34, H 35, and H 36 were referred to Approval of Journal the Health and Welfare Committee. January 24, 2013 H 38 was referred to the Resources and Conservation Mr. Speaker: Committee. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved H 39, H 40, and H 41 were referred to the Transportation the House Journal of the Seventeenth Legislative Day and and Defense Committee. recommend that same be adopted as corrected. HCR 4 was filed for second reading. WILLS, Chairman There being no objection, the House advanced to the Eighth Mr. Wills moved that the report be adopted. Seconded by Order of Business. Mr. Burgoyne. Report adopted. Introduction, First Reading, and Reference Consideration of Messages from the of Bills and Joint Resolutions Governor and the Senate THE OFFICE OF THE GOVERNOR HOUSE BILL NO. 42 EXECUTIVE DEPARTMENT BY STATE AFFAIRS COMMITTEE BOISE, IDAHO AN ACT RELATING TO COUNTIES; AMENDING SECTIONS CERTIFICATE OF APPOINTMENT 31-126 AND 31-129, IDAHO CODE, TO REVISE THE BOUNDARY DESCRIPTIONS OF GOODING COUNTY KNOW ALL MEN, by these Presents that Steven Miller, AND JEROME COUNTY; AMENDING SECTIONS 31-134 State Representative, District 26, House Seat A, Camas County, AND 31-136, IDAHO CODE, TO REVISE THE BOUNDARY State of Idaho, pursuant to the provisions of Section 59-917, DESCRIPTIONS OF LINCOLN COUNTY AND MINIDOKA Idaho Code, has nominated Lee Barron of Corral, Idaho, to COUNTY AND TO MAKE TECHNICAL CORRECTIONS; perform the duties of this office temporarily as Acting State AND DECLARING AN EMERGENCY. Representative. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor HOUSE BILL NO. 43 of the State of Idaho, by virtue of the authority vested in me BY COMMERCE AND HUMAN RESOURCES by Section 59-917, Idaho Code, do hereby appoint Lee Barron, COMMITTEE Acting State Representative, District 26, House Seat A, Camas AN ACT County, State of Idaho, for a term commencing on January RELATING TO THE ECONOMIC ADVISORY COUNCIL 24, 2013, and continuing until the incumbent shall resume the FOR THE DEPARTMENT OF COMMERCE; AMENDING performance of the duties. SECTION 67-4704, IDAHO CODE, TO CLARIFY THAT IN TESTIMONY WHEREOF, I have hereunto set my hand MEMBERS OF THE ECONOMIC ADVISORY COUNCIL and caused to be affixed the Great Seal of the State of Idaho. SERVE AT THE PLEASURE OF THE GOVERNOR AND TO Done at Boise, the Capital of Idaho, this 22nd day of January, PROVIDE THAT NO MORE THAN FOUR MEMBERS OF in the year of our Lord two thousand and thirteen and of the 38 HOUSE JOURNAL January 24, 2013]

THE ECONOMIC ADVISORY COUNCIL SHALL BE FROM WATER RESOURCES TO APPOINT A SUCCESSOR ANY ONE POLITICAL PARTY. WATERMASTER UNDER CERTAIN CONDITIONS AND TO PROVIDE A PROCEDURE. HOUSE BILL NO. 44 BY COMMERCE AND HUMAN RESOURCES HOUSE BILL NO. 48 COMMITTEE BY RESOURCES AND CONSERVATION COMMITTEE AN ACT AN ACT RELATING TO EMPLOYMENT SECURITY LAW; RELATING TO INJECTION WELLS; AMENDING AMENDING CHAPTER 13, TITLE 72, IDAHO CODE, SECTION 42-3908, IDAHO CODE, TO PROVIDE THAT BY THE ADDITION OF A NEW SECTION 72-1351B, THE DIRECTOR OF THE DEPARTMENT OF WATER IDAHO CODE, TO PROHIBIT CERTAIN RELIEF FROM RESOURCES SHALL REQUIRE GOOD AND SUFFICIENT LIABILITY RELATING TO BENEFITS PAID TO A SECURITY AS A CONDITION OF EVERY CLASS II CLAIMANT THAT ARE SUBSEQUENTLY DETERMINED INJECTION WELL PERMIT, TO PROVIDE FOR THE TO BE OVERPAID, TO PROVIDE CONDITIONS, TO FORM OF SECURITY, TO PROVIDE THE BASIS FOR CLARIFY WHAT CONSTITUTES A TIMELY RESPONSE, SECURITY, TO PROVIDE FOR THE AMOUNT OF TO PROVIDE FOR EXTENDED TIME LIMITS, TO CLARIFY SECURITY, TO PROVIDE THAT THE SECURITY SHALL WHAT CONSTITUTES AN ADEQUATE RESPONSE, BE CONDITIONED UPON CERTAIN PERFORMANCE, TO CLARIFY WHAT CONSTITUTES A PATTERN OF TO PROVIDE FOR THE DURATION OF THE SECURITY, FAILURE TO RESPOND TIMELY AND ADEQUATELY, TO TO PROVIDE THAT WELL DECOMMISSIONING SHALL PROVIDE FOR NOTIFICATION OF THE DEPARTMENT INCLUDE CERTAIN RECLAMATION OF THE WELL OF LABOR'S DETERMINATION AND TO PROVIDE SITE AND TO AUTHORIZE ADDITIONAL SECURITY FOR APPEAL; AMENDING SECTION 72-1369, IDAHO REQUIREMENTS UNDER CERTAIN CIRCUMSTANCES. CODE, TO PROVIDE FOR THE COLLECTION OF CIVIL PENALTIES, TO PROVIDE FOR THE DEPOSIT HOUSE BILL NO. 49 OF CIVIL PENALTIES INTO SPECIFIED FUNDS AND BY RESOURCES AND CONSERVATION COMMITTEE TO LIMIT THE COMPROMISE OF CIVIL PENALTIES; AN ACT AMENDING SECTION 72-1603, IDAHO CODE, TO RELATING TO INJECTION WELLS; AMENDING REVISE A DEFINITION AND TO MAKE TECHNICAL SECTION 42-3902, IDAHO CODE, TO DEFINE "CLASS II CORRECTIONS; AND PROVIDING EFFECTIVE DATES. INJECTION WELL"; AND AMENDING SECTION 42-3905, IDAHO CODE, TO REVISE FILING FEE PROVISIONS AND HOUSE BILL NO. 45 TO PROVIDE A FILING FEE FOR CLASS II INJECTION BY BUSINESS COMMITTEE WELLS. AN ACT RELATING TO ENGINEERS AND SURVEYORS; HOUSE BILL NO. 50 AMENDING SECTION 54-1202, IDAHO CODE, TO BY RESOURCES AND CONSERVATION COMMITTEE DEFINE A TERM, TO REVISE DEFINITIONS AND TO AN ACT MAKE A TECHNICAL CORRECTION; AMENDING RELATING TO HYDROPOWER; AMENDING SECTION SECTION 54-1220, IDAHO CODE, TO REVISE 42-203B, IDAHO CODE, TO REVISE PROVISIONS PROVISIONS RELATING TO DISCIPLINARY ACTIONS RELATING TO THE AUTHORITY OF THE DIRECTOR OF AND PROCEDURES; AMENDING SECTION 54-1221, THE IDAHO DEPARTMENT OF WATER RESOURCES TO IDAHO CODE, TO REVISE PROVISIONS RELATING LIMIT A PERMIT OR LICENSE FOR POWER PURPOSES TO THE REISSUANCE OF LICENSES, TO PROVIDE TO A TERM, TO PROVIDE THAT THE TERM MAY BE REQUIREMENTS RELATING TO THE REISSUANCE OF IN CERTAIN FORMS, TO REVISE AN EXCEPTION TO WALL CERTIFICATES AND TO MAKE A TECHNICAL APPLICABILITY, TO REVISE PROVISIONS RELATING CORRECTION; AND AMENDING SECTION 54-1228, TO THE CONSIDERATION OF CERTAIN FACTORS IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY. REGARDING THE DIRECTOR'S LIMITATION OF A PERMIT OR LICENSE TO A TERM, TO REMOVE HOUSE BILL NO. 46 REFERENCE TO A TERM OF YEARS, TO PROVIDE BY BUSINESS COMMITTEE THAT THE TERM, ONCE ESTABLISHED, SHALL NOT AN ACT BE MODIFIED EXCEPT IN ACCORDANCE WITH DUE RELATING TO FIRE ESCAPES AND DOORS; PROCESS OF LAW PRIOR TO EXPIRING, TO PROVIDE REPEALING SECTION 39-1901, IDAHO CODE, FOR THE AUTOMATIC EXTENSION OF A TERM WITH RELATING TO FIRE ESCAPES PROVIDED FOR CERTAIN ANNUAL RENEWALS OF THE PROJECT'S FEDERAL STRUCTURES; REPEALING SECTION 39-1902, IDAHO ENERGY REGULATORY COMMISSION (FERC) LICENSE, CODE, RELATING TO HOW FIRE ESCAPES ARE TO PROVIDE THAT THE DIRECTOR MAY REVIEW SUCH ATTACHED; REPEALING SECTION 39-1904, IDAHO WATER RIGHT LICENSES AND ISSUE CERTAIN ORDERS CODE, RELATING TO THE PENALTY FOR VIOLATIONS; PRIOR TO THE ISSUANCE OF A SUBSEQUENT OR NEW AND REPEALING SECTION 39-1905, IDAHO CODE, FERC LICENSE, TO PROVIDE FOR THE EFFECTIVE RELATING TO DOORS ON PUBLIC BUILDINGS. DATE OF SUCH ORDERS, TO PROVIDE FOR AUTOMATIC EXTENSION OF TERMS WHERE SUCH ORDER IS NOT HOUSE BILL NO. 47 ISSUED AND FOR THE CONTINUED EFFECTIVENESS BY RESOURCES AND CONSERVATION COMMITTEE OF ORIGINAL CONDITIONS, TO PROVIDE FOR THE AN ACT DIRECTOR'S REVIEW OF TERMS NOT ESTABLISHED RELATING TO WATERMASTERS; AMENDING BY REFERENCE TO A PROJECT'S FERC LICENSE, TO SECTION 42-605, IDAHO CODE, TO AUTHORIZE PROVIDE THAT THE DIRECTOR MAY REVIEW SUCH THE DIRECTOR OF THE DEPARTMENT OF WATER RIGHT LICENSES AND ISSUE CERTAIN ORDERS [January 24, 2013 HOUSE JOURNAL 39

PRIOR TO EXPIRATION OF THE TERM, TO PROVIDE FOR Roll call resulted as follows: THE EFFECTIVE DATE OF SUCH ORDERS, TO PROVIDE AYES – Agidius, Anderson(01), Anderson(31), Anderst, FOR AUTOMATIC EXTENSION OF TERMS WHERE SUCH Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, ORDER IS NOT ISSUED AND FOR THE CONTINUED Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, EFFECTIVENESS OF ORIGINAL CONDITIONS AND TO Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, MAKE A TECHNICAL CORRECTION. Harris, Hartgen, Hixon, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, HOUSE BILL NO. 51 Miller(Barron), Monks, Morse, Moyle, Packer, Palmer, Patterson, BY REVENUE AND TAXATION COMMITTEE Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Sims, Smith, AN ACT Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, RELATING TO INCOME TAXATION; AMENDING Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION Youngblood. Total – 65. OF A NEW SECTION 63-3029L, IDAHO CODE, TO NAYS – Holtzclaw. Total – 1. DEFINE TERMS, TO PROVIDE FOR CERTIFICATION, TO Absent and excused – Henderson, Nielsen, Romrell, PROVIDE THE AGRICULTURE VALUE ADDED INCOME Mr. Speaker. Total – 4. TAX CREDIT, TO PROVIDE THE TAXABLE YEAR FOR Total – 70. THE AGRICULTURE VALUE ADDED INCOME TAX CREDIT, TO PROVIDE PROCEDURES, TO PROVIDE FOR Whereupon the Speaker Pro Tem declared that H 2 passed INVESTMENT REPORTING FORMS, TO PROVIDE RULES the House. Title was approved and the bill ordered transmitted to AND TO PROVIDE APPLICATION; DECLARING AN the Senate. EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING A SUNSET CLAUSE. H 3 - TAX COMMISSION

HOUSE BILL NO. 52 H 3 was read the third time at length, section by section, and BY REVENUE AND TAXATION COMMITTEE placed before the House for final consideration. AN ACT At this time, the Speaker Pro Tem recognized RELATING TO THE CIRCUIT BREAKER PROPERTY Mr. Anderson(31) to open debate. TAX RELIEF PROGRAM; AMENDING SECTION 63-713, IDAHO CODE, TO DEFINE A TERM; AMENDING SECTION The question being, "Shall H 3 pass?" 63-714, IDAHO CODE, TO REVISE GROUNDS WHEN NO APPLICATION FOR DEFERRAL OF PROPERTY TAXES Roll call resulted as follows: SHALL BE GRANTED; AMENDING SECTION 63-718, AYES – Agidius, Anderson(01), Anderson(31), Anderst, IDAHO CODE, TO REVISE PROVISIONS RELATING TO Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, EVENTS TERMINATING DEFERRAL AND PAYMENT Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, OF DEFERRED TAX AND INTEREST; AMENDING Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, SECTION 63-720, IDAHO CODE, TO REVISE PROVISIONS Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, RELATING TO RECOVERY OF ERRONEOUS AND OTHER Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, IMPROPER DEFERRALS AND TO MAKE A TECHNICAL Miller(Barron), Monks, Morse, Moyle, Packer, Palmer, Patterson, CORRECTION; DECLARING AN EMERGENCY AND Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Sims, Smith, PROVIDING RETROACTIVE APPLICATION. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood. Total – 66. H 42, H 43, H 44, H 45, H 46, H 47, H 48, H 49, H 50, NAYS – None. H 51, and H 52 were introduced, read the first time by title, and Absent and excused – Henderson, Nielsen, Romrell, referred to the Judiciary, Rules, and Administration Committee Mr. Speaker. Total – 4. for printing. Total – 70. There being no objection, the House advanced to the Tenth Whereupon the Speaker Pro Tem declared that H 3 passed Order of Business. the House. Title was approved and the bill ordered transmitted to the Senate. Second Reading of Bills and Joint Resolutions H 4 - TAX COMMISSION H 14, H 15, H 22, and H 23, by Revenue and Taxation Committee, were read the second time by title and filed for third H 4 was read the third time at length, section by section, and reading. placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker Pro Tem recognized Mr. Burgoyne to open debate. H 2 - INCOME TAX The question being, "Shall H 4 pass?" H 2 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker Pro Tem recognized Mr. Kauffman Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, to open debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, The question being, "Shall H 2 pass?" Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, 40 HOUSE JOURNAL January 24, 2013]

Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller(Barron), Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood. Total – 65. NAYS – None. Absent and excused – Henderson, Nielsen, Romrell, Wills, Mr. Speaker. Total – 5. Total – 70. Whereupon the Speaker Pro Tem declared that H 4 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Crane asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered.

****** At this time, Mr. Wills introduced Roger S. Burdick, Chief Justice of the Idaho Supreme Court, who delivered the State of the Judiciary Address to the members of the House.

****** There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Crane moved that the House adjourn until 8 a.m., Friday, January 25, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker Pro Tem declared the House adjourned at 11:52 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 25, 2013 HOUSE JOURNAL 41

HOUSE JOURNAL Motions, Memorials, and Resolutions OF THE HOUSE CONCURRENT RESOLUTION NO. 5 BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION IDAHO LEGISLATURE STATING FINDINGS OF THE LEGISLATURE AND COMMEMORATING THE IDAHO TERRITORIAL FIRST REGULAR SESSION SESQUICENTENNIAL AND PROVIDING THAT THE SIXTY-SECOND LEGISLATURE LEGISLATIVE AUDITORIUM BE NAMED THE ABRAHAM LINCOLN AUDITORIUM.

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

NINETEENTH LEGISLATIVE DAY WHEREAS, March 4, 2013, marks the 150th anniversary of FRIDAY, JANUARY 25, 2013 the creation of the Idaho Territory by President Abraham Lincoln in 1863; and WHEREAS, the Idaho Territorial Sesquicentennial is a once House of Representatives in a lifetime opportunity to educate individuals and communities across our state about their heritage and to commemorate this The House convened at 8 a.m., Mr. Moyle in the Chair. 150th milestone; and Roll call showed 63 members present. WHEREAS, the Sesquicentennial will shape our state by Absent and excused – Anderson(01), Barrett, Burgoyne, helping Idahoans explore and appreciate our territorial roots Henderson, Loertscher, Morse, Mr. Speaker. Total – 7. while creating lasting legacies for the future; and Total – 70. WHEREAS, Abraham Lincoln as president was involved in choosing the name "Idaho" for a new territory, lobbied Congress Prayer was offered by Chaplain Tom Dougherty. to accomplish passage of the Idaho Act, and appointed the first two territorial governors and thirteen other men to judicial and The Pledge of Allegiance was led by Bronson Gray, Page. federal office in Idaho prior to April 14, 1865; and WHEREAS, among President Lincoln's last official acts in Approval of Journal the White House on the final day of his life was the authorizing January 25, 2013 of additional appointments to fill vacancies in office for the Idaho Mr. Speaker: Territory; and We, your COMMITTEE ON JUDICIARY, RULES, AND WHEREAS, President Lincoln also contributed to the ADMINISTRATION, report that we have read and approved the development of the State of Idaho through his support of the House Journal of the Eighteenth Legislative Day and recommend Homestead Act, the Morrill Act that established land grant that same be adopted as corrected. colleges, and by the launching of a transcontinental railway; and WILLS, Chairman WHEREAS, Abraham Lincoln embodies the essence of the American spirit, preserving the nation and creating a peace "with Mr. Wills moved that the report be adopted. Seconded by malice toward none and charity for all." Mr. Burgoyne. Report adopted. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, There being no objection, the House advanced to the Fifth the House of Representatives and the Senate concurring therein, Order of Business. that we commemorate the historic 150th anniversary of the creation of the Idaho Territory by President Abraham Lincoln. BE IT FURTHER RESOLVED that the Legislative Report of Standing Committees Auditorium in the West Wing of the State Capitol Building be January 25, 2013 named and forever known as the Abraham Lincoln Auditorium Mr. Speaker: and that legislative leadership working with the State Historical We, your COMMITTEE ON JUDICIARY, RULES, AND Society and the Capitol Commission provide appropriate signs, ADMINISTRATION, report that we have printed H 42, H 43, plaques, exhibits or works of art associated with Abraham H 44, H 45, H 46, H 47, H 48, H 49, H 50, H 51, and H 52. Lincoln and that these be placed in or near the Abraham Lincoln WILLS, Chairman Auditorium. H 42 was referred to the State Affairs Committee. HCR 5 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee H 43 and H 44 were referred to the Commerce and Human for printing. Resources Committee. Introduction, First Reading, and Reference H 45 and H 46 were referred to the Business Committee. of Bills and Joint Resolutions

H 47, H 48, H 49, and H 50 were referred to the Resources HOUSE BILL NO. 53 and Conservation Committee. BY STATE AFFAIRS COMMITTEE H 51 and H 52 were referred to the Revenue and Taxation AN ACT Committee. RELATING TO THE BOND BANK AUTHORITY; AMENDING SECTION 67-8703, IDAHO CODE, TO There being no objection, the House advanced to the Seventh CLARIFY SALARIES FOR CERTAIN MEMBERS OF THE Order of Business. BOND BANK AUTHORITY. 42 HOUSE JOURNAL January 25, 2013]

HOUSE BILL NO. 54 HOUSE BILL NO. 59 BY STATE AFFAIRS COMMITTEE BY RUSCHE AN ACT AN ACT RELATING TO INSURANCE PRODUCERS; RELATING TO BALLOTS; PROVIDING A SHORT AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, TITLE; AND AMENDING CHAPTER 9, TITLE 34, IDAHO BY THE ADDITION OF A NEW SECTION 41-1090, CODE, BY THE ADDITION OF A NEW SECTION 34-904B, IDAHO CODE, TO DEFINE A TERM, TO PROVIDE IDAHO CODE, TO PROVIDE REQUIREMENTS RELATING THAT PRODUCERS MAY PARTICIPATE IN A HEALTH TO THE PAYMENT OF CLOSED PRIMARY ELECTION INSURANCE EXCHANGE, TO PROVIDE FOR PAYMENT EXPENSES. TO PRODUCERS PARTICIPATING IN THE EXCHANGE AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE HOUSE BILL NO. 60 RULES. BY GANNON AN ACT RELATING TO REGISTRATION OF ELECTORS; HOUSE BILL NO. 55 PROVIDING A SHORT TITLE; AMENDING SECTION BY STATE AFFAIRS COMMITTEE 34-404, IDAHO CODE, TO PROVIDE FOR REGISTRATION AN ACT OF ELIGIBLE ELECTORS AT DRIVER LICENSING RELATING TO THE IDAHO TELEPHONE OFFICES AND TO PROVIDE THAT THE DIVISION OF SOLICITATION ACT; AMENDING SECTION 48-1003A, MOTOR VEHICLES SHALL FORWARD REGISTRATION IDAHO CODE, TO REMOVE AN EXCEPTION, TO CARDS TO THE OFFICE OF THE COUNTY CLERK. REMOVE CERTAIN DEFINITIONS, TO PROVIDE THAT IT IS NOT A VIOLATION OF THE PROVISIONS OF THIS HOUSE BILL NO. 61 SECTION FOR A TELEPHONE SOLICITATION TO BE BY KING MADE BY OR ON BEHALF OF A BUSINESS HAVING AN AN ACT EXISTING OR ESTABLISHED BUSINESS RELATIONSHIP RELATING TO THE INDEPENDENT ETHICS WITH AN IDAHO RESIDENTIAL SUBSCRIBER IF THE COMMISSION ACT; AMENDING TITLE 67, IDAHO TELEPHONE SUBSCRIBER HAS NOT STATED THAT HE CODE, BY THE ADDITION OF A NEW CHAPTER DOES NOT WISH TO RECEIVE SOLICITATIONS FROM 84, TITLE 67, IDAHO CODE, TO DEFINE TERMS, TO OR ON BEHALF OF SUCH BUSINESS AND TO MAKE ESTABLISH THE INDEPENDENT ETHICS COMMISSION, TECHNICAL CORRECTIONS. TO PROVIDE THE POWERS AND DUTIES OF THE INDEPENDENT ETHICS COMMISSION, TO PROVIDE THAT CERTAIN INFORMATION, COMPLAINTS AND HOUSE BILL NO. 56 REPORTS ARE CONFIDENTIAL AND EXEMPT FROM BY KING DISCLOSURE AND TO PROHIBIT RETALIATION; AN ACT AMENDING SECTION 9-340C, IDAHO CODE, AS RELATING TO MINIMUM WAGE LAW; AMENDING AMENDED BY SECTION 2, CHAPTER 103, AND SECTION SECTION 44-1502, IDAHO CODE, TO REVISE PROVISIONS 1 CHAPTER 309, LAWS OF 2012, TO PROVIDE THAT RELATING TO WAGES OF A TIPPED EMPLOYEE. CERTAIN INFORMATION, COMPLAINTS AND REPORTS ARE EXEMPT FROM DISCLOSURE AND TO MAKE HOUSE BILL NO. 57 TECHNICAL CORRECTIONS; AND PROVIDING AN BY KING EFFECTIVE DATE. AN ACT RELATING TO MINIMUM WAGE LAW; AMENDING HOUSE BILL NO. 62 SECTION 44-1502, IDAHO CODE, TO REVISE PROVISIONS BY PACKER RELATING TO MINIMUM WAGES, TO REMOVE AN ACT PROVISIONS RELATING TO TIPPED EMPLOYEES AND RELATING TO SALES TAX EXEMPTIONS; AMENDING TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 63-3622O, IDAHO CODE, TO REVISE THE SECTION 44-1503, IDAHO CODE, TO REMOVE A CODE DEFINITION OF "HEALTH-RELATED ENTITIES." REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. HOUSE BILL NO. 63 BY WOODINGS AN ACT HOUSE BILL NO. 58 RELATING TO ABSENTEE VOTING; PROVIDING BY STATE AFFAIRS COMMITTEE A SHORT TITLE; AND AMENDING SECTION 34-1006, AN ACT IDAHO CODE, TO REVISE AND ESTABLISH ADDITIONAL RELATING TO WITHDRAWAL OF STATE LIENS; PROVISIONS RELATING TO ABSENT ELECTORS' AMENDING SECTION 45-1902, IDAHO CODE, TO DEFINE POLLING PLACES AND TO MAKE TECHNICAL THE TERM WITHDRAWAL; AMENDING CHAPTER 19, CORRECTIONS. TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-1907A, IDAHO CODE, TO ESTABLISH A H 53, H 54, H 55, H 56, H 57, H 58, H 59, H 60, H 61, PROCEDURE FOR WITHDRAWAL OF A NOTICE OF H 62, and H 63 were introduced, read the first time by title, and LIEN; AND AMENDING SECTION 63-3055, IDAHO CODE, referred to the Judiciary, Rules, and Administration Committee TO ESTABLISH PROCEDURES FOR THE STATE TAX for printing. COMMISSION TO WITHDRAW A NOTICE OF LIEN, TO PROVIDE PROCEDURES AND TO MAKE TECHNICAL There being no objection, the House advanced to the Tenth CORRECTIONS. Order of Business. [January 25, 2013 HOUSE JOURNAL 43

Second Reading of Bills and Joint Resolutions HCR 4, by State Affairs Committee, was read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions Mr. Crane asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, January 28, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Crane moved that the House adjourn until 11 a.m., Monday, January 28, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker Pro Tem declared the House adjourned at 8:15 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 44 HOUSE JOURNAL January 28, 2013]

HOUSE JOURNAL January 28, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON HEALTH AND WELFARE, report that we have had under consideration H 16 and recommend that it do pass. IDAHO LEGISLATURE WOOD, Chairman FIRST REGULAR SESSION H 16 was filed for second reading. SIXTY-SECOND LEGISLATURE There being no objection, the House advanced to the Eighth Order of Business. Introduction, First Reading, and Reference TWENTY-SECOND LEGISLATIVE DAY of Bills and Joint Resolutions MONDAY, JANUARY 28, 2013 HOUSE BILL NO. 64 BY AGRICULTURAL AFFAIRS COMMITTEE House of Representatives AN ACT RELATING TO CRUELTY TO ANIMALS; AMENDING The House convened at 11 a.m., the Speaker in the Chair. SECTION 25-3502, IDAHO CODE, TO FURTHER DEFINE A TERM. Roll call showed 69 members present. Absent and excused – Anderson(01). Total – 1. HOUSE BILL NO. 65 Total – 70. BY EDUCATION COMMITTEE AN ACT Prayer was offered by Chaplain Tom Dougherty. RELATING TO EDUCATION; AMENDING SECTION The Pledge of Allegiance was led by Juritzi Enriquez, Page. 33-1002, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE EDUCATIONAL SUPPORT PROGRAM, TO PROVIDE A CODE REFERENCE, TO ESTABLISH Approval of Journal PROVISIONS RELATING TO DUAL CREDIT COURSES AND TO ESTABLISH PROVISIONS RELATING TO ADDITIONAL MATH AND SCIENCE COURSES; January 28, 2013 AMENDING SECTION 33-1004, IDAHO CODE, TO Mr. Speaker: REVISE A CODE REFERENCE, TO PROVIDE THAT A We, your COMMITTEE ON JUDICIARY, RULES, AND SCHOOL DISTRICT MAY UTILIZE UP TO FIFTEEN ADMINISTRATION, report that we have read and approved the PERCENT OF CERTAIN MONEYS TO PAY ANOTHER House Journal of the Nineteenth Legislative Day and recommend SCHOOL DISTRICT OR PUBLIC CHARTER SCHOOL that same be adopted as corrected. FOR INSTRUCTIONAL SERVICES, TO PROVIDE THAT WILLS, Chairman A DISTRICT MAY EMPLOY FEWER POSITIONS THAN Mr. Wills moved that the report be adopted. Seconded by FUNDED WITHOUT A REDUCTION IN THE NUMBER OF Mr. Burgoyne. Report adopted. FUNDED POSITIONS BEING IMPOSED AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION There being no objection, the House advanced to the Fifth 33-1004A, IDAHO CODE, TO REMOVE LANGUAGE Order of Business. RELATING TO THE TIME PERIOD JULY 1, 2012, THROUGH JUNE 30, 2011; AMENDING SECTION 33-1004E, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING Report of Standing Committees TO AN ADJUSTMENT TO A DISTRICT'S SALARY-BASED APPORTIONMENT FOR FISCAL YEAR 2013; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE January 28, 2013 ADDITION OF A NEW SECTION 33-1021, IDAHO CODE, Mr. Speaker: TO ESTABLISH PROVISIONS RELATING TO MATH AND We, your COMMITTEE ON JUDICIARY, RULES, AND SCIENCE REQUIREMENTS, TO ESTABLISH PROVISIONS ADMINISTRATION, report that we have printed HCR 5, H 53, RELATING TO MONEYS DISTRIBUTED TO DISTRICTS H 54, H 55, H 56, H 57, H 58, H 59, H 60, H 61, H 62, and TO DEFRAY THE COST OF PROVIDING ADDITIONAL H 63. MATH AND SCIENCE COURSES AND TO ESTABLISH WILLS, Chairman PROVISIONS RELATING TO THE DISTRIBUTION OF MONEYS; AMENDING CHAPTER 10, TITLE 33, IDAHO HCR 5 was filed for second reading. CODE, BY THE ADDITION OF A NEW SECTION 33-1022, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING H 53, H 55, H 58, H 59, H 60, H 61, and H 63 were referred TO PUBLIC SCHOOL TECHNOLOGY AND TO ESTABLISH to the State Affairs Committee. PROVISIONS RELATING TO THE EXPENDITURE AND DISTRIBUTION OF MONEYS FOR SUCH PUBLIC H 54 was referred to the Business Committee. SCHOOL TECHNOLOGY; AMENDING CHAPTER 16, H 56 and H 57 were referred to the Commerce and Human TITLE 33, IDAHO CODE, BY THE ADDITION OF A Resources Committee. NEW SECTION 33-1626, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO DUAL CREDIT; DECLARING H 62 was referred to the Revenue and Taxation Committee. AN EMERGENCY AND PROVIDING A SUNSET DATE. [January 28, 2013 HOUSE JOURNAL 45

H 64 and H 65 were introduced, read the first time by H 14 - PROPERTY TAXATION title, and referred to the Judiciary, Rules, and Administration Committee for printing. H 14 was read the third time at length, section by section, and placed before the House for final consideration. There being no objection, the House advanced to the Eleventh Order of Business. At this time, the Speaker recognized Mr. Anderst to open debate.

Third Reading of Bills and Joint Resolutions The question being, "Shall H 14 pass?"

H 5 - CIGARETTES Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, H 5 was read the third time at length, section by section, and Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, placed before the House for final consideration. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, At this time, the Speaker recognized Mrs. Meline to open Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, debate. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 5 pass?" Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, NAYS – None. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Absent and excused – Anderson(01). Total – 1. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Total – 70. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Whereupon the Speaker declared that H 14 passed the House. Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, Title was approved and the bill ordered transmitted to the Senate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 15 - SALES AND USE TAX VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. H 15 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Anderson(01). Total – 1. Total – 70. At this time, the Speaker recognized Mrs. Trujillo to open debate. Whereupon the Speaker declared that H 5 passed the House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 15 pass?" Roll call resulted as follows: H 12 - SALES AND USE TAX AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, H 12 was read the third time at length, section by section, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, and placed before the House for final consideration. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, At this time, the Speaker recognized Mr. Dayley to open Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, debate. Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall H 12 pass?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, NAYS – None. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Absent and excused – Anderson(01). Total – 1. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Total – 70. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Whereupon the Speaker declared that H 15 passed the House. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Title was approved and the bill ordered transmitted to the Senate. Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 22 - INCOME TAXATION VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. H 22 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Anderson(01). Total – 1. Total – 70. At this time, the Speaker recognized Mr. Erpelding to open debate. Whereupon the Speaker declared that H 12 passed the House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 22 pass?" 46 HOUSE JOURNAL January 28, 2013]

Roll call resulted as follows: Whereupon the Speaker declared the House adjourned at AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, 11:35 a.m. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, SCOTT BEDKE, Speaker Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, ATTEST: Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, BONNIE ALEXANDER, Chief Clerk Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Anderson(01). Total – 1. Total – 70. Whereupon the Speaker declared that H 22 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 23 - BEER TAXATION H 23 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kauffman to open debate. The question being, "Shall H 23 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, McMillan, Meline, Mendive, Miller(Barron), Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. NAYS – Luker, VanOrden. Total – 2. Absent and excused – Anderson(01), Bateman. Total – 2. Total – 70. Whereupon the Speaker declared that H 23 passed the House. Title was approved and the bill ordered transmitted to the Senate.

HCR 4 - KRISTIN ARMSTRONG HCR 4 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kloc and Mr. Burgoyne to open debate. The question being, "Shall HCR 4 be adopted?" Whereupon the Speaker declared HCR 4 adopted by voice vote and ordered the resolution transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, January 29, 2013. Seconded by Mr. Rusche. Motion carried. [January 29, 2013 HOUSE JOURNAL 47

HOUSE JOURNAL H 37 and HCR 2 were filed for second reading. OF THE January 28, 2013 Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND IDAHO LEGISLATURE DEFENSE, report that we have had under consideration H 19, H 20, and H 21 and recommend that they do pass. FIRST REGULAR SESSION PALMER, Chairman SIXTY-SECOND LEGISLATURE H 19, H 20, and H 21 were filed for second reading. There being no objection, the House advanced to the Eighth Order of Business. TWENTY-THIRD LEGISLATIVE DAY TUESDAY, JANUARY 29, 2013 Introduction, First Reading, and Reference of Bills and Joint Resolutions House of Representatives The House convened at 11 a.m., the Speaker in the Chair. HOUSE BILL NO. 66 BY TRANSPORTATION AND DEFENSE COMMITTEE Roll call showed 69 members present. AN ACT Absent and excused – Luker. Total – 1. RELATING TO THE RURAL ECONOMIC Total – 70. DEVELOPMENT AND INTEGRATED FREIGHT TRANSPORTATION PROGRAM; AMENDING SECTION Prayer was offered by Chaplain Tom Dougherty. 49-2905, IDAHO CODE, TO REVISE PROVISIONS The Pledge of Allegiance was led by Alba Cano, Page. TO REFLECT THE ACCURATE PURPOSE FOR THE PROVISION OF CERTAIN INFORMATION TO THE Approval of Journal INTERAGENCY WORKING GROUP BY THE IDAHO January 29, 2013 TRANSPORTATION DEPARTMENT. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved HOUSE BILL NO. 67 the House Journal of the Twenty-second Legislative Day and BY EDUCATION COMMITTEE recommend that same be adopted as corrected. AN ACT WILLS, Chairman RELATING TO EDUCATION; AMENDING SECTION 33-1272, IDAHO CODE, TO REVISE A DEFINITION AND Mr. Wills moved that the report be adopted. Seconded by TO MAKE TECHNICAL CORRECTIONS; AMENDING Mr. Burgoyne. Report adopted. CHAPTER 12, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1273A, IDAHO CODE, TO Consideration of Messages from the ESTABLISH PROVISIONS RELATING TO NEGOTIATIONS Governor and the Senate IN OPEN SESSION, TO ESTABLISH THAT CERTAIN January 28, 2013 DOCUMENTATION SHALL BE SUBJECT TO CERTAIN Mr. Speaker: DISCLOSURE LAWS AND TO PROVIDE FOR NOTICE; I return herewith H 1 which has passed the Senate. AMENDING CHAPTER 12, TITLE 33, IDAHO CODE, BY NOVAK, Secretary THE ADDITION OF A NEW SECTION 33-1274A, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO H 1 was referred to the Judiciary, Rules, and Administration REQUIREMENTS WHEN PARTIES TO NEGOTIATIONS Committee for enrolling. REACH AGREEMENT AND TO ESTABLISH PROVISIONS RELATING TO THE FAILURE TO RATIFY A CERTAIN Report of Standing Committees AGREEMENT; PROVIDING SEVERABILITY; AND January 29, 2013 DECLARING AN EMERGENCY. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 64 and H 65. HOUSE BILL NO. 68 WILLS, Chairman BY EDUCATION COMMITTEE AN ACT H 64 was referred to the Agricultural Affairs Committee. RELATING TO EDUCATION; AMENDING SECTION 33-513, IDAHO CODE, TO CLARIFY THE NUMBER H 65 was referred to the Education Committee. OF DAYS TO SIGN AND RETURN A CONTRACT, TO January 28, 2013 ESTABLISH PROVISIONS RELATING TO A DEFAULT Mr. Speaker: TIME, TO REVISE PROVISIONS RELATING TO THE We, your COMMITTEE ON ENVIRONMENT, ENERGY, DELIVERY OF A CONTRACT AND ACKNOWLEDGMENT AND TECHNOLOGY, report that we have had under OF SUCH DELIVERY, TO REVISE PROVISIONS RELATING consideration H 37 and HCR 2 and recommend that they do TO DECLARING A POSITION VACANT, TO MAKE A pass. CODIFIER'S CORRECTION AND TO MAKE TECHNICAL RAYBOULD, Chairman CORRECTIONS; AND DECLARING AN EMERGENCY. 48 HOUSE JOURNAL January 29, 2013]

HOUSE BILL NO. 69 HOUSE BILL NO. 72 BY EDUCATION COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO EDUCATION AND CONTRACTS; RELATING TO INCOME TAX CREDITS FOR AMENDING SECTION 33-514, IDAHO CODE, TO CHARITABLE CONTRIBUTIONS; AMENDING SECTION PROVIDE FOR AN EXCEPTION IN THE SITUATION OF 63-3029A, IDAHO CODE, TO PROVIDE FOR TAX CREDIT A REDUCTION IN FORCE AND TO MAKE TECHNICAL TO DEDICATED ACCOUNTS WITHIN THE IDAHO CORRECTIONS; AMENDING SECTION 33-515, IDAHO COMMUNITY FOUNDATION INC. THAT EXCLUSIVELY CODE, TO PROVIDE FOR EXCEPTIONS IN THE SUPPORT CHARITABLE PURPOSES OTHERWISE SITUATION OF A REDUCTION IN FORCE, TO REVISE QUALIFYING FOR THE TAX CREDIT AND TO MAKE PROVISIONS RELATING TO WHEN THE BOARD OF A TECHNICAL CORRECTION; AMENDING SECTION TRUSTEES DETERMINES TO CHANGE THE LENGTH 63-3029A, IDAHO CODE, AS ENACTED BY SECTION 4, OF THE TERM STATED IN THE CURRENT CONTRACT, CHAPTER 354, LAWS OF 2010, TO PROVIDE FOR TAX REDUCE THE SALARY OR NOT RENEW THE CONTRACT CREDIT TO DEDICATED ACCOUNTS WITHIN THE IDAHO OF A CERTIFICATED PERSON, TO ESTABLISH COMMUNITY FOUNDATION INC. THAT EXCLUSIVELY PROVISIONS RELATING TO THE BOARD OF TRUSTEES SUPPORT CHARITABLE PURPOSES OTHERWISE DETERMINING NOT TO RENEW A RENEWABLE QUALIFYING FOR THE TAX CREDIT; DECLARING AN CONTRACT, TO MAKE A CODIFIER'S CORRECTION AND EMERGENCY, PROVIDING RETROACTIVE APPLICATION TO MAKE TECHNICAL CORRECTIONS; AMENDING AND EFFECTIVE DATES. CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-522A, IDAHO CODE, TO H 66, H 67, H 68, H 69, H 70, H 71, and H 72 were ESTABLISH PROVISIONS RELATING TO REDUCTIONS introduced, read the first time by title, and referred to the IN FORCE, TO ESTABLISH PROVISIONS THAT A Judiciary, Rules, and Administration Committee for printing. BOARD OF TRUSTEES MAY NEED TO REDUCE, REORGANIZE, CONSOLIDATE OR OTHERWISE TAKE There being no objection, the House advanced to the Tenth ACTION RELATING TO THE NUMBER OF CERTAIN Order of Business. POSITIONS, TO ESTABLISH PROVISIONS RELATING TO Second Reading of Bills and Joint Resolutions INSTITUTING A REDUCTION IN FORCE, TO ESTABLISH PROVISIONS RELATING TO AN INDIVIDUAL EMPLOYED HCR 5, by State Affairs Committee, was read the second PURSUANT TO A RENEWABLE STATUS CONTRACT, TO time by title and filed for third reading. ESTABLISH PROVISIONS RELATING TO AN INDIVIDUAL EMPLOYED PURSUANT TO A CATEGORY 3 CONTRACT, H 16, by Health and Welfare Committee, was read the second TO PROVIDE FOR WRITTEN NOTICE IN CERTAIN time by title and filed for third reading. CIRCUMSTANCES, TO ESTABLISH PROVISIONS RELATING TO THE PROCESS AND PROCEDURE FOR There being no objection, the House advanced to the A SINGLE INFORMAL REVIEW AND TO ESTABLISH Sixteenth Order of Business. PROVISIONS RELATING TO THE IMPLEMENTATION OF A REDUCTION IN FORCE AND INFORMAL REVIEW AND Adjournment INDIVIDUALIZED OR GROUP DUE PROCESS BEFORE Mr. Moyle moved that the House adjourn until 11 a.m., THE BOARD OF TRUSTEES; PROVIDING SEVERABILITY; Wednesday, January 30, 2013. Seconded by Mr. Rusche. Motion AND DECLARING AN EMERGENCY. carried. Whereupon the Speaker declared the House adjourned at HOUSE BILL NO. 70 11:14 a.m. BY REVENUE AND TAXATION COMMITTEE SCOTT BEDKE, Speaker AN ACT RELATING TO TAXES; AMENDING SECTION 63-3064, ATTEST: IDAHO CODE, TO ALLOW THE STATE TAX COMMISSION BONNIE ALEXANDER, Chief Clerk TO APPLY TO DISTRICT COURT TO ENJOIN ANY PERSON OR ENTITY FROM CARRYING ON A TRADE, OCCUPATION OR BUSINESS WHILE THE PERSON OR ENTITY IS IN VIOLATION OF CERTAIN PROVISIONS AND TO MAKE TECHNICAL CORRECTIONS.

HOUSE BILL NO. 71 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO TAX DEEDS; AMENDING SECTION 31-808, IDAHO CODE, TO PROVIDE THAT EXCESS FUNDS RECEIVED FROM THE SALE OF A TAX DEED SHALL BE TREATED AS PROPERTY TAX REVENUE FOR PURPOSES OF CALCULATING THE FOLLOWING YEAR'S LIMITATION. [January 30, 2013 HOUSE JOURNAL 49

HOUSE JOURNAL January 30, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 1. IDAHO LEGISLATURE WILLS, Chairman The Speaker announced he was about to sign enrolled FIRST REGULAR SESSION H 1 and, when so signed, ordered it transmitted to the Senate for SIXTY-SECOND LEGISLATURE the signature of the President. January 29, 2013 Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we have TWENTY-FOURTH LEGISLATIVE DAY had under consideration H 11 and recommend that it do pass. WEDNESDAY, JANUARY 30, 2013 HENDERSON, Chairman H 11 was filed for second reading. House of Representatives January 30, 2013 The House convened at 11 a.m., the Speaker in the Chair. Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, Roll call showed all 70 members present. report that we have had under consideration H 24, H 25, and H 52 and recommend that they do pass. Prayer was offered by Chaplain Tom Dougherty. COLLINS, Chairman The Pledge of Allegiance was led by Tasi Lloyd, Page. H 24, H 25, and H 52 were filed for second reading. January 30, 2013 Approval of Journal Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, January 30, 2013 report that we have had under consideration H 32, H 33, H 34, Mr. Speaker: H 35, and H 36 and recommend that they do pass. We, your COMMITTEE ON JUDICIARY, RULES, AND WOOD, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Twenty-third Legislative Day and H 32, H 33, H 34, H 35, and H 36 were filed for second recommend that same be adopted as corrected. reading. WILLS, Chairman There being no objection, the House advanced to the Eighth Mr. Wills moved that the report be adopted. Seconded by Order of Business. Mr. Burgoyne. Report adopted. Introduction, First Reading, and Reference of Bills and Joint Resolutions Consideration of Messages from the Governor and the Senate HOUSE BILL NO. 73 BY STATE AFFAIRS COMMITTEE January 29, 2013 AN ACT Mr. Speaker: RELATING TO INFORMATION TECHNOLOGY AND I transmit herewith S 1009 which has passed the Senate. TELECOMMUNICATIONS; AMENDING SECTION 67-5745, NOVAK, Secretary IDAHO CODE, TO REVISE THE DECLARATION OF S 1009 was filed for first reading. PURPOSE FOR THE IDAHO TECHNOLOGY AUTHORITY; AMENDING SECTION 67-5745B, IDAHO CODE, TO REVISE PROVISIONS FOR APPOINTMENT OF MEMBERS Report of Standing Committees OF THE AUTHORITY AND TO REVISE THE NUMBER OF REQUIRED MEETINGS; AND AMENDING SECTION January 30, 2013 67-5745C, IDAHO CODE, TO REVISE THE AUTHORITY'S Mr. Speaker: GENERAL POWERS AND DUTIES. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 66, H 67, HOUSE BILL NO. 74 H 68, H 69, H 70, H 71, and H 72. BY BUSINESS COMMITTEE WILLS, Chairman AN ACT RELATING TO THE BOARD OF ARCHITECTURAL H 66 was referred to the Transportation and Defense EXAMINERS; AMENDING SECTION 54-302, IDAHO Committee. CODE, TO REVISE PROVISIONS RELATING TO THE H 67, H 68, and H 69 were referred to the Education QUALIFICATION FOR EXAMINATION AND TO REVISE Committee. PROVISIONS RELATING TO THE QUALIFICATION FOR A LICENSE; AMENDING SECTION 54-303, IDAHO H 70, H 71, and H 72 were referred to the Revenue and CODE, TO PROVIDE THAT EXAMINATIONS SHALL BE Taxation Committee. APPROVED BY THE BOARD AND TO PROVIDE THAT 50 HOUSE JOURNAL January 30, 2013]

EXAMINATIONS SHALL BE ADMINISTERED USING FINE AND TO PROVIDE THAT SUCH PENALTY BE FAIR AND IMPARTIAL METHODS; AMENDING SECTION DEPOSITED INTO THE DRUG AND DRIVING WHILE 54-305, IDAHO CODE, TO REMOVE A REFERENCE TO A UNDER THE INFLUENCE ENFORCEMENT DONATION PERIOD OF YEARS, TO REVISE PROVISIONS RELATING FUND; AMENDING SECTION 37-2734A, IDAHO CODE, TO THE GROUNDS FOR DISCIPLINE AND TO MAKE TO REQUIRE THE COURT TO IMPOSE AS A PENALTY A TECHNICAL CORRECTIONS; AMENDING SECTION CERTAIN FINE AND TO PROVIDE THAT SUCH PENALTY 54-307, IDAHO CODE, TO REVISE A TERM AND TO BE DEPOSITED INTO THE DRUG AND DRIVING WHILE DELETE PROVISIONS RELATING TO THE REGISTRATION UNDER THE INFLUENCE ENFORCEMENT DONATION OF FIRM NAMES; AMENDING SECTION 54-308, IDAHO FUND; AMENDING SECTION 37-2734B, IDAHO CODE, CODE, TO REVISE PROVISIONS RELATING TO THE TO REQUIRE THE COURT TO IMPOSE AS A PENALTY A USE OF AN ARCHITECT'S SEAL; AND REPEALING CERTAIN FINE AND TO PROVIDE THAT SUCH PENALTY SECTION 54-316, IDAHO CODE, RELATING TO FOREIGN BE DEPOSITED INTO THE DRUG AND DRIVING PARTNERSHIP AND CORPORATE PRACTICE. WHILE UNDER THE INFLUENCE ENFORCEMENT DONATION FUND; AMENDING SECTION 37-2734C, HOUSE BILL NO. 75 IDAHO CODE, TO REQUIRE THE COURT TO IMPOSE BY BUSINESS COMMITTEE AS A PENALTY A CERTAIN FINE AND TO PROVIDE AN ACT THAT SUCH PENALTY BE DEPOSITED INTO THE RELATING TO INSURANCE; AMENDING CHAPTER DRUG AND DRIVING WHILE UNDER THE INFLUENCE 25, TITLE 41, IDAHO CODE, BY THE ADDITION OF A ENFORCEMENT DONATION FUND; AND AMENDING NEW SECTION 41-2517, IDAHO CODE, TO PROVIDE THAT SECTION 37-2739A, IDAHO CODE, TO REQUIRE THE CERTAIN INSURERS SHALL FILE CERTAIN ANNUAL COURT TO IMPOSE AS A PENALTY A CERTAIN FINE, REPORTS WITH THE DIRECTOR OF THE DEPARTMENT TO PROVIDE THAT SUCH PENALTY BE DEPOSITED OF INSURANCE AND TO ESTABLISH PROVISIONS INTO THE DRUG AND DRIVING WHILE UNDER THE RELATING TO A CERTIFICATE OF COMPLETION OF AN INFLUENCE ENFORCEMENT DONATION FUND AND TO APPROVED MOTORCYCLE TRAINING AND SAFETY MAKE A TECHNICAL CORRECTION. COURSE. HOUSE BILL NO. 78 HOUSE BILL NO. 76 BY JUDICIARY, RULES, AND ADMINISTRATION BY BUSINESS COMMITTEE COMMITTEE AN ACT AN ACT RELATING TO TRUST DEEDS; AMENDING SECTION RELATING TO MOTOR VEHICLES; AMENDING 45-1510, IDAHO CODE, TO REVISE A PROVISION SECTION 49-202, IDAHO CODE, TO ESTABLISH A RELATING TO AN INVALID TRUSTEE'S SALE AND TO CERTAIN FEE, TO REQUIRE THAT SUCH FEE BE MAKE A TECHNICAL CORRECTION. DEPOSITED INTO A CERTAIN FUND AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION HOUSE BILL NO. 77 19-5202, IDAHO CODE, TO REQUIRE THAT CERTAIN FEES BY JUDICIARY, RULES, AND ADMINISTRATION BE PAID INTO THE PUBLIC SAFETY AND SECURITY COMMITTEE INFORMATION FUND. AN ACT RELATING TO CONTROLLED SUBSTANCES; HOUSE BILL NO. 79 AMENDING SECTION 18-7804, IDAHO CODE, TO BY JUDICIARY, RULES, AND ADMINISTRATION REQUIRE THE COURT TO IMPOSE AS A PENALTY A COMMITTEE CERTAIN FINE AND TO PROVIDE THAT SUCH PENALTY AN ACT BE DEPOSITED INTO THE DRUG AND DRIVING WHILE RELATING TO PREPAID WIRELESS UNDER THE INFLUENCE ENFORCEMENT DONATION TELECOMMUNICATIONS SERVICE EMERGENCY FUND AND TO MAKE A TECHNICAL CORRECTION; COMMUNICATIONS FEES; AMENDING SECTION 31-4809, AMENDING SECTION 18-8201, IDAHO CODE, TO IDAHO CODE, TO PROVIDE THAT CERTAIN FEES SHALL REQUIRE THE COURT TO IMPOSE AS A PENALTY A BE DEPOSITED INTO DESIGNATED EMERGENCY CERTAIN FINE AND TO PROVIDE THAT SUCH PENALTY COMMUNICATIONS FUNDS; AMENDING SECTION BE DEPOSITED INTO THE DRUG AND DRIVING WHILE 31-4813, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE UNDER THE INFLUENCE ENFORCEMENT DONATION FOR THE IMPOSITION OF PREPAID WIRELESS E911 FUND; AMENDING SECTION 37-2732, IDAHO CODE, FEES, TO PROVIDE FOR THE COLLECTION OF FEES, TO REQUIRE THE COURT TO IMPOSE AS A PENALTY TO PROVIDE FOR THE DISCLOSURE OF FEES, TO A CERTAIN FINE, TO PROVIDE THAT SUCH PENALTY CLARIFY THOSE RETAIL TRANSACTIONS TREATED AS BE DEPOSITED INTO THE DRUG AND DRIVING WHILE OCCURRING IN THE STATE OF IDAHO, TO SPECIFY UNDER THE INFLUENCE ENFORCEMENT DONATION CONSUMER AND SELLER LIABILITY, TO PROVIDE FUND, TO MAKE A CODIFIER'S CORRECTION AND THAT FEES SHALL NOT BE INCLUDED IN THE BASE TO MAKE TECHNICAL CORRECTIONS; AMENDING FOR MEASURING ANY CHARGES IMPOSED BY THE SECTION 37-2732C, IDAHO CODE, TO REQUIRE THE STATE, POLITICAL SUBDIVISION OF THE STATE COURT TO IMPOSE AS A PENALTY A CERTAIN FINE, OR INTERGOVERNMENTAL AGENCY, TO PROVIDE TO PROVIDE THAT SUCH PENALTY BE DEPOSITED FOR THE INCREASE OR REDUCTION OF FEES, TO INTO THE DRUG AND DRIVING WHILE UNDER THE PROVIDE FOR THE APPLICATION OF THE IMPOSED INFLUENCE ENFORCEMENT DONATION FUND AND PERCENTAGE BY THE SELLER, TO PROVIDE FOR TO MAKE TECHNICAL CORRECTIONS; AMENDING THE REMITTANCE OF FEES TO THE IDAHO STATE SECTION 37-2733, IDAHO CODE, TO REQUIRE THE TAX COMMISSION, TO PROVIDE THAT THE IDAHO COURT TO IMPOSE AS A PENALTY A CERTAIN STATE TAX COMMISSION SHALL ESTABLISH CERTAIN [January 30, 2013 HOUSE JOURNAL 51

PROCEDURES, TO PROVIDE FOR SELLER RETENTION At this time, the Speaker recognized Ms. Chew to open OF A PERCENTAGE OF FEES, TO PROVIDE FOR THE debate. APPLICABILITY OF SPECIFIED AUDIT AND APPEAL PROCEDURES, TO PROVIDE THAT THE IDAHO STATE The question being, "Shall H 16 pass?" TAX COMMISSION SHALL PAY REMITTED FEES OVER TO THE IDAHO EMERGENCY COMMUNICATIONS FUND, Roll call resulted as follows: TO PROVIDE FOR RETENTION OF A PERCENTAGE OF AYES – Agidius, Anderson(01), Anderson(31), Anderst, FEES BY THE IDAHO STATE TAX COMMISSION, TO Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, RESTRICT CERTAIN LIABILITY, TO PROVIDE FOR THE Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, APPLICABILITY OF SPECIFIED LIABILITY PROVISIONS Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, AND TO PROHIBIT THE IMPOSITION OF ADDITIONAL Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, E911 FUNDING OBLIGATIONS; AND AMENDING Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, SECTION 31-4818, IDAHO CODE, TO PROVIDE THAT THE McMillan, Meline, Mendive, Miller(Barron), Monks, Morse, IDAHO EMERGENCY COMMUNICATIONS FUND SHALL Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, INCLUDE MONEYS FROM SPECIFIED FEES AND TO Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, PROVIDE FOR THE DISTRIBUTION OF CERTAIN FUNDS Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, TO GOVERNING BOARDS. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. HOUSE BILL NO. 80 NAYS – None. BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE Whereupon the Speaker declared that H 16 passed the House. AN ACT Title was approved and the bill ordered transmitted to the Senate. RELATING TO ENHANCED EMERGENCY There being no objection, the House advanced to the COMMUNICATIONS GRANT FEES; AMENDING Sixteenth Order of Business. SECTION 31-4819, IDAHO CODE, TO REVISE PROVISIONS RELATING TO ENHANCED EMERGENCY Adjournment COMMUNICATIONS GRANT FEES AND TO MAKE A TECHNICAL CORRECTION. Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, January 31, 2013. Seconded by Mr. Rusche. Motion H 73, H 74, H 75, H 76, H 77, H 78, H 79, and H 80 were carried. introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Whereupon the Speaker declared the House adjourned at 11:32 a.m. S 1009, by Local Government and Taxation Committee, was SCOTT BEDKE, Speaker introduced, read the first time by title, and referred to the Revenue and Taxation Committee. ATTEST: There being no objection, the House advanced to the Tenth BONNIE ALEXANDER, Chief Clerk Order of Business. Second Reading of Bills and Joint Resolutions H 37 and HCR 2, by Environment, Energy, and Technology Committee, were read the second time by title and filed for third reading. H 19, H 20, and H 21, by Transportation and Defense Committee, were read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions

HCR 5 - IDAHO TERRITORIAL SESQUICENTENNIAL - ABRAHAM LINCOLN AUDITORIUM HCR 5 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bateman to open debate. The question being, "Shall HCR 5 be adopted?" Whereupon the Speaker declared HCR 5 adopted by voice vote and ordered the resolution transmitted to the Senate.

H 16 - PRESCRIPTION TRACKING H 16 was read the third time at length, section by section, and placed before the House for final consideration. 52 HOUSE JOURNAL January 31, 2013]

HOUSE JOURNAL H 79 and H 80 were referred to the Local Government Committee. OF THE January 31, 2013 Mr. Speaker: IDAHO LEGISLATURE We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 42, H 53, and H 58 and FIRST REGULAR SESSION recommend that they do pass. SIXTY-SECOND LEGISLATURE LOERTSCHER, Chairman H 42, H 53, and H 58 were filed for second reading. There being no objection, the House advanced to the Eighth TWENTY-FIFTH LEGISLATIVE DAY Order of Business. THURSDAY, JANUARY 31, 2013 Introduction, First Reading, and Reference of Bills and Joint Resolutions House of Representatives The House convened at 11 a.m., the Speaker in the Chair. HOUSE BILL NO. 81 Roll call showed 68 members present. BY EDUCATION COMMITTEE Absent and excused – Bell, Burgoyne. Total – 2. AN ACT Total – 70. RELATING TO PROCURING AND PURCHASING BY CERTAIN INSTITUTIONS OF HIGHER EDUCATION; Prayer was offered by Chaplain Tom Dougherty. REPEALING SECTION 3, CHAPTER 286, LAWS OF 2010, TO DELETE A SUNSET DATE. The Pledge of Allegiance was led by Weston Durland, Page. Approval of Journal HOUSE BILL NO. 82 BY EDUCATION COMMITTEE January 31, 2013 AN ACT Mr. Speaker: RELATING TO WORKER'S COMPENSATION; We, your COMMITTEE ON JUDICIARY, RULES, AND AMENDING SECTION 72-102, IDAHO CODE, TO REVISE A ADMINISTRATION, report that we have read and approved DEFINITION; AND AMENDING SECTION 72-205, IDAHO the House Journal of the Twenty-fourth Legislative Day and CODE, TO PROVIDE THAT CERTAIN WORK EXPERIENCE recommend that same be adopted as corrected. STUDENTS SHALL BE COVERED BY THE IDAHO HIGHER WILLS, Chairman EDUCATION POLICY. Mr. Wills moved that the report be adopted. Seconded by HOUSE BILL NO. 83 Mr. Burgoyne. Report adopted. BY EDUCATION COMMITTEE AN ACT There being no objection, the House advanced to the Fifth RELATING TO PROPRIETARY SCHOOLS; AMENDING Order of Business. SECTION 33-2406, IDAHO CODE, TO REVISE PROVISIONS RELATING TO A CONDITION OF REGISTRATION, TO Report of Standing Committees ELIMINATE LANGUAGE RELATING TO A NEWLY January 31, 2013 REGISTERED PROPRIETARY SCHOOL, TO PROVIDE Mr. Speaker: THAT NEITHER THE PRINCIPAL NOR SURETY ON We, your COMMITTEE ON JUDICIARY, RULES, AND A BOND OR OTHER FINANCIAL INSTRUMENT MAY ADMINISTRATION, report that we have printed H 73, H 74, TERMINATE COVERAGE OF THE BOND AND TO MAKE H 75, H 76, H 77, H 78, H 79, and H 80. A TECHNICAL CORRECTION. WILLS, Chairman HOUSE BILL NO. 84 BY EDUCATION COMMITTEE H 73 was referred to the State Affairs Committee. AN ACT RELATING TO EDUCATION; AMENDING SECTION 33-909, IDAHO CODE, TO PROVIDE THAT H 74 was referred to the Business Committee. CERTAIN ABATEMENT OF UNSAFE PUBLIC SCHOOL FACILITIES SHALL BE PERFORMED EXCLUSIVELY IN ACCORDANCE WITH CERTAIN REQUIREMENTS OF THE H 75 was referred to the Transportation and Defense DIVISION OF BUILDING SAFETY, TO PROVIDE THAT Committee. THE IDAHO BUILDING CODE BOARD SHALL FUNCTION AS A BOARD OF APPEALS, TO PROVIDE FOR THE H 76 and H 77 were referred to the Judiciary, Rules, and ISSUANCE OF A CERTIFICATE OF OCCUPANCY, TO Administration Committee. PROVIDE THAT THE RESPONSIBILITY FOR ENSURING SAFETY OF THE FACILITY OR PORTION OF THE FACILITY WILL BE RETURNED TO THE SCHOOL H 78 was ordered held at the Desk. DISTRICT AND THAT RESPONSIBILITY FOR ENSURING [January 31, 2013 HOUSE JOURNAL 53

CERTAIN COMPLIANCE WITH BUILDING CODES H 24, H 25, and H 52, by Revenue and Taxation Committee, WILL BE RETURNED TO THE AUTHORITY HAVING were read the second time by title and filed for third reading. JURISDICTION. H 32, H 33, H 34, H 35, and H 36, by Health and Welfare HOUSE BILL NO. 85 Committee, were read the second time by title and filed for third BY TRANSPORTATION AND DEFENSE COMMITTEE reading. AN ACT Third Reading of Bills and Joint Resolutions RELATING TO SINGLE COUNTY-WIDE HIGHWAY DISTRICTS; AMENDING CHAPTER 14, TITLE 40, H 37 - WOOD AND MILL YARD DEBRIS IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-1404B, IDAHO CODE, TO ESTABLISH PROVISIONS H 37 was read the third time at length, section by section, RELATING TO DETERMINING A VACANCY ON A and placed before the House for final consideration. SINGLE COUNTY-WIDE HIGHWAY DISTRICT BOARD, TO ESTABLISH PROVISIONS RELATING TO FILLING At this time, the Speaker recognized Mr. Nielsen to open A VACANCY, TO ESTABLISH QUALIFICATIONS FOR A debate. PERSON SELECTED TO FILL A VACANCY, TO ESTABLISH The question being, "Shall H 37 pass?" A TERM OF APPOINTMENT, TO PROVIDE THAT AN APPOINTMENT SHALL BE IN WRITING AND FILED AND Roll call resulted as follows: TO PROVIDE THAT THE PERSON APPOINTED SHALL AYES – Agidius, Anderson(01), Anderson(31), Anderst, POSSESS CERTAIN RIGHTS AND POWERS AND SHALL Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Chew, BE SUBJECT TO CERTAIN LIABILITIES, DUTIES AND Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, OBLIGATIONS. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, HOUSE BILL NO. 86 Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, BY REVENUE AND TAXATION COMMITTEE Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AN ACT Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, RELATING TO TAXES; REPEALING SECTIONS 3, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, 4 AND 5, CHAPTER 6, LAWS OF 2012, RELATING TO Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), NOTICE OF REDETERMINATION OR DEFICIENCY AND Woodings, Youngblood, Mr. Speaker. Total – 68. NOTICE OF LEVY AND DISTRAINT; AND AMENDING NAYS – None. SECTION 6, CHAPTER 6, LAWS OF 2012, TO AMEND A Absent and excused – Bell, Burgoyne. Total – 2. CERTAIN EFFECTIVE DATE. Total – 70. HOUSE BILL NO. 87 Whereupon the Speaker declared that H 37 passed the House. BY REVENUE AND TAXATION COMMITTEE Title was approved and the bill ordered transmitted to the Senate. AN ACT RELATING TO WINE EXCISE TAX; AMENDING HCR 2 - MADISON COUNTY SECTION 23-1319, IDAHO CODE, TO PROVIDE HCR 2 was read the third time at length and placed before CLARIFICATION WHEN EXCISE TAX IS TO BE PAID BY the House for final consideration. A WINERY AND TO MAKE TECHNICAL CORRECTIONS. At this time, the Speaker recognized Mr. Raybould and HOUSE BILL NO. 88 Mr. Hancey to open debate. BY REVENUE AND TAXATION COMMITTEE AN ACT The question being, "Shall HCR 2 be adopted?" RELATING TO THE SPECIAL INCOME TAX CREDIT Whereupon the Speaker declared HCR 2 adopted by voice AVAILABLE FOR NEW EMPLOYEES INCLUDING vote and ordered the resolution transmitted to the Senate. VETERANS; TO PROVIDE A SHORT TITLE; REPEALING SECTION 63-3029F, IDAHO CODE, RELATING TO H 19 - AIRPORTS AN INCOME TAX CREDIT FOR NEW EMPLOYEES; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY H 19 was read the third time at length, section by section, THE ADDITION OF A NEW SECTION 63-3029F, IDAHO and placed before the House for final consideration. CODE, TO PROVIDE A SPECIAL INCOME TAX CREDIT FOR NEW EMPLOYEES INCLUDING VETERANS AND TO At this time, the Speaker recognized Mrs. Wood(35) to open PROVIDE PROCEDURES; DECLARING AN EMERGENCY debate. AND PROVIDING A RETROACTIVE APPLICATION. The question being, "Shall H 19 pass?" H 81, H 82, H 83, H 84, H 85, H 86, H 87, and H 88 were introduced, read the first time by title, and referred to the Roll call resulted as follows: Judiciary, Rules, and Administration Committee for printing. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Chew, There being no objection, the House advanced to the Tenth Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Order of Business. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Second Reading of Bills and Joint Resolutions Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, H 11, by Business Committee, was read the second time by Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, title and filed for third reading. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, 54 HOUSE JOURNAL January 31, 2013]

Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Adjournment Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Mr. Moyle moved that the House adjourn until 11 a.m., Absent and excused – Bell, Burgoyne. Total – 2. Friday, February 1, 2013. Seconded by Mr. Rusche. Motion Total – 70. carried. Whereupon the Speaker declared that H 19 passed the House. Whereupon the Speaker declared the House adjourned at Title was approved and the bill ordered transmitted to the Senate. 11:38 a.m. SCOTT BEDKE, Speaker H 20 - MOTOR FUELS TAX ATTEST: H 20 was read the third time at length, section by section, BONNIE ALEXANDER, Chief Clerk and placed before the House for final consideration. At this time, the Speaker recognized Mr. Hixon to open debate. The question being, "Shall H 20 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Bell, Burgoyne. Total – 2. Total – 70. Whereupon the Speaker declared that H 20 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 21 - MUNICIPAL AIRPORTS H 21 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gibbs to open debate. The question being, "Shall H 21 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Bell, Burgoyne. Total – 2. Total – 70. Whereupon the Speaker declared that H 21 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. [February 1, 2013 HOUSE JOURNAL 55

HOUSE JOURNAL H 81, H 82, H 83, and H 84 were referred to the Education Committee. OF THE H 85 was referred to the Transportation and Defense IDAHO LEGISLATURE Committee. H 86, H 87, and H 88 were referred to the Revenue and FIRST REGULAR SESSION Taxation Committee. SIXTY-SECOND LEGISLATURE January 31, 2013 Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND DEFENSE, report that we have had under consideration H 39, TWENTY-SIXTH LEGISLATIVE DAY H 40, and H 41 and recommend that they do pass. FRIDAY, FEBRUARY 1, 2013 PALMER, Chairman H 39, H 40, and H 41 were filed for second reading. House of Representatives January 31, 2013 Mr. Speaker: The House convened at 11 a.m., the Speaker in the Chair. We, your COMMITTEE ON JUDICIARY, RULES, Roll call showed 66 members present. AND ADMINISTRATION, report that we have had under Absent and excused – Anderson(01), Bell, Loertscher, Wills. consideration HR 2 and recommend that it do pass. Total – 4. WILLS, Chairman Total – 70. HR 2 was filed for second reading. Prayer was offered by Chaplain Tom Dougherty. January 31, 2013 The Pledge of Allegiance was led by Brady Gaschler, Page. Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we Approval of Journal have had under consideration H 26, H 27, H 28, and H 46 and recommend that they do pass. February 1, 2013 HENDERSON, Chairman Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 26, H 27, H 28, and H 46 were filed for second reading. ADMINISTRATION, report that we have read and approved the House Journal of the Twenty-fifth Legislative Day and There being no objection, the House advanced to the Seventh recommend that same be adopted as corrected. Order of Business. WILLS, Chairman Motions, Memorials, and Resolutions Mr. Wills moved that the report be adopted. Seconded by SCR 102, by Agricultural Affairs Committee, was Mr. Burgoyne. Report adopted. introduced, read the first time by title, and referred to the Consideration of Messages from the Agricultural Affairs Committee. Governor and the Senate January 31, 2013 Introduction, First Reading, and Reference Mr. Speaker: of Bills and Joint Resolutions I return herewith enrolled H 1 which has been signed by the President. HOUSE BILL NO. 89 NOVAK, Secretary BY HEALTH AND WELFARE COMMITTEE AN ACT Enrolled H 1 was referred to the Judiciary, Rules, and RELATING TO THE PHYSICIAN ASSISTANT Administration Committee for delivery to the Governor. ADVISORY COMMITTEE; AMENDING SECTION 54-1807A, IDAHO CODE, TO REVISE THE RATE January 31, 2013 OF COMPENSATION FOR THE MEMBERS OF THE Mr. Speaker: PHYSICIAN ASSISTANT ADVISORY COMMITTEE; AND I transmit herewith SCR 102 which has passed the Senate. DECLARING AN EMERGENCY. NOVAK, Secretary SCR 102 was filed for first reading. HOUSE BILL NO. 90 Report of Standing Committees BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE February 1, 2013 AN ACT Mr. Speaker: RELATING TO RETAIL SALE OF LIQUOR BY THE We, your COMMITTEE ON JUDICIARY, RULES, AND DRINK; AMENDING SECTION 23-903, IDAHO CODE, TO ADMINISTRATION, report that we have printed H 81, H 82, REMOVE THE PROHIBITION ON THE TRANSFERABILITY H 83, H 84, H 85, H 86, H 87, and H 88. OF CERTAIN LICENSES AND TO MAKE TECHNICAL WILLS, Chairman CORRECTIONS. 56 HOUSE JOURNAL February 1, 2013]

HOUSE BILL NO. 91 TECHNICAL CORRECTIONS; AMENDING SECTION BY COMMERCE AND HUMAN RESOURCES 41-731, IDAHO CODE, TO PROVIDE A CORRECT COMMITTEE CODE REFERENCE; AMENDING SECTION 41-733, AN ACT IDAHO CODE, TO PROVIDE A CORRECT CODE RELATING TO EMPLOYMENT SECURITY LAW; REFERENCE; AMENDING SECTIONS 41-901 AND AMENDING SECTION 72-1316A, IDAHO CODE, TO 41-1702, IDAHO CODE, TO PROVIDE A CORRECT FURTHER DEFINE EXEMPT EMPLOYMENT AND TO CODE REFERENCE AND TO MAKE TECHNICAL MAKE A TECHNICAL CORRECTION; AND DECLARING CORRECTIONS; AMENDING SECTION 41-1951, IDAHO AN EMERGENCY. CODE, TO PROVIDE A CORRECT CODE REFERENCE, TO PROVIDE A CORRECT CITE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING HOUSE BILL NO. 92 SECTION 41-2857, IDAHO CODE, TO PROVIDE CORRECT BY BUSINESS COMMITTEE CODE REFERENCES AND TO MAKE TECHNICAL AN ACT CORRECTIONS; AMENDING SECTION 41-3312, IDAHO RELATING TO INSURANCE HOLDING COMPANY CODE, TO PROVIDE A CORRECT CODE REFERENCE AND SYSTEMS; REPEALING CHAPTER 38, TITLE 41, IDAHO TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CODE, RELATING TO INSURANCE HOLDING COMPANY SECTIONS 41-4703 AND 41-5203, IDAHO CODE, TO SYSTEMS; AMENDING TITLE 41, IDAHO CODE, BY THE PROVIDE A CORRECT CODE REFERENCE. ADDITION OF A NEW CHAPTER 38, TITLE 41, IDAHO CODE, TO STATE THE PURPOSE, TO DEFINE TERMS, HOUSE BILL NO. 93 TO PROVIDE FOR INVESTMENT IN SUBSIDIARIES, BY RESOURCES AND CONSERVATION COMMITTEE TO PROVIDE FOR THE FILING OF A STATEMENT AN ACT PRIOR TO A MERGER OR CHANGE IN CONTROL OR RELATING TO FOREST AND RANGE FIRES; DIVESTITURE OF CONTROLLING INTEREST OF A AMENDING CHAPTER 1, TITLE 38, IDAHO CODE, BY DOMESTIC INSURER, TO PROVIDE FOR A SIMILAR THE ADDITION OF A NEW SECTION 38-104B, IDAHO STATEMENT PRIOR TO ANY INVITATION FOR A TENDER CODE, TO PROVIDE FOR NONPROFIT RANGELAND FIRE OFFER OF CONTROL, TO PROVIDE FOR THE APPROVAL PROTECTION ASSOCIATIONS, TO DEFINE A TERM AND OR DISAPPROVAL OF A MERGER OR CHANGE IN TO PROVIDE PROCEDURES. CONTROL AND ESTABLISH THE PROCEDURE OF HEARINGS, TO PROVIDE FOR NOTICE OF ANY H 89, H 90, H 91, H 92, and H 93 were introduced, read HEARING FROM THE INSURER TO ITS SHAREHOLDERS, the first time by title, and referred to the Judiciary, Rules, and TO PROVIDE FOR PREACQUISITION NOTICE OF A Administration Committee for printing. CHANGE IN CONTROL OF OTHER INSURERS AND There being no objection, the House advanced to the Tenth EXEMPTIONS, TO PROVIDE FOR REGISTRATION OF Order of Business. HOLDING COMPANY SYSTEMS BY INSURERS, TO PROVIDE FOR STANDARDS AND MANAGEMENT Second Reading of Bills and Joint Resolutions CONCERNING TRANSACTIONS WITHIN AN INSURANCE HOLDING COMPANY SYSTEM, TO PROVIDE FOR H 42, H 53, and H 58, by State Affairs Committee, were read GUIDANCE ON DETERMINING THE REASONABLENESS the second time by title and filed for third reading. AND ADEQUACY OF AN INSURER'S SURPLUS, Third Reading of Bills and Joint Resolutions TO REQUIRE ADVANCE NOTICE OF DIVIDENDS AND DISTRIBUTIONS, TO PROVIDE MANAGEMENT H 11 - CASUALTY INSURANCE GUIDELINES OF DOMESTIC INSURERS AND TO PROVIDE AN EXEMPTION, TO PROVIDE EXAMINATION H 11 was read the third time at length, section by section, AUTHORITY, TO AUTHORIZE THE DIRECTOR TO and placed before the House for final consideration. PARTICIPATE IN SUPERVISORY COLLEGES WITH OTHER REGULATORS, TO PROVIDE FOR CONFIDENTIAL At this time, the Speaker recognized Mr. Morse to open TREATMENT OF RECORDS AND TO AUTHORIZE THE debate. DIRECTOR TO SHARE SUCH RECORDS, TO PROVIDE The question being, "Shall H 11 pass?" FOR RULEMAKING AUTHORITY, TO AUTHORIZE THE DIRECTOR TO SEEK INJUNCTIVE RELIEF AND Roll call resulted as follows: TO PROVIDE FOR LIMITS ON VOTING SECURITIES, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, TO PROVIDE FOR SANCTIONS, TO AUTHORIZE Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, RECEIVERSHIP, TO AUTHORIZE RECOVERY OF Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, DISTRIBUTIONS OR PAYMENTS BY THE DIRECTOR, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, TO AUTHORIZE ACTION AGAINST AN INSURER'S Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, CERTIFICATE OF AUTHORITY, TO PROVIDE FOR McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, JUDICIAL REVIEW AND MANDAMUS, TO PROVIDE Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, FOR MUTUAL INSURANCE HOLDING COMPANIES, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, AND TO PROVIDE FOR SEVERABILITY; AMENDING Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, SECTION 41-706, IDAHO CODE, TO PROVIDE CORRECT Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. CODE REFERENCES AND TO MAKE TECHNICAL Total – 65. CORRECTIONS; AMENDING SECTION 41-714, IDAHO NAYS – None. CODE, TO PROVIDE A CORRECT CODE REFERENCE; Absent and excused – Anderson(01), Bell, DeMordaunt, AMENDING SECTION 41-715, IDAHO CODE, TO PROVIDE Loertscher, Wills. Total – 5. A CORRECT CODE REFERENCE AND TO MAKE Total – 70. [February 1, 2013 HOUSE JOURNAL 57

Whereupon the Speaker declared that H 11 passed the House. At this time, the Speaker recognized Mr. Anderson(31) to Title was approved and the bill ordered transmitted to the Senate. open debate.

H 24 - SALES TAX REVENUES - ELECTIONS The question being, "Shall H 52 pass?" H 24 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, At this time, the Speaker recognized Mrs. Trujillo to open Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, debate. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, The question being, "Shall H 24 pass?" McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Roll call resulted as follows: Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Total – 65. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, NAYS – None. Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, Absent and excused – Anderson(01), Bell, DeMordaunt, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Loertscher, Wills. Total – 5. Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Total – 70. Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Whereupon the Speaker declared that H 52 passed the House. Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Title was approved and the bill ordered transmitted to the Senate. Total – 65. NAYS – None. H 32 - PSYCHOLOGIST EXAMINERS Absent and excused – Anderson(01), Bell, DeMordaunt, Loertscher, Wills. Total – 5. H 32 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 24 passed the House. At this time, the Speaker recognized Mr. Morse to open Title was approved and the bill ordered transmitted to the Senate. debate.

H 25 - PROPERTY TAX ADMINISTRATION The question being, "Shall H 32 pass?" H 25 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, At this time, the Speaker recognized Mr. Patterson to open Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, debate. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, The question being, "Shall H 25 pass?" McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Roll call resulted as follows: Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Total – 65. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, NAYS – None. Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, Absent and excused – Anderson(01), Bell, DeMordaunt, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Loertscher, Wills. Total – 5. Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Total – 70. Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Whereupon the Speaker declared that H 32 passed the House. Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Title was approved and the bill ordered transmitted to the Senate. Total – 65. NAYS – None. H 33 - OCCUPATIONAL THERAPY LICENSING Absent and excused – Anderson(01), Bell, DeMordaunt, Loertscher, Wills. Total – 5. H 33 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 25 passed the House. At this time, the Speaker recognized Mr. Hixon to open Title was approved and the bill ordered transmitted to the Senate. debate.

H 52 - CIRCUIT BREAKER PROPERTY TAX RELIEF The question being, "Shall H 33 pass?" PROGRAM Roll call resulted as follows: H 52 was read the third time at length, section by section, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, and placed before the House for final consideration. Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, 58 HOUSE JOURNAL February 1, 2013]

Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – None. Absent and excused – Anderson(01), Bell, DeMordaunt, Loertscher, Wills. Total – 5. Total – 70. Whereupon the Speaker declared that H 33 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, February 4, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, February 4, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:37 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 4, 2013 HOUSE JOURNAL 59

HOUSE JOURNAL February 4, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled H 1 to the Governor at 11:40 a.m., as of this date, IDAHO LEGISLATURE February 1, 2013. WILLS, Chairman FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE February 4, 2013 Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we have had under consideration H 45 and recommend that it do pass. TWENTY-NINTH LEGISLATIVE DAY HENDERSON, Chairman MONDAY, FEBRUARY 4, 2013 H 45 was filed for second reading.

House of Representatives H 78, held at the Desk January 31, 2013, was referred to the The House convened at 11 a.m., the Speaker in the Chair. Ways and Means Committee. Roll call showed 67 members present. There being no objection, the House advanced to the Eighth Absent and excused – Bell, Chew, Ringo. Total – 3. Order of Business. Total – 70.

Prayer was offered by Chaplain Tom Dougherty. Introduction, First Reading, and Reference The Pledge of Allegiance was led by Rebecca Failing, Page. of Bills and Joint Resolutions Approval of Journal HOUSE BILL NO. 94 February 4, 2013 BY REVENUE AND TAXATION COMMITTEE Mr. Speaker: AN ACT We, your COMMITTEE ON JUDICIARY, RULES, AND RELATING TO LOCAL IMPROVEMENT DISTRICTS; ADMINISTRATION, report that we have read and approved AMENDING SECTION 50-1707, IDAHO CODE, TO the House Journal of the Twenty-sixth Legislative Day and ESTABLISH PROVISIONS RELATING TO A FINDING recommend that same be adopted as corrected. BY THE COUNCIL THAT COSTS IMPOSED UPON WILLS, Chairman PROPERTY OWNERS MUST BE EXCEEDED BY BENEFITS Mr. Wills moved that the report be adopted. Seconded by DERIVED BY PROPERTY OWNERS IN INCREASED Mr. Burgoyne. Report adopted. PROPERTY VALUE, TO PROVIDE THAT NO PROPERTY ASSESSMENT SHALL EXCEED THE MEASURABLE Consideration of Messages from the BENEFITS DERIVED BY A PROPERTY OWNER AND Governor and the Senate TO PROVIDE THAT A PROPERTY OWNER MAY February 1, 2013 APPEAL A FINAL ASSESSMENT; AMENDING SECTION Mr. Speaker: 50-1709, IDAHO CODE, TO REVISE PROVISIONS I transmit herewith S 1007 and S 1008 which have passed RELATING TO THE FILING OF A PROTEST, TO the Senate. REVISE PROVISIONS RELATING TO THE COUNCIL'S NOVAK, Secretary CONSIDERATION OF PROTESTS, TO PROVIDE AN EXCEPTION TO THE FINALITY OF A COUNCIL S 1007 and S 1008 were filed for first reading. DECISION, TO REVISE PROVISIONS RELATING TO WHEN THE COUNCIL MAY DELETE IMPROVEMENTS Report of Standing Committees OR PROPERTY ORIGINALLY CONTEMPLATED IN February 4, 2013 THE NOTICE, TO REVISE PROVISIONS RELATING TO Mr. Speaker: WHEN THE COUNCIL SHALL NOT PROCEED WITH We, your COMMITTEE ON JUDICIARY, RULES, AND WORK PROTESTED, TO PROVIDE FOR AN APPEAL ADMINISTRATION, report that we have printed H 89, H 90, AT A LATER HEARING, TO REVISE PROVISIONS H 91, H 92, and H 93. RELATING TO WRITTEN PROTESTS AND WHEN THE WILLS, Chairman GOVERNING BOARD SHALL NOT BE ALLOWED TO PROCEED WITH THE CREATION OF THE DISTRICT H 89 was referred to the Health and Welfare Committee. FOR A PERIOD OF TIME, TO REVISE MATTERS THAT THE CITY COUNCIL OR BOARD OF COUNTY H 90 was referred to the State Affairs Committee. COMMISSIONERS SHALL TAKE INTO CONSIDERATION H 91 was referred to the Commerce and Human Resources IN CONSIDERING THE CREATION OF THE PROPOSED Committee. DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 50-1710, IDAHO CODE, TO H 92 was referred to the Business Committee. REVISE PROVISIONS RELATING TO CERTAIN FINDINGS H 93 was referred to the Resources and Conservation AND TO REVISE PROVISIONS RELATING TO A METHOD Committee. OF ASSESSMENT. 60 HOUSE JOURNAL February 4, 2013]

HOUSE BILL NO. 95 Harris, Holtzclaw, Kloc, Loertscher, Luker, McMillan, Mendive, BY REVENUE AND TAXATION COMMITTEE Miller, Monks, Nielsen, Palmer, Patterson, Shepherd, Sims, AN ACT Stevenson, Ward-Engelking, Wood(35). Total – 30. RELATING TO PROPERTY TAXES; AMENDING Absent and excused – Bell, Chew, Ringo. Total – 3. SECTION 63-501, IDAHO CODE, TO PROVIDE THAT Total – 70. THE BOARD OF EQUALIZATION SHALL GRANT, ALLOW OR DENY APPLICATIONS FOR EXEMPTION Whereupon the Speaker declared that H 34 passed the House. FROM PROPERTY TAX VALUATION AND TO REVISE A Title was approved and the bill ordered transmitted to the Senate. PROVISION RELATING TO APPEALS HEARD BY THE BOARD; AMENDING SECTION 63-501A, IDAHO CODE, TO H 35 - SOCIAL WORK EXAMINERS REMOVE REFERENCE TO AN EXEMPTION DECISION IN H 35 was read the third time at length, section by section, A TAXPAYER'S RIGHT TO APPEAL; AMENDING SECTION and placed before the House for final consideration. 63-602, IDAHO CODE, TO PROVIDE THAT THE BOARD OF EQUALIZATION SHALL HEAR APPLICATIONS FOR At this time, the Speaker recognized Mr. Romrell to open TAX EXEMPTIONS AND TO PROVIDE THAT APPEALS debate. SHALL BE HEARD BY THE BOARD OF TAX APPEALS OR DISTRICT COURT; AND DECLARING AN EMERGENCY. The question being, "Shall H 35 pass?"

H 94 and H 95 were introduced, read the first time by Roll call resulted as follows: title, and referred to the Judiciary, Rules, and Administration AYES – Agidius, Anderson(01), Anderson(31), Anderst, Committee for printing. Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, S 1007 and S 1008, by Transportation Committee, were Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, introduced, read the first time by title, and referred to the Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Transportation and Defense Committee. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, There being no objection, the House advanced to the Tenth Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Order of Business. Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Second Reading of Bills and Joint Resolutions Youngblood, Mr. Speaker. Total – 67. Mr. Henderson asked unanimous consent that H 27 be NAYS – None. returned to the Business Committee. There being no objection, Absent and excused – Bell, Chew, Ringo. Total – 3. it was so ordered. Total – 70. H 39 and H 40, by Transportation and Defense Committee, Whereupon the Speaker declared that H 35 passed the House. were read the second time by title and filed for third reading. Title was approved and the bill ordered transmitted to the Senate.

H 41, by Health and Welfare Committee, was read the second H 36 - OCCUPATIONAL LICENSES time by title and filed for third reading. H 36 was read the third time at length, section by section, HR 2, by Judiciary, Rules, and Administration Committee, and placed before the House for final consideration. was read the second time by title and filed for third reading. At this time, the Speaker recognized Mr. Hancey to open H 26, H 28, and H 46, by Business Committee, were read debate. the second time by title and filed for third reading. Pursuant to Rule 38(3), Mr. DeMordaunt disclosed a conflict Third Reading of Bills and Joint Resolutions of interest regarding H 36. H 34 - SPEECH AND HEARING SERVICES PRACTICE The question being, "Shall H 36 pass?" ACT H 34 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Bateman, Bolz, Burgoyne, Clow, Collins, Crane, Dayley, At this time, the Speaker recognized Mr. Malek to open DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, debate. Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Malek, Meline, Mendive, Miller, The question being, "Shall H 34 pass?" Morse, Packer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderst, Bolz, Collins, Woodings, Youngblood, Mr. Speaker. Total – 54. Crane, DeMordaunt, Erpelding, Eskridge, Gibbs, Hancey, NAYS – Barbieri, Barrett, Batt, Boyle, Harris, Loertscher, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Malek, Luker, McMillan, Monks, Moyle, Nielsen, Palmer, Wood(35). Meline, Morse, Moyle, Packer, Pence, Perry, Raybould, Romrell, Total – 13. Rusche, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Bell, Chew, Ringo. Total – 3. Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 70. Total – 37. NAYS – Anderson(31), Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that H 36 passed the House. Batt, Boyle, Burgoyne, Clow, Dayley, Denney, Gannon, Gestrin, Title was approved and the bill ordered transmitted to the Senate. [February 4, 2013 HOUSE JOURNAL 61

Mr. Moyle asked unanimous consent that H 42 retain its place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered.

H 53 - BOND BANK AUTHORITY H 53 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Monks to open debate. The question being, "Shall H 53 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Bell, Chew, Ringo. Total – 3. Total – 70. Whereupon the Speaker declared that H 53 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that H 58 retain its place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, February 5, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:57 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 62 HOUSE JOURNAL February 5, 2013]

HOUSE JOURNAL February 4, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration SCR 102 and recommend that it do pass. IDAHO LEGISLATURE ANDRUS, Chairman FIRST REGULAR SESSION SCR 102 was filed for second reading. SIXTY-SECOND LEGISLATURE February 4, 2013 Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 81, H 82, H 83, and H 84 and THIRTIETH LEGISLATIVE DAY recommend that they do pass. TUESDAY, FEBRUARY 5, 2013 DEMORDAUNT, Chairman H 81, H 82, H 83, and H 84 were filed for second reading. House of Representatives February 5, 2013 The House convened at 11 a.m., the Speaker in the Chair. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report Roll call showed all 70 members present. that we have had under consideration H 73 and SCR 101 and recommend that they do pass. Prayer was offered by Representative Lawerence Denney. LOERTSCHER, Chairman The Pledge of Allegiance was led by Rebekah Ritthaler, H 73 and SCR 101 were filed for second reading. Page. February 5, 2013 Approval of Journal Mr. Speaker: February 5, 2013 We, your COMMITTEE ON REVENUE AND TAXATION, Mr. Speaker: report that we have had under consideration H 87 and recommend We, your COMMITTEE ON JUDICIARY, RULES, AND that it do pass. ADMINISTRATION, report that we have read and approved COLLINS, Chairman the House Journal of the Twenty-ninth Legislative Day and recommend that same be adopted as corrected. H 87 was filed for second reading. WILLS, Chairman There being no objection, the House advanced to the Eighth Mr. Wills moved that the report be adopted. Seconded by Order of Business. Mr. Burgoyne. Report adopted. Introduction, First Reading, and Reference Consideration of Messages from the of Bills and Joint Resolutions Governor and the Senate HOUSE BILL NO. 96 February 4, 2013 BY AGRICULTURAL AFFAIRS COMMITTEE Mr. Speaker: AN ACT I return herewith H 2 and H 3 which have passed the Senate. RELATING TO VETERINARIANS; AMENDING NOVAK, Secretary SECTION 54-2103, IDAHO CODE, TO REVISE DEFINITIONS, TO MAKE A TECHNICAL CORRECTION. H 2 and H 3 were referred to the Judiciary, Rules, and Administration Committee for enrolling. HOUSE BILL NO. 97 Report of Standing Committees BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT February 5, 2013 RELATING TO VETERINARY LICENSE APPLICATION Mr. Speaker: FEES; AMENDING SECTION 54-2107, IDAHO CODE, TO We, your COMMITTEE ON JUDICIARY, RULES, AND PROVIDE THAT SPECIFIED FEES ARE NONREFUNDABLE ADMINISTRATION, report that we have printed H 94 and H 95. AND TO REMOVE PROVISIONS RELATING TO THE WILLS, Chairman RETURN OF CERTAIN FEES. H 94 and H 95 were referred to the Revenue and Taxation H 96 and H 97 were introduced, read the first time by Committee. title, and referred to the Judiciary, Rules, and Administration Committee for printing. February 4, 2013 Mr. Speaker: There being no objection, the House advanced to the Tenth We, your COMMITTEE ON TRANSPORTATION AND Order of Business. DEFENSE, report that we have had under consideration H 66 and H 85 and recommend that they do pass. Second Reading of Bills and Joint Resolutions PALMER, Chairman H 45, by Business Committee, was read the second time by H 66 and H 85 were filed for second reading. title and filed for third reading. [February 5, 2013 HOUSE JOURNAL 63

Third Reading of Bills and Joint Resolutions Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 42 - COUNTIES Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, H 42 was read the third time at length, section by section, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, and placed before the House for final consideration. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, At this time, the Speaker recognized Mrs. Bell to open Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, debate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall H 42 pass?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – None. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Whereupon the Speaker declared that H 40 passed the House. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Title was approved and the bill ordered transmitted to the Senate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Mr. Moyle asked unanimous consent that H 41 retain its Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, place on the Third Reading Calendar for one legislative day. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, There being no objection, it was so ordered. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, HR 2 - HOUSE RULE 76 VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. HR 2 was read the third time at length and placed before the NAYS – None. House for final consideration. Whereupon the Speaker declared that H 42 passed the House. At this time, the Speaker recognized Mr. Luker to open Title was approved and the bill ordered transmitted to the Senate. debate. Mr. Loertscher asked unanimous consent that H 58 be The question being, "Shall HR 2 be adopted?" returned to the State Affairs Committee. There being no objection, it was so ordered. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 39 - RECREATIONAL VEHICLES Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, H 39 was read the third time at length, section by section, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, and placed before the House for final consideration. Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, At this time, the Speaker recognized Mrs. Packer to open Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, debate. Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Thompson, The question being, "Shall H 39 pass?" Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 61. Roll call resulted as follows: NAYS – Chew, Erpelding, King, Kloc, Meline, Ringo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Smith, Ward-Engelking. Total – 9. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Whereupon the Speaker declared HR 2 adopted and ordered Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, the resolution filed in the office of the Chief Clerk. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 26 - HEATING, VENTILATION AND AIR Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, CONDITIONING SYSTEMS Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 26 was read the third time at length, section by section, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), and placed before the House for final consideration. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. At this time, the Speaker recognized Mr. Youngblood to open debate. Whereupon the Speaker declared that H 39 passed the House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 26 pass?"

H 40 - CROSS-COUNTRY SKIING ADVISORY Roll call resulted as follows: COMMITTEES AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 40 was read the third time at length, section by section, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, and placed before the House for final consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, At this time, the Speaker recognized Mr. Bateman to open Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, debate. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 40 pass?" Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, 64 HOUSE JOURNAL February 5, 2013]

Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Adjournment VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Mr. Moyle moved that the House adjourn until 11 a.m., NAYS – None. Wednesday, February 6, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared that H 26 passed the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared the House adjourned at 11:33 a.m. H 28 - MANUFACTURED HOME DEALER AND SCOTT BEDKE, Speaker INSTALLER LICENSING ATTEST: H 28 was read the third time at length, section by section, BONNIE ALEXANDER, Chief Clerk and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Batt to open debate. The question being, "Shall H 28 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – Perry. Total – 1. Absent and excused – Burgoyne. Total – 1. Total – 70. Whereupon the Speaker declared that H 28 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 46 - FIRE ESCAPES AND DOORS H 46 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kauffman to open debate. The question being, "Shall H 46 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Burgoyne. Total – 1. Total – 70. Whereupon the Speaker declared that H 46 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. [February 6, 2013 HOUSE JOURNAL 65

HOUSE JOURNAL February 6, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 2 and H 3. IDAHO LEGISLATURE WILLS, Chairman The Speaker announced he was about to sign enrolled FIRST REGULAR SESSION H 2 and H 3 and, when so signed, ordered them transmitted to SIXTY-SECOND LEGISLATURE the Senate for the signature of the President. February 5, 2013 Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, THIRTY-FIRST LEGISLATIVE DAY report that we have had under consideration H 17 and recommend WEDNESDAY, FEBRUARY 6, 2013 that it do pass. WOOD(27), Chairman H 17 was filed for second reading. House of Representatives February 5, 2013 The House convened at 11 a.m., the Speaker in the Chair. Mr. Speaker: Roll call showed 69 members present. We, your COMMITTEE ON COMMERCE AND HUMAN Absent and excused – Chew. Total – 1. RESOURCES, report that we have had under consideration Total – 70. H 43 and H 44 and recommend that they do pass. HARTGEN, Chairman Prayer was offered by Representative . H 43 and H 44 were filed for second reading. The Pledge of Allegiance was led by Bronson Gray, Page. February 5, 2013 Approval of Journal Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we have February 6, 2013 had under consideration H 7, H 8, H 9, and H 10 and recommend Mr. Speaker: that they do pass. We, your COMMITTEE ON JUDICIARY, RULES, AND HENDERSON, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Thirtieth Legislative Day and recommend H 7, H 8, H 9, and H 10 were filed for second reading. that same be adopted as corrected. February 6, 2013 WILLS, Chairman Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON JUDICIARY, RULES, Mr. Burgoyne. Report adopted. AND ADMINISTRATION, report that we have had under consideration H 29 and H 76 and recommend that they do pass. Consideration of Messages from the WILLS, Chairman Governor and the Senate H 29 and H 76 were filed for second reading. February 5, 2013 Mr. Speaker: February 6, 2013 I transmit herewith S 1016 and S 1017 which have passed Mr. Speaker: the Senate. We, your COMMITTEE ON JUDICIARY, RULES, NOVAK, Secretary AND ADMINISTRATION, report that we have had under consideration H 77 and report it back with amendments attached S 1016 and S 1017 were filed for first reading. to be placed on General Orders for consideration. WILLS, Chairman February 5, 2013 Mr. Speaker: H 77 was placed on General Orders for consideration. I return herewith H 4 which has passed the Senate. NOVAK, Secretary Mr. Wills asked unanimous consent that H 77 be returned to the Judiciary, Rules, and Administration Committee. There being H 4 was referred to the Judiciary, Rules, and Administration no objection, it was so ordered. Committee for enrolling. February 6, 2013 Report of Standing Committees Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, February 6, 2013 report that we have had under consideration H 62 and H 72 and Mr. Speaker: recommend that they do pass. We, your COMMITTEE ON JUDICIARY, RULES, AND COLLINS, Chairman ADMINISTRATION, report that we have printed H 96 and H 97. WILLS, Chairman H 62 and H 72 were filed for second reading. H 96 and H 97 were referred to the Agricultural Affairs There being no objection, the House advanced to the Eighth Committee. Order of Business. 66 HOUSE JOURNAL February 6, 2013]

Introduction, First Reading, and Reference TO REPUBLISHING OF SCHEDULES; AMENDING of Bills and Joint Resolutions SECTION 18-1502C, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 18-2510, IDAHO CODE, TO PROVIDE A CORRECT CODE HOUSE BILL NO. 98 REFERENCE; AMENDING SECTION 37-2732, IDAHO BY HEALTH AND WELFARE COMMITTEE CODE, TO PROVIDE CORRECT CODE REFERENCES AND AN ACT TO MAKE TECHNICAL CORRECTIONS; AMENDING RELATING TO MEDICAL INDIGENCY; AMENDING SECTION 37-2732B, IDAHO CODE, TO PROVIDE A SECTION 31-3501, IDAHO CODE, TO REVISE THE CORRECT CODE REFERENCE; AMENDING SECTION DECLARATION OF POLICY TO INCLUDE DEPENDENTS; 37-2732C, IDAHO CODE, TO PROVIDE A CORRECT AMENDING SECTION 31-3502, IDAHO CODE, TO CODE REFERENCE AND TO MAKE TECHNICAL REVISE DEFINITIONS; AMENDING SECTION 31-3504, CORRECTIONS; AMENDING SECTION 72-208, IDAHO IDAHO CODE, TO REVISE PROVISIONS RELATING TO CODE, TO PROVIDE A CORRECT CODE REFERENCE; SUBMISSION OF MEDICAL RECORDS AND MEDICAL AND DECLARING AN EMERGENCY. CLAIMS AS PART OF AN APPLICATION FOR FINANCIAL ASSISTANCE; AMENDING SECTION 31-3505, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION HOUSE BILL NO. 100 31-3505A, IDAHO CODE, TO PROVIDE THAT FINDINGS OF BY BUSINESS COMMITTEE INDIGENCY SHALL START ON THE DATE NECESSARY AN ACT MEDICAL SERVICES ARE FIRST PROVIDED; AND RELATING TO THE IDAHO OPPORTUNITY FUND; AMENDING SECTION 31-3508A, IDAHO CODE, TO AMENDING CHAPTER 47, TITLE 67, IDAHO CODE, BY REVISE TERMINOLOGY. THE ADDITION OF NEW SECTIONS 67-4732 THROUGH 67-4736, IDAHO CODE, TO PROVIDE A SHORT TITLE AND LEGISLATIVE INTENT, TO PROVIDE RULEMAKING HOUSE BILL NO. 99 AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT BY HEALTH AND WELFARE COMMITTEE OF COMMERCE, TO CREATE THE IDAHO OPPORTUNITY AN ACT FUND IN THE STATE TREASURY, TO PROVIDE THE RELATING TO UNIFORM CONTROLLED MAKEUP OF THE FUND AND TO PROVIDE FOR USE SUBSTANCES; AMENDING SECTION 37-2701, IDAHO OF THE FUND, TO PROVIDE THAT AGREEMENTS ARE CODE, TO REVISE DEFINITIONS, TO PROVIDE REQUIRED FOR DISBURSEMENT OF FUNDS AND TO A CORRECT CODE REFERENCE AND TO MAKE PROVIDE FOR ANNUAL REPORTING BY THE DIRECTOR TECHNICAL CORRECTIONS; AMENDING SECTION OF THE DEPARTMENT OF COMMERCE. 37-2702, IDAHO CODE, TO PROVIDE FOR THE PROCESS TO EXCEPT FEDERALLY SCHEDULED DRUGS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING HOUSE BILL NO. 101 SECTION 37-2704, IDAHO CODE, TO MAKE TECHNICAL BY JUDICIARY, RULES, AND ADMINISTRATION CORRECTIONS; AMENDING SECTION 37-2705, IDAHO COMMITTEE CODE, TO REVISE THE LISTING OF CONTROLLED AN ACT SUBSTANCES AND TO INCORPORATE BY REFERENCE RELATING TO CRIMINAL HISTORY RECORDS AND THE FEDERAL SCHEDULE OF CONTROLLED CRIME INFORMATION; AMENDING SECTION 67-3001, SUBSTANCES; AMENDING SECTION 37-2706, IDAHO IDAHO CODE, TO DEFINE A TERM AND TO REVISE A CODE, TO MAKE TECHNICAL CORRECTIONS; DEFINITION; AND AMENDING SECTION 67-3008, IDAHO AMENDING SECTION 37-2707, IDAHO CODE, TO REVISE CODE, TO REQUIRE THAT THE BUREAU OF CRIMINAL THE LISTING OF CONTROLLED SUBSTANCES AND IDENTIFICATION IN THE IDAHO STATE POLICE RETAIN TO INCORPORATE BY REFERENCE THE FEDERAL CERTAIN PRINTS AND TO PROVIDE THAT REQUESTS SCHEDULE OF CONTROLLED SUBSTANCES; AMENDING FOR EXPUNGEMENT OF CERTAIN PRINT RECORDS BE SECTION 37-2708, IDAHO CODE, TO MAKE TECHNICAL MADE IN ACCORDANCE WITH BUREAU RULES AND CORRECTIONS; AMENDING SECTION 37-2709, IDAHO ONLY BE GRANTED UNDER CERTAIN CONDITIONS. CODE, TO REVISE THE LISTING OF CONTROLLED SUBSTANCES, TO INCORPORATE BY REFERENCE THE FEDERAL SCHEDULE OF CONTROLLED SUBSTANCES HOUSE BILL NO. 102 AND TO MAKE A TECHNICAL CORRECTION; BY JUDICIARY, RULES, AND ADMINISTRATION AMENDING SECTION 37-2710, IDAHO CODE, TO MAKE COMMITTEE TECHNICAL CORRECTIONS; AMENDING SECTION AN ACT 37-2711, IDAHO CODE, TO REVISE THE LISTING OF RELATING TO THE IDAHO STATE POLICE; CONTROLLED SUBSTANCES AND TO INCORPORATE AMENDING SECTION 67-2901, IDAHO CODE, TO REVISE BY REFERENCE THE FEDERAL SCHEDULE OF PROVISIONS RELATING TO THE IDAHO STATE POLICE CONTROLLED SUBSTANCES; AMENDING SECTION FORENSIC SERVICES RESOURCES. 37-2712, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 37-2713, IDAHO CODE, TO REVISE THE LISTING OF CONTROLLED HOUSE BILL NO. 103 SUBSTANCES AND TO INCORPORATE BY REFERENCE BY JUDICIARY, RULES, AND ADMINISTRATION THE FEDERAL SCHEDULE OF CONTROLLED COMMITTEE SUBSTANCES; AMENDING SECTION 37-2713A, AN ACT IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; RELATING TO FEES; AMENDING SECTION 31-3201H, REPEALING SECTION 37-2714, IDAHO CODE, RELATING IDAHO CODE, TO REMOVE A CERTAIN DATE. [February 6, 2013 HOUSE JOURNAL 67

HOUSE BILL NO. 104 Third Reading of Bills and Joint Resolutions BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE H 41 - DRIVER'S LICENSES AN ACT RELATING TO ASSESSMENT OF DAMAGES IN H 41 was read the third time at length, section by section, EMINENT DOMAIN ACTIONS; AMENDING SECTION and placed before the House for final consideration. 7-711, IDAHO CODE, TO REVISE THE ASSESSMENT OF DAMAGES IN EMINENT DOMAIN ACTIONS WHERE THE At this time, the Speaker recognized Mrs. Wood(35) to open PLAINTIFF CHANGES THE PLANS FOR ANY PROPOSED debate. PROJECT AFTER MAKING THE LANDOWNER AN Pursuant to Rule 38(3), Mr. Monks disclosed a conflict of INITIAL OFFER TO PURCHASE AND THE LANDOWNER interest regarding H 41. INCURS CERTAIN COSTS, TO PROVIDE FOR AN EXCEPTION AND TO MAKE TECHNICAL CORRECTIONS. The question being, "Shall H 41 pass?"

Roll call resulted as follows: HOUSE BILL NO. 105 AYES – Agidius, Anderson(01), Anderson(31), Anderst, BY JUDICIARY, RULES, AND ADMINISTRATION Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, COMMITTEE Burgoyne, Clow, Collins, Dayley, DeMordaunt, Denney, AN ACT Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, RELATING TO THE SEXUAL OFFENDER Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, REGISTRATION ACT; AMENDING SECTION 18-8307, King, Kloc, Loertscher, Malek, McMillan, Meline, Mendive, IDAHO CODE, TO REVISE PROVISIONS RELATING TO Miller, Morse, Nielsen, Packer, Palmer, Patterson, Pence, REGISTRATION. Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, HOUSE BILL NO. 106 Youngblood, Mr. Speaker. Total – 64. BY REVENUE AND TAXATION COMMITTEE NAYS – Crane, Luker, Monks, Moyle, Sims. Total – 5. AN ACT Absent and excused – Chew. Total – 1. RELATING TO INCOME TAX CREDITS; AMENDING Total – 70. SECTION 63-3029C, IDAHO CODE, TO ADD ANY IDAHO CHAPTER OR GUILD OF THE NATIONAL ASSISTANCE Whereupon the Speaker declared that H 41 passed the House. LEAGUE AS AN ENTITY FOR WHICH AN INCOME TAX Title was approved and the bill ordered transmitted to the Senate. CREDIT IS GIVEN FOR DONATIONS OR CHARITABLE CONTRIBUTIONS AND TO MAKE TECHNICAL Mr. Clow asked unanimous consent that H 45 be placed on CORRECTIONS; DECLARING AN EMERGENCY AND General Orders for consideration. There being no objection it was PROVIDING RETROACTIVE APPLICATION. so ordered. H 98, H 99, H 100, H 101, H 102, H 103, H 104, H 105, and There being no objection, the House advanced to the H 106 were introduced, read the first time by title, and referred to Sixteenth Order of Business. the Judiciary, Rules, and Administration Committee for printing. Adjournment S 1016 and S 1017, by Judiciary and Rules Committee, were introduced, read the first time by title, and referred to the Mr. Moyle moved that the House adjourn until 11 a.m., Judiciary, Rules, and Administration Committee. Thursday, February 7, 2013. Seconded by Mr. Rusche. Motion carried. There being no objection, the House advanced to the Tenth Order of Business. Whereupon the Speaker declared the House adjourned at 11:35 a.m. SCOTT BEDKE, Speaker Second Reading of Bills and Joint Resolutions ATTEST: H 66 and H 85, by Transportation and Defense Committee, BONNIE ALEXANDER, Chief Clerk were read the second time by title and filed for third reading. SCR 102, by Agricultural Affairs Committee, was read the second time by title and filed for third reading. H 81, H 82, H 83, and H 84, by Education Committee, were read the second time by title and filed for third reading. H 73, by State Affairs Committee, was read the second time by title and filed for third reading. SCR 101, by State Affairs Committee, was read the second time by title and filed for third reading. H 87, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. 68 HOUSE JOURNAL February 7, 2013]

HOUSE JOURNAL Report of Standing Committees OF THE February 7, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO LEGISLATURE ADMINISTRATION, report that we have printed H 98, H 99, H 100, H 101, H 102, H 103, H 104, H 105, and H 106. FIRST REGULAR SESSION WILLS, Chairman SIXTY-SECOND LEGISLATURE H 98 and H 99 were referred to the Health and Welfare Committee. H 100 was referred to the Business Committee. THIRTY-SECOND LEGISLATIVE DAY H 101, H 102, H 103, H 104, and H 105 were referred to THURSDAY, FEBRUARY 7, 2013 the Judiciary, Rules, and Administration Committee. H 106 was referred to the Revenue and Taxation Committee. House of Representatives February 7, 2013 The House convened at 11 a.m., the Speaker in the Chair. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Roll call showed 69 members present. ADMINISTRATION, report that we have enrolled H 4. Absent and excused – Thompson. Total – 1. WILLS, Chairman Total – 70. The Speaker announced he was about to sign enrolled Prayer was offered by Representative Dell Raybould. H 4 and, when so signed, ordered it transmitted to the Senate for The Pledge of Allegiance was led by Shannon Cooper, Page. the signature of the President. February 7, 2013 Approval of Journal Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we February 7, 2013 have had under consideration HCR 3 and recommend that it do Mr. Speaker: pass. We, your COMMITTEE ON JUDICIARY, RULES, AND DEMORDAUNT, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Thirty-first Legislative Day and recommend HCR 3 was filed for second reading. that same be adopted as corrected. There being no objection, the House advanced to the Seventh WILLS, Chairman Order of Business. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. Motions, Memorials, and Resolutions

Consideration of Messages from the SCR 103, by Transportation Committee, was introduced, Governor and the Senate read the first time by title, and referred to the Transportation and Defense Committee. OFFICE OF THE GOVERNOR Introduction, First Reading, and Reference Boise of Bills and Joint Resolutions February 4, 2013 HOUSE BILL NO. 107 The Honorable Scott Bedke BY STATE AFFAIRS COMMITTEE Speaker of the House AN ACT RELATING TO ABSENTEE VOTING; AMENDING Dear Mr. Speaker: CHAPTER 10, TITLE 34, IDAHO CODE, BY THE ADDITION I have the honor to advise you that I have signed today and OF A NEW SECTION 34-1012, IDAHO CODE, TO PROVIDE am transmitting to the Secretary of State the following House bill, ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING to wit: AND EARLY VOTING; AND AMENDING CHAPTER H 1 10, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-1013, IDAHO CODE, TO PROVIDE As Always - Idaho, "Esto Perpetua" PROCEDURES FOR EARLY VOTING BALLOT SECURITY. /s/ C.L. "Butch" Otter Governor HOUSE BILL NO. 108 February 6, 2013 BY STATE AFFAIRS COMMITTEE Mr. Speaker: AN ACT I transmit herewith SCR 103 which has passed the Senate. RELATING TO CORONER'S INQUESTS; AMENDING NOVAK, Secretary SECTION 19-4301B, IDAHO CODE, TO PROVIDE NOTICE REQUIREMENTS RELATING TO THE PERFORMANCE OF SCR 103 was filed for first reading. CERTAIN AUTOPSIES. [February 7, 2013 HOUSE JOURNAL 69

HOUSE BILL NO. 109 HOUSE BILL NO. 113 BY HEALTH AND WELFARE COMMITTEE BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO THE BOARD OF PHARMACY; RELATING TO ACTIONS IN PARTICULAR CASES; AMENDING SECTION 54-1707, IDAHO CODE, TO AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION PROVIDE FOR EXPERIENCE FOR PHARMACIST OF A NEW CHAPTER 30, TITLE 6, IDAHO CODE, TO MEMBERS OF THE BOARD OF PHARMACY. PROVIDE A SHORT TITLE REGARDING THE IDAHO AGRITOURISM PROMOTION ACT, TO PROVIDE A PURPOSE, TO DEFINE TERMS, TO LIMIT LIABILITY, TO HOUSE BILL NO. 110 PROHIBIT CERTAIN ACTION, TO REQUIRE CERTAIN BY AGRICULTURAL AFFAIRS COMMITTEE PLEADING, TO PROVIDE EXCEPTIONS TO THE AN ACT PREVENTION OR LIMITATION OF LIABILITY, TO RELATING TO DAIRY PRODUCTS; AMENDING PROVIDE THAT LIMITATION ON LEGAL LIABILITY SECTION 25-3101, IDAHO CODE, TO REVISE VERBIAGE; IS IN ADDITION TO ANY OTHER LIMITATIONS ON AMENDING SECTION 25-3103, IDAHO CODE, TO LEGAL LIABILITY OTHERWISE SPECIFIED BY LAW, REVISE VERBIAGE, TO REMOVE A DEFINITION, TO TO PROVIDE WARNING NOTICE REQUIREMENTS, REVISE A DEFINITION AND TO MAKE A TECHNICAL TO SPECIFY THE FORM OF WARNING NOTICES, CORRECTION; AMENDING SECTION 25-3107, IDAHO TO PROVIDE THAT FAILURE TO COMPLY WITH CODE, TO REVISE VERBIAGE AND TO MAKE WARNING NOTICE REQUIREMENTS WILL PREVENT THE TECHNICAL CORRECTIONS; AMENDING SECTION INVOCATION OF CERTAIN PRIVILEGES OF IMMUNITY 25-3109, IDAHO CODE, TO REMOVE REFERENCE TO AN AND TO PROVIDE THAT THE USE OF A FARM OR ADMINISTRATOR, TO PROVIDE THAT THE IDAHO DAIRY RANCH FOR AGRITOURISM ACTIVITIES SHALL NOT PRODUCTS COMMISSION MAY EMPLOY A DIRECTOR AFFECT THE ASSESSMENT OF THE PROPERTY AS LAND AND TO REMOVE PROVISIONS RELATING TO FIDELITY ACTIVELY DEVOTED TO AGRICULTURE AS PROVIDED BONDS; AMENDING SECTION 25-3111, IDAHO CODE, BY SPECIFIED LAW. TO REVISE VERBIAGE, TO REMOVE DUPLICATIVE VERBIAGE AND TO REVISE CERTAIN DUTIES, HOUSE BILL NO. 114 AUTHORITIES AND POWERS OF THE COMMISSION; BY AGRICULTURAL AFFAIRS COMMITTEE AMENDING SECTION 25-3113, IDAHO CODE, TO AN ACT REVISE BONDING REQUIREMENTS AND TO REVISE RELATING TO THE IDAHO GRAPE GROWERS VERBIAGE; AMENDING SECTION 25-3114, IDAHO CODE, AND WINE PRODUCERS COMMISSION; AMENDING TO REMOVE REFERENCE TO AN ADMINISTRATOR, SECTION 54-3602, IDAHO CODE, TO REVISE PROVISIONS TO PROVIDE FOR THE APPOINTMENT, DUTIES RELATING TO COMPOSITION OF THE COMMISSION; AND SALARY OF THE DIRECTOR AND TO REVISE AND AMENDING SECTION 54-3604, IDAHO CODE, VERBIAGE; AMENDING SECTION 25-3115, IDAHO CODE, TO REVISE PROVISIONS RELATING TO TERMS OF TO REMOVE REFERENCE TO AN ADMINISTRATOR, TO COMMISSION MEMBERS. PROVIDE FOR THE OFFICE OF THE DIRECTOR AND TO REVISE VERBIAGE; AMENDING SECTION 25-3116, HOUSE BILL NO. 115 IDAHO CODE, TO REVISE LIABILITY PROVISIONS; BY APPROPRIATIONS COMMITTEE AMENDING SECTION 25-3121, IDAHO CODE, TO REVISE AN ACT VERBIAGE AND TO MAKE TECHNICAL CORRECTIONS; RELATING TO APPROPRIATIONS AND TRANSFERS AND AMENDING SECTION 25-3122, IDAHO CODE, TO OF FUNDS; PROVIDING AN APPROPRIATION AND A REVISE VERBIAGE AND TO MAKE A TECHNICAL TRANSFER OF FUNDS TO THE FIRE SUPPRESSION CORRECTION. DEFICIENCY FUND; PROVIDING AN APPROPRIATION AND A TRANSFER OF FUNDS TO THE PEST CONTROL DEFICIENCY FUND; PROVIDING AN APPROPRIATION HOUSE BILL NO. 111 AND A TRANSFER OF FUNDS TO THE HAZARDOUS BY AGRICULTURAL AFFAIRS COMMITTEE SUBSTANCE EMERGENCY RESPONSE FUND; AND AN ACT DECLARING AN EMERGENCY. RELATING TO ANIMAL CARE; AMENDING SECTION 25-3502, IDAHO CODE, TO REVISE A DEFINITION AND HOUSE BILL NO. 116 TO DEFINE A TERM; AND AMENDING SECTION 25-3504, BY TRANSPORTATION AND DEFENSE COMMITTEE IDAHO CODE, TO ESTABLISH PROVISIONS RELATING AN ACT TO COMMITTING TORTURE TO COMPANION ANIMALS RELATING TO TITLING AND REGISTRATION; AND TO PROVIDE THAT CERTAIN OFFICERS MAY TAKE AMENDING SECTION 49-105, IDAHO CODE, TO REVISE A POSSESSION OF COMPANION ANIMALS SUBJECTED TO DEFINITION; AMENDING SECTION 49-120, IDAHO CODE, TORTURE. TO DEFINE A TERM AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-302, IDAHO CODE, TO REVISE A CODE REFERENCE AND TO MAKE HOUSE BILL NO. 112 TECHNICAL CORRECTIONS; AMENDING SECTION BY AGRICULTURAL AFFAIRS COMMITTEE 49-402, IDAHO CODE, TO REMOVE A CODE REFERENCE AN ACT AND TO REVISE CODE REFERENCES; AMENDING RELATING TO THE HONEY ADVERTISING SECTION 49-426, IDAHO CODE, TO REVISE CODE COMMISSION; AMENDING SECTION 22-2804, IDAHO REFERENCES AND TO PROVIDE AN EXCEPTION TO CODE, TO REVISE COMPENSATION PROVISIONS SPECIFIED REGISTRATION NUMBER REQUIREMENTS REGARDING THE COMMISSION. AND REGISTRATION PROVISIONS; AMENDING SECTION 70 HOUSE JOURNAL February 7, 2013]

49-456, IDAHO CODE, TO REVISE CODE REFERENCES; IDAHO CODE, BY THE ADDITION OF A NEW SECTION AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE 49-470, IDAHO CODE, TO PROVIDE FOR APPLICATIONS ADDITION OF A NEW SECTION 49-460, IDAHO CODE, FOR REGISTRATION NUMBERS FOR SNOWMOBILES, TO TO PROVIDE FOR HULL IDENTIFICATION NUMBERS; PROVIDE FOR FEES, TO PROVIDE FOR THE ISSUANCE AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE OF REGISTRATION AND NUMBER DECALS, TO PROVIDE ADDITION OF A NEW SECTION 49-461, IDAHO CODE, REQUIREMENTS RELATING TO REGISTRATION AND TO PROVIDE FOR EXEMPTIONS FROM NUMBERING NUMBER DECALS, TO PROVIDE FOR ISSUANCE BY PROVISIONS; AMENDING CHAPTER 4, TITLE 49, THE DEPARTMENT AND TO PROVIDE THAT CERTAIN IDAHO CODE, BY THE ADDITION OF A NEW SECTION COUNTY ASSESSORS MAY BE AUTHORIZED TO ISSUE 49-462, IDAHO CODE, TO PROVIDE FOR APPLICATIONS VALID REGISTRATION AND NUMBER DECALS, TO FOR REGISTRATION OF CERTAIN VESSELS, TO PROVIDE FOR THE TRANSFER OF REGISTRATION PROVIDE FOR FEES, TO PROVIDE FOR ISSUANCE NUMBERS AND TO PROVIDE FOR FEES, TO PROVIDE OF VALIDATION STICKERS AND CERTIFICATES TITLING REQUIREMENTS, TO PROHIBIT THE DISPLAY OF REGISTRATION BY COUNTY ASSESSORS, TO OF NUMBERS ON SNOWMOBILES OTHER THAN AN PROVIDE REQUIREMENTS RELATING TO VALIDATION ISSUED REGISTRATION NUMBER, TO PROVIDE FOR STICKERS AND CERTIFICATES OF REGISTRATION, TO THE PURCHASE AND DISPLAY OF REGISTRATION PROVIDE REQUIREMENTS RELATING TO CERTIFICATES NUMBERS FOR RENTAL PURPOSES AND TO PROVIDE OF REGISTRATION FOR CERTAIN VESSELS WITH FOR THE DEPOSIT AND DISTRIBUTION OF MONEYS CURRENT CERTIFICATES OF REGISTRATION ISSUED COLLECTED; AMENDING CHAPTER 4, TITLE 49, IDAHO PURSUANT TO FEDERAL LAW OR A FEDERALLY CODE, BY THE ADDITION OF A NEW SECTION 49-471, APPROVED NUMBERING SYSTEM OF ANOTHER IDAHO CODE, TO CLARIFY EXCLUSIVE AUTHORITY STATE, TO REQUIRE CERTAIN RECORDKEEPING OF SPECIFIED LAW AND TO PROHIBIT POLITICAL BY COUNTY ASSESSORS, TO PROVIDE EFFECTIVE SUBDIVISIONS FROM NUMBERING OR REGISTERING DATES, TO PROVIDE FOR RENEWAL, TO PROVIDE SNOWMOBILES; AMENDING CHAPTER 4, TITLE 49, FOR RELEASE OF LIABILITY STATEMENTS UPON IDAHO CODE, BY THE ADDITION OF A NEW SECTION SALE, TO PROVIDE FOR CHANGE OF ADDRESS, TO 49-472, IDAHO CODE, TO PROVIDE FOR OPERATION PROVIDE FOR TRANSFERS OF CERTIFICATES OF OF CERTAIN REGISTERED VEHICLES ON GROOMED REGISTRATION AND TRANSFER FEES, TO PROHIBIT SNOWMOBILE TRAILS AND TO PROVIDE FOR THE DISPLAY OF NUMBERS ON VESSELS OTHER THAN VIOLATIONS; AMENDING CHAPTER 4, TITLE 49, IDAHO AN ISSUED REGISTRATION NUMBER, TO PROVIDE CODE, BY THE ADDITION OF A NEW SECTION 49-473, FOR REPLACEMENT CERTIFICATES OF REGISTRATION IDAHO CODE, TO PROVIDE FOR VIOLATIONS AND AND VALIDATION STICKERS AND ASSOCIATED FEES, PENALTIES AND TO PROVIDE FOR RESPONSIBILITY TO PROVIDE FOR CERTIFICATES OF REGISTRATION FOR PROPERTY DAMAGE; AMENDING CHAPTER 4, AND FEES FOR USE IN TESTING OR DEMONSTRATION TITLE 49, IDAHO CODE, BY THE ADDITION OF A OF A VESSEL FOR CERTAIN PERSONS, TO PROVIDE NEW SECTION 49-480, IDAHO CODE, TO PROVIDE FOR REGISTRATION FEES, TO PROVIDE FOR AN FOR APPLICATIONS FOR REGISTRATION OF CERTAIN ADDITIONAL FEE, TO PROVIDE FOR DEPOSIT OF SUCH ALL-TERRAIN VEHICLES, MOTORBIKES, SPECIALTY FEE INTO THE INVASIVE SPECIES FUND, TO PROVIDE OFF-HIGHWAY VEHICLES, UTILITY TYPE VEHICLES FOR PROTECTION AGAINST INVASIVE SPECIES AND MOTORCYCLES, TO PROVIDE FOR FEES, TO STICKERS, TO PROVIDE FOR EXEMPTIONS TO THE PROVIDE FOR REGISTRATION STICKERS, TO PROVIDE IMPOSITION OF FEES AND TO PROVIDE THAT CERTAIN FOR EFFECTIVE DATES, TO PROVIDE FOR RENEWAL, TO VESSELS SHALL NOT BE ASSESSED AND TAXED PROVIDE ADDITIONAL REGISTRATION REQUIREMENTS AS PERSONAL PROPERTY; AMENDING CHAPTER 4, FOR CERTAIN MOTORBIKES, TO PROVIDE CERTAIN TITLE 49, IDAHO CODE, BY THE ADDITION OF A EXCEPTIONS RELATING TO REQUIREMENTS FOR NEW SECTION 49-464, IDAHO CODE, TO ESTABLISH RESTRICTED VEHICLE LICENSE PLATES, TO PROVIDE THE STATE VESSEL FUND, TO PROVIDE FOR THE FOR THE PURCHASE OF RESTRICTED VEHICLE REMITTANCE AND DEPOSIT OF FEES, TO PROVIDE LICENSE PLATES BY NONRESIDENTS AND TO FOR THE APPROPRIATION AND USE OF CERTAIN PROVIDE FOR THE DISTRIBUTION OF MONEYS; MONEYS, TO PROVIDE FOR THE APPORTIONMENT OF AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, CERTAIN MONEYS, TO PROVIDE REQUIREMENTS FOR BY THE ADDITION OF A NEW SECTION 49-481, ELIGIBILITY FOR THE RECEIPT OF CERTAIN MONEYS, IDAHO CODE, TO PROVIDE FOR THE TRANSFER TO PROVIDE FOR THE PLACEMENT AND CREDIT OF OF REGISTRATION STICKERS AND RESTRICTED APPORTIONED MONEYS INTO COUNTY VESSEL FUNDS, VEHICLE LICENSE PLATES UPON PURCHASE OF A TO PROVIDE FOR THE USE OF APPORTIONED MONEYS PREVIOUSLY REGISTERED ALL-TERRAIN VEHICLE, BY ELIGIBLE COUNTIES, TO REQUIRE COUNTY CLERKS UTILITY TYPE VEHICLE OR MOTORBIKE AND TO TO CALCULATE THE ENDING FUND BALANCE OF PROVIDE FOR FEES; AMENDING CHAPTER 4, TITLE 49, COUNTY VESSEL FUNDS WITHIN A DESIGNATED TIME, IDAHO CODE, BY THE ADDITION OF A NEW SECTION TO PROVIDE A PROCEDURE RELATING TO CERTAIN 49-482, IDAHO CODE, TO PROVIDE THAT SPECIFIED FUND BALANCES, TO PROVIDE AN EXCEPTION TO REGISTRATION REQUIREMENTS SHALL NOT APPLY PROCEDURES RELATING TO FUND BALANCES FOR TO CERTAIN NONRESIDENTS AND TO CLARIFY THAT CERTAIN MONEYS AND TO PROVIDE FOR INTEREST USE PRIVILEGES AND RESPONSIBILITIES APPLY EARNED; AMENDING CHAPTER 4, TITLE 49, IDAHO TO NONRESIDENTS; AMENDING SECTION 49-501, CODE, BY THE ADDITION OF A NEW SECTION 49-465, IDAHO CODE, TO PROVIDE FOR APPLICABILITY OF IDAHO CODE, TO PROVIDE FOR THE ESTABLISHMENT, DESIGNATED TITLING REQUIREMENTS, TO REMOVE COLLECTION, PAYMENT AND USE OF HANDLING TITLING REQUIREMENTS FOR CERTAIN VEHICLES, TO FEES FOR VESSELS; AMENDING CHAPTER 4, TITLE 49, PROVIDE FOR THE DURATION OF A TITLED VESSEL [February 7, 2013 HOUSE JOURNAL 71

DESIGNATION, TO PROVIDE FOR THE APPLICABILITY LICENSE PLATES; REPEALING SECTION 67-7124, OF SPECIFIED REQUIREMENTS AND TO PROVIDE IDAHO CODE, RELATING TO EXEMPTIONS FROM THAT CERTAIN VEHICLES ARE EXEMPT FROM REGISTRATION FOR CERTAIN NONRESIDENTS; SPECIFIED TITLING REQUIREMENTS; REPEALING AMENDING SECTION 67-7125, IDAHO CODE, TO SECTION 49-501A, IDAHO CODE, RELATING TO THE PROVIDE A CORRECT CODE REFERENCE AND TO APPLICABILITY OF SPECIFIED VESSEL TITLING MAKE TECHNICAL CORRECTIONS; AMENDING PROVISIONS; AMENDING SECTION 49-1606, IDAHO SECTION 67-7126, IDAHO CODE, TO REVISE PROVISIONS CODE, TO CLARIFY APPLICABILITY OF PROVISIONS RELATING TO THE ALLOCATION AND DISTRIBUTION RELATING TO CLASSES OF LICENSES; REPEALING OF FEES COLLECTED FOR OFF-HIGHWAY VEHICLE SECTION 67-7004, IDAHO CODE, RELATING TO HULL REGISTRATION STICKERS; AND PROVIDING IDENTIFICATION NUMBERS; REPEALING SECTION SEVERABILITY. 67-7008, IDAHO CODE, RELATING TO CERTIFICATES OF REGISTRATION; REPEALING SECTION 67-7009, IDAHO HOUSE BILL NO. 117 CODE, RELATING TO EXEMPTION FROM NUMBERING BY TRANSPORTATION AND DEFENSE COMMITTEE PROVISIONS; REPEALING SECTION 67-7013, IDAHO AN ACT CODE, RELATING TO REMITTANCE OF FEES; RELATING TO AERONAUTICS; AMENDING SECTION REPEALING SECTION 67-7014, IDAHO CODE, RELATING 21-101, IDAHO CODE, TO REVISE A DEFINITION AND TO ADMINISTRATIVE FEES FOR VESSELS; REPEALING TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-7029, IDAHO CODE, RELATING TO SECTION 21-104, IDAHO CODE, TO ESTABLISH AGENTS OF THE DEPARTMENT; REPEALING SECTION PROVISIONS RELATING TO AERIAL SEARCH 67-7039, IDAHO CODE, RELATING TO THE VESSEL OPERATIONS; AND AMENDING SECTION 21-114, IDAHO TITLING ACT; REPEALING SECTION 67-7040, IDAHO CODE, TO REMOVE LANGUAGE RELATING TO PILOT CODE, RELATING TO THE APPLICATION TO CERTAIN REGISTRATION, TO REVISE PROVISIONS RELATING TO VESSELS; REPEALING SECTION 67-7041, IDAHO CERTAIN FEES, TO REVISE PROVISIONS RELATING TO CODE, RELATING TO LIENS AND ENCUMBRANCES; CERTAIN AIRCRAFT REGISTRATION, TO ESTABLISH AMENDING SECTION 67-7101, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PERSONAL PROPERTY A DEFINITION; AMENDING SECTION 67-7102, IDAHO TAX, TO REVISE PROVISIONS RELATING TO CERTAIN CODE, TO REQUIRE REGISTRATION NUMBERS FOR DECALS, TO REVISE PROVISIONS RELATING TO SNOWMOBILES AND TO REFERENCE SPECIFIED LAW; REQUIREMENT FOR REGISTRATION AND ISSUANCE OF REPEALING SECTION 67-7103, IDAHO CODE, RELATING CERTIFICATES, TO REVISE PROVISIONS RELATING TO TO APPLICATIONS FOR NUMBERING REGARDING EXEMPTIONS, TO REVISE PROVISIONS RELATING TO SNOWMOBILES; AMENDING SECTION 67-7104, IDAHO THE TRANSFER OF OWNERSHIP OF AN AIRCRAFT AND CODE, TO REQUIRE RENTAL CERTIFICATES FOR TO MAKE TECHNICAL CORRECTIONS. NONRESIDENT OWNERS OF SNOWMOBILES USED FOR RENTAL PURPOSES, TO REMOVE REFERENCE TO THE HOUSE BILL NO. 118 DISPLAY OF CERTAIN CERTIFICATES OF NUMBER, BY TRANSPORTATION AND DEFENSE COMMITTEE TO PROVIDE A FEE, TO PROVIDE FOR DISPLAY, TO AN ACT PROVIDE THAT CERTIFICATES OF NUMBER SHALL BE RELATING TO REGISTRATION OF AIRCRAFT; AVAILABLE FOR INSPECTION, TO REMOVE REFERENCE AMENDING SECTION 21-114, IDAHO CODE, TO REVISE TO SPECIFIED LAW RELATING TO ISSUANCE AND A REGISTRATION FEE, TO REVISE A TERM, TO PROVIDE ADMINISTRATION, TO PROVIDE FOR ISSUANCE BY FOR A MINIMUM AND MAXIMUM FEE AND TO MAKE THE DEPARTMENT OR DEPARTMENT AUTHORIZED TECHNICAL CORRECTIONS. VENDORS AND TO PROVIDE FOR THE WAIVER OF CERTAIN REQUIREMENTS FOR NONRESIDENT HOUSE BILL NO. 119 RENTAL CERTIFICATES; REPEALING SECTION 67-7105, BY TRANSPORTATION AND DEFENSE COMMITTEE IDAHO CODE, RELATING TO EXEMPTION FROM AN ACT REGISTRATION AND NUMBERING FOR CERTAIN RELATING TO SAFETY RESTRAINT USE; AMENDING GOVERNMENT OWNED VEHICLES; AMENDING SECTION 49-673, IDAHO CODE, TO REVISE PROVISIONS SECTION 67-7106, IDAHO CODE, TO REVISE PROVISIONS RELATING TO ENFORCEMENT OF SPECIFIED LAW RELATING TO THE REMITTANCE, DISTRIBUTION AND ONLY AS A SECONDARY ACTION, TO PROVIDE USE OF MONEYS COLLECTED FOR SNOWMOBILE THAT ENFORCEMENT OF SPECIFIED LAW BY LAW REGISTRATION AND RENTAL CERTIFICATES AND TO ENFORCEMENT OFFICERS MAY BE ACCOMPLISHED AS REVISE PROVISIONS RELATING TO HANDLING FEES; A PRIMARY ACTION WITHOUT REGARD TO WHETHER REPEALING SECTION 67-7108, IDAHO CODE, RELATING THE OPERATOR OF THE MOTOR VEHICLE HAS BEEN TO PROHIBITION OF NUMBERING BY POLITICAL DETAINED FOR ANY OTHER SUSPECTED VIOLATION SUBDIVISIONS; REPEALING SECTION 67-7112, IDAHO OF LAW FOR MOTOR VEHICLE OPERATORS OF A CODE, RELATING TO GROOMED SNOWMOBILE TRAILS; SPECIFIED AGE, TO PROVIDE THAT UNDER CERTAIN AMENDING SECTION 67-7113, IDAHO CODE, TO CONDITIONS NO CITATION FOR ANY OFFENSE MAY BE PROVIDE A CORRECT CODE REFERENCE AND TO MAKE ISSUED AND TO MAKE TECHNICAL CORRECTIONS. A TECHNICAL CORRECTION; REPEALING SECTION 67-7122, IDAHO CODE, RELATING TO REGISTRATION OF H 107, H 108, H 109, H 110, H 111, H 112, H 113, H 114, ALL-TERRAIN VEHICLES, MOTORBIKES, SPECIALTY H 115, H 116, H 117, H 118, and H 119 were introduced, read OFF-HIGHWAY VEHICLES, UTILITY TYPE VEHICLES the first time by title, and referred to the Judiciary, Rules, and AND MOTORCYCLES; REPEALING SECTION 67-7123, Administration Committee for printing. IDAHO CODE, RELATING TO THE TRANSFER OF There being no objection, the House advanced to the Tenth REGISTRATION STICKERS AND RESTRICTED VEHICLE Order of Business. 72 HOUSE JOURNAL February 7, 2013]

Second Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mr. Gestrin to open debate. H 17, by Health and Welfare Committee, was read the second time by title and filed for third reading. The question being, "Shall H 85 pass?" H 43 and H 44, by Commerce and Human Resources Roll call resulted as follows: Committee, were read the second time by title and filed for third AYES – Agidius, Anderson(01), Anderson(31), Anderst, reading. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 7, H 8, H 9, H 10, and H 76, by Business Committee, were Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, read the second time by title and filed for third reading. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, H 29, by Judiciary, Rules, and Administration Committee, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, was read the second time by title and filed for third reading. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 62, by Packer, was read the second time by title and filed Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, for third reading. Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), H 72, by Revenue and Taxation Committee, was read the Woodings, Youngblood, Mr. Speaker. Total – 69. second time by title and filed for third reading. NAYS – None. Absent and excused – Thompson. Total – 1. Third Reading of Bills and Joint Resolutions Total – 70. Mr. Moyle asked unanimous consent that SCR 102 be Whereupon the Speaker declared that H 85 passed the House. placed at the top of the Third Reading Calendar. There being no Title was approved and the bill ordered transmitted to the Senate. objection, it was so ordered. H 81 - HIGHER EDUCATION INSTITUTIONS SCR 102 - OPPOSITION TO USE OF "IDAHO" MARK SCR 102 was read the third time at length and placed before H 81 was read the third time at length, section by section, the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Andrus to open At this time, the Speaker recognized Mr. Kloc to open debate. debate. The question being, "Shall H 81 pass?" The question being, "Shall SCR 102 be adopted?" Roll call resulted as follows: Whereupon the Speaker declared SCR 102 adopted by voice AYES – Agidius, Anderson(01), Anderson(31), Anderst, vote and ordered the resolution returned to the Senate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, H 66 - AGRICULTURE Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, H 66 was read the third time at length, section by section, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, and placed before the House for final consideration. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, At this time, the Speaker recognized Mr. Kauffman to open Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, debate. Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), The question being, "Shall H 66 pass?" Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Roll call resulted as follows: Absent and excused – Thompson. Total – 1. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Whereupon the Speaker declared that H 81 passed the House. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Title was approved and the bill ordered transmitted to the Senate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, H 82 - EDUCATION - WORKER'S COMPENSATION Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, H 82 was read the third time at length, section by section, Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, and placed before the House for final consideration. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), At this time, the Speaker recognized Mr. Clow to open Woodings, Youngblood, Mr. Speaker. Total – 69. debate. NAYS – None. Absent and excused – Thompson. Total – 1. The question being, "Shall H 82 pass?" Total – 70. Whereupon the Speaker declared that H 66 passed the House. Roll call resulted as follows: Title was approved and the bill ordered transmitted to the Senate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 85 - HIGHWAY DISTRICTS Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, H 85 was read the third time at length, section by section, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, and placed before the House for final consideration. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, [February 7, 2013 HOUSE JOURNAL 73

Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 73 - INFORMATION TECHNOLOGY AND Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, TELECOMMUNICATIONS Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), H 73 was read the third time at length, section by section, Woodings, Youngblood, Mr. Speaker. Total – 69. and placed before the House for final consideration. NAYS – None. Absent and excused – Thompson. Total – 1. At this time, the Speaker recognized Mr. Loertscher to open Total – 70. debate. Whereupon the Speaker declared that H 82 passed the House. The question being, "Shall H 73 pass?" Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: H 83 - PROPRIETARY SCHOOLS AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 83 was read the third time at length, section by section, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, and placed before the House for final consideration. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, At this time, the Speaker recognized Mr. Harris to open McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, debate. Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Trujillo, VanOrden, Vander Woude, Wills, The question being, "Shall H 83 pass?" Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 56. NAYS – Burgoyne, Chew, Erpelding, Gannon, King, Roll call resulted as follows: Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Woodings. Total – 13. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Absent and excused – Thompson. Total – 1. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Total – 70. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared that H 73 passed the House. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Title was approved and the bill ordered transmitted to the Senate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, SCR 101 - POWER COUNTY Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. SCR 101 was read the third time at length and placed before NAYS – None. the House for final consideration. Absent and excused – Thompson. Total – 1. Total – 70. At this time, the Speaker recognized Mrs. Packer to open debate. Whereupon the Speaker declared that H 83 passed the House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall SCR 101 be adopted?"

H 84 - EDUCATION Whereupon the Speaker declared SCR 101 adopted by voice vote and ordered the resolution returned to the Senate. H 84 was read the third time at length, section by section, and placed before the House for final consideration. H 87 - EXCISE TAX - WINERIES At this time, the Speaker recognized Mr. Nielsen to open debate. H 87 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 84 pass?" At this time, the Speaker recognized Mr. Crane to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, interest regarding H 87. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, The question being, "Shall H 87 pass?" Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Roll call resulted as follows: Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Woodings, Youngblood, Mr. Speaker. Total – 68. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – Morse. Total – 1. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – Thompson. Total – 1. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Total – 70. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that H 84 passed the House. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Title was approved and the bill ordered transmitted to the Senate. Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, 74 HOUSE JOURNAL February 7, 2013]

Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Thompson. Total – 1. Total – 70. Whereupon the Speaker declared that H 87 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Friday, February 8, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:03 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 8, 2013 HOUSE JOURNAL 75

HOUSE JOURNAL Report of Standing Committees OF THE February 8, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO LEGISLATURE ADMINISTRATION, report that we have printed H 107, H 108, H 109, H 110, H 111, H 112, H 113, H 114, H 115, H 116, H 117, FIRST REGULAR SESSION H 118, and H 119. SIXTY-SECOND LEGISLATURE WILLS, Chairman H 107 and H 108 were referred to the State Affairs Committee. H 109 was referred to the Health and Welfare Committee. THIRTY-THIRD LEGISLATIVE DAY FRIDAY, FEBRUARY 8, 2013 H 110, H 111, H 112, H 113, and H 114 were referred to the Agricultural Affairs Committee.

House of Representatives H 115 was filed for second reading. The House convened at 11 a.m., the Speaker in the Chair. H 116, H 117, H 118, and H 119 were referred to the Transportation and Defense Committee. Roll call showed 63 members present. Absent and excused – Agidius, Anderson(01), DeMordaunt, February 7, 2013 Erpelding, Kloc, Loertscher, Ward-Engelking. Total – 7. Mr. Speaker: Total – 70. We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 55 and recommend that it do Prayer was offered by Representative John Rusche. pass. LOERTSCHER, Chairman The Pledge of Allegiance was led by Travis Mapes, Page. H 55 was filed for second reading. Approval of Journal February 7, 2013 February 8, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON COMMERCE AND HUMAN We, your COMMITTEE ON JUDICIARY, RULES, AND RESOURCES, report that we have had under consideration ADMINISTRATION, report that we have read and approved H 91 and recommend that it do pass. the House Journal of the Thirty-second Legislative Day and HARTGEN, Chairman recommend that same be adopted as corrected. WILLS, Chairman H 91 was filed for second reading. Mr. Wills moved that the report be adopted. Seconded by February 7, 2013 Mr. Burgoyne. Report adopted. Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON BUSINESS, report that we have Governor and the Senate had under consideration H 54 and H 74 and recommend that they do pass. February 7, 2013 HENDERSON, Chairman Mr. Speaker: I transmit herewith enrolled SCR 102 for the signature of the H 54 and H 74 were filed for second reading. Speaker. February 8, 2013 NOVAK, Secretary Mr. Speaker: The Speaker announced he was about to sign enrolled We, your COMMITTEE ON RESOURCES AND SCR 102 and, when so signed, ordered it returned to the Senate. CONSERVATION, report that we have had under consideration H 48 and H 49 and recommend that they do pass. February 7, 2013 DENNEY, Chairman Mr. Speaker: I return herewith enrolled H 2 and H 3 which have been H 48 and H 49 were filed for second reading. signed by the President. There being no objection, the House advanced to the Eighth NOVAK, Secretary Order of Business. Enrolled H 2 and H 3 were referred to the Judiciary, Rules, Introduction, First Reading, and Reference and Administration Committee for delivery to the Governor. of Bills and Joint Resolutions February 7, 2013 Mr. Speaker: HOUSE BILL NO. 120 I transmit herewith S 1001, S 1004, and S 1027 which have BY STATE AFFAIRS COMMITTEE passed the Senate. AN ACT NOVAK, Secretary RELATING TO THE IDAHO STATE LOTTERY; AMENDING SECTION 67-7408, IDAHO CODE, TO REVISE S 1001, S 1004, and S 1027 were filed for first reading. THE POWERS AND DUTIES OF THE IDAHO STATE 76 HOUSE JOURNAL February 8, 2013]

LOTTERY COMMISSION RELATING TO THE METHODS REVISE TERMINOLOGY, TO ESTABLISH PROVISIONS TO BE UTILIZED IN SELLING LOTTERY TICKETS AND RELATING TO THE APPOINTMENT OF A GUARDIAN OR SHARES. CONSERVATOR OF AN INCAPACITATED PERSON AND TO ESTABLISH CERTAIN REPORTING REQUIREMENTS; HOUSE BILL NO. 121 AND AMENDING SECTION 66-405, IDAHO CODE, TO BY STATE AFFAIRS COMMITTEE REVISE TERMINOLOGY, TO PROVIDE THAT CERTAIN AN ACT INFORMATION SHALL BE INCLUDED IN A CERTAIN RELATING TO THE IDAHO CREDIT RATING REPORT AND TO MAKE TECHNICAL CORRECTIONS. ENHANCEMENT COMMITTEE; AMENDING SECTION 67-1224, IDAHO CODE, TO REVISE PROVISIONS HOUSE BILL NO. 126 RELATING TO MEETINGS OF THE COMMITTEE; AND BY JUDICIARY, RULES, AND ADMINISTRATION AMENDING SECTION 67-1225, IDAHO CODE, TO REVISE COMMITTEE POWERS AND DUTIES OF THE COMMITTEE AND TO AN ACT PROVIDE THAT THE COMMITTEE SHALL REPORT TO RELATING TO ASSAULT AND BATTERY; AMENDING THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SECTION 18-915, IDAHO CODE, TO ESTABLISH AND THE PRESIDENT PRO TEMPORE OF THE SENATE ADDITIONAL PROVISIONS RELATING TO ASSAULT OR BY AUGUST 1 OF EACH YEAR. BATTERY UPON CERTAIN PERSONNEL.

HOUSE BILL NO. 122 HOUSE BILL NO. 127 BY APPROPRIATIONS COMMITTEE BY BUSINESS COMMITTEE AN ACT AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE RELATING TO THE BUREAU OF OCCUPATIONAL SOIL AND WATER CONSERVATION COMMISSION FOR LICENSES; AMENDING SECTION 67-2609, IDAHO CODE, FISCAL YEAR 2013; AND DECLARING AN EMERGENCY. TO PROVIDE THAT THE BUREAU OF OCCUPATIONAL LICENSES MAY COLLECT AND PAY CERTAIN FEES HOUSE BILL NO. 123 RELATING TO CRIMINAL BACKGROUND CHECKS. BY APPROPRIATIONS COMMITTEE AN ACT HOUSE BILL NO. 128 APPROPRIATING ADDITIONAL MONEYS TO THE BY RESOURCES AND CONSERVATION COMMITTEE LAVA HOT SPRINGS FOUNDATION FOR FISCAL YEAR AN ACT 2013; AND DECLARING AN EMERGENCY. RELATING TO WATER; AMENDING SECTION 42-2205, IDAHO CODE, TO PROVIDE THAT LIENS BY OPERATING HOUSE BILL NO. 124 COMPANIES MAY NOT BIND ANY LAND FOR A LONGER BY JUDICIARY, RULES, AND ADMINISTRATION PERIOD THAN THREE YEARS AFTER THE FILING COMMITTEE UNLESS PROCEEDINGS ARE COMMENCED IN A COURT AN ACT WITHIN THAT TIME TO ENFORCE THE LIEN AND TO RELATING TO THE STATE BOARD OF CORRECTION; MAKE A TECHNICAL CORRECTION. AMENDING SECTION 20-223, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE RETURN OF A CERTAIN HOUSE BILL NO. 129 BOND AND TO MAKE TECHNICAL CORRECTIONS. BY RESOURCES AND CONSERVATION COMMITTEE AN ACT HOUSE BILL NO. 125 RELATING TO IRRIGATION DISTRICTS; AMENDING BY JUDICIARY, RULES, AND ADMINISTRATION SECTION 43-712, IDAHO CODE, TO REVISE THE COMMITTEE INTEREST RATE ON DELINQUENT ASSESSMENTS AN ACT RELATING TO THE REDEMPTION OF LANDS AND TO RELATING TO GUARDIANSHIP AND MAKE A TECHNICAL CORRECTION. CONSERVATORSHIP; AMENDING SECTION 15-5-308, IDAHO CODE, TO REVISE PROVISIONS RELATING TO HOUSE BILL NO. 130 CRIMINAL HISTORY AND BACKGROUND CHECKS BY RESOURCES AND CONSERVATION COMMITTEE ON CERTAIN PERSONS, TO REVISE PROVISIONS AN ACT RELATING TO GUARDIANSHIP PROCEEDINGS AND RELATING TO IRRIGATION DISTRICTS; AMENDING TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 43-201, IDAHO CODE, TO REVISE IRRIGATION SECTION 15-5-311, IDAHO CODE, TO ESTABLISH DISTRICT ELECTION PROVISIONS, TO PROVIDE FOR PROVISIONS RELATING TO THE APPOINTMENT OF A THE COMMENCEMENT AND DURATION OF TERMS GUARDIAN OF AN INCAPACITATED PERSON AND TO OF OFFICE, TO PROVIDE THAT CANDIDATES FOR ESTABLISH CERTAIN REPORTING REQUIREMENTS; ELECTION TO THE OFFICE OF DIRECTOR SHALL AMENDING SECTION 15-5-316, IDAHO CODE, TO REVISE BE NOMINATED, TO PROVIDE FOR NOMINATING PROVISIONS RELATING TO CRIMINAL HISTORY AND PETITIONS, TO PROVIDE FOR OATHS, TO PROVIDE BACKGROUND CHECKS CONDUCTED ON CERTAIN FOR VERIFICATION OF QUALIFICATIONS BY THE PERSONS; AMENDING SECTION 56-1004A, IDAHO SECRETARY OF THE IRRIGATION DISTRICT, TO CODE, TO ESTABLISH ADDITIONAL PROVISIONS PROVIDE FOR CERTIFICATION OF QUALIFIED RELATING TO CRIMINAL HISTORY AND BACKGROUND NOMINEES FOR INCLUSION ON THE ELECTION CHECKS, TO GRANT THE DEPARTMENT OF HEALTH BALLOT, TO PROVIDE FOR DISQUALIFICATION OF AND WELFARE CERTAIN RULEMAKING AUTHORITY CERTAIN NOMINEES AND TO PROVIDE A PROCEDURE AND TO MAKE TECHNICAL CORRECTIONS; RELATING TO DISQUALIFICATION; AMENDING AMENDING SECTION 66-404, IDAHO CODE, TO SECTION 43-202, IDAHO CODE, TO PROVIDE FOR A [February 8, 2013 HOUSE JOURNAL 77

DIRECTOR'S OATH AND BOND AND TO PROVIDE H 44 - EMPLOYMENT SECURITY LAW FOR VERIFICATION OF SPECIFIED QUALIFICATIONS; AND AMENDING SECTION 43-208, IDAHO CODE, TO H 44 was read the third time at length, section by section, REVISE PROVISIONS RELATING TO MEETING FOR THE and placed before the House for final consideration. PURPOSE OF CANVASSING RETURNS AND TO PROVIDE A PROCEDURE FOR THE SECRETARY FOLLOWING At this time, the Speaker recognized Mr. Holtzclaw to open DECLARATION OF THE RESULT. debate. The question being, "Shall H 44 pass?" HOUSE BILL NO. 131 BY RESOURCES AND CONSERVATION COMMITTEE Roll call resulted as follows: AN ACT AYES – Anderson(31), Anderst, Andrus, Barbieri, Barrett, RELATING TO WATER; AMENDING SECTION 42-204, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, IDAHO CODE, TO REVISE EXTENSION PROVISIONS Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, RELATING TO THE TIME IN WHICH A PERMIT HOLDER Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, COMPLETES WORK AND APPLIES WATER TO FULL Kauffman, King, Luker, Malek, McMillan, Meline, Mendive, BENEFICIAL USE, TO PROVIDE THAT THE TIME FOR Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, COMPLETION OF WORKS AND APPLICATION OF THE Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, WATER TO FULL BENEFICIAL USE UNDER CERTAIN Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, PERMITS MAY BE EXTENDED FOR AN ADDITIONAL Vander Woude, Wills, Wood(27), Wood(35), Woodings, PERIOD OF UP TO TEN YEARS UNDER SPECIFIED Youngblood, Mr. Speaker. Total – 62. CIRCUMSTANCES AND TO MAKE TECHNICAL NAYS – Harris. Total – 1. CORRECTIONS; AND DECLARING AN EMERGENCY, Absent and excused – Agidius, Anderson(01), DeMordaunt, PROVIDING FOR APPLICABILITY AND TO PROVIDE Erpelding, Kloc, Loertscher, Ward-Engelking. Total – 7. THAT PERMITS PENDING BEFORE THE DEPARTMENT Total – 70. ARE ENTITLED TO THE MAXIMUM QUALIFYING EXTENSION AVAILABLE UNDER SPECIFIED LAW. Whereupon the Speaker declared that H 44 passed the House. Title was approved and the bill ordered transmitted to the Senate. HOUSE BILL NO. 132 BY RESOURCES AND CONSERVATION COMMITTEE H 7 - FINANCE DEPARTMENT AN ACT RELATING TO FOREST AND RANGE FIRE; H 7 was read the third time at length, section by section, and PROVIDING LEGISLATIVE INTENT; AMENDING placed before the House for final consideration. SECTION 6-202, IDAHO CODE, TO REVISE PROVISIONS RELATING TO TRESPASS; AMENDING SECTION 38-107, At this time, the Speaker recognized Mr. Clow to open IDAHO CODE, TO LIMIT DAMAGES IN CERTAIN CIVIL debate. ACTIONS FOR REAL AND PERSONAL PROPERTY DAMAGE CAUSED BY FOREST OR RANGE FIRE, TO The question being, "Shall H 7 pass?" DEFINE TERMS, TO CLARIFY THE APPLICABILITY OF SPECIFIED PROVISIONS OF LAW AND TO MAKE A Roll call resulted as follows: TECHNICAL CORRECTION; PROVIDING SEVERABILITY; AYES – Anderson(31), Anderst, Andrus, Barbieri, Barrett, AND DECLARING AN EMERGENCY. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, H 120, H 121, H 122, H 123, H 124, H 125, H 126, H 127, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, H 128, H 129, H 130, H 131, and H 132 were introduced, read Horman, Kauffman, King, Luker, Malek, McMillan, Meline, the first time by title, and referred to the Judiciary, Rules, and Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Administration Committee for printing. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, S 1001 and S 1004, by Resources and Environment VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Committee, were introduced, read the first time by title, and Woodings, Youngblood, Mr. Speaker. Total – 63. referred to the Resources and Conservation Committee. NAYS – None. Absent and excused – Agidius, Anderson(01), DeMordaunt, S 1027, by Education Committee, was introduced, read the Erpelding, Kloc, Loertscher, Ward-Engelking. Total – 7. first time by title, and referred to the Education Committee. Total – 70. There being no objection, the House advanced to the Tenth Whereupon the Speaker declared that H 7 passed the House. Order of Business. Title was approved and the bill ordered transmitted to the Senate.

Second Reading of Bills and Joint Resolutions H 8 - COMMERCIAL TRANSACTIONS HCR 3, by Education Committee, was read the second time H 8 was read the third time at length, section by section, and by title and filed for third reading. placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Ms. Smith to open Mr. Moyle asked unanimous consent that H 17, H 43, and debate. H 62 be placed at the bottom of the Third Reading Calendar. The question being, "Shall H 8 pass?" There being no objection, it was so ordered. 78 HOUSE JOURNAL February 8, 2013]

Roll call resulted as follows: Adjournment AYES – Anderson(31), Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, Denney, Eskridge, Mr. Moyle moved that the House adjourn until 11 a.m., Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Monday, February 11, 2013. Seconded by Mr. Rusche. Motion Holtzclaw, Horman, Kauffman, King, Luker, Malek, Meline, carried. Mendive, Miller, Morse, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, Thompson, Whereupon the Speaker declared the House adjourned at Trujillo, VanOrden, Wills, Wood(27), Woodings, Youngblood, 11:57 a.m. Mr. Speaker. Total – 48. SCOTT BEDKE, Speaker NAYS – Anderst, Barbieri, Barrett, Boyle, Crane, Harris, ATTEST: McMillan, Monks, Nielsen, Palmer, Shepherd, Stevenson, BONNIE ALEXANDER, Chief Clerk Vander Woude, Wood(35). Total – 14. Absent and excused – Agidius, Anderson(01), DeMordaunt, Erpelding, Kloc, Loertscher, Moyle, Ward-Engelking. Total – 8. Total – 70. Whereupon the Speaker declared that H 8 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 9 - BANKS AND BANKING H 9 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Youngblood to open debate. Pursuant to Rule 38(3), Mr. Youngblood disclosed a conflict of interest regarding H 9. The question being, "Shall H 9 pass?"

Roll call resulted as follows: AYES – Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 60. NAYS – McMillan, Nielsen, Sims. Total – 3. Absent and excused – Agidius, Anderson(01), DeMordaunt, Erpelding, Kloc, Loertscher, Ward-Engelking. Total – 7. Total – 70. Whereupon the Speaker declared that H 9 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, February 11, 2013. There being no objection, it was so ordered. At this time the Speaker put the House at ease. ****** The Idaho Historical Society presented for viewing by the House, the original document signed by President Lincoln appointing Governor Wallace as Territorial Governor of Idaho. Representative Bateman spoke briefly about the historical significance of the document. ****** There being no objection, the House advanced to the Sixteenth Order of Business. [February 11, 2013 HOUSE JOURNAL 79

HOUSE JOURNAL Report of Standing Committees OF THE February 11, 2013

IDAHO LEGISLATURE Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND FIRST REGULAR SESSION ADMINISTRATION, report that we have printed H 120, H 121, SIXTY-SECOND LEGISLATURE H 122, H 123, H 124, H 125, H 126, H 127, H 128, H 129, H 130, H 131, and H 132. WILLS, Chairman H 120 and H 121 were referred to the State Affairs THIRTY-SIXTH LEGISLATIVE DAY Committee. MONDAY, FEBRUARY 11, 2013 H 122 and H 123 were filed for second reading. H 124, H 125, and H 126 were referred to the Judiciary, House of Representatives Rules, and Administration Committee. The House convened at 11 a.m., the Speaker in the Chair. H 127 was referred to the Business Committee. Roll call showed all 70 members present. H 128, H 129, H 130, H 131, and H 132 were referred to the Resources and Conservation Committee. Prayer was offered by Chaplain Tom Dougherty.

The Pledge of Allegiance was led by Juritzi Enriquez, Page. February 11, 2013

Approval of Journal Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND February 11, 2013 ADMINISTRATION, report that we have transmitted enrolled Mr. Speaker: H 2 and H 3 to the Governor at 11:30 a.m., as of this date, We, your COMMITTEE ON JUDICIARY, RULES, AND February 8, 2013. ADMINISTRATION, report that we have read and approved WILLS, Chairman the House Journal of the Thirty-third Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman February 8, 2013 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON REVENUE AND TAXATION, Mr. Burgoyne. Report adopted. report that we have had under consideration H 88 and S 1009 and recommend that they do pass. COLLINS, Chairman Consideration of Messages from the Governor and the Senate H 88 and S 1009 were filed for second reading. February 8, 2013 There being no objection, the House advanced to the Eighth Mr. Speaker: Order of Business. I return herewith enrolled H 4 which has been signed by the President. NOVAK, Secretary Introduction, First Reading, and Reference of Bills and Joint Resolutions Enrolled H 4 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. House of Representatives State of Idaho February 8, 2013 Mr. Speaker: February 11, 2013 I transmit herewith S 1024, S 1032, S 1010, S 1043, and The Honorable Joe Palmer, Chairman S 1044 which have passed the Senate. Transportation and Defense Committee NOVAK, Secretary S 1024, S 1032, S 1010, S 1043, and S 1044 were filed for Dear Representative Palmer: first reading. Pursuant to House Rule 24, I am designating the February 8, 2013 Transportation and Defense Committee a privileged committee Mr. Speaker: on Tuesday, February 12, 2013, for the purpose of hearing I return herewith H 5 and H 16 which have passed the Senate. additional proposed legislation. NOVAK, Secretary Sincerely, H 5 and H 16 were referred to the Judiciary, Rules, and /s/ Scott Bedke Administration Committee for enrolling. Speaker of the House 80 HOUSE JOURNAL February 11, 2013]

House of Representatives THAT ANY CHANGES TO A COMPREHENSIVE PLAN, State of Idaho RESOLUTION OR ORDINANCE PROPOSED TO BE ENFORCED COUNTYWIDE SHALL FIRST, PRIOR TO February 11, 2013 ENFORCEMENT, BE SUBMITTED FOR APPROVAL TO THE VOTERS UPON WHOM SUCH REGULATIONS ARE The Honorable Fred Wood, Chairman INTENDED TO BE IMPOSED; AMENDING SECTION Health and Welfare Committee 67-6508, IDAHO CODE, TO PROVIDE THAT CITIES AND COUNTIES THAT ELECT TO EXERCISE THE POWERS Dear Representative Wood: CONFERRED BY THE LAND USE PLANNING ACT SHALL ESTABLISH A PROPERTY RIGHTS COUNCIL, TO Pursuant to House Rule 24, I am designating the Health and PROVIDE FOR MEMBERSHIP OF SUCH COUNCIL AND Welfare Committee as a privileged committee for the remainder TO PROVIDE FOR DUTIES OF SUCH COUNCIL; AND of the 2013 legislative session. DECLARING AN EMERGENCY. Sincerely, /s/ Scott Bedke HOUSE BILL NO. 137 Speaker of the House BY LOCAL GOVERNMENT COMMITTEE AN ACT HOUSE BILL NO. 133 RELATING TO URBAN RENEWAL LAW; AMENDING BY LOCAL GOVERNMENT COMMITTEE SECTION 50-2007, IDAHO CODE, TO REMOVE AN ACT LANGUAGE RELATING TO CERTAIN URBAN RENEWAL RELATING TO COUNTY RECORDER FEES; AGENCY POWERS AND TO MAKE TECHNICAL AMENDING SECTION 31-3205, IDAHO CODE, TO CORRECTIONS. REVISE FEES THAT MAY BE CHARGED BY A COUNTY RECORDER TO A PARTY PROCURING HIS SERVICES HOUSE BILL NO. 138 AND TO MAKE TECHNICAL CORRECTIONS. BY LOCAL GOVERNMENT COMMITTEE AN ACT HOUSE BILL NO. 134 RELATING TO PLATS AND VACATIONS; AMENDING BY LOCAL GOVERNMENT COMMITTEE SECTION 50-1310, IDAHO CODE, TO ESTABLISH AN ACT ADDITIONAL PROVISIONS RELATING TO ACCEPTABLE RELATING TO PUBLIC FUNDS; AMENDING CHAPTER METHODS OF COPYING A PLAT AND TO MAKE 1, TITLE 57, IDAHO CODE, BY THE ADDITION OF A TECHNICAL CORRECTIONS; AND DECLARING AN NEW SECTION 57-127B, IDAHO CODE, TO AUTHORIZE EMERGENCY. TREASURERS FOR PUBLIC HOSPITAL DISTRICTS AND TREASURERS FOR COUNTY HOSPITALS TO INVEST HOUSE BILL NO. 139 FUNDS GENERATED FROM OPERATIONAL REVENUES BY REVENUE AND TAXATION COMMITTEE IN CERTAIN INVESTMENTS AND TO PROVIDE THAT AN ACT SUCH AUTHORIZATION SHALL NOT BE CONSTRUED RELATING TO INCOME TAXATION; AMENDING TO ENLARGE OR EXPAND POWERS OF TREASURERS SECTION 63-3026A, IDAHO CODE, TO PROVIDE FOR A FOR PUBLIC HOSPITAL DISTRICTS OR COUNTY SOURCING FORMULA TO IDAHO FOR PARTNERSHIP HOSPITALS TO INVEST FUNDS GENERATED THROUGH INCOME WITH EXCEPTIONS; DECLARING AN AD VALOREM TAXES, ASSESSMENTS OR LEVIES EMERGENCY AND PROVIDING RETROACTIVE OUTSIDE THE SCOPE OF INVESTMENTS ENUMERATED APPLICATION. IN SPECIFIED LAW. HOUSE BILL NO. 140 HOUSE BILL NO. 135 BY REVENUE AND TAXATION COMMITTEE BY LOCAL GOVERNMENT COMMITTEE AN ACT AN ACT RELATING TO PROPERTY TAXATION; AMENDING RELATING TO REVENUE ALLOCATION AREAS; SECTION 63-602A, IDAHO CODE, TO PROVIDE THAT AMENDING SECTION 50-2904, IDAHO CODE, TO PROPERTY ON A RESERVATION BELONGING TO PROVIDE AN ELECTION FOR THE CREATION OF A FEDERALLY RECOGNIZED INDIAN TRIBE IS REVENUE ALLOCATION AREAS; AND DECLARING AN EXEMPT FROM PROPERTY TAXATION, TO REVISE EMERGENCY. TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION. HOUSE BILL NO. 136 BY LOCAL GOVERNMENT COMMITTEE AN ACT HOUSE BILL NO. 141 RELATING TO LOCAL LAND USE PLANNING; BY REVENUE AND TAXATION COMMITTEE AMENDING SECTION 67-6503, IDAHO CODE, TO AN ACT PROVIDE THAT EXERCISING POWERS UNDER THE RELATING TO EXEMPTIONS FROM PROPERTY LOCAL LAND USE PLANNING ACT SHALL BE TAXATION; AMENDING CHAPTER 6, TITLE 63, IDAHO DISCRETIONARY, TO PROVIDE THAT MANDATORY CODE, BY THE ADDITION OF A NEW SECTION PROVISIONS OF SPECIFIED LAW SHALL ONLY APPLY 63-602OO, IDAHO CODE, TO PROVIDE THAT WELLS TO CITIES AND COUNTIES THAT ELECT TO EXERCISE DRILLED FOR THE PRODUCTION OF OIL, GAS OR THE POWERS CONFERRED BY THE LAND USE HYDROCARBON CONDENSATE ARE EXEMPT FROM PLANNING ACT AS EVIDENCED BY THE PASSAGE OF PROPERTY TAXATION; DECLARING AN EMERGENCY A RESOLUTION OR ORDINANCE AND TO PROVIDE AND PROVIDING RETROACTIVE APPLICATION. [February 11, 2013 HOUSE JOURNAL 81

H 133, H 134, H 135, H 136, H 137, H 138, H 139, H 140, H 29 - JUDICIAL DISTRICTS and H 141 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee H 29 was read the third time at length, section by section, for printing. and placed before the House for final consideration. S 1024, by Agricultural Affairs Committee, was introduced, At this time, the Speaker recognized Mr. Bolz and read the first time by title, and referred to the Agricultural Affairs Mrs. Trujillo to open debate. Committee. The question being, "Shall H 29 pass?" S 1032, by Judiciary and Rules Committee, was introduced, read the first time by title, and referred to the Judiciary, Rules, Roll call resulted as follows: and Administration Committee. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, S 1010, by Health and Welfare Committee, was introduced, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, read the first time by title, and referred to the Health and Welfare Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Committee. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, S 1043 and S 1044, by Transportation Committee, were Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, introduced, read the first time by title, and referred to the Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Transportation and Defense Committee. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), There being no objection, the House advanced to the Tenth Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Order of Business. NAYS – None. Second Reading of Bills and Joint Resolutions Whereupon the Speaker declared that H 29 passed the House. Mr. Hartgen asked unanimous consent that H 91 be returned Title was approved and the bill ordered transmitted to the Senate. to the Commerce and Human Resources Committee. There being no objection, it was so ordered. H 76 - TRUST DEEDS H 115, by Appropriations Committee, was read the second H 76 was read the third time at length, section by section, time by title and filed for third reading. and placed before the House for final consideration. H 55 and H 54, by State Affairs Committee, were read the At this time, the Speaker recognized Mr. Anderst to open second time by title and filed for third reading. debate. H 74, by Business Committee, was read the second time by The question being, "Shall H 76 pass?" title and filed for third reading. Roll call resulted as follows: H 48 and H 49, by Resources and Conservation Committee, AYES – Agidius, Anderson(01), Anderson(31), Anderst, were read the second time by title and filed for third reading. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Third Reading of Bills and Joint Resolutions Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, H 10 - RESIDENTIAL MORTGAGE PRACTICES ACT Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 10 was read the third time at length, section by section, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, and placed before the House for final consideration. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, At this time, the Speaker recognized Mr. Hixon to open VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), debate. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. The question being, "Shall H 10 pass?" Whereupon the Speaker declared that H 76 passed the House. Roll call resulted as follows: Title was approved and the bill ordered transmitted to the Senate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, H 72 - INCOME TAX CREDITS Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, H 72 was read the third time at length, section by section, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, and placed before the House for final consideration. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, Meline, Mendive, Miller, Morse, Packer, Patterson, At this time, the Speaker recognized Mr. Dayley to open Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, debate. Smith, Stevenson, Thompson, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 56. The question being, "Shall H 72 pass?" NAYS – Barbieri, Barrett, Boyle, Harris, Luker, McMillan, Monks, Moyle, Nielsen, Palmer, Sims, Trujillo, Vander Woude, Roll call resulted as follows: Wood(35). Total – 14. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Whereupon the Speaker declared that H 10 passed the House. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Title was approved and the bill ordered transmitted to the Senate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, 82 HOUSE JOURNAL February 11, 2013]

Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, There being no objection, the House advanced to the Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Sixteenth Order of Business. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Adjournment VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Mr. Moyle moved that the House adjourn until 10:30 a.m., NAYS – None. Tuesday, February 12, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared that H 72 passed the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared the House adjourned at 12 noon. H 17 - PHARMACY SCOTT BEDKE, Speaker H 17 was read the third time at length, section by section, ATTEST: and placed before the House for final consideration. BONNIE ALEXANDER, Chief Clerk At this time, the Speaker recognized Ms. Chew to open debate. The question being, "Shall H 17 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Whereupon the Speaker declared that H 17 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 43 - COMMERCE DEPARTMENT - ECONOMIC ADVISORY COUNCIL H 43 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. VanOrden to open debate. The question being, "Shall H 43 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Whereupon the Speaker declared that H 43 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. [February 12, 2013 HOUSE JOURNAL 83

HOUSE JOURNAL Consideration of Messages from the Governor and the Senate OF THE February 11, 2013 Mr. Speaker: IDAHO LEGISLATURE I transmit herewith enrolled SCR 101 for the signature of the Speaker. FIRST REGULAR SESSION NOVAK, Secretary SIXTY-SECOND LEGISLATURE The Speaker announced he was about to sign enrolled SCR 101 and, when so signed, ordered it returned to the Senate. Report of Standing Committees THIRTY-SEVENTH LEGISLATIVE DAY February 12, 2013 TUESDAY, FEBRUARY 12, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 133, H 134, House of Representatives H 135, H 136, H 137, H 138, H 139, H 140, and H 141. The House convened at 10:30 a.m., the Speaker in the Chair. WILLS, Chairman Roll call showed all 70 members present. H 133, H 134, H 135, H 136, H 137, and H 138 were referred to the Local Government Committee. Prayer was offered by Chaplain Tom Dougherty. H 139, H 140, and H 141 were referred to the Revenue and The Pledge of Allegiance was led by Alba Cano, Page. Taxation Committee. Approval of Journal February 12, 2013 Mr. Speaker: February 12, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have enrolled H 5 and H 16. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Thirty-sixth Legislative Day and The Speaker announced he was about to sign enrolled recommend that same be adopted as corrected. H 5 and H 16 and, when so signed, ordered them transmitted to WILLS, Chairman the Senate for the signature of the President. Mr. Wills moved that the report be adopted. Seconded by February 12, 2013 Mr. Burgoyne. Report adopted. Mr. Speaker: At this time, the Speaker put the House at ease. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted LINCOLN DAY PROGRAM enrolled H 4 to the Governor at 11:05 a.m., as of this date, February 11, 2013. Lincoln Day Program WILLS, Chairman Introductions by Rep. Stephen Hartgen February 11, 2013 Mr. Speaker: ***** We, your COMMITTEE ON HEALTH AND WELFARE, "Lincoln" Trailer report that we have had under consideration H 89 and recommend A Steven Spielberg Film that it do pass. Showing on the House Floor WOOD(27), Chairman Introduced by Rep. Janie Ward-Engelking H 89 was filed for second reading. ***** February 11, 2013 "The 13th Amendment and Constitutional Liberty" Mr. Speaker: Professor Scott Yenor, Chairman We, your COMMITTEE ON BUSINESS, report that we have Department of Political Science had under consideration H 100 and recommend that it do pass. Boise State University HENDERSON, Chairman ***** H 100 was filed for second reading. Musical Presentation by February 12, 2013 Rep. Kelley Packer and Harry Sherman Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, "An American Trilogy" report that we have had under consideration H 86 and recommend a medley of that it do pass. "Dixie", "All My Trials" & "The Battle Hymn of the Republic" COLLINS, Chairman ***** H 86 was filed for second reading. 84 HOUSE JOURNAL February 12, 2013]

There being no objection, the House advanced to the Seventh local governments, local law enforcement and prosecutors, and Order of Business. professional associations throughout Idaho to use the Board of Pharmacy's Prescription Monitoring Program and best practices in order to increase awareness and prevent and treat prescription Motions, Memorials, and Resolutions drug abuse for the people of Idaho. BE IT FURTHER RESOLVED that the Office of Drug Policy should coordinate the development of a state response to HOUSE CONCURRENT RESOLUTION NO. 6 the problem of prescription drug abuse. BY HEALTH AND WELFARE COMMITTEE

A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND HOUSE JOINT MEMORIAL NO. 1 CALLING FOR THE IDAHO BOARDS OF MEDICINE, BY RESOURCES AND CONSERVATION COMMITTEE NURSING, DENTISTRY AND PHARMACY, WORKING WITH THE OFFICE OF DRUG POLICY, THE IDAHO A JOINT MEMORIAL DEPARTMENT OF HEALTH AND WELFARE, LOCAL TO THE SENATE AND HOUSE OF REPRESENTATIVES GOVERNMENTS, LOCAL LAW ENFORCEMENT AND OF THE UNITED STATES IN CONGRESS ASSEMBLED, TO PROSECUTORS, AND PROFESSIONAL ASSOCIATIONS THE CONGRESSIONAL DELEGATION REPRESENTING THROUGHOUT IDAHO TO USE THE BOARD OF THE STATE OF IDAHO IN THE CONGRESS OF THE PHARMACY'S PRESCRIPTION MONITORING PROGRAM UNITED STATES, TO THE SECRETARY OF THE UNITED AND BEST PRACTICES IN ORDER TO INCREASE STATES DEPARTMENT OF AGRICULTURE AND TO THE AWARENESS AND PREVENT AND TREAT PRESCRIPTION CHIEF OF THE UNITED STATES FOREST SERVICE. DRUG ABUSE FOR THE PEOPLE OF IDAHO AND We, your Memorialists, the House of Representatives and CALLING FOR THE OFFICE OF DRUG POLICY TO the Senate of the State of Idaho assembled in the First Regular COORDINATE THE DEVELOPMENT OF A STATE Session of the Sixty-second Idaho Legislature, do hereby RESPONSE TO THE PROBLEM OF PRESCRIPTION DRUG respectfully represent that: ABUSE. WHEREAS, the State of Idaho and the vast Frank Church-River of No Return Wilderness and contiguous national Be It Resolved by the Legislature of the State of Idaho: forests have suffered numerous and frequent large destructive WHEREAS, prescription drug abuse has recently been forest and range fires, most recently in 2012; and classified as an epidemic by the Centers for Disease Control and WHEREAS, the fires have not only incrementally expanded Prevention (CDC); and the total burned acreage but have also reburned huge areas one WHEREAS, many individuals who misuse prescription or more times; and drugs intended to alleviate disease and eliminate pain believe WHEREAS, the cumulative effect of numerous large fires these substances are safer than illicit drugs because they are has resulted in tremendous damage and destruction to the prescribed by a health care professional and dispensed by a watersheds, streams important to the recovery of anadromous pharmacist; and fish, wildlife habitat, scenic values, recreational use, loss of WHEREAS, the misuse of prescription drugs can lead to native plant species, historic structures, public access and safety, addiction and even death; and air quality and public health, the trail network and other values WHEREAS, according to the CDC, such overdoses and benefits for which the national forests and wilderness were outnumber deaths involving crack or heroin combined; and established; and WHEREAS, in 2010, approximately 12 million Americans WHEREAS, the cumulative and growing loss of wilderness reported nonmedical use of prescription painkillers in the past values and attributes is also resulting in serious economic impact year; and to surrounding communities, counties, the State of Idaho and WHEREAS, more than 13,000 babies a year are born in the businesses dependent upon the natural resources inherent in America addicted to prescription painkillers like OxyContin, wilderness and the national forests; and hydrocodone and other narcotic drugs, according to a recent study WHEREAS, hundreds of miles of trails have been severely released by the Journal of the American Medical Association; damaged, blocked, rendered unsafe for travel or simply wiped out and by fire, and the continuing destructive aftermath of blowdown, WHEREAS, the number of emergency room visits due to washouts and landslides have not been opened, cleared, repaired misuse or abuse of prescription drugs has risen 98.4% since 2004; or replaced. The backlog of critical restoration work is rapidly and growing each year and far exceeds the work performed annually; WHEREAS, according to the Idaho Office of Drug Policy, in and 2011, 20.1% of Idaho's 9th through 12th grade students reported WHEREAS, the cumulative impact of fires has resulted in taking a prescription drug without a doctor's prescription; and the loss of soil and native vegetation and the replacement of WHEREAS, the number of prescription pills seized by Idaho native species with noxious and undesirable plants that will also law enforcement increased 143% between 2008 and 2009; and prevent or retard reestablishment of desirable native plants; and WHEREAS, in Idaho, from 2000 to 2009, the number of WHEREAS, the United States Forest Service has prescription drug-induced deaths increased two and one-half underestimated the huge cost of trail and resource restoration times. when making decisions on active fire strategies in the NOW, THEREFORE, BE IT RESOLVED by the members of wilderness due to a decision bias toward minimizing suppression the First Regular Session of the Sixty-second Idaho Legislature, expenditures for wilderness fires at the expense of long-term the House of Representatives and the Senate concurring therein, restoration; and that the Idaho Legislature calls for the Idaho Boards of Medicine, WHEREAS, the United States Forest Service has not placed Nursing, Dentistry and Pharmacy, working with the Office of the necessary emphasis and priority on restoration of proper Drug Policy, the Idaho Department of Health and Welfare, watershed and vegetative conditions within the wilderness, and [February 12, 2013 HOUSE JOURNAL 85 has also not considered the negative effect of vegetative type HCR 6 and HJM 1 were introduced, read the first time by conversion resulting from intense and/or repetitive burns; and title, and referred to the Judiciary, Rules, and Administration WHEREAS, the United States Forest Service has not placed Committee for printing. emphasis and priority on training for forest supervisors, rangers and staff on the importance of safe and effective saddle and pack stock use and management, and the field conditions necessary for Introduction, First Reading, and Reference reasonable and safe public and employee access to and within the of Bills and Joint Resolutions wilderness; and WHEREAS, the United States Forest Service has not HOUSE BILL NO. 142 placed emphasis and priority on eliminating barriers to effective BY HEALTH AND WELFARE COMMITTEE and streamlined contracting procedures and effective use of volunteers in order to respond to the crisis in the wilderness and maximize fieldwork accomplishment; and AN ACT WHEREAS, the Secretary of Agriculture and the Chief of RELATING TO DENTISTS; AMENDING SECTION the United States Forest Service have not placed the necessary 54-924, IDAHO CODE, TO REVISE PROVISIONS RELATING emphasis and priority of the requirement of Section 5(b) of the TO A DENTIST WHO PRACTICES OR REPRESENTS Central Idaho Wilderness Act to clear obstructions from all trails HIMSELF AS PRACTICING DENTISTRY UNDER ANY within and adjacent to the wilderness on at least an annual basis; NAME OTHER THAN HIS OWN TRUE NAME OR UNDER and A BUSINESS NAME AND TO PROVIDE THAT ENGAGING WHEREAS, the Chief of the United States Forest Service IN THE PRACTICE OF DENTISTRY AS PART OF A has not programmed on a continuing basis even normal repair, BUSINESS IN WHICH A PERSON NOT DULY LICENSED replacement and maintenance of the trail system and trail HOLDS AN OWNERSHIP INTEREST MAY BE SUBJECT structures such as bridges, trail tread, drainage, associated TO DISCIPLINE. signing and other essential actions to enable safe public use, full and unimpeded public access by foot and horseback and the public services that are vital to public use and enjoyment of the HOUSE BILL NO. 143 wilderness, in order to prevent cumulative deterioration of the BY RESOURCES AND CONSERVATION COMMITTEE system under even non-fire conditions; and WHEREAS, the Chief of the United States Forest Service has not placed emphasis on efficient and economical methods of AN ACT trail restoration and maintenance, and has in fact aggressively RELATING TO INVASIVE SPECIES; AMENDING limited methods and tools by Forest Service crews, contractors CHAPTER 3, TITLE 36, IDAHO CODE, BY THE ADDITION and volunteers that would greatly increase accomplishment OF A NEW SECTION 36-311, IDAHO CODE, TO PROVIDE and lower costs without adverse effect on wilderness values or THAT CERTAIN VESSELS SHALL PAY SPECIFIED visitors; and FEES, TO PROVIDE FOR PROTECTION AGAINST WHEREAS, use of outfitter and guide permittees, INVASIVE SPECIES PERMITS AND STICKERS, TO contractors and volunteers from various organizations to PROVIDE FOR EFFECTIVE DATES OF PERMITS accomplish trail work is well below potential due to a lack of AND STICKERS, TO PROVIDE THAT FAILURE TO emphasis by the United States Forest Service on using innovative DISPLAY STICKERS IN DESIGNATED MANNERS ways to offset permittee fees and streamline and simplify SHALL BE UNLAWFUL, TO PROVIDE AN EXEMPTION contracting procedures. RELATING TO DISPLAY REQUIREMENTS, TO PROVIDE NOW, THEREFORE, BE IT RESOLVED by the members of A PROCEDURE FOR SUCH EXEMPTION, TO SPECIFY the First Regular Session of the Sixty-second Idaho Legislature, FEE PROVISIONS, TO DEFINE A TERM, TO PROVIDE FOR the House of Representatives and the Senate concurring therein, APPLICABILITY, TO PROVIDE A PROCEDURE RELATING that we urge the Secretary of the United States Department of TO PERMITS AND STICKERS USED IN THE TESTING Agriculture to declare the Frank Church-River of No Return AND DEMONSTRATION OF VESSELS, TO PROVIDE Wilderness and adjacent national forest lands to be a Natural FOR VIOLATIONS AND PENALTIES AND TO PROVIDE Resources Disaster Area. FOR ENFORCEMENT; REPEALING SECTION 67-7008A, BE IT FURTHER RESOLVED that we urge the Secretary IDAHO CODE, RELATING TO THE COLLECTION AND of Agriculture and the Chief of the United States Forest Service DEPOSIT OF FEES FOR INVASIVE SPECIES STICKERS; to recognize the dire conditions prevailing within and adjacent to AND PROVIDING AN EFFECTIVE DATE. the Frank Church-River of No Return Wilderness and adjacent national forests, and further urge that the necessary priorities and emphasis be placed on prompt and practical actions to prevent HOUSE BILL NO. 144 further cumulative loss of the unique values of the wilderness. BY RESOURCES AND CONSERVATION COMMITTEE BE IT FURTHER RESOLVED that we urge compliance with the specific requirements of the Central Idaho Wilderness Act mandating annual clearing of obstructions from the trail system. AN ACT BE IT FURTHER RESOLVED that the Chief Clerk of the RELATING TO IRRIGATION AND DRAINAGE; House of Representatives be, and she is hereby authorized and AMENDING SECTION 42-202B, IDAHO CODE, TO DEFINE directed to forward a copy of this Memorial to the President of A TERM; AND AMENDING SECTION 42-238, IDAHO the Senate and the Speaker of the House of Representatives of CODE, TO PROVIDE ADDITIONAL REQUIREMENTS Congress, the congressional delegation representing the State of RELATING TO WELL CONSTRUCTION STANDARDS, TO Idaho in the Congress of the United States, the Secretary of the PROVIDE CERTAIN NOTICE REQUIREMENTS AND TO United States Department of Agriculture and the Chief of the MAKE TECHNICAL CORRECTIONS. United States Forest Service. 86 HOUSE JOURNAL February 12, 2013]

HOUSE BILL NO. 145 CODE, TO REVISE TERMINOLOGY AND TO MAKE BY RESOURCES AND CONSERVATION COMMITTEE TECHNICAL CORRECTIONS; AMENDING SECTION AN ACT 19-864, IDAHO CODE, TO REVISE TERMINOLOGY, RELATING TO FISH AND GAME; AMENDING TO REVISE PROVISIONS RELATING TO CERTAIN SECTION 36-104, IDAHO CODE, TO PROVIDE THAT RECORDS AND A REPORT AND TO MAKE TECHNICAL THE FISH AND GAME COMMISSION SHALL BY CORRECTIONS; AND AMENDING SECTION 19-865, RULE ESTABLISH PROCEDURES RELATING TO THE IDAHO CODE, TO REVISE TERMINOLOGY AND TO APPLICATION FOR THE PURCHASE OF CONTROLLED MAKE TECHNICAL CORRECTIONS. HUNT BONUS OR PREFERENCE POINTS BY SPORTSMEN AND TO PROVIDE THAT THE FEE SHALL BE SET FORTH HOUSE BILL NO. 148 IN SPECIFIED LAW. BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE HOUSE BILL NO. 146 AN ACT BY RESOURCES AND CONSERVATION COMMITTEE RELATING TO THE CHILD PROTECTIVE ACT; AN ACT AMENDING SECTION 16-1614, IDAHO CODE, TO REVISE RELATING TO FISH AND GAME; AMENDING PROVISIONS RELATING TO THE APPOINTMENT OF A SECTION 36-111, IDAHO CODE, TO PROVIDE FOR THE GUARDIAN AD LITEM AND TO REVISE PROVISIONS DECLARATION OF A FEEDING EMERGENCY UNDER RELATING TO THE APPOINTMENT OF COUNSEL FOR A CERTAIN CIRCUMSTANCES INVOLVING THE LOSS OF GUARDIAN AD LITEM AND FOR A CHILD. FEED FOR LIVESTOCK DUE TO DEPREDATION, TO PROVIDE A PROCEDURE FOR VERIFICATION AND HOUSE BILL NO. 149 DETERMINATION OF DEPREDATION AND TO PROVIDE BY JUDICIARY, RULES, AND ADMINISTRATION FOR THE ESTABLISHMENT AND MAINTENANCE OF A COMMITTEE WINTER FEEDING AREA REMOVED FROM THE SITE OF AN ACT DEPREDATION; AND DECLARING AN EMERGENCY. RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-511, IDAHO CODE, TO PROVIDE HOUSE BILL NO. 147 THAT CERTAIN STATEMENTS ARE INADMISSIBLE AT BY JUDICIARY, RULES, AND ADMINISTRATION CERTAIN PROCEEDINGS AND TO MAKE A TECHNICAL COMMITTEE CORRECTION; AND AMENDING SECTION 20-514, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING AN ACT TO REPRESENTATION BY COUNSEL OF CERTAIN RELATING TO EXAMINATION OF CASE AND JUVENILES, TO PROVIDE REQUIREMENTS RELATING DISCHARGE OR COMMITMENT OF ACCUSED; TO A WAIVER OF THE RIGHT TO COUNSEL BY CERTAIN AMENDING SECTION 19-851, IDAHO CODE, TO DEFINE JUVENILES AND TO REVISE PROVISIONS RELATING TO A TERM, TO REVISE DEFINITIONS AND TO MAKE REIMBURSEMENT OF CERTAIN COSTS. TECHNICAL CORRECTIONS; AMENDING SECTION 19-852, IDAHO CODE, TO REVISE TERMINOLOGY, HOUSE BILL NO. 150 TO REVISE CODE REFERENCES AND TO MAKE BY JUDICIARY, RULES, AND ADMINISTRATION TECHNICAL CORRECTIONS; AMENDING SECTION COMMITTEE 19-853, IDAHO CODE, TO REVISE TERMINOLOGY, AN ACT TO REVISE CODE REFERENCES AND TO MAKE RELATING TO COUNTY FINANCES AND CLAIMS TECHNICAL CORRECTIONS; AMENDING SECTION AGAINST COUNTY; AMENDING SECTION 31-1506, 19-854, IDAHO CODE, TO ESTABLISH PROVISIONS IDAHO CODE, TO REVISE PROVISIONS RELATING TO RELATING TO A DETERMINATION OF INDIGENCY, JUDICIAL REVIEW OF BOARD DECISIONS. TO REVISE TERMINOLOGY, TO PROHIBIT THE USE OF CERTAIN INFORMATION FOR CERTAIN HOUSE BILL NO. 151 PURPOSES WITH EXCEPTIONS, TO REVISE PROVISIONS BY JUDICIARY, RULES, AND ADMINISTRATION RELATING TO REIMBURSEMENT FOR CERTAIN COMMITTEE COSTS AND TO MAKE TECHNICAL CORRECTIONS; AN ACT AMENDING SECTION 19-855, IDAHO CODE, TO REVISE RELATING TO MOTOR VEHICLES; AMENDING TERMINOLOGY; REPEALING SECTION 19-856, IDAHO SECTION 49-202, IDAHO CODE, TO ESTABLISH A CODE, RELATING TO THE APPOINTMENT OF A CERTAIN FEE, TO REQUIRE THAT SUCH FEE BE SUBSTITUTE ATTORNEY; AMENDING SECTION 19-857, DEPOSITED INTO A CERTAIN FUND AND TO MAKE IDAHO CODE, TO REMOVE A REQUIREMENT THAT TECHNICAL CORRECTIONS; AND AMENDING SECTION A CERTAIN WAIVER BE IN WRITING OR OTHER 19-5202, IDAHO CODE, TO REQUIRE THAT CERTAIN FEES RECORD AND TO MAKE A TECHNICAL CORRECTION; BE PAID INTO THE PUBLIC SAFETY AND SECURITY AMENDING SECTION 19-858, IDAHO CODE, TO REVISE INFORMATION FUND AND TO ESTABLISH PROVISIONS PROVISIONS RELATING TO REIMBURSEMENT TO A RELATING TO EXCESS MONEYS IN SUCH FUND. COUNTY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-859, IDAHO CODE, TO REVISE HOUSE BILL NO. 152 PROVISIONS RELATING TO A CERTAIN DUTY OF BY JUDICIARY, RULES, AND ADMINISTRATION THE BOARD OF COUNTY COMMISSIONERS OF EACH COMMITTEE COUNTY AND TO MAKE TECHNICAL CORRECTIONS; AN ACT AMENDING SECTION 19-860, IDAHO CODE, TO RELATING TO JUDGMENT; AMENDING SECTION REVISE TERMINOLOGY AND TO MAKE TECHNICAL 18-1508, IDAHO CODE, TO REVISE PROVISIONS CORRECTIONS; AMENDING SECTION 19-863, IDAHO RELATING TO A CERTAIN TERM OF CONFINEMENT AND [February 12, 2013 HOUSE JOURNAL 87

TO MAKE A TECHNICAL CORRECTION; AMENDING HOUSE BILL NO. 158 SECTION 19-2520G, IDAHO CODE, TO REVISE AND BY REVENUE AND TAXATION COMMITTEE ESTABLISH ADDITIONAL PROVISIONS RELATING AN ACT TO MANDATORY MINIMUM SENTENCING; AND RELATING TO FIRE PROTECTION DISTRICTS AND AMENDING SECTION 20-219, IDAHO CODE, TO LEVIES; AMENDING SECTION 31-1423, IDAHO CODE, TO ESTABLISH ADDITIONAL PROVISIONS RELATING TO REVISE PROVISIONS RELATING TO A CONSOLIDATED PAROLE SUPERVISION. DISTRICT'S BUDGET REQUEST.

HOUSE BILL NO. 153 HOUSE BILL NO. 159 BY JUDICIARY, RULES, AND ADMINISTRATION BY STATE AFFAIRS COMMITTEE COMMITTEE AN ACT AN ACT RELATING TO THE RETAIL SALE OF LIQUOR BY RELATING TO JURY SELECTION AND SERVICE; THE DRINK; AMENDING SECTION 23-903, IDAHO CODE, AMENDING SECTION 2-215, IDAHO CODE, TO REVISE TO ESTABLISH ADDITIONAL PROVISIONS RELATING PROVISIONS RELATING TO MILEAGE AND PER DIEM TO A LICENSE TO RETAIL LIQUOR AND TO MAKE OF JURORS. TECHNICAL CORRECTIONS.

HOUSE BILL NO. 160 HOUSE BILL NO. 154 BY STATE AFFAIRS COMMITTEE BY JUDICIARY, RULES, AND ADMINISTRATION AN ACT COMMITTEE RELATING TO REGULATORY TAKINGS OF PRIVATE AN ACT PROPERTY; AMENDING SECTION 67-8001, IDAHO RELATING TO JUDGMENT; AMENDING CHAPTER 25, CODE, TO REVISE THE DECLARATION OF PURPOSE; TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW AMENDING SECTION 67-8002, IDAHO CODE, TO REVISE SECTION 19-2520H, IDAHO CODE, TO PROVIDE FOR THE A DEFINITION; AND AMENDING SECTION 67-8003, EXTENSION OF A SENTENCE FOR CERTAIN VIOLATIONS IDAHO CODE, TO REVISE PROVISIONS RELATING TO AGAINST OLDER PERSONS. THE PROTECTION OF PRIVATE PROPERTY IN LIGHT OF CERTAIN REGULATORY OR ADMINISTRATIVE ACTIONS, TO REVISE PROVISIONS RELATING TO HOUSE BILL NO. 155 A REGULATORY TAKING ANALYSIS, TO REVISE BY JUDICIARY, RULES, AND ADMINISTRATION PROVISIONS RELATING TO THE DELIVERY OF AN COMMITTEE ANALYSIS, TO ESTABLISH PROVISIONS RELATING TO AN ACT DETERMINING WHETHER A REGULATORY TAKING HAS RELATING TO MOTOR VEHICLE DRIVER'S OCCURRED, TO ESTABLISH PROVISIONS RELATING TO LICENSES; AMENDING SECTION 49-307, IDAHO CODE, RESCINDING A REGULATORY OR ADMINISTRATIVE TO PROHIBIT CELL PHONE AND OTHER WIRELESS ACTION, TO PROVIDE FOR BIFURCATED ACTION, TO DEVICE USE BY CERTAIN PERMITTEES AND TO MAKE PROVIDE FOR A TRIAL, TO PROVIDE FOR DAMAGES, A TECHNICAL CORRECTION. TO PROVIDE FOR PROSPECTIVE APPLICATION OF LAW, TO ESTABLISH PROVISIONS RELATING TO THE APPLICATION OF LAW, TO PROVIDE THAT CERTAIN HOUSE BILL NO. 156 PROVISIONS OF LAW SHALL NOT APPLY TO CERTAIN BY COMMERCE AND HUMAN RESOURCES ACTIONS AND TO PROVIDE THAT A COURT MAY USE COMMITTEE CERTAIN ELEMENTS OF EMINENT DOMAIN LAW FOR AN ACT THE MEASUREMENT OF DAMAGES. RELATING TO THE PERSONNEL SYSTEM; AMENDING SECTION 67-5342, IDAHO CODE, TO REVISE HOUSE BILL NO. 161 AND ESTABLISH ADDITIONAL PROVISIONS RELATING BY STATE AFFAIRS COMMITTEE TO SEVERANCE PAY AND SETTLEMENT PAYMENTS AN ACT FOR STATE EMPLOYEES. RELATING TO ELECTION CONSOLIDATION; AMENDING SECTION 33-2709, IDAHO CODE, TO REVISE ELECTION PROCEDURES FOR LIBRARY DISTRICTS HOUSE BILL NO. 157 IN CERTAIN INSTANCES AND TO MAKE TECHNICAL BY REVENUE AND TAXATION COMMITTEE CORRECTIONS; AMENDING SECTION 33-2717A, AN ACT IDAHO CODE, TO REVISE TIME REQUIREMENTS RELATING TO SALES AND USE TAX; AMENDING FOR DECLARATION OF INTENT FOR WRITE-IN SECTION 63-3622O, IDAHO CODE, TO PROVIDE FROM CANDIDATES; AMENDING SECTION 34-106, IDAHO JULY 1, 2013, TO JUNE 30, 2015, DONATIONS TO, CODE, TO REVISE TIMING REQUIREMENTS FOR SALES TO AND PURCHASES BY HOMELESS SHELTERS INITIATIVE, REFERENDUM, BOND, LEVY AND ANY THAT ARE PRIVATE NONPROFIT ORGANIZATIONS OTHER BALLOT QUESTION ELECTIONS AND TO MAKE THAT ARE TAX EXEMPT PURSUANT TO SECTION A TECHNICAL CORRECTION; AMENDING SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE AND THAT 34-1002, IDAHO CODE, TO REVISE A CATCHLINE, TO PROVIDE TEMPORARY SHELTER OR FOOD TO THE REVISE PROVISIONS RELATING TO AN APPLICATION ECONOMICALLY DISADVANTAGED ARE EXEMPTED FOR AN ABSENTEE ELECTOR'S BALLOT FOR CERTAIN FROM THE SALES AND USE TAX AND TO MAKE ELECTORS AND TO MAKE A TECHNICAL CORRECTION; TECHNICAL CORRECTIONS. AMENDING SECTION 34-1703, IDAHO CODE, TO 88 HOUSE JOURNAL February 12, 2013]

REVISE PETITION REQUIREMENTS FOR RECALL AND Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Romrell, CITY INITIATIVE ELECTIONS; AMENDING SECTION Shepherd, Sims, Stevenson, Thompson, Trujillo, VanOrden, 34-1704, IDAHO CODE, TO REVISE REQUIREMENTS FOR Vander Woude, Wills, Wood(27), Wood(35), Youngblood, PRINTING OF PETITION AND SHEETS FOR SIGNATURES Mr. Speaker. Total – 58. AND TIME LIMITS FOR PERFECTING A PETITION; NAYS – Burgoyne, Chew, Erpelding, Gannon, King, Kloc, AMENDING SECTION 34-1706, IDAHO CODE, TO Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. REVISE REQUIREMENTS FOR EXAMINATION AND Total – 12. CERTIFICATION OF SIGNATURES; AMENDING SECTION Total – 70. 34-1707, IDAHO CODE, TO REVISE REQUIREMENTS FOR SUFFICIENCY OF PETITION, NOTIFICATION AND Whereupon the Speaker declared that H 62 passed the House. EFFECT OF RESIGNATION FOR A SPECIAL ELECTION; Title was approved and the bill ordered transmitted to the Senate. AMENDING SECTION 34-1711, IDAHO CODE, TO REVISE PROVISIONS REGARDING CANVASS OF RETURNS; HCR 3 - CURSIVE WRITING AMENDING SECTION 34-1712, IDAHO CODE, TO REVISE HCR 3 was read the third time at length and placed before NOTICE PROVISIONS AND TO MAKE A TECHNICAL the House for final consideration. CORRECTION; AMENDING SECTION 34-1713, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE TIME At this time, the Speaker recognized Mr. Bateman to open WITHIN WHICH A RECALL MAY BE FILED; AMENDING debate. SECTION 50-501, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL The question being, "Shall HCR 3 be adopted?" CORRECTIONS; AMENDING SECTION 50-1044, IDAHO CODE, TO REVISE TIMING REQUIREMENTS FOR Roll call resulted as follows: CERTAIN ELECTIONS AND TO MAKE TECHNICAL AYES – Agidius, Anderson(01), Anderson(31), Anderst, CORRECTIONS; AND DECLARING AN EMERGENCY. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, H 142, H 143, H 144, H 145, H 146, H 147, H 148, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, H 149, H 150, H 151, H 152, H 153, H 154, H 155, H 156, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, H 157, H 158, H 159, H 160, and H 161 were introduced, read Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, the first time by title, and referred to the Judiciary, Rules, and Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Administration Committee for printing. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, There being no objection, the House advanced to the Tenth VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Order of Business. Wood(35), Youngblood, Mr. Speaker. Total – 68. Second Reading of Bills and Joint Resolutions NAYS – Rusche, Woodings. Total – 2. Total – 70. H 122 and H 123, by Appropriations Committee, were read the second time by title and filed for third reading. Whereupon the Speaker declared HCR 3 adopted and ordered the resolution transmitted to the Senate. H 88, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. H 115 - APPROPRIATIONS - DEFICIENCY WARRANTS S 1009, by Local Government and Taxation Committee, was H 115 was read the third time at length, section by section, read the second time by title and filed for third reading. and placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mr. Bolz to open debate. Mr. Henderson asked unanimous consent that H 74 be The question being, "Shall H 115 pass?" returned to the Business Committee. There being no objection, it was so ordered. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 62 - SALES TAX EXEMPTIONS Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 62 was read the third time at length, section by section, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, and placed before the House for final consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, At this time, the Speaker recognized Mrs. Packer to open Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, debate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Pursuant to Rule 38(3), Mr. Barbieri disclosed a conflict of Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, interest regarding H 62. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), The question being, "Shall H 62 pass?" Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Roll call resulted as follows: Whereupon the Speaker declared that H 115 passed the AYES – Agidius, Anderson(01), Anderson(31), Anderst, House. Title was approved and the bill ordered transmitted to Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, the Senate. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Mr. Moyle asked unanimous consent that the remaining Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, bills on the Third Reading Calendar retain their places for one McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, legislative day. There being no objection, it was so ordered. [February 12, 2013 HOUSE JOURNAL 89

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, February 13, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:02 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 90 HOUSE JOURNAL February 13, 2013]

HOUSE JOURNAL HJM 1, H 143, H 144, H 145, and H 146 were referred to the Resources and Conservation Committee. OF THE H 147, H 148, H 149, H 152, H 153, and H 154 were referred IDAHO LEGISLATURE to the Judiciary, Rules, and Administration Committee. H 150 was referred to the Local Government Committee. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE H 151 and H 155 were referred to the Transportation and Defense Committee. H 156 was referred to the Commerce and Human Resources Committee.

THIRTY-EIGHTH LEGISLATIVE DAY H 157 and H 158 were referred to the Revenue and Taxation WEDNESDAY, FEBRUARY 13, 2013 Committee. H 159, H 160, and H 161 were referred to the State Affairs House of Representatives Committee. The House convened at 11 a.m., the Speaker in the Chair. February 12, 2013 Mr. Speaker: Roll call showed 69 members present. We, your COMMITTEE ON AGRICULTURAL AFFAIRS, Absent and excused – Bell. Total – 1. report that we have had under consideration H 111 and report it Total – 70. back with amendments attached to be placed on General Orders for consideration. Prayer was offered by Chaplain Tom Dougherty. ANDRUS, Chairman The Pledge of Allegiance was led by Tasi Lloyd, Page. H 111 was placed on General Orders for consideration. There being no objection, the House advanced to the Seventh Approval of Journal Order of Business. February 13, 2013 Mr. Speaker: Motions, Memorials, and Resolutions We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved House of Representatives the House Journal of the Thirty-seventh Legislative Day and State of Idaho recommend that same be adopted as corrected. WILLS, Chairman February 11, 2013 Mr. Wills moved that the report be adopted. Seconded by The Honorable Dell Raybould, Chairman Mr. Burgoyne. Report adopted. Environment, Energy, and Technology Committee

Dear Representative Raybould: Consideration of Messages from the Governor and the Senate Pursuant to House Rule 24, I am designating the Environment, Energy & Technology Committee as a privileged February 12, 2013 committee on Tuesday, February 12, 2013, for the purpose of Mr. Speaker: hearing additional proposed legislation. I transmit herewith SCR 104, SCR 105, SCR 106, SCR 107, SCR 108, SCR 109, and SCR 110 which have passed the Senate. Sincerely, NOVAK, Secretary /s/ Scott Bedke Speaker of the House SCR 104, SCR 105, SCR 106, SCR 107, SCR 108, SCR 109, and SCR 110 were filed for first reading. HOUSE CONCURRENT RESOLUTION NO. 7 Report of Standing Committees BY TRANSPORTATION AND DEFENSE COMMITTEE A CONCURRENT RESOLUTION February 13, 2013 STATING FINDINGS OF THE LEGISLATURE Mr. Speaker: AND REJECTING A CERTAIN RULE OF THE IDAHO We, your COMMITTEE ON JUDICIARY, RULES, AND TRANSPORTATION DEPARTMENT RELATING TO RULES ADMINISTRATION, report that we have printed HCR 6, GOVERNING LICENSE PLATE PROVISIONS. HJM 1, H 142, H 143, H 144, H 145, H 146, H 147, H 148, H 149, H 150, H 151, H 152, H 153, H 154, H 155, H 156, Be It Resolved by the Legislature of the State of Idaho: H 157, H 158, H 159, H 160, and H 161. WILLS, Chairman WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, HCR 6 and H 142 were referred to the Health and Welfare Idaho Code, in the event that the Legislature finds that the rules Committee. are not consistent with legislative intent; and [February 13, 2013 HOUSE JOURNAL 91

WHEREAS, it is the finding of the Legislature that certain HOUSE CONCURRENT RESOLUTION NO. 9 rules of the Idaho Transportation Department relating to Rules BY ENVIRONMENT, ENERGY, AND TECHNOLOGY Governing License Plate Provisions are not consistent with COMMITTEE legislative intent and should be rejected. A CONCURRENT RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the members of STATING FINDINGS OF THE LEGISLATURE AND the First Regular Session of the Sixty-second Idaho Legislature, REJECTING A CERTAIN RULE OF THE DEPARTMENT the House of Representatives and the Senate concurring therein, OF ENVIRONMENTAL QUALITY RELATING TO IDAHO that IDAPA 39.02.60, Idaho Transportation Department Rules RULES FOR PUBLIC DRINKING WATER SYSTEMS. Governing License Plate Provisions, adopted as a pending rule under Docket Number 39-0260-1201, the entire rulemaking Be It Resolved by the Legislature of the State of Idaho: docket, be, and the same is hereby rejected and declared null, void and of no force and effect. WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules HOUSE CONCURRENT RESOLUTION NO. 8 are not consistent with legislative intent; and BY TRANSPORTATION AND DEFENSE COMMITTEE WHEREAS, it is the finding of the Legislature that a certain A CONCURRENT RESOLUTION rule of the Department of Environmental Quality relating to Idaho STATING FINDINGS OF THE LEGISLATURE AND Rules for Public Drinking Water Systems is not consistent with RECOGNIZING THE ACHIEVEMENTS OF THE IDAHO legislative intent and should be rejected. TRANSPORTATION DEPARTMENT. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, Be It Resolved by the Legislature of the State of Idaho: the House of Representatives and the Senate concurring therein, that IDAPA 58.01.08, Department of Environmental Quality, WHEREAS, previously the Idaho Transportation Idaho Rules for Public Drinking Water Systems, Section 010, Department (ITD) was using an outdated model, layered with the entire section, relating to Fee Schedule for Public Drinking bureaucracy, to run its organization; and Water Systems, be, and the same is hereby rejected and declared WHEREAS, ITD employees were not rewarded or promoted null, void and of no force and effect. based upon results achieved but based solely upon being a supervisor; and WHEREAS, ITD chose to realign its organization to provide HCR 7, HCR 8, and HCR 9 were introduced, read the greater efficiency, greater accountability for its employees, first time by title, and referred to the Judiciary, Rules, and increased customer service and decreased cost; and Administration Committee for printing. WHEREAS, ITD was able to successfully realign by eliminating layers of management and duplicate positions and by clearly defining roles, responsibilities and expectations of its SCR 104, by State Affairs Committee, was introduced, read employees; and the first time by title, and referred to the State Affairs Committee. WHEREAS, no ITD employees lost their jobs or pay in the realignment; and SCR 105, by Local Government and Taxation Committee, WHEREAS, ITD's realignment generated $5.7 million in was introduced, read the first time by title, and referred to the savings in the first year and another $7 million in the second Revenue and Taxation Committee. year; and WHEREAS, improvements in cash forecasting and project management practices will provide an additional $100 million for SCR 106, SCR 107, SCR 108, SCR 109, and SCR 110, highway maintenance and construction projects over the next five by Resources and Environment Committee, were introduced, years; and read the first time by title, and referred to the Resources and WHEREAS, numerous organizations including the Federal Conservation Committee. Highway Administration, the National Cooperative Highway Research Program and the American Association of State Highway and Transportation Officials have recognized ITD as a Introduction, First Reading, and Reference national leader in innovative practices; and of Bills and Joint Resolutions WHEREAS, ITD now has a strategic plan to use its transportation funds to target opportunities for economic growth by expanding existing businesses, attracting new businesses HOUSE BILL NO. 162 and creating jobs, while at the same time improving Idaho's BY EDUCATION COMMITTEE infrastructure. AN ACT NOW, THEREFORE, BE IT RESOLVED by the members of RELATING TO COSMETICIANS; AMENDING the First Regular Session of the Sixty-second Idaho Legislature, SECTION 54-802, IDAHO CODE, TO REVISE A the House of Representatives and the Senate concurring therein, DEFINITION; AND DECLARING AN EMERGENCY. that the Idaho Transportation Department be recognized and commended for its service to the people of Idaho and for its achievements in creating an innovative and efficient department HOUSE BILL NO. 163 that encourages economic growth. BY EDUCATION COMMITTEE BE IT FURTHER RESOLVED that the Chief Clerk of the AN ACT House of Representatives is hereby authorized and directed to RELATING TO EDUCATION; AMENDING SECTION forward a copy of this Resolution to the Governor of the State 33-513, IDAHO CODE, TO CLARIFY THE NUMBER of Idaho. OF DAYS TO SIGN AND RETURN A CONTRACT, TO 92 HOUSE JOURNAL February 13, 2013]

ESTABLISH PROVISIONS RELATING TO A DEFAULT HOUSE BILL NO. 166 TIME, TO REVISE PROVISIONS RELATING TO THE BY APPROPRIATIONS COMMITTEE DELIVERY OF A CONTRACT AND ACKNOWLEDGMENT AN ACT OF SUCH DELIVERY, TO REVISE PROVISIONS RELATING RELATING TO THE IDAHO NATIONAL GUARD TO DECLARING A POSITION VACANT, TO MAKE A YOUTH CHALLENGE PROGRAM; APPROPRIATING CODIFIER'S CORRECTION AND TO MAKE TECHNICAL ADDITIONAL MONEYS TO THE MILITARY DIVISION CORRECTIONS; AND DECLARING AN EMERGENCY. FOR THE FEDERAL/STATE AGREEMENTS PROGRAM FOR FISCAL YEAR 2013; AUTHORIZING ADDITIONAL FULL-TIME EQUIVALENT POSITIONS; AND DECLARING HOUSE BILL NO. 164 AN EMERGENCY. BY EDUCATION COMMITTEE AN ACT RELATING TO EDUCATION; AMENDING SECTION HOUSE BILL NO. 167 33-1272, IDAHO CODE, TO REVISE A DEFINITION AND BY TRANSPORTATION AND DEFENSE COMMITTEE TO MAKE TECHNICAL CORRECTIONS; AMENDING AN ACT CHAPTER 12, TITLE 33, IDAHO CODE, BY THE ADDITION RELATING TO MOTOR VEHICLE DEALERS AND OF A NEW SECTION 33-1273A, IDAHO CODE, TO SALESMEN; AMENDING SECTION 49-1603, IDAHO CODE, ESTABLISH PROVISIONS RELATING TO NEGOTIATIONS TO REMOVE PROVISIONS RELATING TO A NONVOTING IN OPEN SESSION, TO ESTABLISH THAT CERTAIN MEMBER OF THE DEALER ADVISORY BOARD AND DOCUMENTATION SHALL BE SUBJECT TO CERTAIN TO MAKE TECHNICAL CORRECTIONS; AMENDING DISCLOSURE LAWS AND TO PROVIDE FOR NOTICE; CHAPTER 16, TITLE 49, IDAHO CODE, BY THE ADDITION AMENDING CHAPTER 12, TITLE 33, IDAHO CODE, BY OF A NEW SECTION 49-1608B, IDAHO CODE, TO THE ADDITION OF A NEW SECTION 33-1274A, IDAHO ESTABLISH PROVISIONS RELATING TO THE IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO CONSUMER ASSET RECOVERY FUND, TO ESTABLISH REQUIREMENTS WHEN PARTIES TO NEGOTIATIONS PROVISIONS RELATING TO EXPENDITURES FROM SUCH REACH AGREEMENT AND TO ESTABLISH PROVISIONS FUND AND TO ESTABLISH PROVISIONS RELATING TO RELATING TO THE FAILURE TO RATIFY A CERTAIN CLAIMS AGAINST SUCH FUND; AMENDING CHAPTER AGREEMENT; PROVIDING SEVERABILITY; AND 16, TITLE 49, IDAHO CODE, BY THE ADDITION OF A DECLARING AN EMERGENCY. NEW SECTION 49-1608C, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO THE CREATION OF THE IDAHO CONSUMER ASSET RECOVERY CONTROL HOUSE BILL NO. 165 BOARD AND TO ESTABLISH PROVISIONS RELATING TO BY EDUCATION COMMITTEE FEES; AMENDING CHAPTER 16, TITLE 49, IDAHO CODE, AN ACT BY THE ADDITION OF A NEW SECTION 49-1608D, IDAHO RELATING TO EDUCATION AND CONTRACTS; CODE, TO ESTABLISH PROVISIONS RELATING TO AMENDING SECTION 33-514, IDAHO CODE, TO CERTAIN APPLICANTS MAINTAINING A LICENSE BOND PROVIDE THAT NO PROBATIONARY PERIOD SHALL AND TO ESTABLISH PROVISIONS RELATING TO THE BE REQUIRED IN CERTAIN CIRCUMSTANCES AND SUSPENSION OF FEES; AMENDING CHAPTER 16, TITLE TO MAKE TECHNICAL CORRECTIONS; AMENDING 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION SECTION 33-515, IDAHO CODE, TO PROVIDE THAT 49-1608E, IDAHO CODE, TO ESTABLISH PROVISIONS NO PROBATIONARY PERIOD SHALL BE REQUIRED RELATING TO THE SUBMISSION OF CLAIMS TO THE IN CERTAIN CIRCUMSTANCES, TO MAKE A BOARD, TO ESTABLISH PROVISIONS RELATING TO CODIFIER'S CORRECTION AND TO MAKE TECHNICAL PAYMENT OF CLAIMS AND TO ESTABLISH PROVISIONS CORRECTIONS; AMENDING CHAPTER 5, TITLE 33, RELATING TO SERVICE; AND AMENDING CHAPTER IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16, TITLE 49, IDAHO CODE, BY THE ADDITION OF A 33-522A, IDAHO CODE, TO ESTABLISH PROVISIONS NEW SECTION 49-1608F, IDAHO CODE, TO ESTABLISH RELATING TO REDUCTIONS IN FORCE, TO ESTABLISH PROVISIONS RELATING TO THE PAYMENT OF CLAIMS, PROVISIONS THAT A BOARD OF TRUSTEES MAY TO ESTABLISH PROVISIONS RELATING TO MAXIMUM NEED TO REDUCE, REORGANIZE, CONSOLIDATE OR AMOUNTS OF CLAIMS, TO ESTABLISH PROVISIONS OTHERWISE TAKE ACTION RELATING TO THE NUMBER RELATING TO THE BOARD WITHHOLDING PAYMENT OF CERTAIN POSITIONS, TO ESTABLISH PROVISIONS OF CERTAIN CLAIMS, TO ESTABLISH PROVISIONS RELATING TO INSTITUTING A REDUCTION IN FORCE, RELATING TO PRORATING CERTAIN CLAIMS, TO TO ESTABLISH PROVISIONS RELATING TO AN ESTABLISH PROVISIONS RELATING TO INSUFFICIENT INDIVIDUAL EMPLOYED PURSUANT TO A RENEWABLE MONEYS IN THE FUND, TO ESTABLISH PROVISIONS STATUS CONTRACT, TO ESTABLISH PROVISIONS RELATING TO CERTAIN REIMBURSEMENTS TO THE RELATING TO AN INDIVIDUAL EMPLOYED PURSUANT FUND, TO PROVIDE FOR LIMITATIONS OF THE TO A CATEGORY 3 CONTRACT, TO PROVIDE FOR APPLICATION OF LAW AND TO PROVIDE FOR RULES. WRITTEN NOTICE IN CERTAIN CIRCUMSTANCES, TO ESTABLISH PROVISIONS RELATING TO THE PROCESS HOUSE BILL NO. 168 AND PROCEDURE FOR A SINGLE INFORMAL REVIEW BY TRANSPORTATION AND DEFENSE COMMITTEE AND TO ESTABLISH PROVISIONS RELATING TO THE AN ACT IMPLEMENTATION OF A REDUCTION IN FORCE AND RELATING TO MOTOR CARRIERS; AMENDING INFORMAL REVIEW AND INDIVIDUALIZED OR GROUP CHAPTER 10, TITLE 49, IDAHO CODE, BY THE ADDITION DUE PROCESS BEFORE THE BOARD OF TRUSTEES; OF A NEW SECTION 49-1014, IDAHO CODE, TO DEFINE PROVIDING SEVERABILITY; AND DECLARING AN TERMS AND TO PROVIDE THAT AN INDEMNITY EMERGENCY. AGREEMENT IN A MOTOR CARRIER TRANSPORTATION [February 13, 2013 HOUSE JOURNAL 93

CONTRACT IS AGAINST THE PUBLIC POLICY OF THIS REVISE PROVISIONS RELATING TO THE CONTENT STATE AND IS VOID AND UNENFORCEABLE. OF REQUISITE NOTICE TO THE OWNER OR OWNERS OF THE LIVESTOCK AND TO MAKE A TECHNICAL HOUSE BILL NO. 169 CORRECTION. BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT HOUSE BILL NO. 176 RELATING TO SPECIAL LICENSE PLATES; BY STATE AFFAIRS COMMITTEE AMENDING SECTION 49-402D, IDAHO CODE, TO AN ACT PROVIDE FOR THE LEGISLATURE'S ROLE IN THE RELATING TO ABSENTEE VOTING; AMENDING ISSUANCE OF SPECIAL LICENSE PLATES AND TO SECTION 34-1001, IDAHO CODE, TO DEFINE A TERM PROVIDE THAT THE DEPARTMENT SHALL REPORT TO AND TO PROVIDE VOTING REQUIREMENTS FOR THE LEGISLATURE ON ANY DENIED APPLICATIONS. OVERSEAS ELECTORS.

HOUSE BILL NO. 170 HOUSE BILL NO. 177 BY TRANSPORTATION AND DEFENSE COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO REAL ESTATE APPRAISERS; RELATING TO THE COLLEGE SAVINGS PROGRAM; AMENDING SECTION 54-4105, IDAHO CODE, TO AMENDING SECTION 33-5401, IDAHO CODE, TO REVISE PROVIDE THAT LOCAL HIGHWAY JURISDICTIONS MAY A DEFINITION; AMENDING SECTION 33-5402, IDAHO PERFORM VALUE ESTIMATES IN THE SAME MANNER CODE, TO REVISE THE POWERS AND DUTIES OF AS THE IDAHO TRANSPORTATION DEPARTMENT. THE COLLEGE SAVINGS PROGRAM BOARD AND TO PROVIDE FOR CERTAIN POWERS AND DUTIES; HOUSE BILL NO. 171 AMENDING SECTION 33-5403, IDAHO CODE, TO BY TRANSPORTATION AND DEFENSE COMMITTEE REMOVE CERTAIN PROVISIONS RELATING TO THE AN ACT USE OF A CONTRACTOR AS ACCOUNT DEPOSITORY RELATING TO HIGHWAYS; AMENDING SECTION AND MANAGER AND THE ADMINISTRATION OF THE 40-2319, IDAHO CODE, TO PROVIDE THAT THE COUNTY PROGRAM, TO PROVIDE FOR THE ADMINISTRATION OR HIGHWAY DISTRICT SHALL NOT BE LIABLE AND IMPLEMENTATION OF THE PROGRAM AND TO FOR ANY INJURY OR DAMAGE CAUSED BY OR PROVIDE FOR THE DELEGATION OF CERTAIN POWERS ARISING FROM AN UNAUTHORIZED ENCROACHMENT AND DUTIES; AMENDING SECTION 33-5404, IDAHO OR FAILURE TO REMOVE THE UNAUTHORIZED CODE, TO PROVIDE THAT THE PROGRAM SHALL ENCROACHMENT UPON A HIGHWAY. BE OPERATED THROUGH THE USE OF INDIVIDUAL ACCOUNTS, TO PROVIDE THAT EACH ACCOUNT HOUSE BILL NO. 172 MAY BE OPENED BY ANY PERSON WHO DESIRES BY TRANSPORTATION AND DEFENSE COMMITTEE TO SAVE FOR THE QUALIFIED HIGHER EDUCATION AN ACT EXPENSES OF A PERSON, TO REMOVE PROVISIONS RELATING TO ENCROACHMENTS UPON HIGHWAYS; RELATING TO THE PROCEDURE TO BE FOLLOWED AMENDING SECTION 40-2319, IDAHO CODE, TO REVISE IN THE EVENT THE BOARD TERMINATES CERTAIN PROVISIONS REGARDING FLOODING AND SPRINKLING AUTHORITY OF A FINANCIAL INSTITUTION RELATING ENCROACHMENTS UPON HIGHWAYS OR PUBLIC TO THE PROGRAM, TO PROVIDE FOR THE TRANSFER RIGHTS-OF-WAY. OF ACCOUNTS, TO CLARIFY THE EFFECT OF SUCH TRANSFER, TO PROVIDE THAT THE PROGRAM SHALL HOUSE BILL NO. 173 PROVIDE CERTAIN STATEMENTS TO EACH ACCOUNT BY TRANSPORTATION AND DEFENSE COMMITTEE OWNER AND TO MAKE A TECHNICAL CORRECTION; AN ACT AND AMENDING SECTION 33-5409, IDAHO CODE, TO RELATING TO FLOODING HIGHWAYS; AMENDING REVISE TERMINOLOGY, TO PROVIDE FOR CONTINUOUS SECTION 18-3908, IDAHO CODE, TO REVISE THE APPROPRIATION OF CERTAIN MONEYS TO THE BOARD OFFENSE OF FLOODING HIGHWAYS AND TO REVISE AND TO REVISE PROVISIONS RELATING TO THE USE PROCEDURES, PENALTIES AND MITIGATING FACTORS. OF MONEYS IN THE COLLEGE SAVINGS FUND.

HOUSE BILL NO. 174 BY APPROPRIATIONS COMMITTEE HOUSE BILL NO. 178 AN ACT BY HEALTH AND WELFARE COMMITTEE APPROPRIATING ADDITIONAL MONEYS TO THE AN ACT DEPARTMENT OF WATER RESOURCES FOR FISCAL RELATING TO THE IMMUNIZATION BOARD; YEAR 2013; AND DECLARING AN EMERGENCY. AMENDING SECTION 4, CHAPTER 32, LAWS OF 2010, TO EXTEND THE SUNSET DATE. HOUSE BILL NO. 175 BY STATE AFFAIRS COMMITTEE AN ACT HOUSE BILL NO. 179 RELATING TO SPECIAL LIENS REGARDING BY HEALTH AND WELFARE COMMITTEE LIVESTOCK; AMENDING SECTION 45-805, IDAHO CODE, AN ACT TO PROVIDE THAT CERTAIN LIVESTOCK MAY BE RELATING TO THE HEALTH INSURANCE SOLD AT A LICENSED PUBLIC LIVESTOCK AUCTION EXCHANGE; AMENDING SECTIONS 1 AND 2, AS ADDED MARKET, TO PROVIDE THAT CERTAIN EQUINES MAY BY SENATE BILL NO. 1042, AS ENACTED BY THE BE SOLD AT A SALE OFFERED TO THE PUBLIC, TO FIRST REGULAR SESSION OF THE SIXTY-SECOND 94 HOUSE JOURNAL February 13, 2013]

IDAHO LEGISLATURE, TO ESTABLISH THE EXCHANGE Roll call resulted as follows: AND THE BOARD, TO PROVIDE FOR POWERS AND AYES – Agidius, Anderson(01), Anderson(31), Anderst, AUTHORITY OF THE EXCHANGE, TO PROVIDE FOR Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Burgoyne, REPORTING; AND DECLARING AN EMERGENCY. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, H 162, H 163, H 164, H 165, H 166, H 167, H 168, H 169, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, H 170, H 171, H 172, H 173, H 174, H 175, H 176, H 177, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, H 178, and H 179 were introduced, read the first time by title, and Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, referred to the Judiciary, Rules, and Administration Committee Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, for printing. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, There being no objection, the House advanced to the Tenth Youngblood, Mr. Speaker. Total – 65. Order of Business. NAYS – Boyle, McMillan, Shepherd, Sims. Total – 4. Absent and excused – Bell. Total – 1. Second Reading of Bills and Joint Resolutions Total – 70. H 89, by Health and Welfare Committee, was read the second Whereupon the Speaker declared that H 54 passed the House. time by title and filed for third reading. Title was approved and the bill ordered transmitted to the Senate. H 100, by Business Committee, was read the second time by title and filed for third reading. H 48 - INJECTION WELLS H 86, by Revenue and Taxation Committee, was read the H 48 was read the third time at length, section by section, second time by title and filed for third reading. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Miller to open Third Reading of Bills and Joint Resolutions debate. The question being, "Shall H 48 pass?" H 55 - TELEPHONE SOLICITATION ACT Roll call resulted as follows: H 55 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, At this time, the Speaker recognized Mr. Barbieri to open Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, debate. Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, The question being, "Shall H 55 pass?" Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Shepherd, Sims, Smith, Stevenson, Thompson, Roll call resulted as follows: Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Woodings, Youngblood, Mr. Speaker. Total – 62. Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Clow, NAYS – Burgoyne, Chew, Erpelding, Gannon, Ringo, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Rusche, Ward-Engelking. Total – 7. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Absent and excused – Bell. Total – 1. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Total – 70. Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Whereupon the Speaker declared that H 48 passed the House. Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Title was approved and the bill ordered transmitted to the Senate. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, H 49 - INJECTION WELLS Youngblood, Mr. Speaker. Total – 65. NAYS – Bell, Burgoyne, Chew, Pence, Ringo. Total – 5. H 49 was read the third time at length, section by section, Paired Votes: and placed before the House for final consideration. AYE – Bolz NAY – Bell At this time, the Speaker recognized Mr. Gestrin to open (Pairs enumerated in roll call above.) debate. Total – 70. The question being, "Shall H 49 pass?" Whereupon the Speaker declared that H 55 passed the House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 54 - HEALTH INSURANCE EXCHANGE Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, H 54 was read the third time at length, section by section, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, and placed before the House for final consideration. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, At this time, the Speaker recognized Mr. Luker to open King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, debate. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall H 54 pass?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, [February 13, 2013 HOUSE JOURNAL 95

VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Whereupon the Speaker declared that H 123 passed the Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Bell. Total – 1. Total – 70. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one Whereupon the Speaker declared that H 49 passed the House. legislative day. There being no objection, it was so ordered. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. H 122 - APPROPRIATIONS - SOIL AND WATER CONSERVATION COMMISSION Adjournment H 122 was read the third time at length, section by section, Mr. Moyle moved that the House adjourn until 11 a.m., and placed before the House for final consideration. Thursday, February 14, 2013. Seconded by Mr. Rusche. Motion carried. At this time, the Speaker recognized Mr. Youngblood to open debate. Whereupon the Speaker declared the House adjourned at 11:52 a.m. The question being, "Shall H 122 pass?" SCOTT BEDKE, Speaker

Roll call resulted as follows: ATTEST: AYES – Agidius, Anderson(01), Anderson(31), Anderst, BONNIE ALEXANDER, Chief Clerk Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Bell. Total – 1. Total – 70. Whereupon the Speaker declared that H 122 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 123 - APPROPRIATIONS- LAVA HOT SPRINGS FOUNDATION H 123 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gibbs to open debate. The question being, "Shall H 123 pass?"

Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – Agidius, Burgoyne. Total – 2. Absent and excused – Bell. Total – 1. Total – 70. 96 HOUSE JOURNAL February 14, 2013]

HOUSE JOURNAL Enrolled H 5 and H 16 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. OF THE February 13, 2013 Mr. Speaker: IDAHO LEGISLATURE I transmit herewith S 1025 and S 1006, as amended, which have passed the Senate. FIRST REGULAR SESSION NOVAK, Secretary SIXTY-SECOND LEGISLATURE S 1025 and S 1006, as amended, were filed for first reading. February 13, 2013 Mr. Speaker: THIRTY-NINTH LEGISLATIVE DAY I return herewith H 14, H 15, H 22, H 23, and H 37 which THURSDAY, FEBRUARY 14, 2013 have passed the Senate. NOVAK, Secretary H 14, H 15, H 22, H 23, and H 37 were referred to the House of Representatives Judiciary, Rules, and Administration Committee for enrolling. The House convened at 11 a.m., the Speaker in the Chair. Roll call showed 69 members present. Report of Standing Committees Absent and excused – Holtzclaw. Total – 1. Total – 70. February 14, 2013 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 7, The Pledge of Allegiance was led by Weston Durland, Page. HCR 8, HCR 9, H 162, H 163, H 164, H 165, H 166, H 167, Approval of Journal H 168, H 169, H 170, H 171, H 172, H 173, H 174, H 175, H 176, H 177, H 178, and H 179. February 14, 2013 WILLS, Chairman Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HCR 7, HCR 8, H 167, H 168, H 169, H 170, and ADMINISTRATION, report that we have read and approved H 171 were referred to the Transportation and Defense the House Journal of the Thirty-eighth Legislative Day and Committee. recommend that same be adopted as corrected. WILLS, Chairman HCR 9 was referred to the Environment, Energy, and Technology Committee. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. H 162 was referred to the Business Committee. At this time, the Speaker put the House at ease for the House H 163, H 164, H 165, and H 177 were referred to the Page program. Education Committee. Consideration of Messages from the H 166 and H 174 were filed for second reading. Governor and the Senate H 172 and H 173 were referred to the Ways and Means OFFICE OF THE GOVERNOR Committee. Boise H 175 was referred to the Agricultural Affairs Committee. February 12, 2013 The Honorable Scott Bedke H 176 was referred to the State Affairs Committee. Speaker of the House H 178 and H 179 were referred to the Health and Welfare Committee. Dear Mr. Speaker: I have the honor to advise you that I have signed today and February 13, 2013 am transmitting to the Secretary of State the following House Mr. Speaker: bills, to wit: We, your COMMITTEE ON BUSINESS, report that we have H 2, H 3, and H 4 had under consideration H 127 and recommend that it do pass. HENDERSON, Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter H 127 was filed for second reading. Governor February 13, 2013 February 13, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON RESOURCES AND I return herewith enrolled H 5 and H 16 which have been CONSERVATION, report that we have had under consideration signed by the President. H 47 and H 50 and recommend that they do pass. NOVAK, Secretary DENNEY, Chairman [February 14, 2013 HOUSE JOURNAL 97

H 47 and H 50 were filed for second reading. DEPOSITED IN ANY HISTORICAL HORSE RACE POOL, TO PROVIDE FOR THE CONTINUOUS APPROPRIATION February 14, 2013 OF CERTAIN MONEYS, TO PROVIDE FOR CERTAIN Mr. Speaker: AGREEMENTS WITH HORSEMEN'S GROUPS, TO We, your COMMITTEE ON EDUCATION, report that we PROVIDE FOR THE HISTORICAL HORSE RACE PURSE have had under consideration H 65 and recommend that it do MONEYS FUND AND TO PROVIDE FOR RULEMAKING. pass. DEMORDAUNT, Chairman HOUSE BILL NO. 183 BY STATE AFFAIRS COMMITTEE H 65 was filed for second reading. AN ACT There being no objection, the House advanced to the Eighth RELATING TO MUNICIPAL CORPORATIONS; Order of Business. AMENDING SECTION 50-308, IDAHO CODE, TO REMOVE LANGUAGE GRANTING CITIES THE POWER TO Introduction, First Reading, and Reference REGULATE, PREVENT AND PUNISH FOR THE CARRYING of Bills and Joint Resolutions OF CONCEALED WEAPONS. H 180, H 181, H 182, and H 183 were introduced, read HOUSE BILL NO. 180 the first time by title, and referred to the Judiciary, Rules, and BY APPROPRIATIONS COMMITTEE Administration Committee for printing. AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE S 1025, by State Affairs Committee, was introduced, read the DEPARTMENT OF HEALTH AND WELFARE FOR THE first time by title, and referred to the State Affairs Committee. DIVISION OF WELFARE FOR FISCAL YEAR 2013; PROVIDING LEGISLATIVE INTENT; AND DECLARING S 1006, as amended, by Transportation Committee, was AN EMERGENCY. introduced, read the first time by title, and referred to the Transportation and Defense Committee. HOUSE BILL NO. 181 There being no objection, the House advanced to the BY STATE AFFAIRS COMMITTEE Eleventh Order of Business. AN ACT RELATING TO THE CAPITOL BUILDING AND Third Reading of Bills and Joint Resolutions GROUNDS; AMENDING SECTION 67-1610, IDAHO CODE, TO PROVIDE A REFERENCE TO THE CAPITOL H 88 - SPECIAL TAX CREDIT MAINTENANCE RESERVE FUND AND TO ESTABLISH H 88 was read the third time at length, section by section, PROVISIONS RELATING TO CERTAIN ADMINISTRATIVE and placed before the House for final consideration. COSTS; AMENDING CHAPTER 16, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION At this time, the Speaker recognized Mr. Moyle to open 67-1610A, IDAHO CODE, TO ESTABLISH THE CAPITOL debate. MAINTENANCE RESERVE FUND, TO PROVIDE THAT THE FUND SHALL RECEIVE CERTAIN DISTRIBUTIONS Mr. Burgoyne asked unanimous consent that, pursuant to AND THAT THE FUND SHALL BE MANAGED BY Rule 22, discussion of H 100 be allowed in debate of H 88. THE ENDOWMENT FUND INVESTMENT BOARD, TO There being no objection it was so ordered. PROVIDE FOR USE OF MONEYS IN THE FUND, TO The question being, "Shall H 88 pass?" PROVIDE FOR APPROPRIATION AND TO PROVIDE FOR AN EXCEPTION; AMENDING SECTION 67-1611, IDAHO Roll call resulted as follows: CODE, TO ESTABLISH THE CAPITOL COMMISSION AYES – Agidius, Anderson(01), Anderson(31), Anderst, OPERATING FUND, TO PROVIDE THAT THE FUND Andrus, Barbieri, Bateman, Batt, Bolz, Boyle, Burgoyne, SHALL BE MANAGED BY THE STATE TREASURER AND Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, SHALL CONSIST OF CERTAIN TRANSFERS, INTERESTS Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, AND PROCEEDS, TO PROVIDE THAT THE MONEYS IN Henderson, Hixon, Horman, Kauffman, King, Kloc, Loertscher, THE FUND SHALL BE SUBJECT TO APPROPRIATION Malek, Meline, Mendive, Miller, Monks, Moyle, Nielsen, AND TO PROVIDE FOR USE OF MONEYS IN THE Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, FUND; AMENDING SECTION 49-420A, IDAHO CODE, TO Romrell, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, PROVIDE THAT A CERTAIN LICENSE PLATE FEE SHALL VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), BE DEPOSITED BY THE STATE TREASURER INTO THE Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 62. CAPITOL MAINTENANCE RESERVE FUND. NAYS – Barrett, Bell, Harris, Luker, McMillan, Morse, Rusche. Total – 7. HOUSE BILL NO. 182 Absent and excused – Holtzclaw. Total – 1. BY STATE AFFAIRS COMMITTEE Total – 70. AN ACT RELATING TO HORSE RACING; AMENDING SECTION Whereupon the Speaker declared that H 88 passed the House. 54-2502, IDAHO CODE, TO DEFINE A TERM; AMENDING Title was approved and the bill ordered transmitted to the Senate. SECTION 54-2505, IDAHO CODE, TO REVISE A CODE REFERENCE; AND AMENDING CHAPTER 25, TITLE 54, Mr. Moyle asked unanimous consent that the remaining IDAHO CODE, BY THE ADDITION OF A NEW SECTION bills on the Third Reading Calendar retain their places for one 54-2512A, IDAHO CODE, TO PROVIDE FOR WAGERING legislative day. There being no objection, it was so ordered. ON HISTORICAL HORSE RACES, TO PROVIDE FOR There being no objection, the House advanced to the THE DISTRIBUTION AND PAYMENT OF ALL SUMS Sixteenth Order of Business. 98 HOUSE JOURNAL February 14, 2013]

Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Friday, February 15, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:08 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 15, 2013 HOUSE JOURNAL 99

HOUSE JOURNAL February 15, 2013 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 14, H 15, H 22, H 23, and H 37. IDAHO LEGISLATURE WILLS, Chairman FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE The Speaker announced he was about to sign enrolled H 14, H 15, H 22, H 23, and H 37 and, when so signed, ordered them transmitted to the Senate for the signature of the President.

FORTIETH LEGISLATIVE DAY February 15, 2013 FRIDAY, FEBRUARY 15, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled House of Representatives H 5 and H 16 to the Governor at 11:15 a.m., as of this date, February 14, 2013. The House convened at 11 a.m., the Speaker in the Chair. WILLS, Chairman Roll call showed 67 members present. Absent and excused – Loertscher, Meline, Wood(27). February 14, 2013 Total – 3. Mr. Speaker: Total – 70. We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration H 106 and Prayer was offered by Chaplain Tom Dougherty. recommend that it do pass. The Pledge of Allegiance was led by Brady Gaschler, Page. COLLINS, Chairman

Approval of Journal H 106 was filed for second reading. February 15, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND February 14, 2013 ADMINISTRATION, report that we have read and approved Mr. Speaker: the House Journal of the Thirty-ninth Legislative Day and We, your COMMITTEE ON HEALTH AND WELFARE, recommend that same be adopted as corrected. report that we have had under consideration H 98 and report it WILLS, Chairman back with amendments attached to be placed on General Orders for consideration. Mr. Wills moved that the report be adopted. Seconded by WOOD(27), Chairman Mr. Burgoyne. Report adopted. H 98 was placed on General Orders for consideration. Consideration of Messages from the Governor and the Senate February 14, 2013 Mr. Speaker: February 14, 2013 We, your COMMITTEE ON LOCAL GOVERNMENT, Mr. Speaker: report that we have had under consideration H 137 and I return herewith H 19, H 20, H 24, and H 52 which have recommend that it do pass. passed the Senate. BARRETT, Chairman NOVAK, Secretary

H 19, H 20, H 24, and H 52 were referred to the Judiciary, H 137 was filed for second reading. Rules, and Administration Committee for enrolling.

February 14, 2013 Report of Standing Committees Mr. Speaker: February 15, 2013 We, your COMMITTEE ON AGRICULTURAL AFFAIRS, Mr. Speaker: report that we have had under consideration H 110 and H 112 and We, your COMMITTEE ON JUDICIARY, RULES, AND recommend that they do pass. ADMINISTRATION, report that we have printed H 180, H 181, ANDRUS, Chairman H 182, and H 183. WILLS, Chairman H 110 and H 112 were filed for second reading. H 180 was filed for second reading. H 181, H 182, and H 183 were referred to the State Affairs There being no objection, the House advanced to the Seventh Committee. Order of Business. 100 HOUSE JOURNAL February 15, 2013]

Motions, Memorials, and Resolutions Introduction, First Reading, and Reference of Bills and Joint Resolutions Mr. Moyle moved that the following persons be approved House of Representatives as attaches to serve the House of Representatives for and during State of Idaho the First Regular Session of the Sixty-second Idaho Legislature. Seconded by Mr. Rusche. February 12, 2013 Pages: The Honorable Dell Raybould, Chairman Brooklyn Burk Mallory Critchfield Environment, Energy, and Technology Committee Ismael Fernandez Esther Frederick Eric Labra Jenevieve Mingus Dear Representative Raybould: Christina Nelson Andrea Prigge Laura Spencer Pursuant to House Rule 24, I am designating the Environment, Energy & Technology Committee as a privileged committee on Thursday, February 14, 2013, for the purpose of Whereupon the Speaker declared the motion carried by hearing additional proposed legislation. voice vote and administered the oath of office to the above named attaches. Sincerely, /s/ Scott Bedke HOUSE CONCURRENT RESOLUTION NO. 10 Speaker of the House BY HEALTH AND WELFARE COMMITTEE A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND HOUSE BILL NO. 184 DIRECTING THE IDAHO DEPARTMENT OF HEALTH AND BY REVENUE AND TAXATION COMMITTEE WELFARE TO CONVENE A WORKING GROUP CHARGED AN ACT WITH DEVELOPING LEGISLATION THAT CREATES A RELATING TO INCOME TAX; AMENDING SECTION SYSTEM OF CARE FOR TIME-SENSITIVE EMERGENCIES 63-3022, IDAHO CODE, TO REVISE A TIME PERIOD IN IDAHO. RELATING TO A NET OPERATING LOSS CARRYBACK, TO REMOVE LANGUAGE RELATING TO NET OPERATING Be It Resolved by the Legislature of the State of Idaho: LOSS SUBTRACTED FROM INCOME, TO REMOVE LANGUAGE DEFINING A TERM, TO ESTABLISH WHEREAS, time-sensitive emergencies, specifically blunt PROVISIONS RELATING TO A NET OPERATING LOSS trauma injuries, strokes and heart attacks, were three of the top FOR ANY TAXABLE YEAR COMMENCING ON OR five causes of deaths in Idaho in 2011; and AFTER JANUARY 1, 2013, TO ESTABLISH PROVISIONS WHEREAS, numerous studies throughout the United States RELATING TO THE SUBTRACTION OF A PORTION OF have demonstrated that organized systems of care improve A NET OPERATING LOSS, TO DEFINE A TERM AND patient outcomes, thus reducing the frequency of preventable TO MAKE A TECHNICAL CORRECTION; AMENDING death and improving the functional status of the patient. The SECTION 63-3072, IDAHO CODE, TO REVISE PROVISIONS Institute of Medicine Hospital-Based Emergency Care: At the RELATING TO A CLAIM FOR CREDIT OR REFUND THAT Breaking Point, in 2006 recommended improving the care of RELATES TO AN OVERPAYMENT ATTRIBUTABLE TO A critical illness through regionalization by transporting critically NET OPERATING LOSS CARRYBACK AND TO PROVIDE ill patients to designated specialized care centers; and THAT CERTAIN CLAIMS FOR NET OPERATING LOSSES WHEREAS, Idaho remains one of only a few states without SHALL BE MADE PURSUANT TO LAW; DECLARING organized systems of care for trauma, stroke and heart attack; and AN EMERGENCY AND PROVIDING RETROACTIVE WHEREAS, trauma systems of care are well understood as APPLICATION. they have existed in many other states for decades. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, HOUSE BILL NO. 185 the House of Representatives and the Senate concurring therein, BY ENVIRONMENT, ENERGY, AND TECHNOLOGY that the Idaho Department of Health and Welfare should COMMITTEE convene a working group to define the elements of, funding AN ACT mechanisms for, and an implementation plan that uses the trauma RELATING TO DRINKING WATER AND WASTEWATER component as the initial framework in a deliberate, incremental PROFESSIONALS; AMENDING SECTION 54-2407, IDAHO implementation approach for a comprehensive system of care CODE, TO REVISE FEE PROVISIONS RELATING TO for time-sensitive emergencies in Idaho. CERTAIN EXAMINATIONS; AND DECLARING AN BE IT FURTHER RESOLVED that the working group EMERGENCY. should draft legislative language for the 2014 legislative session that recognizes the need for a system of care for trauma, stroke and heart attack in Idaho. HOUSE BILL NO. 186 BE IT FURTHER RESOLVED that the Idaho Department BY REVENUE AND TAXATION COMMITTEE of Health and Welfare should include a broad stakeholder base in AN ACT the membership of the working group to assure that the resulting RELATING TO TAXATION; AMENDING SECTION legislative language best represents the needs of all Idahoans. 63-3616, IDAHO CODE, TO DEFINE A TERM AND TO HCR 10 was introduced, read the first time by title, and REVISE A DEFINITION TO CLARIFY THAT REMOTELY referred to the Judiciary, Rules, and Administration Committee ACCESSED APPLICATION SOFTWARE IS NOT TAXABLE; for printing. AND DECLARING AN EMERGENCY. [February 15, 2013 HOUSE JOURNAL 101

HOUSE BILL NO. 187 H 100 - IDAHO OPPORTUNITY FUND BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO USE TAX; AMENDING SECTION H 100 was read the third time at length, section by section, 63-3621, IDAHO CODE, TO CLARIFY SERVING SIZES and placed before the House for final consideration. FOR FREE TASTINGS OF WINE AND BEER, TO PROVIDE THAT THE USE TAX SHALL NOT APPLY TO CERTAIN At this time, the Speaker recognized Mr. Henderson and FREE SAMPLES OF FOOD AND TO DEFINE A TERM; Mr. Thompson to open debate. AND DECLARING AN EMERGENCY. H 184, H 185, H 186, and H 187 were introduced, read The question being, "Shall H 100 pass?" the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, There being no objection, the House advanced to the Tenth Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Order of Business. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Second Reading of Bills and Joint Resolutions Malek, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, H 166 and H 174, by Appropriations Committee, were read Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, the second time by title and filed for third reading. Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, H 127, by Business Committee, was read the second time by Mr. Speaker. Total – 59. title and filed for third reading. NAYS – Barrett, Boyle, Harris, McMillan, Mendive, Nielsen, Shepherd, Sims. Total – 8. H 47 and H 50, by Resources and Conservation Committee, Absent and excused – Loertscher, Meline, Wood(27). were read the second time by title and filed for third reading. Total – 3. Total – 70. H 65, by Education Committee, was read the second time by title and filed for third reading. Whereupon the Speaker declared that H 100 passed the House. Title was approved and the bill ordered transmitted to the Senate. Third Reading of Bills and Joint Resolutions Mr. Moyle asked unanimous consent that S 1009 retain its place on the Third Reading Calendar until Monday, February 18, H 86 - TAXES 2013. There being no objection, it was so ordered. H 86 was read the third time at length, section by section, and placed before the House for final consideration. H 89 - PHYSICIAN ASSISTANT ADVISORY At this time, the Speaker recognized Mr. Erpelding to open COMMITTEE debate. H 89 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 86 pass?" At this time, the Speaker recognized Mr. Malek to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Andrus, The question being, "Shall H 89 pass?" Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Roll call resulted as follows: Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Henderson, Holtzclaw, Horman, Kauffman, King, Kloc, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Malek, Mendive, Miller, Monks, Morse, Moyle, Packer, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, Kauffman, King, Kloc, Luker, Malek, McMillan, Mendive, Youngblood, Mr. Speaker. Total – 58. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, NAYS – Anderst, Barbieri, Barrett, Hixon, Luker, McMillan, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Nielsen, Shepherd, Sims. Total – 9. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Absent and excused – Loertscher, Meline, Wood(27). Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, Total – 3. Youngblood, Mr. Speaker. Total – 67. Total – 70. NAYS – None. Absent and excused – Loertscher, Meline, Wood(27). Total – 3. Whereupon the Speaker declared that H 86 passed the House. Total – 70. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 89 passed the House. There being no objection, the House advanced to the Title was approved and the bill ordered transmitted to the Senate. Sixteenth Order of Business. 102 HOUSE JOURNAL February 15, 2013]

Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Monday, February 18, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:38 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 18, 2013 HOUSE JOURNAL 103

HOUSE JOURNAL A House Memorial OF THE WHEREAS, Representative Jack T. Barraclough has passed on since the close of Second Regular Session of the Sixty-first Idaho Legislature; and IDAHO LEGISLATURE WHEREAS, the late Representative Jack T. Barraclough served in this House, in the interest of Bonneville county, during FIRST REGULAR SESSION the Fifty-second through Fifty-eighth Legislatures, covering the SIXTY-SECOND LEGISLATURE years 1993 through 2006. NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the Sixty-second Legislature draw public attention by this Memorial to the life and works of Jack T. Barraclough. FORTY-THIRD LEGISLATIVE DAY BE IT FURTHER RESOLVED that the House of MONDAY, FEBRUARY 18, 2013 Representatives of the Sixty-second Idaho Legislature extend to the bereaved family the heartfelt sympathy of this entire body; and House of Representatives BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby instructed to The House convened at 10:30 a.m., the Speaker in the Chair. spread this Memorial upon the Journal of the House, and to forward copies to the members of the Barraclough family. Roll call showed 69 members present. Absent and excused – Raybould. Total – 1. Representatives Jeff Thompson and Reed DeMordaunt paid Total – 70. tribute to the former Representative Jack T. Barraclough. Prayer was offered by Chaplain Tom Dougherty. ******* The Pledge of Allegiance was led by Andrea Prigge, Page. A House Memorial Approval of Journal WHEREAS, Representative Lyle R. Cobbs has passed on since the close of Second Regular Session of the Sixty-first Idaho February 18, 2013 Legislature; and Mr. Speaker: WHEREAS, the late Representative Lyle R. Cobbs served in We, your COMMITTEE ON JUDICIARY, RULES, AND this House, in the interest of Ada county, during the Thirty-eighth ADMINISTRATION, report that we have read and approved the through Fortieth Legislatures, covering the years 1965 through House Journal of the Fortieth Legislative Day and recommend 1970. that same be adopted as corrected. NOW, THEREFORE, BE IT RESOLVED that the House WILLS, Chairman of Representatives of the Sixty-second Legislature draw public Mr. Wills moved that the report be adopted. Seconded by attention by this Memorial to the life and works of Lyle R. Cobbs. Mr. Burgoyne. Report adopted. BE IT FURTHER RESOLVED that the House of Representatives of the Sixty-second Idaho Legislature extend to At this time, the Speaker put the House at ease. the bereaved family the heartfelt sympathy of this entire body; and MEMORIAL PROGRAM BE IT FURTHER RESOLVED that the Chief Clerk of the Opening Remarks ...... Rep. Marc Gibbs House of Representatives be, and she is hereby instructed to spread this Memorial upon the Journal of the House, and to forward copies to the members of the Cobbs family. Boise State University Meistersingers "America the Beautiful" Representative Lynn M. Luker paid tribute to the former Representative Lyle R. Cobbs. Presentation of Memorials ******* Jack T. Barraclough ...... Rep. Jeff Thompson Rep. Reed DeMordaunt A House Memorial Lyle R. Cobbs ...... Rep. Lynn Luker WHEREAS, Representative Beth Fitzwater has passed on since the close of Second Regular Session of the Sixty-first Idaho Beth Fitzwater...... Rep. Legislature; and Jim Jones...... Rep. Pete Nielsen WHEREAS, the late Representative Beth Fitzwater served in this House, in the interest of Ada county, during the Forty-third Karl E. Koch, Sr...... Rep. Grant Burgoyne Legislature, covering the years 1975 through 1976. NOW, THEREFORE, BE IT RESOLVED that the House Perry Swisher...... Rep. Carolyn Meline of Representatives of the Sixty-second Legislature draw public attention by this Memorial to the life and works of Beth Fitzwater. "Here We Have Idaho" BE IT FURTHER RESOLVED that the House of Benediction Representatives of the Sixty-second Idaho Legislature extend to Boise State University Meistersingers the bereaved family the heartfelt sympathy of this entire body; "God Be in My Head" and 104 HOUSE JOURNAL February 18, 2013]

BE IT FURTHER RESOLVED that the Chief Clerk of the Thirty-second through Thirty-fourth and Forty-third Legislatures, House of Representatives be, and she is hereby instructed to covering the years 1953 through 1958 and 1975 through 1976. spread this Memorial upon the Journal of the House, and to NOW, THEREFORE, BE IT RESOLVED that the House forward copies to the members of the Fitzwater family. of Representatives of the Sixty-second Legislature draw public attention by this Memorial to the life and works of Perry Swisher. Representative Phylis K. King paid tribute to the former BE IT FURTHER RESOLVED that the House of Representative Beth Fitzwater. Representatives of the Sixty-second Idaho Legislature extend to ******* the bereaved family the heartfelt sympathy of this entire body; and A House Memorial BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby instructed to WHEREAS, Representative Jim Jones has passed on since spread this Memorial upon the Journal of the House, and to the close of Second Regular Session of the Sixty-first Idaho forward copies to the members of the Swisher family. Legislature; and WHEREAS, the late Representative Jim Jones served in this Representative Carolyn Meline paid tribute to the former House, in the interest of Elmore and Owyhee counties, during the Representative Perry Swisher. Fifty-fourth Legislature, covering the years 1997 through 1998. NOW, THEREFORE, BE IT RESOLVED that the House ******* of Representatives of the Sixty-second Legislature draw public attention by this Memorial to the life and works of Jim Jones. Prior to going at ease, the House was at the Third Order. BE IT FURTHER RESOLVED that the House of Consideration of Messages from the Representatives of the Sixty-second Idaho Legislature extend to Governor and the Senate the bereaved family the heartfelt sympathy of this entire body; and February 15, 2013 BE IT FURTHER RESOLVED that the Chief Clerk of the Mr. Speaker: House of Representatives be, and she is hereby instructed to I transmit herewith S 1013, S 1031, S 1050, S 1028, S 1076, spread this Memorial upon the Journal of the House, and to and S 1077 which have passed the Senate. forward copies to the members of the Jones family. NOVAK, Secretary Representative Pete Nielsen paid tribute to the former S 1013, S 1031, S 1050, S 1028, S 1076, and S 1077 were Representative Jim Jones. filed for first reading. ******* February 15, 2013 A House Memorial Mr. Speaker: I return herewith H 21, H 25, H 87, H 39, H 85, H 32, H 33, WHEREAS, Representative Karl E. Koch, Sr. has passed on and H 35 which have passed the Senate. since the close of Second Regular Session of the Sixty-first Idaho NOVAK, Secretary Legislature; and WHEREAS, the late Representative Karl E. Koch, Sr. served H 21, H 25, H 87, H 39, H 85, H 32, H 33, and H 35 were in this House, in the interest of Camas, Elmore, Gooding, and referred to the Judiciary, Rules, and Administration Committee Twin Falls counties, during the Thirty-eighth through Forty-first for enrolling. and Forty-third Legislatures, covering the years 1965 through 1972 and 1975 through 1976. February 15, 2013 NOW, THEREFORE, BE IT RESOLVED that the House Mr. Speaker: of Representatives of the Sixty-second Legislature draw I return herewith H 12, as amended in the Senate, which has public attention by this Memorial to the life and works of passed the Senate. Karl E. Koch, Sr. NOVAK, Secretary BE IT FURTHER RESOLVED that the House of H 12, as amended in the Senate, was ordered held at the Representatives of the Sixty-second Idaho Legislature extend to Desk. the bereaved family the heartfelt sympathy of this entire body; and Mr. Dayley asked unanimous consent that the House concur BE IT FURTHER RESOLVED that the Chief Clerk of the in the Senate amendments to H 12, as amended in the Senate. House of Representatives be, and she is hereby instructed to There being no objection, it was so ordered. spread this Memorial upon the Journal of the House, and to forward copies to the members of the Koch family. H 12, as amended in the Senate, was referred to the Judiciary, Rules, and Administration Committee for engrossing. Representative Grant Burgoyne paid tribute to the former Representative Karl E. Koch, Sr. Report of Standing Committees ******* February 18, 2013 A House Memorial Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND WHEREAS, Representative Perry Swisher has passed on ADMINISTRATION, report that we have printed HCR 10, since the close of Second Regular Session of the Sixty-first Idaho H 184, H 185, H 186, and H 187. Legislature; and WILLS, Chairman WHEREAS, the late Representative Perry Swisher served in this House, in the interest of Bannock county, during the HCR 10 was referred to the Health and Welfare Committee. [February 18, 2013 HOUSE JOURNAL 105

H 184, H 186, and H 187 were referred to the Revenue and Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Taxation Committee. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, H 185 was referred to the Environment, Energy, and Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Technology Committee. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, February 18, 2013 Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Mr. Speaker: Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, We, your COMMITTEE ON JUDICIARY, RULES, AND VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), ADMINISTRATION, report that we have enrolled H 19, H 20, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. H 24, and H 52. NAYS – None. WILLS, Chairman Absent and excused – Raybould. Total – 1. Total – 70. The Speaker announced he was about to sign enrolled H 19, H 20, H 24, and H 52 and, when so signed, ordered them Whereupon the Speaker declared that S 1009 passed the transmitted to the Senate for the signature of the President. House. Title was approved and the bill ordered returned to the Senate. There being no objection, the House advanced to the Eighth Order of Business. Introduction, First Reading, and Reference H 166 - APPROPRIATIONS - MILITARY DIVISION of Bills and Joint Resolutions H 166 was read the third time at length, section by section, S 1013, by Health and Welfare Committee, was introduced, and placed before the House for final consideration. read the first time by title, and referred to the Health and Welfare At this time, the Speaker recognized Mr. Eskridge to open Committee. debate. S 1031, by Commerce and Human Resources Committee, The question being, "Shall H 166 pass?" was introduced, read the first time by title, and referred to the Commerce and Human Resources Committee. Roll call resulted as follows: S 1050, by Transportation Committee, was introduced, read AYES – Agidius, Anderson(01), Anderson(31), Anderst, the first time by title, and referred to the Transportation and Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Defense Committee. Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, S 1028, by Education Committee, was introduced, read the Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, first time by title, and referred to the Education Committee. Malek, McMillan, Meline, Mendive, Miller, Morse, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, S 1076 and S 1077, by Finance Committee, were introduced, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, read the first time by title, and filed for second reading. Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, There being no objection, the House advanced to the Tenth Mr. Speaker. Total – 58. Order of Business. NAYS – Barbieri, Barrett, Crane, Gestrin, Harris, Hixon, Monks, Moyle, Sims, Vander Woude, Wood(27). Total – 11. Second Reading of Bills and Joint Resolutions Absent and excused – Raybould. Total – 1. H 180, by Appropriations Committee, was read the second Total – 70. time by title and filed for third reading. Whereupon the Speaker declared that H 166 passed the H 106, by Revenue and Taxation Committee, was read the House. Title was approved and the bill ordered transmitted to second time by title and filed for third reading. the Senate. H 137, by Local Government Committee, was read the second time by title and filed for third reading. H 174 - APPROPRIATIONS - DEPARTMENT OF WATER RESOURCES H 110 and H 112, by Agricultural Affairs Committee, were read the second time by title and filed for third reading. H 174 was read the third time at length, section by section, and placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mr. Eskridge to open debate. S 1009 - EQUALIZATION BOARD APPEALS The question being, "Shall H 174 pass?" S 1009 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Meline to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall S 1009 pass?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, 106 HOUSE JOURNAL February 18, 2013]

Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 50 - HYDROPOWER VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. H 50 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Raybould. Total – 1. Total – 70. At this time, the Speaker recognized Mr. Gibbs to open debate. Whereupon the Speaker declared that H 174 passed the House. Title was approved and the bill ordered transmitted to The question being, "Shall H 50 pass?" the Senate. Roll call resulted as follows: H 127 - OCCUPATIONAL LICENSES AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 127 was read the third time at length, section by section, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, and placed before the House for final consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, At this time, the Speaker recognized Mr. Palmer to open Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, debate. Meline, Mendive, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 127 pass?" Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, NAYS – Miller. Total – 1. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Absent and excused – Raybould. Total – 1. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Total – 70. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Whereupon the Speaker declared that H 50 passed the House. Loertscher, Luker, Meline, Mendive, Miller, Monks, Morse, Title was approved and the bill ordered transmitted to the Senate. Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Mr. Moyle asked unanimous consent that the remaining bill Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, on the Third Reading Calendar retain its place for one legislative Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. day. There being no objection, it was so ordered. Total – 65. NAYS – Barbieri, Barrett, Malek, McMillan. Total – 4. There being no objection, the House advanced to the Absent and excused – Raybould. Total – 1. Sixteenth Order of Business. Total – 70. Adjournment Whereupon the Speaker declared that H 127 passed the House. Title was approved and the bill ordered transmitted to Mr. Moyle moved that the House adjourn until 11 a.m., the Senate. Tuesday, February 19, 2013. Seconded by Mr. Rusche. Motion carried. H 47 - WATERMASTERS Whereupon the Speaker declared the House adjourned at H 47 was read the third time at length, section by section, 11:59 a.m. and placed before the House for final consideration. SCOTT BEDKE, Speaker At this time, the Speaker recognized Mrs. Ward-Engelking ATTEST: to open debate. BONNIE ALEXANDER, Chief Clerk The question being, "Shall H 47 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Raybould. Total – 1. Total – 70. Whereupon the Speaker declared that H 47 passed the House. Title was approved and the bill ordered transmitted to the Senate. [February 19, 2013 HOUSE JOURNAL 107

HOUSE JOURNAL our Lord two thousand and thirteen, and of the Independence of the United States of America, the two hundred and thirty-seventh OF THE year. /s/ C.L. "BUTCH" OTTER IDAHO LEGISLATURE Governor /s/ BEN T. YSURSA FIRST REGULAR SESSION Secretary of State SIXTY-SECOND LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Ken Hall. FORTY-FOURTH LEGISLATIVE DAY TUESDAY, FEBRUARY 19, 2013 February 18, 2013 Mr. Speaker: I return herewith enrolled H 14, H 15, H 22, H 23, and House of Representatives H 37 which have been signed by the President. NOVAK, Secretary The House convened at 11 a.m., the Speaker in the Chair. Enrolled H 14, H 15, H 22, H 23, and H 37 were referred to Roll call showed 69 members present. the Judiciary, Rules, and Administration Committee for delivery Absent and excused – Kauffman. Total – 1. to the Governor. Total – 70. February 18, 2013 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: I return herewith HCR 2 which has passed the Senate. The Pledge of Allegiance was led by Christina Nelson, Page. NOVAK, Secretary HCR 2 was referred to the Judiciary, Rules, and Approval of Journal Administration Committee for enrolling. February 19, 2013 Report of Standing Committees Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND February 19, 2013 ADMINISTRATION, report that we have read and approved the Mr. Speaker: House Journal of the Forty-third Legislative Day and recommend We, your COMMITTEE ON JUDICIARY, RULES, AND that same be adopted as corrected. ADMINISTRATION, report that we have enrolled H 21, H 25, WILLS, Chairman H 87, H 39, H 85, H 32, H 33, and H 35. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. The Speaker announced he was about to sign enrolled H 21, H 25, H 87, H 39, H 85, H 32, H 33, and H 35 and, when so signed, ordered them transmitted to the Senate for the signature Consideration of Messages from the of the President. Governor and the Senate February 19, 2013 THE OFFICE OF THE GOVERNOR Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have engrossed H 12, as CERTIFICATE OF APPOINTMENT amended in the Senate. WILLS, Chairman KNOW ALL MEN, that pursuant to the provisions H 12, as amended in the Senate, was filed for first reading of of Section 59-917, Idaho Code, JOAN E. WOOD, State engrossed bills. Representative, District 35, Seat A, Jefferson County, State of Idaho, has nominated, KEN HALL, of Terreton, ID, to February 18, 2013 perform the duties of this office temporarily as Acting State Mr. Speaker: Representative, District 35, Seat A. We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration H 140 and H 141 and NOW, THEREFORE, I, C.L. "BUTCH" OTTER, recommend that they do pass. Governor of the State of Idaho, by virtue of the authority vested COLLINS, Chairman in me do hereby appoint Ken Hall of Terreton, Idaho, to the H 140 and H 141 were filed for second reading. office of Acting State Representative, District 35, Seat A, for a term commencing February 19, 2013, and continuing until such February 18, 2013 time as Representative Wood is able to resume her duties. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we IN TESTIMONY WHEREOF, I have hereunto set my hand have had under consideration H 163, H 177, and S 1027 and and caused to be affixed the Great Seal of the State of Idaho at recommend that they do pass. the Capitol in Boise on this 18th day of February, in the year of DEMORDAUNT, Chairman 108 HOUSE JOURNAL February 19, 2013]

H 163, H 177, and S 1027 were filed for second reading. MENTALLY ILL PATIENT IN AN EMERGENCY WITHOUT A HEARING; AND AMENDING SECTION 66-329, IDAHO February 18, 2013 CODE, TO PROVIDE THAT CERTAIN HEALTH CARE Mr. Speaker: PROFESSIONALS MAY COMMENCE PROCEEDINGS We, your COMMITTEE ON HEALTH AND WELFARE, FOR THE INVOLUNTARY CARE AND TREATMENT OF report that we have had under consideration H 109 and MENTALLY ILL PERSONS BY THE DEPARTMENT OF S 1010 and recommend that they do pass. HEALTH AND WELFARE AND TO MAKE A TECHNICAL WOOD(27), Chairman CORRECTION. H 109 and S 1010 were filed for second reading. HOUSE BILL NO. 190 February 18, 2013 BY HEALTH AND WELFARE COMMITTEE Mr. Speaker: AN ACT We, your COMMITTEE ON STATE AFFAIRS, report RELATING TO THE HEALTH CARE PROFESSIONAL that we have had under consideration H 107 and H 161 and TRANSPARENCY ACT; AMENDING TITLE 48, IDAHO recommend that they do pass. CODE, BY THE ADDITION OF A NEW CHAPTER LOERTSCHER, Chairman 17, TITLE 48, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE H 107 and H 161 were filed for second reading. TERMS, TO PROVIDE HEALTH CARE PRACTITIONER February 18, 2013 TRANSPARENCY REQUIREMENTS AND TO PROVIDE Mr. Speaker: FOR VIOLATIONS AND ENFORCEMENT; AND We, your COMMITTEE ON TRANSPORTATION AND PROVIDING AN EFFECTIVE DATE. DEFENSE, report that we have had under consideration H 167, H 169, and HCR 7 and recommend that they do pass. HOUSE BILL NO. 191 PALMER, Chairman BY HEALTH AND WELFARE COMMITTEE AN ACT H 167, H 169, and HCR 7 were filed for second reading. RELATING TO MINORS; AMENDING CHAPTER 15, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW February 18, 2013 SECTION 18-1524, IDAHO CODE, TO DEFINE TERMS, TO Mr. Speaker: PROVIDE FOR EXCEPTIONS, TO PROHIBIT OR LIMIT THE We, your COMMITTEE ON AGRICULTURAL AFFAIRS, USE OF TANNING DEVICES BY MINORS, TO PROVIDE report that we have had under consideration H 96 and H 97 and FOR EXCEPTIONS, TO PROHIBIT A TANNING FACILITY recommend that they do pass. FROM CLAIMING THAT USE OF TANNING DEVICES IS ANDRUS, Chairman FREE FROM RISK, TO PROVIDE FOR PENALTIES AND H 96 and H 97 were filed for second reading. TO PROVIDE A SCOPE FOR LOCAL GOVERNMENTS.

There being no objection, the House advanced to the Eighth HOUSE BILL NO. 192 Order of Business. BY STATE AFFAIRS COMMITTEE Introduction, First Reading, and Reference AN ACT of Bills and Joint Resolutions RELATING TO LICENSES TO CARRY CONCEALED WEAPONS; AMENDING SECTION 18-3302, IDAHO HOUSE BILL NO. 188 CODE, TO REVISE RENEWAL AND FEE PROVISIONS BY HEALTH AND WELFARE COMMITTEE FOR LICENSES TO CARRY CONCEALED WEAPONS; AN ACT AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY RELATING TO PATIENT CARE RECORDS; AMENDING THE ADDITION OF A NEW SECTION 18-3302K, IDAHO SECTION 39-1394, IDAHO CODE, TO PROVIDE THAT CODE, TO PROVIDE FOR THE ISSUANCE OF ENHANCED A PRACTITIONER WHO IS NOT THE AUTHOR OF AN LICENSES TO CARRY CONCEALED WEAPONS, TO ORDER BUT WHO IS RESPONSIBLE FOR THE CARE OF PROVIDE FEES, TO PROVIDE PROCEDURES, TO A PATIENT MAY AUTHENTICATE AN ORDER AND TO PROVIDE DUTIES OF THE IDAHO STATE POLICE PROVIDE THAT EACH HOSPITAL MUST HAVE A POLICY AND THE ATTORNEY GENERAL AND TO PROVIDE TO ASSURE TIMELY AUTHENTICATION OF ORDERS BY APPLICATION; AMENDING SECTION 9-340B, IDAHO A PRACTITIONER WHO IS NOT THE AUTHOR OF AN CODE, TO PROVIDE REFERENCE TO ADDITIONAL ORDER. RECORDS THAT ARE EXEMPT FROM DISCLOSURE WITH EXCEPTIONS; AND PROVIDING SEVERABILITY. HOUSE BILL NO. 189 BY HEALTH AND WELFARE COMMITTEE HOUSE BILL NO. 193 AN ACT BY STATE AFFAIRS COMMITTEE RELATING TO HOSPITALIZATION OF THE AN ACT MENTALLY ILL; AMENDING SECTION 16-2411, IDAHO RELATING TO PREPAID WIRELESS CODE, TO PROVIDE THAT A MINOR WHO IS SUFFERING TELECOMMUNICATIONS SERVICE EMERGENCY FROM A SERIOUS EMOTIONAL DISTURBANCE AND COMMUNICATIONS FEES; AMENDING SECTION 31-4809, POSES A DANGER TO HIMSELF OR OTHERS MAY IDAHO CODE, TO PROVIDE THAT CERTAIN FEES SHALL BE TEMPORARILY DETAINED BY A HEALTH CARE BE DEPOSITED INTO DESIGNATED EMERGENCY PROFESSIONAL WITHOUT A HEARING AND TO MAKE COMMUNICATIONS FUNDS; AMENDING SECTION A TECHNICAL CORRECTION; AMENDING SECTION 31-4813, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE 66-326, IDAHO CODE, TO PROVIDE THAT HEALTH FOR THE IMPOSITION OF PREPAID WIRELESS E911 CARE PROFESSIONALS MAY TEMPORARILY DETAIN A FEES, TO PROVIDE FOR THE COLLECTION OF FEES, [February 19, 2013 HOUSE JOURNAL 109

TO PROVIDE FOR THE DISCLOSURE OF FEES, TO Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, CLARIFY THOSE RETAIL TRANSACTIONS TREATED AS Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, OCCURRING IN THE STATE OF IDAHO, TO SPECIFY Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), CONSUMER AND SELLER LIABILITY, TO PROVIDE Woodings, Youngblood, Mr. Speaker. Total – 69. THAT FEES SHALL NOT BE INCLUDED IN THE BASE NAYS – None. FOR MEASURING ANY CHARGES IMPOSED BY THE Absent and excused – Kauffman. Total – 1. STATE, POLITICAL SUBDIVISION OF THE STATE Total – 70. OR INTERGOVERNMENTAL AGENCY, TO PROVIDE FOR THE INCREASE OR REDUCTION OF FEES, TO Whereupon the Speaker declared that H 65 passed the House. PROVIDE FOR THE APPLICATION OF THE IMPOSED Title was approved and the bill ordered transmitted to the Senate. PERCENTAGE BY THE SELLER, TO PROVIDE FOR THE REMITTANCE OF FEES TO THE IDAHO STATE H 180 - APPROPRIATIONS - HEALTH AND WELFARE TAX COMMISSION, TO PROVIDE THAT THE IDAHO DEPARTMENT - WELFARE DIVISION STATE TAX COMMISSION SHALL ESTABLISH CERTAIN PROCEDURES, TO PROVIDE FOR SELLER RETENTION H 180 was read the third time at length, section by section, OF A PERCENTAGE OF FEES, TO PROVIDE FOR THE and placed before the House for final consideration. APPLICABILITY OF SPECIFIED AUDIT AND APPEAL At this time, the Speaker recognized Ms. Stevenson to open PROCEDURES, TO PROVIDE THAT THE IDAHO STATE debate. TAX COMMISSION SHALL PAY REMITTED FEES OVER TO THE IDAHO EMERGENCY COMMUNICATIONS FUND, The question being, "Shall H 180 pass?" TO PROVIDE FOR RETENTION OF A PERCENTAGE OF FEES BY THE IDAHO STATE TAX COMMISSION, TO Roll call resulted as follows: RESTRICT CERTAIN LIABILITY, TO PROVIDE FOR THE AYES – Agidius, Anderson(01), Anderson(31), Anderst, APPLICABILITY OF SPECIFIED LIABILITY PROVISIONS Andrus, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, AND TO PROHIBIT THE IMPOSITION OF ADDITIONAL DeMordaunt, Erpelding, Eskridge, Gannon, Gibbs, Hancey, E911 FUNDING OBLIGATIONS; AND AMENDING Henderson, Hixon, Horman, King, Kloc, Loertscher, Malek, SECTION 31-4818, IDAHO CODE, TO PROVIDE THAT THE Meline, Miller, Moyle, Packer, Palmer, Pence, Perry, Raybould, IDAHO EMERGENCY COMMUNICATIONS FUND SHALL Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, INCLUDE MONEYS FROM SPECIFIED FEES AND TO VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), PROVIDE FOR THE DISTRIBUTION OF CERTAIN FUNDS; Woodings, Youngblood, Mr. Speaker. Total – 48. AND PROVIDING AN EFFECTIVE DATE. NAYS – Barbieri, Barrett, Bateman, Boyle, Dayley, Denney, Gestrin, Harris, Hartgen, Holtzclaw, Luker, McMillan, Mendive, H 188, H 189, H 190, H 191, H 192, and H 193 were Monks, Morse, Nielsen, Patterson, Shepherd, Sims, Trujillo, introduced, read the first time by title, and referred to the Wood(Hall). Total – 21. Judiciary, Rules, and Administration Committee for printing. Absent and excused – Kauffman. Total – 1. Total – 70. First Reading of Engrossed Bills Whereupon the Speaker declared that H 180 passed the H 12, as amended in the Senate, by Revenue and Taxation House. Title was approved and the bill ordered transmitted to Committee, was introduced, read the first time by title, and filed the Senate. for second reading. Mr. Moyle asked unanimous consent that the remaining Second Reading of Bills and Joint Resolutions bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. S 1076 and S 1077, by Finance Committee, were read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. Third Reading of Bills and Joint Resolutions Adjournment H 65 - EDUCATION Mr. Moyle moved that the House adjourn until 11 a.m., H 65 was read the third time at length, section by section, Wednesday, February 20, 2013. Seconded by Mr. Rusche. Motion and placed before the House for final consideration. carried. At this time, the Speaker recognized Mr. DeMordaunt to Whereupon the Speaker declared the House adjourned at open debate. 12:01 p.m. SCOTT BEDKE, Speaker The question being, "Shall H 65 pass?" ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, 110 HOUSE JOURNAL February 20, 2013]

HOUSE JOURNAL February 19, 2013 Mr. Speaker: OF THE I return herewith enrolled H 19, H 20, H 24, H 52, H 21, H 25, H 87, H 39, H 85, H 32, H 33, and H 35 which have been signed by the President. IDAHO LEGISLATURE NOVAK, Secretary FIRST REGULAR SESSION Enrolled H 19, H 20, H 24, H 52, H 21, H 25, H 87, H 39, SIXTY-SECOND LEGISLATURE H 85, H 32, H 33, and H 35 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. February 19, 2013 Mr. Speaker: I transmit herewith S 1049, S 1055, S 1003, as amended, and FORTY-FIFTH LEGISLATIVE DAY S 1033, as amended, which have passed the Senate. WEDNESDAY, FEBRUARY 20, 2013 NOVAK, Secretary S 1049, S 1055, S 1003, as amended, and S 1033, as House of Representatives amended, were filed for first reading. The House convened at 11 a.m., the Speaker in the Chair. February 19, 2013 Roll call showed 69 members present. Mr. Speaker: Absent and excused – DeMordaunt. Total – 1. I return herewith H 115, H 40, H 81, H 84, H 83, and Total – 70. H 17 which have passed the Senate. NOVAK, Secretary Prayer was offered by Chaplain Tom Dougherty. H 115, H 40, H 81, H 84, H 83, and H 17 were referred to The Pledge of Allegiance was led by Esther Frederick, Page. the Judiciary, Rules, and Administration Committee for enrolling. Approval of Journal Report of Standing Committees February 20, 2013 February 20, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved ADMINISTRATION, report that we have printed H 188, H 189, the House Journal of the Forty-fourth Legislative Day and H 190, H 191, H 192, and H 193. recommend that same be adopted as corrected. WILLS, Chairman WILLS, Chairman H 188, H 189, H 190, and H 191 were referred to the Health Mr. Wills moved that the report be adopted. Seconded by and Welfare Committee. Mr. Burgoyne. Report adopted. H 192 and H 193 were referred to the State Affairs Consideration of Messages from the Committee. Governor and the Senate February 20, 2013 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 2. February 19, 2013 WILLS, Chairman The Honorable Scott Bedke The Speaker announced he was about to sign enrolled Speaker of the House HCR 2 and, when so signed, ordered it transmitted to the Senate for the signature of the President. Dear Mr. Speaker: I have the honor to advise you that I have signed today and February 20, 2013 am transmitting to the Secretary of State the following House Mr. Speaker: bills, to wit: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled H 5 and H 16 H 14, H 15, H 22, H 23, and H 37 to the Governor at 1:20 p.m., As Always - Idaho, "Esto Perpetua" as of this date, February 19, 2013. /s/ C.L. "Butch" Otter WILLS, Chairman Governor February 19, 2013 February 19, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report I transmit herewith enrolled S 1009 for the signature of the that we have had under consideration H 90 and report it back Speaker. with amendments attached to be placed on General Orders for NOVAK, Secretary consideration. LOERTSCHER, Chairman The Speaker announced he was about to sign enrolled S 1009 and, when so signed, ordered it returned to the Senate. H 90 was placed on General Orders for consideration. [February 20, 2013 HOUSE JOURNAL 111

February 19, 2013 Idaho Code, in the event that the Legislature finds that the rules Mr. Speaker: are not consistent with legislative intent; and We, your COMMITTEE ON EDUCATION, report that we WHEREAS, it is the finding of the Legislature that a certain have had under consideration S 1028 and recommend that it do rule docket of the Idaho State Lottery Commission relating to pass. Rules Governing Operations of the Idaho State Lottery is not DEMORDAUNT, Chairman consistent with legislative intent and should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of S 1028 was filed for second reading. the First Regular Session of the Sixty-second Idaho Legislature, February 19, 2013 the House of Representatives and the Senate concurring therein, Mr. Speaker: that IDAPA 52.01.03, Idaho State Lottery Commission, Rules We, your COMMITTEE ON JUDICIARY, RULES, Governing Operations of the Idaho State Lottery, adopted as a AND ADMINISTRATION, report that we have had under pending rule under Docket Number 52-0103-1203, the entire consideration H 153, S 1016, and S 1017 and recommend that rulemaking docket, be, and the same is hereby rejected and they do pass. declared null, void and of no force and effect. WILLS, Chairman HCR 11 was introduced, read the first time by title, and H 153, S 1016, and S 1017 were filed for second reading. referred to the Judiciary, Rules, and Administration Committee for printing. February 19, 2013 Mr. Speaker: Introduction, First Reading, and Reference We, your COMMITTEE ON COMMERCE AND HUMAN of Bills and Joint Resolutions RESOURCES, report that we have had under consideration H 91 and report it back with amendments attached to be placed House of Representatives on General Orders for consideration. State of Idaho HARTGEN, Chairman February 11, 2013 H 91 was placed on General Orders for consideration. The Honorable Frank N. Henderson, Chairman Business Committee February 19, 2013 Mr. Speaker: Dear Representative Henderson: We, your COMMITTEE ON RESOURCES AND CONSERVATION, report that we have had under consideration Pursuant to House Rule 24, I am designating the Business H 93, H 128, H 129, H 130, and H 132 and recommend that Committee as a privileged committee on Tuesday, February 19, they do pass. 2013, for the purpose of hearing additional proposed legislation. DENNEY, Chairman Sincerely, H 93, H 128, H 129, H 130, and H 132 were filed for second /s/ Scott Bedke reading. Speaker of the House

HOUSE BILL NO. 194 February 20, 2013 BY STATE AFFAIRS COMMITTEE Mr. Speaker: AN ACT We, your COMMITTEE ON REVENUE AND TAXATION, RELATING TO WORKER'S COMPENSATION; report that we have had under consideration H 139 and AMENDING SECTION 72-438, IDAHO CODE, TO PROVIDE recommend that it do pass. THAT COMPENSATION SHALL BE PAYABLE FOR COLLINS, Chairman DISABILITY OR DEATH RESULTING FROM CERTAIN H 139 was filed for second reading. FIREFIGHTER OCCUPATIONAL DISEASES, TO DEFINE A TERM, TO PROVIDE A REBUTTABLE PRESUMPTION There being no objection, the House advanced to the Seventh OF PROXIMATE CAUSATION BETWEEN SPECIFIED Order of Business. DISEASES AND EMPLOYMENT AS A FIREFIGHTER, TO PROVIDE FOR REBUTTAL OF THE PRESUMPTION, TO PROVIDE FOR THE DEMONSTRATION OF CAUSAL Motions, Memorials, and Resolutions CONNECTION, TO PROVIDE THAT THE PRESUMPTION SHALL NOT APPLY UNDER CERTAIN CIRCUMSTANCES HOUSE CONCURRENT RESOLUTION NO. 11 AND TO MAKE A TECHNICAL CORRECTION. BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION HOUSE BILL NO. 195 STATING FINDINGS OF THE LEGISLATURE AND BY STATE AFFAIRS COMMITTEE REJECTING A CERTAIN RULE DOCKET OF THE IDAHO AN ACT STATE LOTTERY COMMISSION RELATING TO RULES RELATING TO THE RETAIL SALE OF LIQUOR BY GOVERNING OPERATIONS OF THE IDAHO STATE THE DRINK; AMENDING SECTION 23-903, IDAHO CODE, LOTTERY. TO PROVIDE FOR THE ISSUANCE OF A CERTAIN LICENSE TO THE OWNER, OPERATOR OR LESSEE OF A Be It Resolved by the Legislature of the State of Idaho: RESTAURANT LOCATED WITHIN THE INCORPORATED WHEREAS, the Legislature is vested with authority to reject LIMITS OF A RESORT CITY UPON CERTAIN CONDITIONS executive agency rules under the provisions of Section 67-5291, AND TO MAKE TECHNICAL CORRECTIONS. 112 HOUSE JOURNAL February 20, 2013]

HOUSE BILL NO. 196 SECTION 41-706, IDAHO CODE, TO PROVIDE CORRECT BY BUSINESS COMMITTEE CODE REFERENCES AND TO MAKE TECHNICAL AN ACT CORRECTIONS; AMENDING SECTION 41-714, IDAHO RELATING TO CREDITS FOR ASSESSMENTS PAID; CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 41-3616, IDAHO CODE, TO AMENDING SECTION 41-715, IDAHO CODE, TO PROVIDE REVISE A PROVISION RELATING TO THE TIMING A CORRECT CODE REFERENCE AND TO MAKE OF PERMITTED IDAHO PREMIUM TAX OFFSETS TECHNICAL CORRECTIONS; AMENDING SECTION BY MEMBER INSURERS AND TO PROVIDE FOR AN 41-731, IDAHO CODE, TO PROVIDE A CORRECT OFFSET AGAINST PREMIUM TAX LIABILITY TO CODE REFERENCE; AMENDING SECTION 41-733, THE INDUSTRIAL ADMINISTRATION FUND FOR AN IDAHO CODE, TO PROVIDE A CORRECT CODE INSURER THAT IS EXEMPT FROM THE PREMIUM TAX; REFERENCE; AMENDING SECTIONS 41-901 AND AND AMENDING SECTION 41-4313, IDAHO CODE, TO 41-1702, IDAHO CODE, TO PROVIDE A CORRECT REVISE A PROVISION RELATING TO THE TIMING CODE REFERENCE AND TO MAKE TECHNICAL OF PERMITTED IDAHO PREMIUM TAX OFFSETS BY CORRECTIONS; AMENDING SECTION 41-1951, IDAHO MEMBER INSURERS AND TO REMOVE REDUNDANT CODE, TO PROVIDE A CORRECT CODE REFERENCE, LANGUAGE. TO PROVIDE A CORRECT CITE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING HOUSE BILL NO. 197 SECTION 41-2857, IDAHO CODE, TO PROVIDE CORRECT BY BUSINESS COMMITTEE CODE REFERENCES AND TO MAKE TECHNICAL AN ACT CORRECTIONS; AMENDING SECTION 41-3312, IDAHO RELATING TO INSURANCE HOLDING COMPANY CODE, TO PROVIDE A CORRECT CODE REFERENCE AND SYSTEMS; REPEALING CHAPTER 38, TITLE 41, IDAHO TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CODE, RELATING TO INSURANCE HOLDING COMPANY SECTIONS 41-4703 AND 41-5203, IDAHO CODE, TO SYSTEMS; AMENDING TITLE 41, IDAHO CODE, BY THE PROVIDE A CORRECT CODE REFERENCE. ADDITION OF A NEW CHAPTER 38, TITLE 41, IDAHO CODE, TO STATE THE PURPOSE, TO DEFINE TERMS, HOUSE BILL NO. 198 TO PROVIDE FOR INVESTMENT IN SUBSIDIARIES, BY BUSINESS COMMITTEE TO PROVIDE FOR THE FILING OF A STATEMENT AN ACT PRIOR TO A MERGER OR CHANGE IN CONTROL OR RELATING TO DELIVERY OF INSURANCE POLICIES DIVESTITURE OF CONTROLLING INTEREST OF A BY INSURERS; AMENDING SECTION 41-1824, IDAHO DOMESTIC INSURER, TO PROVIDE FOR A SIMILAR CODE, TO PROVIDE ALTERNATIVE MEANS OF STATEMENT PRIOR TO ANY INVITATION FOR A TENDER DELIVERY OF PROPERTY AND CASUALTY INSURANCE OFFER OF CONTROL, TO PROVIDE FOR THE APPROVAL POLICIES AND ENDORSEMENTS THAT DO NOT OR DISAPPROVAL OF A MERGER OR CHANGE IN CONTAIN PERSONALLY IDENTIFIABLE INFORMATION CONTROL AND ESTABLISH THE PROCEDURE OF TO THE INSURED, TO PROVIDE CONDITIONS FOR SUCH HEARINGS, TO PROVIDE FOR NOTICE OF ANY ALTERNATIVE DELIVERY AND TO MAKE A TECHNICAL HEARING FROM THE INSURER TO ITS SHAREHOLDERS, CORRECTION. TO PROVIDE FOR PREACQUISITION NOTICE OF A CHANGE IN CONTROL OF OTHER INSURERS AND HOUSE BILL NO. 199 EXEMPTIONS, TO PROVIDE FOR REGISTRATION OF BY BUSINESS COMMITTEE HOLDING COMPANY SYSTEMS BY INSURERS, TO AN ACT PROVIDE FOR STANDARDS AND MANAGEMENT RELATING TO SELF-FUNDED HEALTH CARE CONCERNING TRANSACTIONS WITHIN AN INSURANCE PLANS; AMENDING SECTION 41-4001, IDAHO CODE, HOLDING COMPANY SYSTEM, TO PROVIDE FOR TO REVISE THE DECLARATION OF PURPOSE AND TO GUIDANCE ON DETERMINING THE REASONABLENESS PROVIDE FOR THE INCLUSION OF POSTSECONDARY AND ADEQUACY OF AN INSURER'S SURPLUS, EDUCATIONAL INSTITUTIONS; AMENDING SECTION TO REQUIRE ADVANCE NOTICE OF DIVIDENDS 41-4002, IDAHO CODE, TO REVISE DEFINITIONS AND TO AND DISTRIBUTIONS, TO PROVIDE MANAGEMENT DEFINE TERMS; AMENDING SECTION 41-4003, IDAHO GUIDELINES OF DOMESTIC INSURERS AND TO CODE, TO REVISE PROVISIONS RELATING TO THE PROVIDE AN EXEMPTION, TO PROVIDE EXAMINATION REGISTRATION OF PLANS, TO REVISE PROVISIONS AUTHORITY, TO AUTHORIZE THE DIRECTOR TO RELATING TO EXCEPTIONS TO REGISTRATION, TO PARTICIPATE IN SUPERVISORY COLLEGES WITH OTHER PROVIDE THAT CERTAIN PLANS OFFERING ONLY REGULATORS, TO PROVIDE FOR CONFIDENTIAL DENTAL AND/OR VISION BENEFITS SHALL NOT BE TREATMENT OF RECORDS AND TO AUTHORIZE THE REQUIRED TO REGISTER, TO PROVIDE FOR PLANS DIRECTOR TO SHARE SUCH RECORDS, TO PROVIDE ENGAGED IN BUSINESS WITHOUT AUTHORIZATION, FOR RULEMAKING AUTHORITY, TO AUTHORIZE TO PROVIDE THAT CERTAIN PLANS SHALL BE SUBJECT THE DIRECTOR TO SEEK INJUNCTIVE RELIEF AND TO ALL SANCTIONS PROVIDED BY LAW, TO PROVIDE TO PROVIDE FOR LIMITS ON VOTING SECURITIES, FOR SPECIFIED NOTICE TO STUDENT PARTICIPANTS TO PROVIDE FOR SANCTIONS, TO AUTHORIZE AND PROSPECTIVE STUDENT PARTICIPANTS AND RECEIVERSHIP, TO AUTHORIZE RECOVERY OF TO PROVIDE CERTAIN RESTRICTIONS FOR PLANS DISTRIBUTIONS OR PAYMENTS BY THE DIRECTOR, RELATING TO OPERATION AND REGISTRATION; TO AUTHORIZE ACTION AGAINST AN INSURER'S AMENDING SECTION 41-4004, IDAHO CODE, TO CERTIFICATE OF AUTHORITY, TO PROVIDE FOR PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF JUDICIAL REVIEW AND MANDAMUS, TO PROVIDE INSURANCE FROM REGISTERING ANY SELF-FUNDED FOR MUTUAL INSURANCE HOLDING COMPANIES, PLAN UNLESS SPECIFIED REQUIREMENTS ARE MET, AND TO PROVIDE FOR SEVERABILITY; AMENDING TO REVISE AND TO PROVIDE SUCH REQUIREMENTS, [February 20, 2013 HOUSE JOURNAL 113

TO REQUIRE THE TRUSTEE TO FILE SPECIFIED STATEMENTS AND CERTIFIED ACTUARIAL OPINION DOCUMENTS WITH THE DIRECTOR AND TO REQUIRE WITH THE DIRECTOR AND TO PROVIDE FOR THE THE TRUSTEE TO NOTIFY THE DIRECTOR IF THE FILING OF PERIODIC SUPPLEMENTAL UNAUDITED SURPLUS OF THE TRUST FALLS BELOW THE MINIMUM FINANCIAL REPORTS; AMENDING SECTION 41-4012, SURPLUS REQUIREMENTS; AMENDING SECTION IDAHO CODE, TO REVISE AND TO PROVIDE FOR TAXES, 41-4005, IDAHO CODE, TO REVISE AND TO PROVIDE TO PROVIDE FOR BACK TAXES AND SANCTIONS, TO FOR APPLICATIONS FOR REGISTRATION, TO REVISE PROVIDE FOR PREEMPTION RELATING TO CERTAIN AND TO PROVIDE FOR DOCUMENTS THAT ARE TO TAXES, TO PROVIDE THAT SPECIFIED TAXES AND FEES ACCOMPANY APPLICATIONS AND TO REMOVE A SHALL BE IN LIEU OF INCOME AND EXCISE TAXES, DEFINITION; AMENDING SECTION 41-4006, IDAHO LICENSE AND FEES PAYABLE TO THE STATE AND CODE, TO REVISE AND TO PROVIDE FOR ACTION UPON TO REVISE PROVISIONS RELATING TO REMITTANCE APPLICATIONS BY THE DIRECTOR, TO REMOVE A OF TAX PAYMENTS BY THE DIRECTOR; AMENDING PROVISION RELATING TO CHALLENGES OF REFUSALS SECTION 41-4013, IDAHO CODE, TO REVISE AND TO REGISTER, TO REVISE PROVISIONS RELATING TO PROVIDE FOR THE EXAMINATION OF BOOKS, TO INVESTIGATION BY THE DIRECTOR, TO REVISE RECORDS, ACCOUNTS AND AFFAIRS OF SELF-FUNDED PROVISIONS RELATING TO THE ISSUANCE AND PLANS, TO REVISE PROVISIONS RELATING TO THE DELIVERY OF CERTIFICATES OF REGISTRATION, TO EXAMINER'S REPORT AND TO REVISE PROVISIONS REMOVE A PROVISION RELATING TO REFUSAL TO RELATING TO RECOMMENDED CORRECTIONS OR REGISTER AND NOTICE OF REFUSAL, TO PROVIDE CHANGES BY THE TRUSTEE; AMENDING SECTION FOR NOTICES OF DENIAL OF REGISTRATION, TO 41-4014, IDAHO CODE, TO REVISE AND TO PROVIDE PROVIDE FOR REQUESTS FOR HEARING AND TO FOR TRUSTEES, TO PROVIDE THAT A POSTSECONDARY PROVIDE THAT FAILURE TO REQUEST A HEARING EDUCATIONAL INSTITUTION AS A PLAN SPONSOR WITHIN A SPECIFIED TIME SHALL BE DEEMED OF A SELF-FUNDED PLAN SHALL BE NEITHER A A WAIVER OF THE OPPORTUNITY FOR HEARING; TRUSTEE NOR AN ADMINISTRATOR OF SUCH PLAN, AMENDING SECTION 41-4007, IDAHO CODE, TO TO REVISE AN EXCEPTION PROVISION RELATING REVISE VERBIAGE RELATING TO THE AUTHORITY TO TRUSTEES AND ADMINISTRATORS, TO REMOVE OF TRUST FUNDS; AMENDING SECTION 41-4008, A PROVISION RELATING TO CERTAIN LICENSURE, IDAHO CODE, TO REVISE PROVISIONS RELATING TO REVISE PROVISIONS RELATING TO FIDELITY TO LIABILITY, TO REVISE PROVISIONS RELATING BONDS OR SIMILAR COVERAGE AND TO PROVIDE TO FIDUCIARY FUNDS, TO REMOVE A PROVISION THAT ADMINISTRATORS MUST BE LICENSED AND RELATING TO AN EXCEPTION TO THE PROHIBITION BONDED; AMENDING SECTION 41-4015, IDAHO CODE, ON GARNISHMENT OR LEVY AND TO PROVIDE FOR TO REVISE AND TO PROVIDE FOR PROHIBITED THE DEPOSIT AND HOLDING OF CERTAIN MONEYS; PECUNIARY INTERESTS IN PLAN MANAGEMENT AND AMENDING SECTION 41-4009, IDAHO CODE, TO REVISE TO REVISE PROVISIONS RELATING TO THE REMOVAL PROVISIONS RELATING TO THE INVESTMENT OF OF OR IMPOSITION OF RESTRICTIONS ON TRUSTEES; TRUST FUNDS, TO REVISE PROVISIONS RELATING AMENDING SECTION 41-4017, IDAHO CODE, TO REVISE TO THE PROHIBITION OF CERTAIN INVESTMENTS, PROVISIONS RELATING TO THE DEPLETION OF FUNDS TO REMOVE AN EXCEPTION TO THE PROHIBITION AND TO PROVIDE FOR SANCTIONS; AMENDING OF CERTAIN INVESTMENTS, TO PROVIDE THAT THE SECTION 41-4018, IDAHO CODE, TO REVISE AND TO INTEREST AND YIELD ON INVESTMENTS SHALL PROVIDE FOR TERMINATIONS OF REGISTRATION; INURE TO THE BENEFIT OF THE TRUST FUND, TO AMENDING SECTION 41-4019, IDAHO CODE, TO REVISE ADDITIONAL REQUIREMENTS RELATING TO REVISE LIQUIDATION PROVISIONS, TO PROVIDE INVESTMENTS, TO REVISE PENALTY PROVISIONS AND FOR APPROVAL OF LIQUIDATION PLANS BY THE TO MAKE A TECHNICAL CORRECTION; AMENDING DIRECTOR, TO REVISE PROVISIONS RELATING TO SECTION 41-4010, IDAHO CODE, TO REVISE AND ASSUMPTION OF UNPAID CLAIMS AND OBLIGATIONS, TO PROVIDE FOR RESERVES, TO PROVIDE THAT TO PROVIDE FOR THE SUBMISSION OF THIRD-PARTY CONTRIBUTION DEFICIENCY RESERVES SHALL CONTRACTS TO THE DEPARTMENT AND TO PROVIDE CONSTITUTE LIABILITIES, TO REVISE SURPLUS FOR THE APPLICABILITY OF SPECIFIED STATUTES AND PROVISIONS, TO PROVIDE FOR SURPLUS NOTES, TO RULES; AMENDING SECTION 41-4020, IDAHO CODE, PROVIDE THAT CERTAIN FUNDING CANNOT BE IN THE TO REVISE VERBIAGE RELATING TO RULEMAKING; FORM OF PREPAID CONTRIBUTIONS OR OTHER LOAN AMENDING SECTION 41-4021, IDAHO CODE, TO SPECIFY OR ASSOCIATED WITH AN OFFSETTING LIABILITY, TO APPLICABLE LAW; AMENDING SECTION 41-4022, IDAHO PROVIDE FOR THE TIME IN WHICH PLANS MUST MEET CODE, TO REVISE AND TO PROVIDE FOR PENALTIES, TO SURPLUS REQUIREMENTS AND TO PROVIDE THAT PROVIDE FOR SPECIFIED DISCRETIONARY ACTION BY TRUST FUNDS SHALL MAINTAIN MINIMUM SURPLUS THE DIRECTOR IN ADDITION TO PENALTY PROVISIONS REQUIREMENTS AT ALL TIMES THROUGHOUT THE AND TO MAKE A TECHNICAL CORRECTION; AND YEAR; AMENDING SECTION 41-4011, IDAHO CODE, AMENDING SECTION 41-4023, IDAHO CODE, TO REVISE TO REVISE AND TO PROVIDE FOR RECORDS AND COVERAGE PROVISIONS AND TO MAKE TECHNICAL ACCOUNTS, TO PROVIDE THAT AUDITS OF THE PLAN CORRECTIONS. OR TRUST SHALL BE COMPLETED INDEPENDENT OF ANY OTHER ENTITY, TO REVISE AND TO PROVIDE FOR HOUSE BILL NO. 200 ANNUAL STATEMENTS, TO PROVIDE FOR CERTIFIED BY REVENUE AND TAXATION COMMITTEE ACTUARIAL OPINIONS, TO PROVIDE FOR THE MANNER AN ACT IN WHICH THE STATEMENT SHALL BE PREPARED, RELATING TO FIRE PROTECTION DISTRICTS; TO PROVIDE FOR RETENTION OF THE ACTUARIAL AMENDING SECTION 31-1429, IDAHO CODE, TO WORK PAPERS, TO PROVIDE FOR FILING OF THE PROVIDE FOR AN EXCEPTION, TO ESTABLISH 114 HOUSE JOURNAL February 20, 2013]

PROVISIONS RELATING TO A PROPERTY OWNER S 1010, by Health and Welfare Committee, was read the DECLARING TO CERTAIN GOVERNING BOARDS HIS second time by title and filed for third reading. INTENTION TO DEANNEX PROPERTY FROM A FIRE PROTECTION DISTRICT, TO ESTABLISH PROVISIONS H 167, H 169, and HCR 7, by Transportation and Defense RELATING TO A PROPERTY OWNER DECLARING HIS Committee, were read the second time by title and filed for third INTENTION TO ANNEX HIS PROPERTY TO A CERTAIN reading. FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT, TO PROVIDE THAT A DECLARATION SHALL BE EFFECTIVE H 96 and H 97, by Agricultural Affairs Committee, were read AFTER A CERTAIN TIME PERIOD, TO PROVIDE THAT the second time by title and filed for third reading. THE PROPERTY SHALL BE SUBJECT TO PROVISIONS OF Third Reading of Bills and Joint Resolutions LAW AND TO MAKE TECHNICAL CORRECTIONS. Mr. Collins asked unanimous consent that H 106 be returned HOUSE BILL NO. 201 to the Revenue and Taxation Committee. There being no BY REVENUE AND TAXATION COMMITTEE objection, it was so ordered. AN ACT RELATING TO FIRE PROTECTION DISTRICTS; H 137 - URBAN RENEWAL AMENDING CHAPTER 14, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-1411A, H 137 was read the third time at length, section by section, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING and placed before the House for final consideration. TO THE DEANNEXATION OF PROPERTY WITHIN A FIRE PROTECTION DISTRICT, TO PROVIDE THAT At this time, the Speaker recognized Mr. Malek to open THE BOARD MAY, BY RESOLUTION, DECLARE ITS debate. INTENTION TO DEANNEX CERTAIN PROPERTY, TO The question being, "Shall H 137 pass?" PROVIDE THAT AN OWNER OF PROPERTY WITHIN THE FIRE PROTECTION DISTRICT MAY PETITION Roll call resulted as follows: THE BOARD FOR THE DEANNEXATION OF CERTAIN AYES – Agidius, Anderson(01), Anderson(31), Anderst, PROPERTY, TO ESTABLISH PROVISIONS RELATING Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, TO DEANNEXATION PURSUANT TO THE FILING OF Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, A PETITION, TO ESTABLISH PROVISIONS RELATING Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, TO ORDERING A DEANNEXATION AND PROVIDING A Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, COPY TO THE BOARD OF COUNTY COMMISSIONERS, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, TO PROVIDE FOR THE PROPERTY TO BE REMOVED Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, FROM CERTAIN TAX ROLLS AND TO PROVIDE FOR THE Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, APPLICATION OF LAWS. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 194, H 195, H 196, H 197, H 198, H 199, H 200, and VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), H 201 were introduced, read the first time by title, and referred to Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 69. the Judiciary, Rules, and Administration Committee for printing. NAYS – None. Absent and excused – DeMordaunt. Total – 1. S 1049 and S 1003, as amended, by Resources and Total – 70. Environment Committee, were introduced, read the first time by title, and referred to the Resources and Conservation Committee. Whereupon the Speaker declared that H 137 passed the House. Title was approved and the bill ordered transmitted to S 1055, by Education Committee, was introduced, read the the Senate. first time by title, and referred to the Education Committee. S 1033, as amended, by Judiciary and Rules Committee, H 110 - DAIRY PRODUCTS was introduced, read the first time by title, and referred to the H 110 was read the third time at length, section by section, Judiciary, Rules, and Administration Committee. and placed before the House for final consideration. There being no objection, the House advanced to the Tenth At this time, the Speaker recognized Mr. Vander Woude to Order of Business. open debate. Second Reading of Bills and Joint Resolutions Pursuant to Rule 38(3), Mr. Vander Woude disclosed a H 140, H 141, and H 12, as amended in the Senate, by conflict of interest regarding H 110. Revenue and Taxation Committee, were read the second time by title and filed for third reading. The question being, "Shall H 110 pass?" H 163, by Education Committee, was read the second time Roll call resulted as follows: by title and filed for third reading. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 177, H 107, and H 161, by State Affairs Committee, were Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, read the second time by title and filed for third reading. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, S 1027, by Education Committee, was read the second time Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, by title and filed for third reading. King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, H 109, by Health and Welfare Committee, was read the Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, second time by title and filed for third reading. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, [February 20, 2013 HOUSE JOURNAL 115

Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Whereupon the Speaker declared that S 1076 passed the Woodings, Youngblood, Mr. Speaker. Total – 68. House. Title was approved and the bill ordered returned to the NAYS – None. Senate. Absent and excused – DeMordaunt, Malek. Total – 2. Total – 70. S 1077 - APPROPRIATIONS - BLIND AND VISUALLY IMPAIRED Whereupon the Speaker declared that H 110 passed the House. Title was approved and the bill ordered transmitted to S 1077 was read the third time at length, section by section, the Senate. and placed before the House for final consideration.

H 112 - HONEY ADVERTISING COMMISSION At this time, the Speaker recognized Mr. Thompson to open debate. H 112 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1077 pass?" At this time, the Speaker recognized Mr. Bolz to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 112 pass?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Roll call resulted as follows: Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Woodings, Youngblood, Mr. Speaker. Total – 68. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, NAYS – None. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Absent and excused – DeMordaunt, Malek. Total – 2. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Total – 70. Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Whereupon the Speaker declared that S 1077 passed the Absent and excused – DeMordaunt, Malek. Total – 2. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that H 112 passed the There being no objection, the House advanced to the House. Title was approved and the bill ordered transmitted to Sixteenth Order of Business. the Senate. Adjournment

S 1076 - APPROPRIATIONS - HISPANIC AFFAIRS Mr. Moyle moved that the House adjourn until 11 a.m., COMMISSION Thursday, February 21, 2013. Seconded by Mr. Rusche. Motion carried. S 1076 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared the House adjourned at 11:39 a.m. At this time, the Speaker recognized Mr. Youngblood to open SCOTT BEDKE, Speaker debate. ATTEST: The question being, "Shall S 1076 pass?" BONNIE ALEXANDER, Chief Clerk

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Absent and excused – DeMordaunt, Malek. Total – 2. Total – 70. 116 HOUSE JOURNAL February 21, 2013]

HOUSE JOURNAL the United States of America, the two hundred and thirty-seventh year. OF THE /s/ C.L. "BUTCH" OTTER Governor IDAHO LEGISLATURE /s/ BEN T. YSURSA Secretary of State FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Chris Smith. FORTY-SIXTH LEGISLATIVE DAY OFFICE OF THE GOVERNOR THURSDAY, FEBRUARY 21, 2013 Boise February 20, 2013 House of Representatives The Honorable Scott Bedke The House convened at 11 a.m., the Speaker in the Chair. Speaker of the House Roll call showed 67 members present. Absent and excused – Henderson, Malek, Youngblood. Dear Mr. Speaker: Total – 3. I have the honor to advise you that I have signed today and Total – 70. am transmitting to the Secretary of State the following House bills, to wit: Prayer was offered by Chaplain Tom Dougherty. H 14, H 15, H 22, H 23, H 19, H 21, H 32, H 33, H 35, H 37, The Pledge of Allegiance was led by Brooklyn Burk, Page. H 39, and H 85 As Always - Idaho, "Esto Perpetua" Approval of Journal /s/ C.L. "Butch" Otter Governor February 21, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Report of Standing Committees ADMINISTRATION, report that we have read and approved the House Journal of the Forty-fifth Legislative Day and recommend that same be adopted as corrected. February 21, 2013 WILLS, Chairman Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Wills moved that the report be adopted. Seconded by ADMINISTRATION, report that we have printed HCR 11, Mr. Burgoyne. Report adopted. H 194, H 195, H 196, H 197, H 198, H 199, H 200, and H 201. WILLS, Chairman Consideration of Messages from the Governor and the Senate HCR 11 and H 195 were referred to the State Affairs Committee. THE OFFICE OF THE GOVERNOR H 194 was referred to the Commerce and Human Resources CERTIFICATE OF APPOINTMENT Committee. KNOW ALL MEN, that pursuant to the provisions of Section 59-917, Idaho Code, CHRISTY PERRY, State H 196, H 197, H 198, and H 199 were referred to the Representative, District 11, Seat B, Canyon County, State of Business Committee. Idaho, has nominated, CHRIS SMITH, of Caldwell, ID, to H 200 and H 201 were referred to the Revenue and Taxation perform the duties of this office temporarily as Acting State Committee. Representative, District 11, Seat B. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, February 21, 2013 Governor of the State of Idaho, by virtue of the authority vested Mr. Speaker: in me do hereby appoint Chris Smith of Caldwell, Idaho, to the We, your COMMITTEE ON JUDICIARY, RULES, AND office of Acting State Representative, District 11, Seat B, for a ADMINISTRATION, report that we have enrolled H 115, H 40, term commencing February 21, 2013, and continuing until such H 81, H 84, H 83, and H 17. time as Representative Perry is able to resume her duties. WILLS, Chairman IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at The Speaker announced he was about to sign enrolled H 115, the Capitol in Boise on this 12th day of February, in the year of H 40, H 81, H 84, H 83, and H 17 and, when so signed, ordered our Lord two thousand and thirteen, and of the Independence of them transmitted to the Senate for the signature of the President. [February 21, 2013 HOUSE JOURNAL 117

February 21, 2013 Introduction, First Reading, and Reference Mr. Speaker: of Bills and Joint Resolutions We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled HOUSE BILL NO. 202 H 19, H 20, H 24, H 52, H 21, H 25, H 87, H 39, H 85, H 32, BY STATE AFFAIRS COMMITTEE H 33, and H 35 to the Governor at 11:44 a.m., as of this date, AN ACT February 20, 2013. RELATING TO THE IDAHO ADMINISTRATIVE WILLS, Chairman PROCEDURE ACT; AMENDING SECTION 67-5221, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS RELATING TO THE PUBLIC NOTICE OF PROPOSED February 20, 2013 RULEMAKING AND TO MAKE TECHNICAL Mr. Speaker: CORRECTIONS; AMENDING SECTION 67-5224, IDAHO We, your COMMITTEE ON STATE AFFAIRS, report CODE, TO PROVIDE ADDITIONAL REQUIREMENTS that we have had under consideration H 121 and H 159 and RELATING TO A NOTICE OF ADOPTION OF A PENDING recommend that they do pass. RULE AND TO MAKE TECHNICAL CORRECTIONS; AND LOERTSCHER, Chairman PROVIDING A SUNSET DATE.

H 121 and H 159 were filed for second reading. HOUSE BILL NO. 203 BY APPROPRIATIONS COMMITTEE February 20, 2013 AN ACT Mr. Speaker: RELATING TO THE APPROPRIATION TO THE We, your COMMITTEE ON ENVIRONMENT, ENERGY, DEPARTMENT OF HEALTH AND WELFARE FOR THE AND TECHNOLOGY, report that we have had under DIVISIONS OF INDEPENDENT COUNCILS, INDIRECT consideration H 185 and recommend that it do pass. SUPPORT SERVICES AND PUBLIC HEALTH SERVICES; RAYBOULD, Chairman AMENDING SECTION 1, CHAPTER 230, LAWS OF 2012, TO REVISE THE APPROPRIATION FOR FISCAL YEAR 2013; H 185 was filed for second reading. PROVIDING LEGISLATIVE INTENT; AND DECLARING AN EMERGENCY. February 20, 2013 Mr. Speaker: HOUSE BILL NO. 204 We, your COMMITTEE ON AGRICULTURAL AFFAIRS, BY REVENUE AND TAXATION COMMITTEE report that we have had under consideration H 113 and report it AN ACT back with amendments attached to be placed on General Orders RELATING TO PROPERTY TAXATION; AMENDING for consideration. SECTION 63-602W, IDAHO CODE, TO REVISE ANDRUS, Chairman PROVISIONS RELATING TO SITE IMPROVEMENTS AS BUSINESS INVENTORY EXEMPT FROM PROPERTY H 113 was placed on General Orders for consideration. TAXATION, TO PROVIDE THAT CERTAIN TRANSFERS SHALL NOT BE CONSIDERED A CONVEYANCE TO A February 20, 2013 THIRD PARTY, TO PROVIDE FOR A DETERMINATION Mr. Speaker: OF THE AMOUNT OF EXEMPTION, TO PROVIDE We, your COMMITTEE ON AGRICULTURAL AFFAIRS, FOR APPLICATION FOR ASSESSMENT, TO PROVIDE report that we have had under consideration H 175 and FOR NOTIFICATION BY THE COUNTY BOARD OF recommend that it do pass. EQUALIZATION TO THE TAXPAYER AND COUNTY ANDRUS, Chairman ASSESSOR RELATING TO ITS DECISION AND H 175 was filed for second reading. ASSESSMENT, TO PROVIDE FOR APPEAL, TO PROVIDE FOR NOTIFICATION OF CHANGE IN ELIGIBILITY AND February 20, 2013 TO MAKE TECHNICAL CORRECTIONS; DECLARING Mr. Speaker: AN EMERGENCY AND PROVIDING RETROACTIVE We, your COMMITTEE ON TRANSPORTATION AND APPLICATION. DEFENSE, report that we have had under consideration H 117, H 118, H 168, and S 1044 and recommend that they do pass. HOUSE BILL NO. 205 PALMER, Chairman BY EDUCATION COMMITTEE AN ACT H 117, H 118, H 168, and S 1044 were filed for second RELATING TO EDUCATION; AMENDING SECTION reading. 33-1004A, IDAHO CODE, TO REMOVE LANGUAGE REFERRING TO A CERTAIN TIME PERIOD. February 21, 2013 Mr. Speaker: HOUSE BILL NO. 206 We, your COMMITTEE ON REVENUE AND TAXATION, BY EDUCATION COMMITTEE report that we have had under consideration H 184 and H 187 and AN ACT recommend that they do pass. RELATING TO PUBLIC CHARTER SCHOOLS; COLLINS, Chairman AMENDING SECTION 33-1002, IDAHO CODE, TO REVISE PROVISIONS RELATING TO STATE SUPPORT OF SPECIAL H 184 and H 187 were filed for second reading. PROGRAMS; AMENDING SECTION 33-5208, IDAHO There being no objection, the House advanced to the Eighth CODE, TO PROVIDE A CORRECT CODE REFERENCE, Order of Business. TO ESTABLISH PROVISIONS RELATING TO THE 118 HOUSE JOURNAL February 21, 2013]

DISTRIBUTION OF FACILITIES FUNDS TO PUBLIC S 1016 and S 1017, by Judiciary and Rules Committee, were CHARTER SCHOOLS, TO PROVIDE FOR THE USE read the second time by title and filed for third reading. OF FUNDS, TO PROVIDE FOR A CALCULATION, TO PROVIDE FOR A REIMBURSEMENT CLAIM, TO DEFINE A TERM AND TO ESTABLISH PROVISIONS RELATING H 93, H 128, H 129, H 130, and H 132, by Resources and TO AN AUTHORIZER FEE; AMENDING CHAPTER 52, Conservation Committee, were read the second time by title and TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW filed for third reading. SECTION 33-5214, IDAHO CODE, TO ESTABLISH THE PUBLIC CHARTER SCHOOL AUTHORIZERS FUND, TO H 139, by Revenue and Taxation Committee, was read the PROVIDE FOR THE DEPOSIT OF CERTAIN MONEYS second time by title and filed for third reading. AND TO PROVIDE FOR THE USE OF SUCH MONEYS; AND AMENDING SECTION 33-1619, IDAHO CODE, TO Third Reading of Bills and Joint Resolutions PROVIDE CORRECT CODE REFERENCES. Mr. DeMordaunt asked unanimous consent that S 1027 be HOUSE BILL NO. 207 returned to the Education Committee. There being no objection, BY STATE AFFAIRS COMMITTEE it was so ordered. AN ACT RELATING TO PUBLIC RECORDS; AMENDING Mr. Moyle asked unanimous consent that H 177 be placed SECTION 9-340B, IDAHO CODE, TO PROVIDE THAT at the bottom of the Third Reading Calendar. There being no PUBLIC RECORDS OF SECURITY SYSTEMS IN PLACE TO objection, it was so ordered. PROTECT PUBLIC BUILDINGS AND THEIR OCCUPANTS ARE EXEMPT FROM DISCLOSURE. H 140 - PROPERTY TAXATION

HOUSE BILL NO. 208 H 140 was read the third time at length, section by section, BY STATE AFFAIRS COMMITTEE and placed before the House for final consideration. AN ACT RELATING TO LIVESTOCK; AMENDING SECTION At this time, the Speaker recognized Mrs. Trujillo to open 25-232, IDAHO CODE, TO REMOVE AN ARCHAIC debate. CODE REFERENCE, TO IMPOSE A FEE ON CERTAIN The question being, "Shall H 140 pass?" LIVESTOCK, TO PROVIDE A PROCEDURE, TO PROVIDE A MANNER IN WHICH THE FEE IS FIXED, TO PROVIDE Roll call resulted as follows: FOR THE DEPOSIT OF FEES IN THE IDAHO SHEEP AND AYES – Anderson(01), Anderson(31), Anderst, Andrus, GOAT HEALTH BOARD ACCOUNT, TO PROVIDE FOR Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, THE TRANSMITTAL OF THE PROPER SHARE OF SUCH Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, MONEYS TO THE BOARD OF DIRECTORS OF EACH Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, ANIMAL DAMAGE CONTROL DISTRICT AND TO MAKE Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, TECHNICAL CORRECTIONS. Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), HOUSE BILL NO. 209 Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, BY STATE AFFAIRS COMMITTEE Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AN ACT Ward-Engelking, Wills, Wood(Hall), Woodings, Mr. Speaker. RELATING TO MOTOR CARRIERS; AMENDING Total – 64. SECTION 49-301, IDAHO CODE, TO REVISE PROVISIONS NAYS – Agidius, Boyle, Wood(27). Total – 3. RELATING TO OPERATING A COMMERCIAL MOTOR Absent and excused – Henderson, Malek, Youngblood. VEHICLE; AND AMENDING SECTION 67-2901B, IDAHO Total – 3. CODE, TO ESTABLISH PROVISIONS RELATING TO Total – 70. OPERATING A MOTOR CARRIER AND CERTAIN HOURS OF OPERATIONS. Whereupon the Speaker declared that H 140 passed the House. Title was approved and the bill ordered transmitted to H 202, H 203, H 204, H 205, H 206, H 207, H 208, and the Senate. H 209 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. H 141 - EXEMPTIONS FROM PROPERTY TAXATION There being no objection, the House advanced to the Tenth H 141 was read the third time at length, section by section, Order of Business. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Moyle to open Second Reading of Bills and Joint Resolutions debate. The question being, "Shall H 141 pass?" S 1028, by Education Committee, was read the second time by title and filed for third reading. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 153, by Judiciary, Rules, and Administration Committee, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, was read the second time by title and filed for third reading. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, [February 21, 2013 HOUSE JOURNAL 119

Gestrin, Gibbs, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Loertscher, Luker, McMillan, Mendive, Miller, Monks, Morse, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Moyle, Nielsen, Packer, Palmer, Patterson, Perry(Smith), Woodings, Mr. Speaker. Total – 67. Raybould, Romrell, Shepherd, Sims, Stevenson, Thompson, NAYS – None. Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Absent and excused – Henderson, Malek, Youngblood. Wood(Hall), Mr. Speaker. Total – 52. Total – 3. NAYS – Burgoyne, Chew, Erpelding, Gannon, Hancey, Total – 70. Harris, King, Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 15. Whereupon the Speaker declared that H 109 passed the Absent and excused – Henderson, Malek, Youngblood. House. Title was approved and the bill ordered transmitted to Total – 3. the Senate. Total – 70. Whereupon the Speaker declared that H 141 passed the House. Title was approved and the bill ordered transmitted to S 1010 - MEDICAID - BEHAVIORAL HEALTH SERVICES the Senate. S 1010 was read the third time at length, section by section, and placed before the House for final consideration. H 163 - EDUCATION At this time, the Speaker recognized Mr. Rusche to open H 163 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall S 1010 pass?" At this time, the Speaker recognized Mrs. Horman to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 163 pass?" Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Roll call resulted as follows: Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Luker, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Woodings, Mr. Speaker. Total – 61. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, NAYS – Barbieri, Barrett, McMillan, Shepherd, Sims, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Wood(Hall). Total – 6. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Absent and excused – Henderson, Malek, Youngblood. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Total – 3. Woodings, Mr. Speaker. Total – 67. Total – 70. NAYS – None. Absent and excused – Henderson, Malek, Youngblood. Whereupon the Speaker declared that S 1010 passed the Total – 3. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that H 163 passed the House. Title was approved and the bill ordered transmitted to H 107 - ABSENTEE VOTING the Senate. H 107 was read the third time at length, section by section, and placed before the House for final consideration. H 109 - PHARMACY BOARD At this time, the Speaker recognized Ms. Smith to open H 109 was read the third time at length, section by section, debate. and placed before the House for final consideration. At this time, Mr. Moyle took the Chair. At this time, the Speaker recognized Ms. Chew to open debate. The question being, "Shall H 107 pass?" The question being, "Shall H 109 pass?" Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Barbieri, Roll call resulted as follows: Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Collins, Crane, Erpelding, Eskridge, Gannon, Gestrin, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Gibbs, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Loertscher, Luker, Meline, Miller, Moyle, Packer, Palmer, Pence, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Perry(Smith), Ringo, Rusche, Smith, Stevenson, Thompson, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Wood(27), Wood(Hall), Woodings. Total – 47. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, NAYS – Anderst, Andrus, Barrett, Dayley, DeMordaunt, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Denney, Hancey, Harris, Hartgen, McMillan, Mendive, Monks, 120 HOUSE JOURNAL February 21, 2013]

Morse, Nielsen, Patterson, Raybould, Romrell, Shepherd, Sims. Total – 19. Absent and excused – Henderson, Malek, Youngblood, Mr. Speaker. Total – 4. Total – 70. Whereupon the Speaker Pro Tem declared that H 107 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Crane asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business.

Adjournment Mr. Crane moved that the House adjourn until 11 a.m., Friday, February 22, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker Pro Tem declared the House adjourned at 12:13 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 22, 2013 HOUSE JOURNAL 121

HOUSE JOURNAL H 203 was filed for second reading. H 204 was referred to the Revenue and Taxation Committee. OF THE H 205 and H 206 were referred to the Education Committee. IDAHO LEGISLATURE H 207 was referred to the Judiciary, Rules, and Administration Committee. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE H 208 was referred to the Agricultural Affairs Committee. H 209 was referred to the Transportation and Defense Committee. February 21, 2013 FORTY-SEVENTH LEGISLATIVE DAY Mr. Speaker: FRIDAY, FEBRUARY 22, 2013 We, your COMMITTEE ON HEALTH AND WELFARE, report that we have had under consideration H 142, H 178, and HCR 6 and recommend that they do pass. House of Representatives WOOD(27), Chairman The House convened at 11 a.m., the Speaker in the Chair. H 142, H 178, and HCR 6 were filed for second reading. Roll call showed 64 members present. February 21, 2013 Absent and excused – Anderson(01), DeMordaunt, Hancey, Mr. Speaker: Henderson, Loertscher, Malek. Total – 6. We, your COMMITTEE ON BUSINESS, report that we have Total – 70. had under consideration H 162 and recommend that it do pass. Prayer was offered by Chaplain Tom Dougherty. HENDERSON, Chairman The Pledge of Allegiance was led by Eric Labra, Page. H 162 was filed for second reading. Approval of Journal February 21, 2013 Mr. Speaker: February 22, 2013 We, your COMMITTEE ON COMMERCE AND HUMAN Mr. Speaker: RESOURCES, report that we have had under consideration We, your COMMITTEE ON JUDICIARY, RULES, AND S 1031 and recommend that it do pass. ADMINISTRATION, report that we have read and approved the HARTGEN, Chairman House Journal of the Forty-sixth Legislative Day and recommend that same be adopted as corrected. S 1031 was filed for second reading. WILLS, Chairman February 21, 2013 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON RESOURCES AND CONSERVATION, report that we have had under consideration Consideration of Messages from the H 131 and HJM 1 and recommend that they do pass. Governor and the Senate DENNEY, Chairman February 21, 2013 H 131 and HJM 1 were filed for second reading. Mr. Speaker: I return herewith enrolled HCR 2 which has been signed by February 21, 2013 the President. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under Enrolled HCR 2 was referred to the Judiciary, Rules, and consideration H 102, H 103, H 105, and H 125 and recommend Administration Committee for delivery to the Secretary of State. that they do pass. February 21, 2013 WILLS, Chairman Mr. Speaker: H 102, H 103, H 105, and H 125 were filed for second I transmit herewith S 1042 which has passed the Senate. reading. NOVAK, Secretary There being no objection, the House advanced to the Seventh S 1042 was filed for first reading. Order of Business. Report of Standing Committees Motions, Memorials, and Resolutions February 22, 2013 Mr. Speaker: HOUSE CONCURRENT RESOLUTION NO. 12 We, your COMMITTEE ON JUDICIARY, RULES, AND BY STATE AFFAIRS COMMITTEE ADMINISTRATION, report that we have printed H 202, H 203, A CONCURRENT RESOLUTION H 204, H 205, H 206, H 207, H 208, and H 209. STATING FINDINGS OF THE LEGISLATURE WILLS, Chairman RECOGNIZING AND CONGRATULATING THE CITY OF BOISE AND ITS RESIDENTS ON THE CITY'S H 202 was referred to the State Affairs Committee. SESQUICENTENNIAL ANNIVERSARY. 122 HOUSE JOURNAL February 22, 2013]

Be It Resolved by the Legislature of the State of Idaho: on three themes – environment, enterprise and community – that will trace the arc of Boise's story from its founding to the present WHEREAS, the city of Boise sits in a lush, verdant valley day and frame the discussion about the city's future; and marking the boundary between the desert Great Basin to the south WHEREAS, the Boise Department of Arts and History and the forested Rocky Mountains to the north, a location with kicked off the Sesquicentennial Anniversary celebration on abundant natural resources and a climate advantageous to a wide January 4, 2013, and will sponsor events throughout the year range of activities; and including, a large community party in Julia Davis Park on July 7, WHEREAS, the Northern Shoshoni tribe of native 2013, one hundred fifty years from the date the city was platted; Americans in prehistoric and historic eras occupied much of and the region that includes the present-day city of Boise, and the WHEREAS, the city will sponsor numerous other events, Bannock and other native groups also lived and passed through such as the THINKING 150 weekend, when citizens will learn this region; and about the BOISE 150 themes of environment, enterprise and WHEREAS, early 19th century French Canadian explorers, community; numerous public art dedications; the Sesqui-Speaks among the first Europeans to visit this area, described it using series, a free informal lecture series featuring local experts the French words "les bois," meaning "wooded," which was presenting on a wide range of historical and current topics; a eventually adapted to create the city's formal name; and merchant program that gives local businesses the opportunity WHEREAS, gold fever hit the region in 1862 after to brand their own BOISE 150 products; and the Sesqui-Shop, discoveries in the nearby Boise Basin, and the allure of potential a downtown storefront where BOISE 150 memorabilia can be riches attracted aspiring miners and subsequently brought acquired and with special space for exhibition and education opportunities for entrepreneurs to establish supply and service activities throughout the year; and businesses; and WHEREAS, during BOISE 150, Mayor David H. Bieter will WHEREAS, the rise of mining also created a need for host two signature events: the Mayor's Awards for Excellence irrigated farmland, and beginning with the Ridenbaugh Canal in in Arts and History in September and the Mayor's Musical 1878, the Boise River soon fed dozens of ditches and diversions Celebration in October. that supplied the lifeblood for a booming agricultural economy NOW, THEREFORE, BE IT RESOLVED by the members of across the entire valley; and the First Regular Session of the Sixty-second Idaho Legislature, WHEREAS, the city of Boise was established one hundred the House of Representatives and the Senate concurring therein, fifty years ago on July 7, 1863, with the platting of ten blocks by that we hereby recognize and congratulate Boise City and its Henry Chiles Riggs, William Ritchie and Tom Davis, and the city residents on its Sesquicentennial Anniversary to be celebrated is thus celebrating its Sesquicentennial Anniversary this year; and on July 7, 2013. WHEREAS, Boise holds special significance in Idaho, BE IT FURTHER RESOLVED that the Chief Clerk of the being the state's largest city in its most populous region; the House of Representatives shall present a copy of this resolution state's capital city and its center of government; and the state's to Mayor David H. Bieter of the City of Boise. economic engine by virtue of the large number of businesses and many types of industry that have found it a profitable place to call home; and HCR 12 was introduced, read the first time by title, and WHEREAS, Boise boasts the greatest concentration of arts referred to the Judiciary, Rules, and Administration Committee in the state and is therefor considered by many to be Idaho's heart for printing. of the arts with more than 120 cultural opportunities ranging from the performing and visual arts to the literary arts and more; and WHEREAS, Boise is home to Boise State University, which Introduction, First Reading, and Reference began as a two-year parochial school in the 1930s, became a of Bills and Joint Resolutions public junior college, grew to a four-year institution and later a state university, and now enrolls more students than any other institution of higher education in Idaho; and HOUSE BILL NO. 210 WHEREAS, Boise State University is also justifiably famous BY APPROPRIATIONS COMMITTEE for its blue-turf football stadium and its team, the Broncos, that AN ACT plays upon it and has been nationally ranked for more than a RELATING TO THE APPROPRIATION TO THE decade, winning nine postseason bowl games, including two DEPARTMENT OF HEALTH AND WELFARE FOR THE Bowl Championship Series games, college football's most elite DIVISIONS OF MEDICAL ASSISTANCE SERVICES and prestigious series of postseason games; and AND LICENSING AND CERTIFICATION; AMENDING WHEREAS, throughout its one hundred fifty year history, SECTION 1, CHAPTER 247, LAWS OF 2012, TO REVISE Boise has been the birthplace and home of remarkable men THE APPROPRIATION FOR FISCAL YEAR 2013; AND and women who have distinguished themselves nationally and DECLARING AN EMERGENCY. internationally in the fields of law, literature, music, the arts, athletics, philanthropy, politics and even space exploration; and WHEREAS, the same combination of adventure, ambition, HOUSE BILL NO. 211 industry, innovation and enterprise that led to the city's founding BY HEALTH AND WELFARE COMMITTEE has created a cradle for entrepreneurs, innovators and visionaries AN ACT whose work has had a global reach, helping create the Panama RELATING TO PHYSICIANS AND SURGEONS; Canal, Hoover Dam and the Chunnel; potato chips and computer AMENDING SECTION 54-1806, IDAHO CODE, TO memory chips; the supermarket, engineered wood products and PROVIDE THAT THE BOARD OF MEDICINE SHALL HAVE locomotives; the laser printer and enough patents to rank Boise THE AUTHORITY TO SHARE INFORMATION WITH THE among the nation's most prominent intellectual incubators; and DEPARTMENT OF LABOR TO DETERMINE WORKFORCE WHEREAS, the Sesquicentennial Anniversary's year long SHORTAGE AREAS AND TO MAKE A TECHNICAL commemoration, known officially as BOISE 150, will be centered CORRECTION. [February 22, 2013 HOUSE JOURNAL 123

HOUSE BILL NO. 212 PROVIDE FOR FATHERS WHO HAVE FAILED TO TIMELY BY HEALTH AND WELFARE COMMITTEE FILE NOTICE OF FILING OF PROCEEDINGS AND TO AN ACT MAKE TECHNICAL CORRECTIONS. RELATING TO CORD BLOOD EDUCATION; AMENDING CHAPTER 37, TITLE 39, IDAHO CODE, HOUSE BILL NO. 215 BY THE ADDITION OF A NEW SECTION 39-3704, BY STATE AFFAIRS COMMITTEE IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR AN ACT EDUCATION FOR PREGNANT WOMEN REGARDING RELATING TO BALLOTS; AMENDING SECTION CORD BLOOD BANKING AND TO PROVIDE FOR THE 34-217, IDAHO CODE, TO REVISE PROVISIONS RELATING TYPE OF INFORMATION GIVEN TO PREGNANT WOMEN. TO THE RETENTION OF CERTAIN ELECTION SUPPLIES; AMENDING SECTION 34-901, IDAHO CODE, TO REVISE HOUSE BILL NO. 213 PROVISIONS RELATING TO AN OFFICIAL ELECTION BY HEALTH AND WELFARE COMMITTEE STAMP AND TO ESTABLISH PROVISIONS RELATING AN ACT TO OFFICIAL ELECTION BALLOT IDENTIFICATION; RELATING TO JUDGMENT; AMENDING CHAPTER 25, AMENDING SECTION 34-908, IDAHO CODE, TO REMOVE TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW PROVISIONS RELATING TO A CERTAIN STAMP, TO SECTION 19-2520H, IDAHO CODE, TO PROVIDE FOR THE ESTABLISH PROVISIONS RELATING TO OFFICIAL EXTENSION OF A SENTENCE FOR CERTAIN FELONY ELECTION BALLOT IDENTIFICATION AND TO MAKE VIOLATIONS AGAINST OLDER PERSONS. TECHNICAL CORRECTIONS; AMENDING SECTION 34-910, IDAHO CODE, TO REMOVE REFERENCE TO HOUSE BILL NO. 214 A CERTAIN STAMP AND INK PAD, TO ESTABLISH BY HEALTH AND WELFARE COMMITTEE A PROVISION RELATING TO OFFICIAL ELECTION AN ACT BALLOT IDENTIFICATION AND TO MAKE TECHNICAL RELATING TO PUTATIVE FATHERS; AMENDING CORRECTIONS; AMENDING SECTION 34-1103, IDAHO SECTION 7-1107, IDAHO CODE, TO PROVIDE A CODE CODE, TO REMOVE REFERENCE TO A CERTAIN REFERENCE AND TO REVISE PROVISIONS RELATING STAMP AND TO MAKE TECHNICAL CORRECTIONS; TO A PROCEEDING TO ESTABLISH PATERNITY OF AND AMENDING SECTION 34-1106, IDAHO CODE, A CHILD; AMENDING CHAPTER 11, TITLE 7, IDAHO TO REMOVE PROVISIONS RELATING TO A CERTAIN CODE, BY THE ADDITION OF A NEW SECTION 7-1126, STAMP AND TO ESTABLISH A PROVISION RELATING IDAHO CODE, TO PROVIDE THAT A COURT SHALL TO OFFICIAL ELECTION BALLOT IDENTIFICATION. NOT CONSIDER WHETHER A PARENT CONSENTED TO ADOPTION IN DETERMINING BEST INTEREST OF HOUSE BILL NO. 216 THE CHILD; AMENDING SECTION 16-1501, IDAHO BY STATE AFFAIRS COMMITTEE CODE, TO PROVIDE THAT NOTHING IN THIS CHAPTER AN ACT SHALL MODIFY THE REQUIREMENTS OF THE INDIAN RELATING TO STANDARDS FOR GUYED TOWERS; CHILD WELFARE ACT; AMENDING SECTION 16-1504, AMENDING SECTION 21-515A, IDAHO CODE, TO IDAHO CODE, TO REVISE TERMINOLOGY, TO REVISE PROVIDE AN EXCEPTION FOR FACILITIES USED BY PROVISIONS RELATING TO THE RIGHTS OF PUTATIVE A FEDERAL POWER MARKETING AGENCY TO SERVE FATHERS WHOSE CHILDREN HAVE BEEN PLACED PUBLIC UTILITIES OR CONSUMER-OWNED UTILITIES. WITH ADOPTIVE PARENTS, TO REVISE PROVISIONS RELATING TO PUTATIVE FATHERS WHO DO NOT HOUSE BILL NO. 217 COMPLY WITH THE PROCEDURES FOR ESTABLISHING BY STATE AFFAIRS COMMITTEE PARENTAL RIGHTS, TO PROVIDE THAT AN UNMARRIED AN ACT BIOLOGICAL FATHER MUST FILE A PROCEEDING RELATING TO MOTOR VEHICLES; AMENDING TO ESTABLISH PATERNITY PRIOR TO THE DATE OF SECTION 49-1212, IDAHO CODE, TO REVISE PROVISIONS FILING OF A PROCEEDING TO TERMINATE RIGHTS RELATING TO THE NEGLIGENT OPERATION OF OF THE BIRTH MOTHER AND TO MAKE TECHNICAL A LOANED VEHICLE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1513, CORRECTIONS. IDAHO CODE, TO PROVIDE THAT REGISTRATION OF NOTICE OF FILING OF PROCEEDINGS COMMENCES H 210, H 211, H 212, H 213, H 214, H 215, H 216, and ESTABLISHMENT OF PATERNITY, TO PROVIDE CODE H 217 were introduced, read the first time by title, and referred to REFERENCES, TO PROVIDE THAT NOTICE TO A the Judiciary, Rules, and Administration Committee for printing. PUTATIVE FATHER OF PROCEEDINGS FOR ADOPTION CONSTITUTES IMPLIED CONSENT, TO PROVIDE FOR S 1042, by Commerce and Human Resources Committee, REVOCATION OF NOTICE OF INTENT TO CLAIM was introduced, read the first time by title, and referred to the PATERNITY, TO PROVIDE FOR FEES TO COVER Health and Welfare Committee. COSTS, TO REVISE TERMINOLOGY, TO PROVIDE FOR There being no objection, the House advanced to the Tenth PAMPHLETS AND PUBLIC NOTICE REGARDING THE Order of Business. PUTATIVE FATHER REGISTRY, TO PROVIDE A PENALTY FOR FALSELY REGISTERING AS A PUTATIVE FATHER Second Reading of Bills and Joint Resolutions AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-2007, IDAHO CODE, TO PROVIDE A CODE H 121, H 159, and H 175, by State Affairs Committee, were REFERENCE AND TO PROVIDE FOR FATHERS WHO read the second time by title and filed for third reading. HAVE FAILED TO TIMELY FILE NOTICE OF FILING OF PROCEEDINGS; AND AMENDING SECTION 16-2008, H 185, by Environment, Energy, and Technology Committee, IDAHO CODE, TO PROVIDE A CODE REFERENCE, TO was read the second time by title and filed for third reading. 124 HOUSE JOURNAL February 22, 2013]

H 117, H 118, and H 168, by Transportation and Defense NAYS – None. Committee, were read the second time by title and filed for third Absent and excused – Anderson(01), DeMordaunt, Hancey, reading. Henderson, Loertscher, Malek. Total – 6. Total – 70. S 1044, by Transportation Committee, was read the second time by title and filed for third reading. Whereupon the Speaker declared that H 169 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 184 and H 187, by Revenue and Taxation Committee, were read the second time by title and filed for third reading. HCR 7 - TRANSPORTATION DEPARTMENT - RULE Third Reading of Bills and Joint Resolutions REJECTED Mr. Moyle asked unanimous consent that H 167 be placed HCR 7 was read the third time at length and placed before at the bottom of the Third Reading Calendar. There being no the House for final consideration. objection, it was so ordered. At this time, the Speaker recognized Mr. Hixon to open H 161 - ELECTION CONSOLIDATION debate. H 161 was read the third time at length, section by section, The question being, "Shall HCR 7 be adopted?" and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gannon to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, The question being, "Shall H 161 pass?" Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, Roll call resulted as follows: Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Palmer, Patterson, Pence, Perry(Smith), Raybould, Ringo, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Romrell, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Gannon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 63. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, NAYS – None. Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Absent and excused – Anderson(01), DeMordaunt, Hancey, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Henderson, Loertscher, Malek, Rusche. Total – 7. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Total – 70. Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 64. NAYS – None. Absent and excused – Anderson(01), DeMordaunt, Hancey, Whereupon the Speaker declared HCR 7 adopted and Henderson, Loertscher, Malek. Total – 6. ordered the resolution transmitted to the Senate. Total – 70. Whereupon the Speaker declared that H 161 passed the H 96 - VETERINARIANS House. Title was approved and the bill ordered transmitted to the Senate. H 96 was read the third time at length, section by section, and placed before the House for final consideration. H 169 - LICENSE PLATES At this time, the Speaker recognized Mr. Erpelding to open H 169 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall H 96 pass?" At this time, the Speaker recognized Mr. Hixon to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, The question being, "Shall H 169 pass?" Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Roll call resulted as follows: Gannon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Gannon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Woodings, Youngblood, Mr. Speaker. Total – 63. Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, NAYS – Shepherd. Total – 1. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Absent and excused – Anderson(01), DeMordaunt, Hancey, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Henderson, Loertscher, Malek. Total – 6. Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 64. Total – 70. [February 22, 2013 HOUSE JOURNAL 125

Whereupon the Speaker declared that H 96 passed the House. At this time, the Speaker recognized Mr. Luker to open Title was approved and the bill ordered transmitted to the Senate. debate.

H 97 - VETERINARIANS The question being, "Shall H 177 pass?" H 97 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, At this time, the Speaker recognized Mrs. Agidius to open Dayley, Denney, Eskridge, Gannon, Gestrin, Gibbs, Harris, debate. Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Luker, The question being, "Shall H 97 pass?" McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Perry(Smith), Raybould, Romrell, Roll call resulted as follows: Shepherd, Sims, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderst, Andrus, Bateman, Batt, Bell, Ward-Engelking, Wills, Wood(27), Wood(Hall), Woodings, Bolz, Boyle, Chew, Crane, Dayley, Denney, Erpelding, Eskridge, Youngblood, Mr. Speaker. Total – 52. Gibbs, Horman, Kauffman, Kloc, McMillan, Meline, Moyle, NAYS – Burgoyne, Chew, Erpelding, King, Kloc, Meline, Palmer, Pence, Perry(Smith), Raybould, Romrell, Smith, Pence, Ringo, Rusche, Smith. Total – 10. Stevenson, VanOrden, Ward-Engelking, Wills, Wood(27), Absent and excused – Anderson(01), Barbieri, DeMordaunt, Youngblood, Mr. Speaker. Total – 34. Hancey, Henderson, Loertscher, Malek, Stevenson. Total – 8. NAYS – Anderson(31), Barbieri, Barrett, Burgoyne, Clow, Total – 70. Collins, Gannon, Gestrin, Harris, Hartgen, Hixon, Holtzclaw, Whereupon the Speaker declared that H 177 passed the King, Luker, Mendive, Miller, Monks, Morse, Nielsen, Packer, House. Title was approved and the bill ordered transmitted to Patterson, Ringo, Rusche, Shepherd, Sims, Thompson, Trujillo, the Senate. Vander Woude, Wood(Hall), Woodings. Total – 30. Absent and excused – Anderson(01), DeMordaunt, Hancey, S 1028 - EDUCATION Henderson, Loertscher, Malek. Total – 6. Total – 70. S 1028 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that H 97 passed the House. Title was approved and the bill ordered transmitted to the Senate. At this time, the Speaker recognized Mrs. Horman to open debate. H 12, as amended in the Senate - SALES AND USE TAX The question being, "Shall S 1028 pass?" H 12, as amended in the Senate, was read the third time at length, section by section, and placed before the House for final Roll call resulted as follows: consideration. AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, At this time, the Speaker recognized Mr. Dayley to open Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, debate. Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, Horman, The question being, "Shall H 12, as amended in the Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Senate, pass?" Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Romrell, Rusche, Shepherd, Roll call resulted as follows: Sims, Smith, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Ward-Engelking, Wills, Wood(27), Wood(Hall), Woodings, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Youngblood, Mr. Speaker. Total – 61. Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, NAYS – Ringo. Total – 1. Gannon, Gestrin, Gibbs, Harris, Hartgen, Hixon, Holtzclaw, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Hancey, Henderson, Loertscher, Malek, Stevenson. Total – 8. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Total – 70. Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Whereupon the Speaker declared that S 1028 passed the Rusche, Shepherd, Sims, Smith, Thompson, Trujillo, VanOrden, House. Title was approved and the bill ordered returned to the Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Senate. Woodings, Youngblood, Mr. Speaker. Total – 63. NAYS – None. H 153 - JURY SELECTION AND SERVICE Absent and excused – Anderson(01), DeMordaunt, Hancey, Henderson, Loertscher, Malek, Stevenson. Total – 7. H 153 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared H 12, as amended in At this time, the Speaker recognized Mr. Gannon and the Senate, passed the House. Title was approved and the bill Ms. Sims to open debate. referred to the Judiciary, Rules, and Administration Committee for enrolling. The question being, "Shall H 153 pass?"

H 177 - COLLEGE SAVINGS PROGRAM Roll call resulted as follows: AYES – Agidius, Anderson(31), Barrett, Bateman, Batt, H 177 was read the third time at length, section by section, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, and placed before the House for final consideration. Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, 126 HOUSE JOURNAL February 22, 2013]

Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(Hall), Woodings, Youngblood, Mr. Speaker. Total – 60. NAYS – Anderst, Andrus. Total – 2. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Hancey, Henderson, Loertscher, Malek, Stevenson. Total – 8. Total – 70. Whereupon the Speaker declared that H 153 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, February 25, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, February 25, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:53 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 25, 2013 HOUSE JOURNAL 127

HOUSE JOURNAL SCR 114, SCR 115, S 1101, S 1102, S 1103, S 1104, S 1034, and S 1035 were filed for first reading. OF THE IDAHO LEGISLATURE Report of Standing Committees February 25, 2013 FIRST REGULAR SESSION Mr. Speaker: SIXTY-SECOND LEGISLATURE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 12, H 210, H 211, H 212, H 213, H 214, H 215, H 216, and H 217. WILLS, Chairman HCR 12 and H 210 were filed for second reading. FIFTIETH LEGISLATIVE DAY MONDAY, FEBRUARY 25, 2013 H 211 and H 212 were referred to the Health and Welfare Committee.

House of Representatives H 213 and H 214 were referred to the Judiciary, Rules, and Administration Committee. The House convened at 11 a.m., the Speaker in the Chair. H 215 was referred to the State Affairs Committee. Roll call showed 67 members present. Absent and excused – Anderson(01), Chew, Henderson. H 216 and H 217 were referred to the Transportation and Total – 3. Defense Committee. Total – 70. February 25, 2013 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Brooklyn Burk, Page. ADMINISTRATION, report that we have enrolled H 12, as Approval of Journal amended in the Senate. WILLS, Chairman February 25, 2013 Mr. Speaker: The Speaker announced he was about to sign enrolled We, your COMMITTEE ON JUDICIARY, RULES, AND H 12, as amended in the Senate, and, when so signed, ordered it ADMINISTRATION, report that we have read and approved transmitted to the Senate for the signature of the President. the House Journal of the Forty-seventh Legislative Day and February 25, 2013 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Wills moved that the report be adopted. Seconded by ADMINISTRATION, report that we have transmitted enrolled Mr. Burgoyne. Report adopted. HCR 2 to the Secretary of State at 11:31 a.m., as of this date, February 22, 2013. Consideration of Messages from the WILLS, Chairman Governor and the Senate February 22, 2013 February 22, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND I transmit herewith enrolled S 1076 and S 1077 for the DEFENSE, report that we have had under consideration signature of the Speaker. HCR 8 and recommend that it do pass. NOVAK, Secretary PALMER, Chairman The Speaker announced he was about to sign enrolled HCR 8 was filed for second reading. S 1076 and S 1077 and, when so signed, ordered them returned to the Senate. February 25, 2013 Mr. Speaker: February 22, 2013 We, your COMMITTEE ON EDUCATION, report that we Mr. Speaker: have had under consideration H 205 and recommend that it do I return herewith enrolled H 115, H 40, H 81, H 84, H 83, pass. and H 17 which have been signed by the President. DEMORDAUNT, Chairman NOVAK, Secretary H 205 was filed for second reading. Enrolled H 115, H 40, H 81, H 84, H 83, and H 17 were referred to the Judiciary, Rules, and Administration Committee There being no objection, the House advanced to the Seventh for delivery to the Governor. Order of Business. February 22, 2013 Motions, Memorials, and Resolutions Mr. Speaker: I transmit herewith SCR 114, SCR 115, S 1101, S 1102, SCR 114 and SCR 115, by Judiciary and Rules Committee, S 1103, S 1104, S 1034, and S 1035 which have passed the Senate. were introduced, read the first time by title, and referred to the NOVAK, Secretary Judiciary, Rules, and Administration Committee. 128 HOUSE JOURNAL February 25, 2013]

Introduction, First Reading, and Reference Second Reading of Bills and Joint Resolutions of Bills and Joint Resolutions H 203, by Appropriations Committee, was read the second HOUSE BILL NO. 218 time by title and filed for third reading. BY EDUCATION COMMITTEE AN ACT H 142, H 178, and HCR 6, by Health and Welfare RELATING TO SCHOOL BONDS; AMENDING Committee, were read the second time by title and filed for third SECTION 33-1107, IDAHO CODE, TO REVISE PROVISIONS reading. RELATING TO THE ISSUANCE OF SCHOOL BONDS, H 162, by Education Committee, was read the second time TO ESTABLISH CERTAIN PROVISIONS RELATING TO by title and filed for third reading. AN ANNUAL TAX LEVY, TO ESTABLISH PROVISIONS RELATING TO THE ADOPTION OF AN AMORTIZATION S 1031, by Commerce and Human Resources Committee, PLAN, TO PROVIDE THAT BONDS MAY BE ISSUED AS was read the second time by title and filed for third reading. SERIAL OR TERM BONDS, TO ESTABLISH PROVISIONS RELATING TO INTEREST AND THAT EACH BOND H 131 and HJM 1, by Resources and Conservation SHALL BE NUMBERED, TO PROVIDE THAT EACH Committee, were read the second time by title and filed for third ISSUE SHALL MATURE AND BE PAID IN FULL NOT reading. MORE THAN THIRTY YEARS FROM THE DATE OF THE BONDS AND TO ESTABLISH THAT NO ISSUE SHALL H 102, H 103, H 105, and H 125, by Judiciary, Rules, and BE SOLD AT LESS THAN ITS AGGREGATE PAR VALUE; Administration Committee, were read the second time by title and REPEALING SECTION 33-1108, IDAHO CODE, RELATING filed for third reading. TO PRINTING OF BONDS; AMENDING SECTION 33-1109, IDAHO CODE, TO REMOVE LANGUAGE RELATING TO Third Reading of Bills and Joint Resolutions CERTAIN COUPONS AND TO REVISE A PROVISION RELATING TO THE RECORDING OF BONDS; AMENDING S 1016 - PRODUCER LICENSING SECTION 33-1111, IDAHO CODE, TO REVISE PROVISIONS S 1016 was read the third time at length, section by section, RELATING TO THE PUBLIC OR PRIVATE SALE OF BONDS, and placed before the House for final consideration. TO PROVIDE FOR ELECTRONIC BIDS, TO REMOVE LANGUAGE RELATING TO ELECTRONIC BIDDING At this time, the Speaker recognized Mrs. Horman to open AND TO REMOVE LANGUAGE RELATING TO THE debate. SALE OF CERTAIN BONDS AT LESS THAN PAR VALUE; REPEALING SECTION 33-1116, IDAHO CODE, RELATING The question being, "Shall S 1016 pass?" TO REFUNDING BONDS; AMENDING SECTION 33-1117, IDAHO CODE, TO REVISE PROVISIONS RELATING TO Roll call resulted as follows: THE REDEMPTION OF BONDS; AMENDING SECTION AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, 33-1121, IDAHO CODE, TO REVISE PROVISIONS Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, RELATING TO THE REFUNDING OF BONDS, TO Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, ESTABLISH ADDITIONAL PROVISIONS RELATING Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, TO THE REFUNDING OF BONDS AND TO REVISE Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, PROVISIONS RELATING TO THE ADVANCE REFUNDING Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, OF BONDS; REPEALING SECTION 33-1122, IDAHO Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, CODE, RELATING TO THE APPLICATION OF OTHER Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, STATUTES; REPEALING SECTION 33-1123, IDAHO CODE, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, RELATING TO AUTHORIZATION; REPEALING SECTION Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), 33-1124, IDAHO CODE, RELATING TO A RESOLUTION Woodings, Youngblood, Mr. Speaker. Total – 67. NOT TO BE AMENDED OR REPEALED; REPEALING NAYS – None. SECTION 33-1125, IDAHO CODE, RELATING TO THE Absent and excused – Anderson(01), Chew, Henderson. APPLICATION OF BOND PROCEEDS AND LIMITATIONS; Total – 3. AND AMENDING SECTION 33-354, IDAHO CODE, TO Total – 70. PROVIDE CORRECT CODE REFERENCES. Whereupon the Speaker declared that S 1016 passed the H 218 was introduced, read the first time by title, and House. Title was approved and the bill ordered returned to the referred to the Judiciary, Rules, and Administration Committee Senate. for printing. S 1017 - MAGISTRATE'S DIVISION S 1101, S 1102, S 1103, and S 1104, by Finance Committee, S 1017 was read the third time at length, section by section, were introduced, read the first time by title, and filed for second and placed before the House for final consideration. reading. At this time, the Speaker recognized Mr. Patterson to open debate. S 1034 and S 1035, by Judiciary and Rules Committee, were introduced, read the first time by title, and referred to the The question being, "Shall S 1017 pass?" Judiciary, Rules, and Administration Committee. Roll call resulted as follows: There being no objection, the House advanced to the Tenth AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Order of Business. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, [February 25, 2013 HOUSE JOURNAL 129

Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Woodings, Youngblood, Mr. Speaker. Total – 67. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, NAYS – None. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Absent and excused – Anderson(01), Chew, Henderson. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Total – 3. Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Total – 70. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that H 128 passed the Woodings, Youngblood, Mr. Speaker. Total – 67. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Anderson(01), Chew, Henderson. Total – 3. H 129 - IRRIGATION DISTRICTS Total – 70. H 129 was read the third time at length, section by section, Whereupon the Speaker declared that S 1017 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Erpelding to open debate. H 93 - FOREST AND RANGE FIRES The question being, "Shall H 129 pass?" H 93 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Anderson(31), Anderst, Andrus, Bateman, Batt, At this time, the Speaker recognized Ms. Boyle to open Bell, Bolz, Boyle, Collins, Crane, Denney, Erpelding, Eskridge, debate. Gestrin, Gibbs, Hancey, Horman, Kauffman, King, Kloc, Malek, Meline, Moyle, Packer, Patterson, Pence, Perry(Smith), The question being, "Shall H 93 pass?" Raybould, Ringo, Romrell, Rusche, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Woodings, Youngblood. Total – 41. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, NAYS – Agidius, Barbieri, Barrett, Burgoyne, Clow, Dayley, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, DeMordaunt, Gannon, Harris, Hartgen, Hixon, Holtzclaw, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Loertscher, Luker, McMillan, Mendive, Miller, Monks, Morse, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Nielsen, Palmer, Shepherd, Sims, Stevenson, Wood(35), Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Mr. Speaker. Total – 26. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Absent and excused – Anderson(01), Chew, Henderson. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Total – 3. Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Total – 70. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that H 129 passed the Woodings, Youngblood, Mr. Speaker. Total – 67. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Anderson(01), Chew, Henderson. Total – 3. H 130 - IRRIGATION DISTRICTS - ELECTIONS Total – 70. H 130 was read the third time at length, section by section, Whereupon the Speaker declared that H 93 passed the House. and placed before the House for final consideration. Title was approved and the bill ordered transmitted to the Senate. At this time, the Speaker recognized Mr. Raybould to open H 128 - WATER debate. H 128 was read the third time at length, section by section, The question being, "Shall H 130 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Miller to open AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, debate. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, The question being, "Shall H 128 pass?" Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Woodings, Youngblood, Mr. Speaker. Total – 67. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – None. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Absent and excused – Anderson(01), Chew, Henderson. Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Total – 3. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Total – 70. 130 HOUSE JOURNAL February 25, 2013]

Whereupon the Speaker declared that H 130 passed the There being no objection, the House advanced to the House. Title was approved and the bill ordered transmitted to Sixteenth Order of Business. the Senate. Adjournment H 132 - FOREST AND RANGE FIRE Mr. Moyle moved that the House adjourn until 11 a.m., H 132 was read the third time at length, section by section, Tuesday, February 26, 2013. Seconded by Mr. Rusche. Motion and placed before the House for final consideration. carried. At this time, the Speaker recognized Mr. Gestrin to open Whereupon the Speaker declared the House adjourned at debate. 12:01 p.m. SCOTT BEDKE, Speaker The question being, "Shall H 132 pass?" ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 60. NAYS – Burgoyne, Gannon, King, Kloc, Luker, Ringo, Woodings. Total – 7. Absent and excused – Anderson(01), Chew, Henderson. Total – 3. Total – 70. Whereupon the Speaker declared that H 132 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 139 - INCOME TAXES - PARTNERSHIP INCOME H 139 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Erpelding to open debate. The question being, "Shall H 139 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – Rusche, Ward-Engelking. Total – 2. Absent and excused – Anderson(01), Chew, Henderson. Total – 3. Total – 70. Whereupon the Speaker declared that H 139 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. [February 26, 2013 HOUSE JOURNAL 131

HOUSE JOURNAL February 25, 2013 Mr. Speaker: OF THE I transmit herewith SCR 112, S 1061, S 1092, S 1065, and S 1081 which have passed the Senate. IDAHO LEGISLATURE NOVAK, Secretary SCR 112, S 1061, S 1092, S 1065, and S 1081 were filed for FIRST REGULAR SESSION first reading. SIXTY-SECOND LEGISLATURE Report of Standing Committees February 26, 2013 Mr. Speaker: FIFTY-FIRST LEGISLATIVE DAY We, your COMMITTEE ON JUDICIARY, RULES, AND TUESDAY, FEBRUARY 26, 2013 ADMINISTRATION, report that we have printed H 218. WILLS, Chairman House of Representatives H 218 was referred to the Education Committee. The House convened at 11 a.m., the Speaker in the Chair. February 26, 2013 Roll call showed 69 members present. Mr. Speaker: Absent and excused – Henderson. Total – 1. We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 70. ADMINISTRATION, report that we have transmitted enrolled H 115, H 40, H 81, H 84, H 83, and H 17 to the Governor at Prayer was offered by Chaplain Tom Dougherty. 11:35 a.m., as of this date, February 25, 2013. WILLS, Chairman The Pledge of Allegiance was led by Eric Labra, Page. Approval of Journal February 25, 2013 Mr. Speaker: February 26, 2013 We, your COMMITTEE ON STATE AFFAIRS, report Mr. Speaker: that we have had under consideration H 183 and H 192 and We, your COMMITTEE ON JUDICIARY, RULES, AND recommend that they do pass. ADMINISTRATION, report that we have read and approved the LOERTSCHER, Chairman House Journal of the Fiftieth Legislative Day and recommend that same be adopted as corrected. H 183 and H 192 were filed for second reading. WILLS, Chairman February 25, 2013 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON BUSINESS, report that we have had under consideration H 197 and recommend that it do pass. Consideration of Messages from the HENDERSON, Chairman Governor and the Senate H 197 was filed for second reading. OFFICE OF THE GOVERNOR Boise February 25, 2013 Mr. Speaker: February 26, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under The Honorable Scott Bedke consideration H 147, H 148, and H 149 and recommend that Speaker of the House they do pass. WILLS, Chairman Dear Mr. Speaker: I have the honor to advise you that I have signed today and H 147, H 148, and H 149 were filed for second reading. am transmitting to the Secretary of State the following House bills, to wit: February 25, 2013 Mr. Speaker: H 20, H 24, H 25, H 52, and H 87 We, your COMMITTEE ON RESOURCES AND As Always - Idaho, "Esto Perpetua" CONSERVATION, report that we have had under consideration /s/ S 1001, S 1003, as amended, and S 1004 and recommend that Acting Governor of Idaho they do pass. DENNEY, Chairman February 25, 2013 Mr. Speaker: S 1001, S 1003, as amended, and S 1004 were filed for I transmit herewith enrolled S 1010 for the signature of the second reading. Speaker. NOVAK, Secretary February 25, 2013 Mr. Speaker: The Speaker announced he was about to sign enrolled We, your COMMITTEE ON RESOURCES AND S 1010 and, when so signed, ordered it returned to the Senate. CONSERVATION, report that we have had under consideration 132 HOUSE JOURNAL February 26, 2013]

S 1049 and report it back with amendments attached to be placed TO LIMITATIONS ON THE APPROVAL OF A PUBLIC on General Orders for consideration. CHARTER SCHOOL BY A BOARD OF TRUSTEES, TO DENNEY, Chairman REVISE PROVISIONS RELATING TO A PUBLIC VIRTUAL SCHOOL CHARTER, TO REVISE PROVISIONS RELATING S 1049 was placed on General Orders for consideration. TO THE DESIGNATION OF A PUBLIC CHARTER SCHOOL February 26, 2013 AS A LOCAL EDUCATION AGENCY; AMENDING Mr. Speaker: CHAPTER 52, TITLE 33, IDAHO CODE, BY THE ADDITION We, your COMMITTEE ON REVENUE AND TAXATION, OF A NEW SECTION 33-5203A, IDAHO CODE, TO report that we have had under consideration H 157 and ESTABLISH PROVISIONS RELATING TO THE APPROVAL recommend that it do pass. OF AUTHORIZED CHARTERING ENTITIES AND SUCH COLLINS, Chairman ENTITIES' AUTHORITY, TO ESTABLISH PROVISIONS RELATING TO AN APPLICATION TO BECOME AN H 157 was filed for second reading. AUTHORIZED CHARTERING ENTITY, TO ESTABLISH PROVISIONS RELATING TO AN APPLICATION There being no objection, the House advanced to the Seventh FORM, TO ESTABLISH PROVISIONS RELATING TO Order of Business. CRITERIA, TO ESTABLISH PROVISIONS RELATING Motions, Memorials, and Resolutions TO THE WITHDRAWAL OF A CERTAIN ENTITY, TO ESTABLISH PROVISIONS RELATING TO TRAINING, SCR 112, by State Affairs Committee, was introduced, read PERFORMANCE REVIEW AND CORRECTIVE ACTION; the first time by title, and referred to the State Affairs Committee. AMENDING SECTION 33-5205, IDAHO CODE, TO REVISE Introduction, First Reading, and Reference PROVISIONS RELATING TO A PETITION TO ESTABLISH of Bills and Joint Resolutions A PUBLIC CHARTER SCHOOL AND A NEW PUBLIC VIRTUAL SCHOOL, TO REMOVE LANGUAGE RELATING HOUSE BILL NO. 219 TO THE PUBLIC CHARTER SCHOOL COMMISSION, BY STATE AFFAIRS COMMITTEE TO REVISE PROVISIONS RELATING TO A PUBLIC AN ACT HEARING, TO REVISE PROVISIONS RELATING TO A RELATING TO FIREARMS; PROVIDING A SHORT DECISION ON A PETITION, TO REVISE PROVISIONS TITLE; AMENDING CHAPTER 33, TITLE 18, IDAHO RELATING TO CERTAIN ADDITIONAL STATEMENTS, CODE, BY THE ADDITION OF A NEW SECTION 18-3315B, TO ESTABLISH PROVISIONS RELATING TO AN INITIAL IDAHO CODE, TO PROVIDE CERTAIN PROHIBITED CHARTER AND TERM OF OPERATIONS AND TO MAKE ACTS REGARDING FIREARMS BY PUBLIC EMPLOYEES A TECHNICAL CORRECTION; AMENDING SECTION AND OFFICERS OF GOVERNMENTAL ENTITIES, TO 33-5205A, IDAHO CODE, TO REVISE PROVISIONS PROVIDE PENALTIES, TO ESTABLISH THAT CERTAIN RELATING TO THE TRANSFER OF A CHARTER, TO LAWS ARE UNENFORCEABLE IN IDAHO BY STATE REMOVE LANGUAGE RELATING TO THE PUBLIC AND LOCAL GOVERNMENT OFFICIALS, AGENTS OR CHARTER SCHOOL COMMISSION AND TO ESTABLISH EMPLOYEES AND TO DEFINE A TERM; PROVIDING LANGUAGE RELATING TO AUTHORIZED CHARTERING SEVERABILITY; DECLARING AN EMERGENCY AND ENTITIES; AMENDING CHAPTER 52, TITLE 33, IDAHO PROVIDING RETROACTIVE APPLICATION. CODE, BY THE ADDITION OF A NEW SECTION 33-5205B, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING HOUSE BILL NO. 220 TO CHARTER CONTRACTS, TO ESTABLISH PROVISIONS BY STATE AFFAIRS COMMITTEE RELATING TO PERFORMANCE EXPECTATIONS AND AN ACT MEASURES, TO ESTABLISH PROVISIONS RELATING RELATING TO HORSE RACING; AMENDING SECTION TO THE EXECUTION OF SUCH CONTRACTS AND TO 54-2502, IDAHO CODE, TO DEFINE A TERM; AMENDING PROVIDE THAT CERTAIN PUBLIC CHARTER SCHOOLS SECTION 54-2505, IDAHO CODE, TO REVISE A CODE SHALL EXECUTE CONTRACTS NO LATER THAN A REFERENCE; AND AMENDING CHAPTER 25, TITLE 54, CERTAIN DATE; AMENDING SECTION 33-5206, IDAHO IDAHO CODE, BY THE ADDITION OF A NEW SECTION CODE, TO ESTABLISH PROVISIONS RELATING TO 54-2512A, IDAHO CODE, TO PROVIDE FOR WAGERING CERTAIN REQUIREMENTS, TO REVISE PROVISIONS ON HISTORICAL HORSE RACES, TO PROVIDE FOR RELATING TO THE SUBMISSION OF AN AUDIT, TO THE DISTRIBUTION AND PAYMENT OF ALL SUMS REVISE PROVISIONS RELATING TO THE REVISION DEPOSITED IN ANY HISTORICAL HORSE RACE POOL, OF A CHARTER OR CONTRACT AND TO REVISE TO PROVIDE FOR THE CONTINUOUS APPROPRIATION PROVISIONS RELATING TO A NONRENEWED CHARTER; OF CERTAIN MONEYS, TO PROVIDE FOR CERTAIN AMENDING SECTION 33-5207, IDAHO CODE, TO REVISE AGREEMENTS WITH HORSEMEN'S GROUPS, TO PROVISIONS RELATING TO RECONSIDERATION OF A PROVIDE FOR THE HISTORICAL HORSE RACE PURSE DECISION TO DENY A PETITION; AMENDING SECTION MONEYS FUND AND TO PROVIDE FOR RULEMAKING. 33-5208, IDAHO CODE, TO REVISE PROVISIONS RELATING TO A PAYMENT SCHEDULE AND TO HOUSE BILL NO. 221 REMOVE A REFERENCE TO THE STATE BOARD; BY EDUCATION COMMITTEE REPEALING SECTION 33-5209, IDAHO CODE, RELATING AN ACT TO ENFORCEMENT, REVOCATION AND APPEAL; RELATING TO EDUCATION; AMENDING SECTION AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, 33-1009, IDAHO CODE, TO PROVIDE FOR AN BY THE ADDITION OF A NEW SECTION 33-5209A, EXCEPTION AND TO MAKE TECHNICAL CORRECTIONS; IDAHO CODE, TO ESTABLISH PROVISIONS RELATING AMENDING SECTION 33-5202A, IDAHO CODE, TO TO ACCOUNTABILITY OF EACH PUBLIC CHARTER REVISE DEFINITIONS; AMENDING SECTION 33-5203, SCHOOL AND CERTAIN PERFORMANCE INDICATORS; IDAHO CODE, TO REVISE PROVISIONS RELATING AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, [February 26, 2013 HOUSE JOURNAL 133

BY THE ADDITION OF A NEW SECTION 33-5209B, Third Reading of Bills and Joint Resolutions IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO CHARTER RENEWALS, RENEWAL APPLICATIONS, CHARTER RENEWAL DECISIONS, REVOCATION AND H 167 - MOTOR VEHICLE DEALERS AND SALESMEN NONRENEWAL PROCESSES AND ESTABLISHING PROVISIONS RELATING TO AN AUTHORIZED H 167 was read the third time at length, section by section, CHARTERING ENTITY RENEWING OR NONRENEWING and placed before the House for final consideration. ANY CHARTER; AMENDING CHAPTER 52, TITLE 33, At this time, the Speaker recognized Mrs. Wood(35) to open IDAHO CODE, BY THE ADDITION OF A NEW SECTION debate. 33-5209C, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO AN AUTHORIZED CHARTERING Pursuant to Rule 38(3), Mr. Gannon disclosed a conflict of ENTITY MONITORING PERFORMANCE, TO ESTABLISH interest regarding H 167. PROVISIONS RELATING TO A PERFORMANCE REPORT, TO ESTABLISH PROVISIONS RELATING TO CERTAIN Pursuant to Rule 38(3), Mr. Hancey disclosed a conflict of FISCAL SOUNDNESS, TO ESTABLISH PROVISIONS interest regarding H 167. RELATING TO NOTIFICATION REGARDING VIOLATION OF LAW, TO ESTABLISH PROVISIONS RELATING TO Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of REVOCATION OR NONRENEWAL OF A CHARTER, TO interest regarding H 167. PROVIDE FOR A REPORT, TO ESTABLISH PROVISIONS The question being, "Shall H 167 pass?" RELATING TO A PUBLIC HEARING AND TO PROVIDE FOR AN APPEAL; AMENDING SECTION 33-5211, IDAHO Roll call resulted as follows: CODE, TO REMOVE A REFERENCE TO A PETITION, AYES – Anderson(01), Anderson(31), Anderst, Andrus, TO PROVIDE A REFERENCE TO A CHARTER AND Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Chew, Clow, CHARTER CONTRACT AND TO MAKE TECHNICAL Collins, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, CORRECTIONS; AMENDING CHAPTER 52, TITLE 33, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Holtzclaw, Horman, IDAHO CODE, BY THE ADDITION OF A NEW SECTION Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, 33-5212, IDAHO CODE, TO ESTABLISH PROVISIONS Miller, Morse, Moyle, Packer, Palmer, Patterson, Pence, RELATING TO PUBLIC CHARTER SCHOOL CLOSURE Perry(Smith), Raybould, Ringo, Romrell, Rusche, Smith, DECISIONS AND THE DISTRIBUTION OF ASSETS; Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AMENDING SECTION 33-5213, IDAHO CODE, TO Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, REVISE PROVISIONS RELATING TO THE MEMBERSHIP Youngblood, Mr. Speaker. Total – 57. AND TERMS OF THE PUBLIC CHARTER SCHOOL NAYS – Agidius, Boyle, Burgoyne, Dayley, Harris, COMMISSION AND TO REVISE PROVISIONS RELATING McMillan, Mendive, Monks, Nielsen, Shepherd, Sims. Total – 11. TO THE REQUIREMENTS OF MEMBERSHIP; AND Absent and excused – Crane, Henderson. Total – 2. PROVIDING EFFECTIVE DATES. Total – 70. H 219, H 220, and H 221 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Whereupon the Speaker declared that H 167 passed the Committee for printing. House. Title was approved and the bill ordered transmitted to S 1061, by Resources and Environment Committee, was the Senate. introduced, read the first time by title, and referred to the Resources and Conservation Committee. H 121 - CREDIT RATING ENHANCEMENT COMMITTEE S 1092, by Education Committee, was introduced, read the first time by title, and referred to the Education Committee. H 121 was read the third time at length, section by section, and placed before the House for final consideration. S 1065 and S 1081, by Transportation Committee, were introduced, read the first time by title, and referred to the At this time, the Speaker recognized Mr. Youngblood to open Transportation and Defense Committee. debate. There being no objection, the House advanced to the Tenth The question being, "Shall H 121 pass?" Order of Business. Roll call resulted as follows: Second Reading of Bills and Joint Resolutions AYES – Agidius, Anderson(01), Anderson(31), Anderst, HCR 12, by State Affairs Committee, was read the second Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, time by title and filed for third reading. Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, H 210, by Appropriations Committee, was read the second Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, time by title and filed for third reading. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, HCR 8, by Transportation and Defense Committee, was read Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, the second time by title and filed for third reading. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, H 205, by Education Committee, was read the second time Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, by title and filed for third reading. Youngblood, Mr. Speaker. Total – 66. NAYS – Barrett, Wood(35). Total – 2. S 1101, S 1102, S 1103, and S 1104, by Finance Committee, Absent and excused – Crane, Henderson. Total – 2. were read the second time by title and filed for third reading. Total – 70. 134 HOUSE JOURNAL February 26, 2013]

Whereupon the Speaker declared that H 121 passed the H 175 - LIVESTOCK LIENS House. Title was approved and the bill ordered transmitted to the Senate. H 175 was read the third time at length, section by section, and placed before the House for final consideration.

H 159 - RETAIL SALE OF LIQUOR At this time, the Speaker recognized Mrs. McMillan to open debate. H 159 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 175 pass?" At this time, the Speaker recognized Mr. Gibbs to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, The question being, "Shall H 159 pass?" Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Roll call resulted as follows: Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Barbieri, Barrett, Bateman, Bell, Bolz, Burgoyne, Chew, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Clow, Collins, DeMordaunt, Erpelding, Eskridge, Gannon, Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Gibbs, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, King, Kloc, Malek, McMillan, Meline, Miller, Morse, Packer, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, NAYS – None. VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Absent and excused – Henderson. Total – 1. Youngblood, Mr. Speaker. Total – 51. Total – 70. NAYS – Andrus, Batt, Boyle, Crane, Dayley, Denney, Gestrin, Hancey, Harris, Hixon, Loertscher, Luker, Mendive, Whereupon the Speaker declared that H 175 passed the Monks, Moyle, Nielsen, Palmer, Vander Woude, Wood(35). House. Title was approved and the bill ordered transmitted to Total – 19. the Senate. Paired Votes: Mr. Moyle asked unanimous consent that H 118 be placed at AYE – Henderson NAY – Moyle the top of the Third Reading Calendar. There being no objection, (Pairs enumerated in roll call above.) it was so ordered. Total – 70. Whereupon the Speaker declared that H 159 passed the H 118 - AIRCRAFT REGISTRATION House. Title was approved and the bill ordered transmitted to H 118 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. H 185 - DRINKING WATER AND WASTEWATER At this time, the Speaker recognized Mr. Gibbs to open PROFESSIONALS debate. H 185 was read the third time at length, section by section, The question being, "Shall H 118 pass?" and placed before the House for final consideration. At this time, the Speaker recognized Mr. Monks to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderst, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Denney, The question being, "Shall H 185 pass?" Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Horman, Kauffman, King, Kloc, Loertscher, Malek, Roll call resulted as follows: Meline, Miller, Morse, Packer, Palmer, Patterson, Pence, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Smith, Stevenson, Trujillo, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 49. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – Anderson(31), Barbieri, Barrett, Boyle, Crane, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Dayley, DeMordaunt, Harris, Holtzclaw, Luker, McMillan, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Mendive, Monks, Moyle, Nielsen, Sims, Thompson, VanOrden, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Vander Woude, Wood(35). Total – 20. Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Absent and excused – Henderson. Total – 1. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Total – 70. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Whereupon the Speaker declared that H 118 passed the NAYS – None. House. Title was approved and the bill ordered transmitted to Absent and excused – Henderson. Total – 1. the Senate. Total – 70. H 117 - AERONAUTICS Whereupon the Speaker declared that H 185 passed the House. Title was approved and the bill ordered transmitted to H 117 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. [February 26, 2013 HOUSE JOURNAL 135

At this time, the Speaker recognized Mr. Gibbs to open debate. Pursuant to Rule 38(3), Mr. Gibbs disclosed a conflict of interest regarding H 117. Pursuant to Rule 38(3), Mr. Palmer disclosed a conflict of interest regarding H 117. The question being, "Shall H 117 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Henderson. Total – 1. Total – 70. Whereupon the Speaker declared that H 117 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, February 27, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:59 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 136 HOUSE JOURNAL February 27, 2013]

HOUSE JOURNAL February 26, 2013 Mr. Speaker: OF THE I return herewith HCR 4 and H 29 which have passed the Senate. IDAHO LEGISLATURE NOVAK, Secretary HCR 4 and H 29 were referred to the Judiciary, Rules, and FIRST REGULAR SESSION Administration Committee for enrolling. SIXTY-SECOND LEGISLATURE Report of Standing Committees February 27, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND FIFTY-SECOND LEGISLATIVE DAY ADMINISTRATION, report that we have printed H 219, H 220, WEDNESDAY, FEBRUARY 27, 2013 and H 221. WILLS, Chairman House of Representatives H 219 and H 220 were referred to the State Affairs Committee. The House convened at 11 a.m., the Speaker in the Chair. H 221 was referred to the Education Committee. Roll call showed 68 members present. Absent and excused – Henderson, Nielsen. Total – 2. February 26, 2013 Total – 70. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that Prayer was offered by Chaplain Tom Dougherty. we have had under consideration H 181 and recommend that it The Pledge of Allegiance was led by Laura Spencer, Page. do pass. LOERTSCHER, Chairman Approval of Journal H 181 was filed for second reading. February 27, 2013 Mr. Speaker: February 26, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved the We, your COMMITTEE ON EDUCATION, report that we House Journal of the Fifty-first Legislative Day and recommend have had under consideration H 206 and recommend that it do that same be adopted as corrected. pass. WILLS, Chairman DEMORDAUNT, Chairman Mr. Wills moved that the report be adopted. Seconded by H 206 was filed for second reading. Mr. Burgoyne. Report adopted. Mr. DeMordaunt asked unanimous consent that H 206 be Consideration of Messages from the returned to the Education Committee. There being no objection, Governor and the Senate it was so ordered. February 26, 2013 February 26, 2013 Mr. Speaker: Mr. Speaker: I transmit herewith enrolled S 1028 for the signature of the We, your COMMITTEE ON TRANSPORTATION AND Speaker. DEFENSE, report that we have had under consideration H 155, NOVAK, Secretary H 170, H 171, and S 1006, as amended, and recommend that The Speaker announced he was about to sign enrolled they do pass. S 1028 and, when so signed, ordered it returned to the Senate. PALMER, Chairman February 26, 2013 H 155, H 170, H 171, and S 1006, as amended, were filed Mr. Speaker: for second reading. I return herewith enrolled H 12, as amended in the Senate, February 27, 2013 which has been signed by the President. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON EDUCATION, report that we Enrolled H 12, as amended in the Senate, was referred to the have had under consideration S 1027 and recommend that it do Judiciary, Rules, and Administration Committee for delivery to pass. the Governor. DEMORDAUNT, Chairman February 26, 2013 S 1027 was filed for second reading. Mr. Speaker: I transmit herewith S 1083, S 1014, S 1100, S 1089, and February 26, 2013 S 1058 which have passed the Senate. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration SCR 105 and S 1083, S 1014, S 1100, S 1089, and S 1058 were filed for recommend that it do pass. first reading. COLLINS, Chairman [February 27, 2013 HOUSE JOURNAL 137

SCR 105 was filed for second reading. TO SPECIAL APPLICATIONS OF THE EDUCATIONAL SUPPORT PROGRAM, TO ESTABLISH PROVISIONS There being no objection, the House advanced to the Seventh RELATING TO A DECREASE IN TOTAL AVERAGE Order of Business. DAILY ATTENDANCE AND TO LIMIT THE APPLICATION OF LAW, TO ESTABLISH PROVISIONS RELATING TO Motions, Memorials, and Resolutions THE APPLICATION OF THE SUPPORT PROGRAM TO SEPARATE ELEMENTARY SCHOOLS, TO CERTAIN Mr. Moyle moved that the following persons be approved HARDSHIP ELEMENTARY SCHOOLS AND SEPARATE as attaches to serve the House of Representatives for and during ATTENDANCE UNITS, TO SEPARATE SECONDARY the First Regular Session of the Sixty-second Idaho Legislature. SCHOOLS, TO CERTAIN ELEMENTARY AND Seconded by Mr. Rusche. SECONDARY GRADES IN ELEMENTARY/SECONDARY SCHOOLS AND TO CERTAIN HARDSHIP SECONDARY Pages: SCHOOLS, TO ESTABLISH PROVISIONS RELATING Joseph Andrus Francesca Ghiorso TO MINIMUM PUPILS REQUIRED IN CERTAIN ELEMENTARY SCHOOLS, TO ESTABLISH PROVISIONS Whereupon the Speaker declared the motion carried by RELATING TO CERTAIN SCHOOLS THAT ARE REMOTE voice vote and announced the oath of office had previously been AND ISOLATED FROM OTHER SCHOOLS AND TO administered to Joseph Andrus and Francesca Ghiorso. ESTABLISH PROVISIONS RELATING TO THE SUPPORT PROGRAM WHEN DISTRICT BOUNDARIES ARE Introduction, First Reading, and Reference CHANGED; AND DECLARING AN EMERGENCY. of Bills and Joint Resolutions HOUSE BILL NO. 226 HOUSE BILL NO. 222 BY EDUCATION COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO EDUCATION; AMENDING SECTION RELATING TO VETERANS; PROVIDING A SHORT 33-1002C, IDAHO CODE, TO ESTABLISH PROVISIONS TITLE AND LEGISLATIVE INTENT; AMENDING TITLE 65, RELATING TO THE USE OF FULL-TERM AVERAGE DAILY IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER ATTENDANCE TO CALCULATE SUPPORT UNITS FOR 7, TITLE 65, IDAHO CODE, TO PROVIDE LEGISLATIVE CERTAIN ALTERNATIVE SECONDARY SCHOOLS AND PURPOSE, TO CREATE THE IDAHO VETERANS TO PROVIDE THAT CERTAIN SUPPORT UNITS SHALL BE RECOGNITION FUND, TO PROVIDE DISTRIBUTIONS USED FOR ALL STATE FUNDING FORMULAS IN WHICH FROM THE VETERANS RECOGNITION FUND, TO SUPPORT UNITS ARE USED. CREATE THE IDAHO VETERANS RECOGNITION INCOME FUND, TO PROVIDE A COMMITTEE TO PREPARE AND RECOMMEND AN ALLOCATION PLAN AND TO HOUSE BILL NO. 227 PROVIDE FOR AN ANNUAL ALLOCATION PLAN. BY REVENUE AND TAXATION COMMITTEE AN ACT HOUSE BILL NO. 223 RELATING TO EDUCATION; AMENDING TITLE 33, BY STATE AFFAIRS COMMITTEE IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER AN ACT 57, TITLE 33, IDAHO CODE, TO PROVIDE A SHORT TITLE, RELATING TO CONCEALED WEAPONS; AMENDING TO PROVIDE DEFINITIONS, TO ESTABLISH PROVISIONS SECTION 18-3302, IDAHO CODE, TO REVISE THE RELATING TO A TAX CREDIT FOR CONTRIBUTIONS DEFINITION OF "CONCEALED WEAPON" AND TO MAKE MADE TO A SCHOLARSHIP GRANTING ORGANIZATION, A TECHNICAL CORRECTION; AND DECLARING AN TO ESTABLISH PROVISIONS RELATING TO THE DUTIES EMERGENCY. AND RESPONSIBILITIES OF SCHOLARSHIP GRANTING ORGANIZATIONS, TO ESTABLISH PROVISIONS HOUSE BILL NO. 224 RELATING TO THE DUTIES AND RESPONSIBILITIES BY EDUCATION COMMITTEE OF THE STATE DEPARTMENT OF EDUCATION, TO AN ACT PROVIDE FOR RULES, TO ESTABLISH PROVISIONS RELATING TO EDUCATION; AMENDING CHAPTER RELATING TO THE DUTIES AND RESPONSIBILITIES 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A OF PARTICIPATING SCHOOLS, TO PROVIDE FOR NEW SECTION 33-513A, IDAHO CODE, TO ESTABLISH LIMITATION OF REGULATORY AUTHORITY, AND TO PROVISIONS GOVERNING CERTAIN CONTRACTS; PROVIDE THAT THE AMOUNT OF A SCHOLARSHIP DECLARING AN EMERGENCY AND PROVIDING A SHALL NOT BE TREATED AS INCOME; AND PROVIDING SUNSET DATE. AN EFFECTIVE DATE.

HOUSE BILL NO. 225 HOUSE BILL NO. 228 BY EDUCATION COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO EDUCATION; REPEALING SECTION RELATING TO PROPERTY TAXATION; AMENDING 33-1003, IDAHO CODE, RELATING TO SPECIAL SECTION 63-208, IDAHO CODE, TO PROVIDE THAT APPLICATIONS OF THE EDUCATIONAL SUPPORT THERE WILL BE NO ADJUSTMENT FOR OBSOLESCENCE PROGRAM; AMENDING CHAPTER 10, TITLE 33, IDAHO WITHOUT EVIDENCE OF THE CAUSE OF CLAIMED CODE, BY THE ADDITION OF A NEW SECTION 33-1003, OBSOLESCENCE, THE QUANTITY OF SUCH IDAHO CODE, TO ESTABLISH PROVISIONS RELATING OBSOLESCENCE AND THAT THE ASSERTED CAUSE 138 HOUSE JOURNAL February 27, 2013]

OF THE OBSOLESCENCE ACTUALLY NEGATIVELY At this time, the Speaker recognized Mr. Smith to open AFFECTS THE SUBJECT PROPERTY, TO PROVIDE debate. APPLICATION, TO PROVIDE FOR RULES AND TO PROVIDE SEVERABILITY. Pursuant to Rule 38(3), Mr. Palmer disclosed a conflict of interest regarding H 103. HOUSE BILL NO. 229 The question being, "Shall H 103 pass?" BY STATE AFFAIRS COMMITTEE AN ACT Roll call resulted as follows: RELATING TO FIREARMS, EXPLOSIVES AND AYES – Anderson(01), Anderson(31), Anderst, Andrus, OTHER DEADLY WEAPONS; PROVIDING LEGISLATIVE Bateman, Bell, Bolz, Burgoyne, Chew, Collins, Eskridge, DECLARATION; AMENDING SECTION 18-3315A, IDAHO Gannon, Gibbs, Hancey, Hartgen, Horman, King, Kloc, CODE, TO REVISE AND TO ESTABLISH ADDITIONAL Loertscher, Luker, Malek, Meline, Morse, Packer, Patterson, PROVISIONS RELATING TO THE PROHIBITION OF Pence, Perry(Smith), Ringo, Romrell, Rusche, Smith, Trujillo, FEDERAL REGULATION OF CERTAIN FIREARMS; VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), PROVIDING SEVERABILITY; AND DECLARING AN Woodings, Youngblood, Mr. Speaker. Total – 40. EMERGENCY. NAYS – Agidius, Barbieri, Barrett, Batt, Boyle, Clow, H 222, H 223, H 224, H 225, H 226, H 227, H 228, and Crane, Dayley, DeMordaunt, Denney, Erpelding, Gestrin, Harris, H 229 were introduced, read the first time by title, and referred to Hixon, Holtzclaw, Kauffman, McMillan, Mendive, Miller, the Judiciary, Rules, and Administration Committee for printing. Monks, Moyle, Palmer, Raybould, Shepherd, Sims, Stevenson, Thompson, Vander Woude. Total – 28. S 1083, by Transportation Committee, was introduced, read Absent and excused – Henderson, Nielsen. Total – 2. the first time by title, and referred to the Transportation and Total – 70. Defense Committee. Whereupon the Speaker declared that H 103 passed the S 1014, by Health and Welfare Committee, was introduced, House. Title was approved and the bill ordered transmitted to read the first time by title, and referred to the Health and Welfare the Senate. Committee. H 168 - MOTOR CARRIER CONTRACTS S 1100, by Health and Welfare Committee, was introduced, read the first time by title, and referred to the Business H 168 was read the third time at length, section by section, Committee. and placed before the House for final consideration. S 1089, by Education Committee, was introduced, read the At this time, the Speaker recognized Mr. Youngblood to open first time by title, and referred to the Education Committee. debate. S 1058, by State Affairs Committee, was introduced, read the The question being, "Shall H 168 pass?" first time by title, and referred to the State Affairs Committee. Roll call resulted as follows: There being no objection, the House advanced to the Tenth AYES – Agidius, Anderson(01), Anderson(31), Anderst, Order of Business. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Second Reading of Bills and Joint Resolutions Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, H 183 and H 192, by State Affairs Committee, were read the Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, second time by title and filed for third reading. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, H 197, by Business Committee, was read the second time by Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, title and filed for third reading. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), H 147, H 148, and H 149, by Judiciary, Rules, and Woodings, Youngblood, Mr. Speaker. Total – 68. Administration Committee, were read the second time by title NAYS – None. and filed for third reading. Absent and excused – Henderson, Nielsen. Total – 2. Total – 70. S 1001, S 1003, as amended, and S 1004, by Resources and Environment Committee, were read the second time by title and Whereupon the Speaker declared that H 168 passed the filed for third reading. House. Title was approved and the bill ordered transmitted to the Senate. H 157, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. S 1044 - MOTORCYCLES Third Reading of Bills and Joint Resolutions S 1044 was read the third time at length, section by section, Mr. Moyle asked unanimous consent that H 103 be placed at and placed before the House for final consideration. the top of the Third Reading Calendar. There being no objection, At this time, the Speaker recognized Mr. Patterson to open it was so ordered. debate. H 103 - FEES Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of interest regarding S 1044. H 103 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1044 pass?" [February 27, 2013 HOUSE JOURNAL 139

Roll call resulted as follows: Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Woodings, Youngblood, Mr. Speaker. Total – 68. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, NAYS – None. Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Absent and excused – Henderson, Nielsen. Total – 2. Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Total – 70. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that H 187 passed the Woodings, Youngblood, Mr. Speaker. Total – 68. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Henderson, Nielsen. Total – 2. Total – 70. H 203 - APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - INDIRECT SUPPORT Whereupon the Speaker declared that S 1044 passed the SERVICES AND PUBLIC HEALTH SERVICES House. Title was approved and the bill ordered returned to the Senate. H 203 was read the third time at length, section by section, and placed before the House for final consideration. H 184 - INCOME TAX At this time, the Speaker recognized Ms. Stevenson to open H 184 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall H 203 pass?" At this time, the Speaker recognized Mr. Moyle to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 184 pass?" Andrus, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Roll call resulted as follows: Eskridge, Gannon, Gibbs, Hancey, Hartgen, Hixon, Horman, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Miller, Monks, Moyle, Packer, Palmer, Patterson, Pence, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Smith, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Youngblood, Mr. Speaker. Total – 56. Miller, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, NAYS – Barbieri, Barrett, Batt, Boyle, Gestrin, Harris, Perry(Smith), Raybould, Ringo, Romrell, Rusche, Shepherd, Holtzclaw, McMillan, Mendive, Morse, Shepherd, Sims. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Total – 12. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Absent and excused – Henderson, Nielsen. Total – 2. Woodings, Youngblood, Mr. Speaker. Total – 68. Total – 70. NAYS – None. Absent and excused – Henderson, Nielsen. Total – 2. Whereupon the Speaker declared that H 203 passed the Total – 70. House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 184 passed the House. Title was approved and the bill ordered transmitted to H 142 - DENTISTS the Senate. H 142 was read the third time at length, section by section, H 187 - USE TAX and placed before the House for final consideration. H 187 was read the third time at length, section by section, At this time, the Speaker recognized Mr. Morse to open and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. Anderst to open Pursuant to Rule 38(3), Mrs. Packer disclosed a conflict of debate. interest regarding H 142. Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of interest regarding H 187. The question being, "Shall H 142 pass?" The question being, "Shall H 187 pass?" Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Bateman, Roll call resulted as follows: Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, AYES – Agidius, Anderson(01), Anderson(31), Anderst, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Gibbs, Hancey, Hartgen, Hixon, Horman, Kauffman, King, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Kloc, Luker, Malek, Meline, Mendive, Miller, Morse, Moyle, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Packer, Palmer, Patterson, Pence, Perry(Smith), Raybould, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Ringo, Romrell, Rusche, Smith, Thompson, Trujillo, VanOrden, 140 HOUSE JOURNAL February 27, 2013]

Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 53. NAYS – Agidius, Andrus, Barbieri, Barrett, Boyle, Dayley, Harris, Holtzclaw, Loertscher, McMillan, Monks, Shepherd, Sims, Stevenson, Wood(35). Total – 15. Absent and excused – Henderson, Nielsen. Total – 2. Total – 70. Whereupon the Speaker declared that H 142 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. Mr. Moyle asked unanimous consent that beginning Thursday, February 28, 2013, legislation on the Third Reading Calendar be placed in the following order: House bills, House joint memorials, House concurrent resolutions, Senate bills, Senate joint memorials, Senate concurrent resolutions. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, February 28, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:01 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 28, 2013 HOUSE JOURNAL 141

HOUSE JOURNAL H 72 was referred to the Judiciary, Rules, and Administration Committee for enrolling. OF THE IDAHO LEGISLATURE Report of Standing Committees

FIRST REGULAR SESSION February 28, 2013 SIXTY-SECOND LEGISLATURE Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 222, H 223, H 224, H 225, H 226, H 227, H 228, and H 229. WILLS, Chairman FIFTY-THIRD LEGISLATIVE DAY THURSDAY, FEBRUARY 28, 2013 H 222, H 223, and H 229 were referred to the State Affairs Committee. H 224, H 225, and H 226 were referred to the Education House of Representatives Committee. The House convened at 11 a.m., the Speaker in the Chair. H 227 and H 228 were referred to the Revenue and Taxation Roll call showed 68 members present. Committee. Absent and excused – Henderson, Raybould. Total – 2. Total – 70. February 28, 2013 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 4 and The Pledge of Allegiance was led by Laura Spencer, Page. H 29. WILLS, Chairman Approval of Journal The Speaker announced he was about to sign enrolled February 28, 2013 HCR 4 and H 29 and, when so signed, ordered them transmitted Mr. Speaker: to the Senate for the signature of the President. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved February 28, 2013 the House Journal of the Fifty-second Legislative Day and Mr. Speaker: recommend that same be adopted as corrected. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have transmitted enrolled H 12, as amended in the Senate, to the Governor at 11:26 a.m., Mr. Wills moved that the report be adopted. Seconded by as of this date, February 27, 2013. Mr. Burgoyne. Report adopted. WILLS, Chairman Consideration of Messages from the Governor and the Senate February 27, 2013 Mr. Speaker: February 27, 2013 We, your COMMITTEE ON HEALTH AND WELFARE, Mr. Speaker: report that we have had under consideration HCR 10 and I transmit herewith enrolled S 1016 and S 1017 for the recommend that it do pass. signature of the Speaker. WOOD(27), Chairman NOVAK, Secretary HCR 10 was filed for second reading. The Speaker announced he was about to sign enrolled S 1016 and S 1017 and, when so signed, ordered them returned February 27, 2013 to the Senate. Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, February 27, 2013 report that we have had under consideration S 1013 and report it Mr. Speaker: back with amendments attached to be placed on General Orders I transmit herewith S 1074, S 1093, S 1063, S 1072, for consideration. as amended, S 1062, as amended, S 1048, as amended, and WOOD(27), Chairman S 1113 which have passed the Senate. NOVAK, Secretary S 1013 was placed on General Orders for consideration. S 1074, S 1093, S 1063, S 1072, as amended, S 1062, as February 27, 2013 amended, S 1048, as amended, and S 1113 were filed for first Mr. Speaker: reading. We, your COMMITTEE ON BUSINESS, report that we have had under consideration H 196 and H 199 and recommend that February 27, 2013 they do pass. Mr. Speaker: HENDERSON, Chairman I return herewith H 72 which has passed the Senate. NOVAK, Secretary H 196 and H 199 were filed for second reading. 142 HOUSE JOURNAL February 28, 2013]

February 27, 2013 to Rules Governing Licensing is not consistent with legislative Mr. Speaker: intent and should be rejected. We, your COMMITTEE ON JUDICIARY, RULES, NOW, THEREFORE, BE IT RESOLVED by the members of AND ADMINISTRATION, report that we have had under the First Regular Session of the Sixty-second Idaho Legislature, consideration H 124 and H 214 and recommend that they do the House of Representatives and the Senate concurring therein, pass. that IDAPA 13.01.04, Idaho Fish and Game Commission, Rules WILLS, Chairman Governing Licensing, adopted as a pending rule under Docket Number 13-0104-1201, the entire rulemaking docket, be, and the H 124 and H 214 were filed for second reading. same is hereby rejected and declared null, void and of no force February 27, 2013 and effect. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, HOUSE CONCURRENT RESOLUTION NO. 14 AND ADMINISTRATION, report that we have had under BY HEALTH AND WELFARE COMMITTEE consideration H 30 and report it back with amendments attached A CONCURRENT RESOLUTION to be placed on General Orders for consideration. STATING FINDINGS OF THE LEGISLATURE AND WILLS, Chairman REJECTING A CERTAIN RULE DOCKET OF THE IDAHO FISH AND GAME COMMISSION RELATING TO RULES H 30 was placed on General Orders for consideration. GOVERNING THE TAKING OF BIG GAME ANIMALS IN THE STATE OF IDAHO. February 28, 2013 Mr. Speaker: Be It Resolved by the Legislature of the State of Idaho: We, your COMMITTEE ON EDUCATION, report that we have had under consideration S 1055 and H 206 and recommend WHEREAS, the Legislature is vested with authority to reject that they do pass. executive agency rules under the provisions of Section 67-5291, DEMORDAUNT, Chairman Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and S 1055 and H 206 were filed for second reading. WHEREAS, it is the finding of the Legislature that a certain February 28, 2013 rule docket of the Idaho Fish and Game Commission relating to Mr. Speaker: Rules Governing the Taking of Big Game Animals in the State We, your COMMITTEE ON STATE AFFAIRS, report that of Idaho is not consistent with legislative intent and should be we have had under consideration H 220 and recommend that it rejected. do pass. NOW, THEREFORE, BE IT RESOLVED by the members of LOERTSCHER, Chairman the First Regular Session of the Sixty-second Idaho Legislature, the House of Representatives and the Senate concurring therein, H 220 was filed for second reading. that IDAPA 13.01.08, Idaho Fish and Game Commission, Rules Governing the Taking of Big Game Animals in the State of Idaho, February 28, 2013 adopted as a pending rule under Docket Number 13-0108-1204, Mr. Speaker: the entire rulemaking docket, be, and the same is hereby rejected We, your COMMITTEE ON STATE AFFAIRS, report that and declared null, void and of no force and effect. we have had under consideration H 193 and report it back with amendments attached to be placed on General Orders for HCR 13 and HCR 14 were introduced, read the first time consideration. by title, and referred to the Judiciary, Rules, and Administration LOERTSCHER, Chairman Committee for printing. H 193 was placed on General Orders for consideration. Introduction, First Reading, and Reference There being no objection, the House advanced to the Seventh of Bills and Joint Resolutions Order of Business.

Motions, Memorials, and Resolutions HOUSE BILL NO. 230 BY STATE AFFAIRS COMMITTEE HOUSE CONCURRENT RESOLUTION NO. 13 AN ACT BY HEALTH AND WELFARE COMMITTEE RELATING TO STATE SYMBOLS; AMENDING A CONCURRENT RESOLUTION CHAPTER 45, TITLE 67, IDAHO CODE, BY THE ADDITION STATING FINDINGS OF THE LEGISLATURE AND OF A NEW SECTION 67-4513, IDAHO CODE, TO PROVIDE REJECTING A CERTAIN RULE DOCKET OF THE IDAHO THAT THE IDAHO GIANT SALAMANDER IS DESIGNATED FISH AND GAME COMMISSION RELATING TO RULES AND DECLARED TO BE THE STATE AMPHIBIAN OF THE GOVERNING LICENSING. STATE OF IDAHO. Be It Resolved by the Legislature of the State of Idaho: HOUSE BILL NO. 231 WHEREAS, the Legislature is vested with authority to reject BY STATE AFFAIRS COMMITTEE executive agency rules under the provisions of Section 67-5291, AN ACT Idaho Code, in the event that the Legislature finds that the rules RELATING TO PUBLIC WORKS; AMENDING SECTION are not consistent with legislative intent; and 44-1001, IDAHO CODE, TO PROVIDE AN EXCEPTION TO WHEREAS, it is the finding of the Legislature that a certain THE EMPLOYMENT OF RESIDENTS OF IDAHO IN PUBLIC rule docket of the Idaho Fish and Game Commission relating WORKS. [February 28, 2013 HOUSE JOURNAL 143

HOUSE BILL NO. 232 HOUSE BILL NO. 238 BY STATE AFFAIRS COMMITTEE BY APPROPRIATIONS COMMITTEE AN ACT AN ACT RELATING TO THE INSURANCE CONTRACT; APPROPRIATING MONEYS TO THE DEPARTMENT AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, OF FINANCE FOR FISCAL YEAR 2014; LIMITING THE BY THE ADDITION OF A NEW SECTION 41-1851, NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT IDAHO CODE, TO DEFINE TERMS AND TO ESTABLISH POSITIONS; AND PROVIDING GUIDANCE FOR THAT ANY NOTICE TO A PARTY OR ANY OTHER EMPLOYEE COMPENSATION. DOCUMENT REQUIRED UNDER APPLICABLE LAW IN AN INSURANCE TRANSACTION OR THAT IS TO HOUSE BILL NO. 239 SERVE AS EVIDENCE OF INSURANCE COVERAGE BY HEALTH AND WELFARE COMMITTEE MAY BE DELIVERED, STORED AND PRESENTED BY AN ACT ELECTRONIC MEANS SO LONG AS IT MEETS CERTAIN RELATING TO PHARMACISTS; AMENDING SECTION REQUIREMENTS, TO PROVIDE PROCEDURES AND TO 54-1705, IDAHO CODE, TO DEFINE A TERM AND TO PROVIDE APPLICATION. REVISE A DEFINITION; AMENDING SECTION 54-1719, IDAHO CODE, TO PROVIDE THAT THE BOARD OF PHARMACY SHALL BE RESPONSIBLE FOR THE HOUSE BILL NO. 233 COMPOUNDING, DISPENSING AND DISTRIBUTION OF BY APPROPRIATIONS COMMITTEE CERTAIN MEDICATIONS, DRUGS, DEVICES AND OTHER AN ACT MATERIALS WITHIN THE PRACTICE OF PHARMACY APPROPRIATING MONEYS TO THE COMMISSION AND TO MAKE A TECHNICAL CORRECTION; ON THE ARTS FOR FISCAL YEAR 2014; LIMITING THE AMENDING SECTION 54-1752, IDAHO CODE, TO NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT REMOVE REFERENCE TO RETAIL PHARMACIES; AND POSITIONS; AND PROVIDING GUIDANCE FOR AMENDING SECTIONS 37-3201, 54-1761, 54-4702 AND EMPLOYEE COMPENSATION. 54-5110, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES. HOUSE BILL NO. 234 BY APPROPRIATIONS COMMITTEE HOUSE BILL NO. 240 AN ACT BY STATE AFFAIRS COMMITTEE APPROPRIATING MONEYS TO THE DIVISION AN ACT OF HUMAN RESOURCES FOR FISCAL YEAR 2014; RELATING TO THE AUTHORITY OF PORT DISTRICTS LIMITING THE NUMBER OF AUTHORIZED FULL-TIME TO PROVIDE FIBER OPTIC SERVICE; AMENDING EQUIVALENT POSITIONS; PROVIDING LEGISLATIVE TITLE 70, IDAHO CODE, BY THE ADDITION OF A NEW INTENT; AND PROVIDING GUIDANCE FOR EMPLOYEE CHAPTER 1, TITLE 70, IDAHO CODE, TO DEFINE TERMS, COMPENSATION. TO PROVIDE FINDINGS, TO PROVIDE AUTHORITY, TO PROVIDE FOR RATES, TERMS AND CONDITIONS, TO PROVIDE FOR A SEPARATE UTILITY FUNCTION, HOUSE BILL NO. 235 TO PROVIDE FOR BONDS AND USE OF REVENUE, TO BY APPROPRIATIONS COMMITTEE PROVIDE APPLICATION OF EMINENT DOMAIN, TO AN ACT PROVIDE FOR USE OF PUBLIC RIGHTS-OF-WAY AND APPROPRIATING MONEYS TO THE PUBLIC TO PROVIDE FOR REVIEW BY PETITION TO THE IDAHO EMPLOYEE RETIREMENT SYSTEM FOR FISCAL YEAR PUBLIC UTILITIES COMMISSION. 2014; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING H 230, H 231, H 232, H 233, H 234, H 235, H 236, H 237, LEGISLATIVE INTENT; AND PROVIDING GUIDANCE H 238, H 239, and H 240 were introduced, read the first time FOR EMPLOYEE COMPENSATION. by title, and referred to the Judiciary, Rules, and Administration Committee for printing. HOUSE BILL NO. 236 BY APPROPRIATIONS COMMITTEE S 1074, by State Affairs Committee, was introduced, read the AN ACT first time by title, and referred to the State Affairs Committee. APPROPRIATING MONEYS TO THE IDAHO STATE S 1093, by Education Committee, was introduced, read the LOTTERY FOR FISCAL YEAR 2014; LIMITING THE first time by title, and referred to the Education Committee. NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING LEGISLATIVE INTENT; S 1063 and S 1072, as amended, by Health and Welfare AND PROVIDING GUIDANCE FOR EMPLOYEE Committee, were introduced, read the first time by title, and COMPENSATION. referred to the Health and Welfare Committee. S 1062, as amended, by Resources and Environment HOUSE BILL NO. 237 Committee, was introduced, read the first time by title, and BY APPROPRIATIONS COMMITTEE referred to the Resources and Conservation Committee. AN ACT APPROPRIATING MONEYS TO THE DIVISION S 1048, as amended, by Judiciary and Rules Committee, OF BUILDING SAFETY FOR FISCAL YEAR 2014; was introduced, read the first time by title, and referred to the LIMITING THE NUMBER OF AUTHORIZED FULL-TIME Transportation and Defense Committee. EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE S 1113, by Finance Committee, was introduced, read the first FOR EMPLOYEE COMPENSATION. time by title, and filed for second reading. 144 HOUSE JOURNAL February 28, 2013]

There being no objection, the House advanced to the Tenth Chew, Clow, Collins, Crane, DeMordaunt, Denney, Erpelding, Order of Business. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Second Reading of Bills and Joint Resolutions Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Mr. Palmer asked unanimous consent that H 155 be returned Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, to the Transportation and Defense Committee. There being no Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, objection, it was so ordered. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 62. H 181, by State Affairs Committee, was read the second time NAYS – Barbieri, Dayley, Harris, McMillan, Nielsen, by title and filed for third reading. Shepherd. Total – 6. Absent and excused – Henderson, Raybould. Total – 2. H 170 and H 171, by Transportation and Defense Committee, Total – 70. were read the second time by title and filed for third reading. Whereupon the Speaker declared that H 162 passed the S 1006, as amended, by Transportation Committee, was read House. Title was approved and the bill ordered transmitted to the second time by title and filed for third reading. the Senate. S 1027, by Education Committee, was read the second time by title and filed for third reading. H 131 - WATER SCR 105, by Local Government and Taxation Committee, H 131 was read the third time at length, section by section, was read the second time by title and filed for third reading. and placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mrs. Barrett to open debate. H 178 - IMMUNIZATION BOARDS The question being, "Shall H 131 pass?" H 178 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Thompson to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall H 178 pass?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Roll call resulted as follows: Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Youngblood, Mr. Speaker. Total – 68. Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Packer, NAYS – None. Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Absent and excused – Henderson, Raybould. Total – 2. Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Total – 70. Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Whereupon the Speaker declared that H 131 passed the Youngblood, Mr. Speaker. Total – 61. House. Title was approved and the bill ordered transmitted to NAYS – Barbieri, Barrett, McMillan, Moyle, Nielsen, Sims, the Senate. Wood(35). Total – 7. Absent and excused – Henderson, Raybould. Total – 2. H 102 - POLICE FORENSIC LABORATORY Total – 70. H 102 was read the third time at length, section by section, Whereupon the Speaker declared that H 178 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered transmitted to the Senate. At this time, the Speaker recognized Ms. Sims to open debate. H 162 - COSMETICIANS The question being, "Shall H 102 pass?" H 162 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Thompson to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Pursuant to Rule 38(3), Mrs. Packer disclosed a conflict of Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, interest regarding H 162. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, The question being, "Shall H 162 pass?" Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Roll call resulted as follows: Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Youngblood, Mr. Speaker. Total – 68. [February 28, 2013 HOUSE JOURNAL 145

NAYS – None. H 210 - APPROPRIATIONS - DEPARTMENT OF Absent and excused – Henderson, Raybould. Total – 2. HEALTH AND WELFARE - MEDICAL ASSISTANCE Total – 70. SERVICES Whereupon the Speaker declared that H 102 passed the H 210 was read the third time at length, section by section, House. Title was approved and the bill ordered transmitted to and placed before the House for final consideration. the Senate. At this time, the Speaker recognized Mrs. Bell to open H 105 - SEXUAL OFFENDER REGISTRATION ACT debate. H 105 was read the third time at length, section by section, The question being, "Shall H 210 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Bateman to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall H 105 pass?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Roll call resulted as follows: Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Youngblood, Mr. Speaker. Total – 68. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, NAYS – None. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Absent and excused – Henderson, Raybould. Total – 2. Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Total – 70. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared that H 210 passed the Youngblood, Mr. Speaker. Total – 68. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Henderson, Raybould. Total – 2. Total – 70. H 205 - EDUCATION H 205 was read the third time at length, section by section, Whereupon the Speaker declared that H 105 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered transmitted to the Senate. At this time, the Speaker recognized Mrs. Ward-Engelking to open debate.

H 125 - GUARDIANSHIP - CONSERVATORSHIP The question being, "Shall H 205 pass?" H 125 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mr. Burgoyne to open Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, debate. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, The question being, "Shall H 125 pass?" Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Roll call resulted as follows: Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Smith, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Youngblood, Mr. Speaker. Total – 66. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – McMillan, Sims. Total – 2. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Absent and excused – Henderson, Raybould. Total – 2. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Total – 70. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Whereupon the Speaker declared that H 205 passed the Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, House. Title was approved and the bill ordered transmitted to Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, the Senate. Youngblood, Mr. Speaker. Total – 68. NAYS – None. H 183 - CITIES Absent and excused – Henderson, Raybould. Total – 2. Total – 70. H 183 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that H 125 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Gestrin to open the Senate. debate. 146 HOUSE JOURNAL February 28, 2013]

The question being, "Shall H 183 pass?" Luker, Malek, Meline, Mendive, Miller, Morse, Nielsen, Packer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Roll call resulted as follows: Smith, Thompson, VanOrden, Vander Woude, Ward-Engelking, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 58. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, NAYS – Agidius, Crane, McMillan, Monks, Moyle, Palmer, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Sims, Stevenson, Trujillo, Wood(35). Total – 10. Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Absent and excused – Henderson, Raybould. Total – 2. Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Total – 70. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Romrell, Rusche, Shepherd, Sims, Smith, Whereupon the Speaker declared that H 197 passed the Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, House. Title was approved and the bill ordered transmitted to Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, the Senate. Youngblood, Mr. Speaker. Total – 66. NAYS – Burgoyne, Ringo. Total – 2. Mr. Moyle asked unanimous consent that the remaining Absent and excused – Henderson, Raybould. Total – 2. bills on the Third Reading Calendar retain their places for one Total – 70. legislative day. There being no objection, it was so ordered. Whereupon the Speaker declared that H 183 passed the There being no objection, the House advanced to the House. Title was approved and the bill ordered transmitted to Sixteenth Order of Business. the Senate. Adjournment H 192 - CONCEALED WEAPONS Mr. Moyle moved that the House adjourn until 8 a.m., Friday, March 1, 2013. Seconded by Mr. Rusche. Motion carried. H 192 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared the House adjourned at 12:26 p.m. At this time, the Speaker recognized Mr. Palmer to open SCOTT BEDKE, Speaker debate. ATTEST: The question being, "Shall H 192 pass?" BONNIE ALEXANDER, Chief Clerk Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Henderson, Raybould. Total – 2. Total – 70. Whereupon the Speaker declared that H 192 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 197 - INSURANCE HOLDING COMPANY SYSTEMS H 197 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Rusche to open debate. The question being, "Shall H 197 pass?"

Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, [March 1, 2013 HOUSE JOURNAL 147

HOUSE JOURNAL H 230, H 231, and H 240 were referred to the State Affairs Committee. OF THE H 232 was referred to the Business Committee. IDAHO LEGISLATURE H 233, H 234, H 235, H 236, H 237, and H 238 were filed for second reading. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE H 239 was referred to the Health and Welfare Committee. March 1, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 72. FIFTY-FOURTH LEGISLATIVE DAY WILLS, Chairman FRIDAY, MARCH 1, 2013 The Speaker announced he was about to sign enrolled H 72 and, when so signed, ordered it transmitted to the Senate House of Representatives for the signature of the President. The House convened at 8 a.m., the Speaker in the Chair. February 28, 2013 Roll call showed 66 members present. Mr. Speaker: Absent and excused – Henderson, McMillan, Raybould, We, your COMMITTEE ON EDUCATION, report that we Thompson. Total – 4. have had under consideration H 221 and recommend that it do Total – 70. pass. DEMORDAUNT, Chairman Prayer was offered by Chaplain Tom Dougherty. H 221 was filed for second reading. The Pledge of Allegiance was led by Jenevieve Mingus, Page. February 28, 2013 Mr. Speaker: Approval of Journal We, your COMMITTEE ON HEALTH AND WELFARE, report that we have had under consideration H 188, H 189, and March 1, 2013 H 211 and recommend that they do pass. Mr. Speaker: WOOD(27), Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the H 188, H 189, and H 211 were filed for second reading. House Journal of the Fifty-third Legislative Day and recommend that same be adopted as corrected. February 28, 2013 WILLS, Chairman Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND Mr. Wills moved that the report be adopted. Seconded by DEFENSE, report that we have had under consideration H 216, Mr. Burgoyne. Report adopted. H 217, S 1007, and S 1008 and recommend that they do pass. PALMER, Chairman Consideration of Messages from the Governor and the Senate H 216, H 217, S 1007, and S 1008 were filed for second reading. February 28, 2013 Mr. Speaker: February 28, 2013 I return herewith HCR 3, H 122, H 123, H 48, H 49, H 166, Mr. Speaker: H 174, H 180, H 82, H 42, H 47, H 50, and H 89 which have We, your COMMITTEE ON AGRICULTURAL AFFAIRS, passed the Senate. report that we have had under consideration S 1024 and NOVAK, Secretary recommend that it do pass. ANDRUS, Chairman HCR 3, H 122, H 123, H 48, H 49, H 166, H 174, H 180, H 82, H 42, H 47, H 50, and H 89 were referred to the Judiciary, S 1024 was filed for second reading. Rules, and Administration Committee for enrolling. There being no objection, the House advanced to the Seventh Report of Standing Committees Order of Business. March 1, 2013 Motions, Memorials, and Resolutions Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HOUSE CONCURRENT RESOLUTION NO. 15 ADMINISTRATION, report that we have printed HCR 13, BY HEALTH AND WELFARE COMMITTEE HCR 14, H 230, H 231, H 232, H 233, H 234, H 235, H 236, A CONCURRENT RESOLUTION H 237, H 238, H 239, and H 240. STATING FINDINGS OF THE LEGISLATURE AND WILLS, Chairman REJECTING A CERTAIN RULE OF THE DEPARTMENT HCR 13 and HCR 14 were referred to the Resources and OF HEALTH AND WELFARE RELATING TO ALCOHOL Conservation Committee. AND SUBSTANCE USE DISORDERS TREATMENT AND 148 HOUSE JOURNAL March 1, 2013]

RECOVERY SUPPORT SERVICES FACILITIES AND H 220, by State Affairs Committee, was read the second time PROGRAMS. by title and filed for third reading. Be It Resolved by the Legislature of the State of Idaho: S 1113, by Finance Committee, was read the second time by title and filed for third reading. WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, Third Reading of Bills and Joint Resolutions Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and Mr. Moyle asked unanimous consent that H 171 be placed WHEREAS, it is the finding of the Legislature that a certain on General Orders for consideration. There being no objection it rule of the Department of Health and Welfare relating to Alcohol was so ordered. and Substance Use Disorders Treatment and Recovery Support Services Facilities and Programs is not consistent with legislative Mr. Moyle asked unanimous consent that the remaining bills intent and should be rejected. on the Third Reading Calendar retain their places until Monday, NOW, THEREFORE, BE IT RESOLVED by the members of March 4, 2013. There being no objection, it was so ordered. the First Regular Session of the Sixty-second Idaho Legislature, There being no objection, the House advanced to the the House of Representatives and the Senate concurring therein, Sixteenth Order of Business. that IDAPA 16.07.20, Department of Health and Welfare, Rules Governing Alcohol and Substance Use Disorders Treatment and Adjournment Recovery Support Services Facilities and Programs, Section 009, Subsection 01, only, adopted as a pending rule under Docket Mr. Moyle moved that the House adjourn until 10:30 a.m., Number 16-0720-1201, be, and the same is hereby rejected and Monday, March 4, 2013. Seconded by Mr. Rusche. Motion declared null, void and of no force and effect. carried. HCR 15 was introduced, read the first time by title, and Whereupon the Speaker declared the House adjourned at referred to the Judiciary, Rules, and Administration Committee 8:16 a.m. for printing. SCOTT BEDKE, Speaker Introduction, First Reading, and Reference ATTEST: of Bills and Joint Resolutions BONNIE ALEXANDER, Chief Clerk HOUSE BILL NO. 241 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO SCRAP DEALERS; AMENDING SECTION 54-2701, IDAHO CODE, TO REVISE THE DEFINITION OF NONFERROUS METAL PROPERTY; AMENDING SECTION 54-2702, IDAHO CODE, TO REVISE PROVISIONS OF RECORDS REQUIRED FOR PURCHASING NONFERROUS OR STAINLESS STEEL METAL PROPERTY FROM THE GENERAL PUBLIC TO INCLUDE CERTAIN PHOTOGRAPHS OR DIGITAL RECORDINGS; AMENDING SECTION 54-2707, IDAHO CODE, TO PROVIDE THAT CERTAIN METAL THEFTS ARE FELONIES AND TO PROVIDE LIABILITY PROTECTIONS FOR OWNERS OF METAL PROPERTY. H 241 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions HCR 10 and H 214, by Health and Welfare Committee, were read the second time by title and filed for third reading. H 196 and H 199, by Business Committee, were read the second time by title and filed for third reading. H 124, by Judiciary, Rules, and Administration Committee, was read the second time by title and filed for third reading. S 1055, by Education Committee, was read the second time by title and filed for third reading. H 206, by Education Committee, was read the second time by title and filed for third reading. [March 4, 2013 HOUSE JOURNAL 149

HOUSE JOURNAL March 1, 2013 Mr. Speaker: OF THE I return herewith enrolled H 29 which has been signed by the President. IDAHO LEGISLATURE NOVAK, Secretary Enrolled H 29 was referred to the Judiciary, Rules, and FIRST REGULAR SESSION Administration Committee for delivery to the Governor. SIXTY-SECOND LEGISLATURE March 1, 2013 Mr. Speaker: I return herewith enrolled HCR 4 which has been signed by the President. FIFTY-SEVENTH LEGISLATIVE DAY NOVAK, Secretary MONDAY, MARCH 4, 2013 Enrolled HCR 4 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. House of Representatives March 1, 2013 The House convened at 10:30 a.m., the Speaker in the Chair. Mr. Speaker: I transmit herewith SCR 117, SCR 118, SCR 119, S 1120, Roll call showed all 70 members present. and S 1098 which have passed the Senate. NOVAK, Secretary Prayer was offered by Chaplain Tom Dougherty. SCR 117, SCR 118, SCR 119, S 1120, and S 1098 were filed The Pledge of Allegiance was led by Andrea Prigge, Page. for first reading. Approval of Journal March 1, 2013 Mr. Speaker: March 4, 2013 I return herewith H 9, H 11, H 28, H 7, H 8, and H 86 which Mr. Speaker: have passed the Senate. We, your COMMITTEE ON JUDICIARY, RULES, AND NOVAK, Secretary ADMINISTRATION, report that we have read and approved the House Journal of the Fifty-fourth Legislative Day and H 9, H 11, H 28, H 7, H 8, and H 86 were referred to the recommend that same be adopted as corrected. Judiciary, Rules, and Administration Committee for enrolling. WILLS, Chairman Report of Standing Committees Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 4, 2013 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON JUDICIARY, RULES, AND Governor and the Senate ADMINISTRATION, report that we have printed HCR 15 and H 241. OFFICE OF THE GOVERNOR WILLS, Chairman Boise HCR 15 was referred to the Health and Welfare Committee. March 1, 2013 H 241 was referred to the Judiciary, Rules, and The Honorable Scott Bedke Administration Committee. Speaker of the House March 4, 2013 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and We, your COMMITTEE ON JUDICIARY, RULES, AND am transmitting to the Secretary of State the following House ADMINISTRATION, report that we have enrolled HCR 3, bills, to wit: H 122, H 123, H 48, H 49, H 166, H 174, H 180, H 82, H 42, H 17, H 40, H 81, H 83, H 84, and H 115 H 47, H 50, and H 89. WILLS, Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter The Speaker announced he was about to sign enrolled Governor HCR 3, H 122, H 123, H 48, H 49, H 166, H 174, H 180, H 82, H 42, H 47, H 50, and H 89 and, when so signed, ordered them March 1, 2013 transmitted to the Senate for the signature of the President. Mr. Speaker: I transmit herewith enrolled S 1044 for the signature of the March 1, 2013 Speaker. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 224, H 225, H 226, and The Speaker announced he was about to sign enrolled S 1092 and recommend that they do pass. S 1044 and, when so signed, ordered it returned to the Senate. DEMORDAUNT, Chairman 150 HOUSE JOURNAL March 4, 2013]

H 224, H 225, H 226, and S 1092 were filed for second invite a display of such projects at the Capitol rotunda after each reading. state competition.

March 1, 2013 HOUSE CONCURRENT RESOLUTION NO. 17 Mr. Speaker: BY HEALTH AND WELFARE COMMITTEE We, your COMMITTEE ON STATE AFFAIRS, report that A CONCURRENT RESOLUTION we have had under consideration H 219, H 229, and SCR 104 and STATING FINDINGS OF THE LEGISLATURE, recommend that they do pass. REJECTING A CERTAIN RULE OF THE DEPARTMENT LOERTSCHER, Chairman OF HEALTH AND WELFARE RELATING TO ALCOHOL AND SUBSTANCE USE DISORDERS TREATMENT AND H 219, H 229, and SCR 104 were filed for second reading. RECOVERY SUPPORT SERVICES FACILITIES AND March 4, 2013 PROGRAMS AND PROVIDING AN EFFECTIVE DATE. Mr. Speaker: Be It Resolved by the Legislature of the State of Idaho: We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 218 and recommend that it do WHEREAS, the Legislature is vested with authority to reject pass. executive agency rules under the provisions of Section 67-5291, DEMORDAUNT, Chairman Idaho Code, in the event that the Legislature finds that the rules H 218 was filed for second reading. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a certain There being no objection, the House advanced to the Seventh rule of the Department of Health and Welfare relating to Alcohol Order of Business. and Substance Use Disorders Treatment and Recovery Support Services Facilities and Programs is not consistent with legislative Motions, Memorials, and Resolutions intent and should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of HOUSE CONCURRENT RESOLUTION NO. 16 the First Regular Session of the Sixty-second Idaho Legislature, BY EDUCATION COMMITTEE the House of Representatives and the Senate concurring therein, A CONCURRENT RESOLUTION that IDAPA 16.07.20, Department of Health and Welfare, Rules STATING LEGISLATIVE FINDINGS AND DECLARING Governing Alcohol and Substance Use Disorders Treatment and SUPPORT FOR AN "INVENT IDAHO" DAY TO Recovery Support Services Facilities and Programs, Section 009, ACKNOWLEDGE AND CELEBRATE THIS CREATIVE Subsection 01, only, adopted as a pending rule under Docket STUDENT WORK AND TO INVITE A DISPLAY OF SUCH Number 16-0720-1201, be, and the same is hereby rejected and PROJECTS AT THE CAPITOL ROTUNDA AFTER EACH declared null, void and of no force and effect. The remaining STATE COMPETITION. pending rules adopted under Docket Number 16-0720-1201, that are not herein rejected shall become final and effective on July Be It Resolved by the Legislature of the State of Idaho: 1, 2013. WHEREAS, over one thousand Idaho students participated HCR 16 and HCR 17 were introduced, read the first time in "Invent Idaho" competitions last year; and by title, and referred to the Judiciary, Rules, and Administration WHEREAS, this program addresses the STEM goal areas of Committee for printing. science, technology, engineering and math; and WHEREAS, Invent Idaho focuses on building 21st century SCR 117, SCR 118, and SCR 119, by State Affairs skills, including communication, critical thinking and creativity; Committee, were introduced, read the first time by title, and and referred to the State Affairs Committee. WHEREAS, the skills learned in Invent Idaho meet state education standards that include building a model, applying existing knowledge to generate new ideas, products, or processes and organizing and analyzing information; and Introduction, First Reading, and Reference WHEREAS, participation in Invent Idaho encourages higher of Bills and Joint Resolutions order thinking; and WHEREAS, experiences garnered in Invent Idaho develop real-world thinking skills and advance creative thinking; and House of Representatives WHEREAS, students have ownership in their education State of Idaho through being devoted to authentic learning as was evidenced February 28, 2013 when 2012 best of show winner Carson Magee was honored as the Juvenile Diabetes Research Foundation's Ambassador for his The Honorable Lawerence Denney, Chairman project related to diabetes; and Resources and Conservation Committee WHEREAS, this type of project learning is cross-curricular and multidisciplinary and creates opportunity for all students; and Dear Representative Denney: WHEREAS, Invent Idaho meets a national demand for innovation and enables Idaho students to compete in a global I hereby designate the Resources and Conservation economy. Committee a privileged committee on Friday, March 1, 2013, NOW, THEREFORE, BE IT RESOLVED by the members of for the purpose of introducing RS 22182 (H 247). the First Regular Session of the Sixty-second Idaho Legislature, the House of Representatives and the Senate concurring therein, Sincerely, that we do hereby declare our support for an Invent Idaho Day /s/ Scott Bedke to acknowledge and celebrate this creative student work and to Speaker of the House [March 4, 2013 HOUSE JOURNAL 151

HOUSE BILL NO. 242 HOUSE BILL NO. 246 BY REVENUE AND TAXATION COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO PROPERTY TAXATION; AMENDING RELATING TO DEVELOPMENT IMPACT FEES; SECTION 63-602W, IDAHO CODE, TO REVISE AMENDING SECTION 67-8212, IDAHO CODE, TO PROVISIONS RELATING TO SITE IMPROVEMENTS AS CLARIFY THE APPEALS PROCESS AND TO MAKE BUSINESS INVENTORY EXEMPT FROM PROPERTY TECHNICAL CORRECTIONS. TAXATION, TO PROVIDE THAT CERTAIN TRANSFERS SHALL NOT BE CONSIDERED A CONVEYANCE TO A HOUSE BILL NO. 247 THIRD PARTY, TO PROVIDE FOR A DETERMINATION BY RESOURCES AND CONSERVATION COMMITTEE OF THE AMOUNT OF EXEMPTION, TO PROVIDE AN ACT FOR APPLICATION FOR ASSESSMENT, TO PROVIDE RELATING TO THE COMPREHENSIVE STATE FOR NOTIFICATION BY THE BOARD OF COUNTY WATER PLAN; RATIFYING AND APPROVING THE COMMISSIONERS TO THE TAXPAYER AND COUNTY COMPREHENSIVE STATE WATER PLAN WITH ASSESSOR RELATING TO ITS DECISION AND AMENDMENTS; AMENDING POLICY 1I RELATING ASSESSMENT, TO PROVIDE FOR APPEAL, TO PROVIDE TO AQUIFER RECHARGE, TO REVISE DISCUSSION FOR NOTIFICATION OF CHANGE IN ELIGIBILITY AND PROVISIONS, TO REVISE IMPLEMENTATION TO MAKE TECHNICAL CORRECTIONS; DECLARING STRATEGIES AND TO REVISE MILESTONES; AMENDING AN EMERGENCY AND PROVIDING RETROACTIVE POLICY 1K RELATING TO COMPREHENSIVE APPLICATION. AQUIFER MANAGEMENT PLANS, TO REVISE THE POLICY STATEMENT, TO REVISE DISCUSSION PROVISIONS AND TO REVISE IMPLEMENTATION STRATEGIES; AMENDING POLICY 2B RELATING TO HOUSE BILL NO. 243 FEDERALLY LISTED AND OTHER AQUATIC SPECIES, BY REVENUE AND TAXATION COMMITTEE TO REVISE DISCUSSION PROVISIONS, TO REVISE AN ACT IMPLEMENTATION STRATEGIES AND TO REVISE RELATING TO SALES TAXATION; AMENDING MILESTONES; AMENDING POLICY 2C RELATING TO SECTION 63-3616, IDAHO CODE, TO PROVIDE THAT MINIMUM STREAM FLOWS, TO REVISE DISCUSSION APPLICATION SOFTWARE ACCESSED OVER THE PROVISIONS, TO REVISE IMPLEMENTATION INTERNET OR THROUGH WIRELESS MEDIA IS NOT STRATEGIES AND TO REVISE MILESTONES; AMENDING TANGIBLE PERSONAL PROPERTY AND TO DEFINE A POLICY 2D RELATING TO STATE PROTECTED RIVER TERM; AND DECLARING AN EMERGENCY. SYSTEM, TO REVISE DISCUSSION PROVISIONS, TO REVISE IMPLEMENTATION STRATEGIES AND TO REVISE MILESTONES; AMENDING POLICY 2E RELATING TO RIPARIAN HABITAT AND WETLANDS, TO HOUSE BILL NO. 244 REMOVE ALL PROVISIONS IN POLICY 2E; AMENDING BY REVENUE AND TAXATION COMMITTEE POLICY 2F RELATING TO STREAM CHANNEL AN ACT REHABILITATION, TO REVISE THE POLICY STATEMENT, RELATING TO FIRE PROTECTION DISTRICTS; TO REVISE DISCUSSION PROVISIONS, TO REVISE AMENDING SECTION 31-1413, IDAHO CODE, TO IMPLEMENTATION STRATEGIES AND TO REVISE PROVIDE FOR AN EXCEPTION, TO PROVIDE FOR MILESTONES; AMENDING POLICY 2G RELATING TO APPLICATION OF LAW AND TO MAKE TECHNICAL SAFETY MEASURES PROGRAM, TO REVISE THE POLICY CORRECTIONS; AND AMENDING SECTION 31-1423, STATEMENT, TO REVISE DISCUSSION PROVISIONS IDAHO CODE, TO ESTABLISH PROVISIONS RELATING AND TO REVISE IMPLEMENTATION STRATEGIES; TO CIRCUMSTANCES IN WHICH A HIGHER LEVY AMENDING POLICY 3D RELATING TO FUNDING EXCEEDS THE LOWEST LEVY IN A PROPOSED PROGRAM, TO REVISE THE POLICY STATEMENT, TO DISTRICT CONSOLIDATION, TO PROVIDE FOR A PUBLIC REVISE DISCUSSION PROVISIONS AND TO REVISE HEARING, TO PROVIDE FOR AN ELECTION AND TO IMPLEMENTATION STRATEGIES; AMENDING POLICY PROVIDE FOR A QUESTION. 3E RELATING TO WATER RESOURCE PLANNING PROGRAM, TO REVISE IMPLEMENTATION STRATEGIES AND TO REVISE MILESTONES; AMENDING POLICY 3G HOUSE BILL NO. 245 RELATING TO CLIMATE VARIABILITY, TO REMOVE BY STATE AFFAIRS COMMITTEE ALL PROVISIONS IN POLICY 3G; AMENDING POLICY AN ACT 4E RELATING TO SNAKE RIVER BASIN NEW STORAGE, RELATING TO THE STATE ATHLETIC COMMISSION; TO REVISE DISCUSSION PROVISIONS; AMENDING AMENDING SECTION 54-406, IDAHO CODE, TO REVISE POLICY 6A RELATING TO CONSERVATION PLANS IN PROVISIONS RELATING TO DUTIES OF THE ATHLETIC THE SALMON/CLEARWATER RIVER BASINS, TO REVISE COMMISSION AND TO PROVIDE FOR THE RECOVERY THE POLICY STATEMENT, TO REVISE DISCUSSION OF CERTAIN COSTS AND FEES; AMENDING SECTION PROVISIONS, TO REVISE IMPLEMENTATION 54-411, IDAHO CODE, TO REVISE PROVISIONS RELATING STRATEGIES AND TO REVISE MILESTONES; AMENDING TO THE PAYMENT OF AN INITIAL EVENT TAX, TO POLICY 6B RELATING TO INSTREAM FLOW PROGRAM REVISE PROVISIONS RELATING TO AN ADDITIONAL IN THE SALMON/CLEARWATER RIVER BASINS, EVENT TAX, TO ESTABLISH PROVISIONS RELATING TO REVISE THE POLICY TITLE TO PROVIDE FOR TO THE ISSUANCE OF TICKETS AND TO ESTABLISH MINIMUM STREAM FLOW WATER RIGHTS AND OTHER PROVISIONS RELATING TO THE SUSPENSION OF INNOVATIVE MEASURES TO ADDRESS AQUATIC OPERATIONS; AND DECLARING AN EMERGENCY. SPECIES CONCERNS IN THE SALMON/CLEARWATER 152 HOUSE JOURNAL March 4, 2013]

RIVER BASINS, TO REVISE THE POLICY STATEMENT, H 221, by Education Committee, was read the second time TO REVISE DISCUSSION PROVISIONS, TO REVISE by title and filed for third reading. IMPLEMENTATION STRATEGIES AND TO REVISE MILESTONES; TO PROVIDE THAT ALL STATE AGENCIES H 188, H 189, and H 211, by Health and Welfare Committee, SHALL EXERCISE THEIR DUTIES IN A MANNER were read the second time by title and filed for third reading. CONSISTENT WITH THE COMPREHENSIVE STATE WATER PLAN AS AMENDED; AND DECLARING AN H 216 and H 217, by State Affairs Committee, were read the EMERGENCY. second time by title and filed for third reading. S 1007 and S 1008, by Transportation Committee, were read HOUSE BILL NO. 248 the second time by title and filed for third reading. BY HEALTH AND WELFARE COMMITTEE AN ACT S 1024, by Agricultural Affairs Committee, was read the RELATING TO THE HEALTH INSURANCE second time by title and filed for third reading. EXCHANGE; AMENDING TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 61, TITLE 41, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO STATE Third Reading of Bills and Joint Resolutions LEGISLATIVE PURPOSE AND INTENT, TO DEFINE TERMS, TO ESTABLISH THE EXCHANGE AND THE H 147 - EXAMINATION OF CASE AND DISCHARGE BOARD, TO PROVIDE FOR POWERS AND AUTHORITY OF THE EXCHANGE, TO PROVIDE FOR REPORTING, TO H 147 was read the third time at length, section by section, AUTHORIZE RELIANCE BY THE EXCHANGE ON OTHER and placed before the House for final consideration. AGENCIES, TO PROVIDE THAT THE EXCHANGE SHALL NOT PREEMPT THE DUTIES OF THE DEPARTMENT At this time, the Speaker recognized Mr. Burgoyne to open OF INSURANCE, TO PROVIDE FOR THE PREFERENCE debate. FOR IDAHO CONTRACTORS IN A HEALTH INSURANCE Mr. Burgoyne asked unanimous consent that, pursuant to EXCHANGE, TO PROVIDE SEVERABILITY; AND Rule 22, discussion of H 148 and H 149 be allowed in debate of DECLARING AN EMERGENCY. H 147. There being no objection it was so ordered. HOUSE BILL NO. 249 The question being, "Shall H 147 pass?" BY REVENUE AND TAXATION COMMITTEE AN ACT Roll call resulted as follows: RELATING TO PROPERTY TAXATION; AMENDING AYES – Agidius, Anderson(01), Anderson(31), Anderst, SECTION 63-201, IDAHO CODE, TO REVISE THE Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, DEFINITIONS OF "FIXTURES," "PERSONAL PROPERTY" Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, AND "REAL PROPERTY" AND TO MAKE TECHNICAL Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, CORRECTIONS; DECLARING AN EMERGENCY AND Henderson, Hixon, Horman, Kauffman, King, Kloc, Loertscher, PROVIDING RETROACTIVE APPLICATION. Luker, Malek, McMillan, Meline, Miller, Morse, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, HOUSE BILL NO. 250 Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, BY REVENUE AND TAXATION COMMITTEE Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, AN ACT Youngblood, Mr. Speaker. Total – 62. RELATING TO SALES TAX EXEMPTIONS; AMENDING NAYS – Barbieri, Harris, Holtzclaw, Mendive, Monks, CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION Moyle, Shepherd, Wood(35). Total – 8. OF A NEW SECTION 63-3622WW, IDAHO CODE, TO Total – 70. PROVIDE THAT SALES BY GIRL SCOUTS OF AMERICA OF COOKIES FOR HUMAN CONSUMPTION SHALL BE Whereupon the Speaker declared that H 147 passed the EXEMPT FROM SPECIFIED TAXING PROVISIONS. House. Title was approved and the bill ordered transmitted to the Senate. H 242, H 243, H 244, H 245, H 246, H 247, H 248, H 249, and H 250 were introduced, read the first time by title, and H 148 - CHILD PROTECTIVE ACT referred to the Judiciary, Rules, and Administration Committee for printing. H 148 was read the third time at length, section by section, and placed before the House for final consideration. S 1120, by Finance Committee, was introduced, read the first time by title, and filed for second reading. At this time, the Speaker recognized Mr. Dayley to open debate. S 1098, by Education Committee, was introduced, read the first time by title, and referred to the Education Committee. The question being, "Shall H 148 pass?"

There being no objection, the House advanced to the Tenth Roll call resulted as follows: Order of Business. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Second Reading of Bills and Joint Resolutions Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, H 233, H 234, H 235, H 236, H 237, and H 238, by Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Appropriations Committee, were read the second time by title Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, and filed for third reading. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, [March 4, 2013 HOUSE JOURNAL 153

Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that H 157 passed the Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, House. Title was approved and the bill ordered transmitted to Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, the Senate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. H 181 - CAPITOL MAINTENANCE RESERVE FUND NAYS – None. Absent and excused – Crane. Total – 1. H 181 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 148 passed the At this time, the Speaker recognized Mr. Hartgen to open House. Title was approved and the bill ordered transmitted to debate. the Senate. Pursuant to Rule 38(3), Mr. Anderson(31) disclosed a H 149 - JUVENILE CORRECTIONS conflict of interest regarding H 181. H 149 was read the third time at length, section by section, The question being, "Shall H 181 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Ms. Sims to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall H 149 pass?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, NAYS – None. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared that H 181 passed the Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, House. Title was approved and the bill ordered transmitted to VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), the Senate. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. H 170 - REAL ESTATE APPRAISERS Whereupon the Speaker declared that H 149 passed the H 170 was read the third time at length, section by section, House. Title was approved and the bill ordered transmitted to and placed before the House for final consideration. the Senate. At this time, the Speaker recognized Mr. Youngblood to open H 157 - SALES AND USE TAX debate. H 157 was read the third time at length, section by section, The question being, "Shall H 170 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Vander Woude to AYES – Agidius, Anderson(01), Anderson(31), Anderst, open debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, interest regarding H 157. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, The question being, "Shall H 157 pass?" Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Roll call resulted as follows: Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, AYES – Agidius, Anderson(01), Anderst, Andrus, Barbieri, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, NAYS – None. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Whereupon the Speaker declared that H 170 passed the Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, House. Title was approved and the bill ordered transmitted to Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, the Senate. Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Mr. Moyle asked unanimous consent that the House recess Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, until 2 p.m. Youngblood, Mr. Speaker. Total – 68. NAYS – Anderson(31), Sims. Total – 2. Without objection, the Speaker declared the House at recess Total – 70. until 2 p.m. 154 HOUSE JOURNAL March 4, 2013]

RECESS H 124 - PARDONS AND GOVERNING RULES Afternoon Session H 124 was read the third time at length, section by section, The House reconvened at 2 p.m., the Speaker in the Chair. and placed before the House for final consideration. Prior to recess, the House was at the Eleventh Order of At this time, the Speaker recognized Mrs. Meline to open Business. debate. The question being, "Shall H 124 pass?" H 196 - INSURANCE Roll call resulted as follows: H 196 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Ms. Stevenson to open Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, debate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall H 196 pass?" Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – None. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared that H 124 passed the Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, House. Title was approved and the bill ordered transmitted to Meline, Mendive, Monks, Morse, Moyle, Nielsen, Packer, the Senate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), H 214 - HEALTH AND WELFARE Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. H 214 was read the third time at length, section by section, Absent and excused – Miller. Total – 1. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Luker and Whereupon the Speaker declared that H 196 passed the Mr. Burgoyne to open debate. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 214 pass?"

Roll call resulted as follows: H 199 - SELF-FUNDED HEALTH CARE PLAN AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, H 199 was read the third time at length, section by section, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, and placed before the House for final consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, At this time, the Speaker recognized Mr. Raybould Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, and Mr. Hancey to open debate. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 199 pass?" Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Roll call resulted as follows: Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Youngblood, Mr. Speaker. Total – 67. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – Ringo, Trujillo, Woodings. Total – 3. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Total – 70. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Whereupon the Speaker declared that H 214 passed the Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, House. Title was approved and the bill ordered transmitted to Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, the Senate. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Mr. Moyle asked unanimous consent that H 206 be placed Youngblood, Mr. Speaker. Total – 66. immediately following HCR 10 on the Third Reading Calendar. NAYS – Pence, Ringo, Rusche, Woodings. Total – 4. There being no objection, it was so ordered. Total – 70. H 220 - HORSE RACING Whereupon the Speaker declared that H 199 passed the House. Title was approved and the bill ordered transmitted to H 220 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. [March 4, 2013 HOUSE JOURNAL 155

At this time, the Speaker recognized Mrs. Perry to open Whereupon the Speaker Pro Tem declared HCR 6 adopted debate. by voice vote and ordered the resolution transmitted to the Senate. Pursuant to Rule 38(3), Mrs. Ward-Engelking disclosed a conflict of interest regarding H 220. HCR 12 - BOISE CITY SESQUICENTENNIAL The question being, "Shall H 220 pass?" HCR 12 was read the third time at length and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker Pro Tem recognized Mrs. Woodings Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, to open debate. Chew, Clow, Collins, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall HCR 12 be adopted?" Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Whereupon the Speaker Pro Tem declared HCR 12 adopted Patterson, Pence, Perry, Raybould, Ringo, Rusche, Sims, Smith, by voice vote and ordered the resolution transmitted to the Senate. Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 58. HCR 8 - TRANSPORTATION DEPARTMENT NAYS – Andrus, Crane, Dayley, DeMordaunt, Hancey, HCR 8 was read the third time at length and placed before Harris, Nielsen, Palmer, Romrell, Shepherd, Vander Woude, the House for final consideration. Wood(35). Total – 12. Total – 70. At this time, the Speaker Pro Tem recognized Mr. Palmer to Whereupon the Speaker declared that H 220 passed the open debate. House. Title was approved and the bill ordered transmitted to The question being, "Shall HCR 8 be adopted?" the Senate. Whereupon the Speaker Pro Tem declared HCR 8 adopted HJM 1 - FRANK CHURCH-RIVER OF NO RETURN by voice vote and ordered the resolution transmitted to the Senate. WILDERNESS

HJM 1 was read the third time at length and placed before HCR 10 - CARE SYSTEM - TIME-SENSITIVE the House for final consideration. EMERGENCIES - STUDY GROUP At this time, the Speaker recognized Mr. Gibbs to open HCR 10 was read the third time at length and placed before debate. the House for final consideration. The question being, "Shall HJM 1 be adopted?" At this time, the Speaker Pro Tem recognized Mr. Rusche to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall HCR 10 be adopted?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Roll call resulted as follows: Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Total – 57. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, NAYS – Burgoyne, Chew, Erpelding, Gannon, King, Patterson, Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Woodings. Total – 13. Vander Woude, Wills, Wood(27), Wood(35), Woodings, Total – 70. Youngblood. Total – 66. NAYS – McMillan. Total – 1. Whereupon the Speaker declared HJM 1 adopted and Absent and excused – Romrell, Ward-Engelking, ordered the memorial transmitted to the Senate. Mr. Speaker. Total – 3. Total – 70. HCR 6 - PRESCRIPTION MONITORING PROGRAM HCR 6 was read the third time at length and placed before Whereupon the Speaker Pro Tem declared HCR 10 adopted the House for final consideration. and ordered the resolution transmitted to the Senate. At this time, the Speaker recognized Mr. Rusche to open Mr. Crane asked unanimous consent that the remaining debate. bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. At this time, Mr. Moyle took the Chair. There being no objection, the House returned to the Fifth The question being, "Shall HCR 6 be adopted?" Order of Business. 156 HOUSE JOURNAL March 4, 2013]

Report of Standing Committees March 4, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 16, H 242, H 243, and H 244. WILLS, Chairman HCR 16 was filed for second reading. H 242, H 243, and H 244 were referred to the Revenue and Taxation Committee. March 4, 2013 Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 120 and report it back with amendments attached to be placed on General Orders for consideration. LOERTSCHER, Chairman H 120 was placed on General Orders for consideration. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Crane moved that the House adjourn until 10:30 a.m., Tuesday, March 5, 2013. Seconded by Mr. Vander Woude. Motion carried. Whereupon the Speaker Pro Tem declared the House adjourned at 3:22 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 5, 2013 HOUSE JOURNAL 157

HOUSE JOURNAL Enrolled H 72 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. OF THE March 4, 2013 Mr. Speaker: IDAHO LEGISLATURE I transmit herewith S 1091, as amended, and S 1057, as amended, which have passed the Senate. FIRST REGULAR SESSION NOVAK, Secretary SIXTY-SECOND LEGISLATURE S 1091, as amended, and S 1057, as amended, were filed for first reading. March 4, 2013 Mr. Speaker: FIFTY-EIGHTH LEGISLATIVE DAY I return herewith HCR 5, H 137, H 93, H 128, H 129, and TUESDAY, MARCH 5, 2013 H 132 which have passed the Senate. NOVAK, Secretary House of Representatives HCR 5, H 137, H 93, H 128, H 129, and H 132 were The House convened at 10:30 a.m., the Speaker in the Chair. referred to the Judiciary, Rules, and Administration Committee for enrolling. Roll call showed 69 members present. Absent and excused – Woodings. Total – 1. March 4, 2013 Total – 70. Mr. Speaker: I return herewith H 66, as amended in the Senate, which has Prayer was offered by Chaplain Tom Dougherty. passed the Senate. NOVAK, Secretary The Pledge of Allegiance was led by Laura Spencer, Page. H 66, as amended in the Senate, was ordered held at the Desk. Approval of Journal Report of Standing Committees March 5, 2013 Mr. Speaker: March 5, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved We, your COMMITTEE ON JUDICIARY, RULES, AND the House Journal of the Fifty-seventh Legislative Day and ADMINISTRATION, report that we have printed HCR 17, recommend that same be adopted as corrected. H 245, H 246, H 247, H 248, H 249, and H 250. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by HCR 17 was filed for second reading. Mr. Burgoyne. Report adopted. H 245 and H 246 were referred to the State Affairs Committee. Consideration of Messages from the Governor and the Senate H 247 was referred to the Resources and Conservation Committee. OFFICE OF THE GOVERNOR Boise H 248 was referred to the Health and Welfare Committee. March 4, 2013 H 249 and H 250 were referred to the Revenue and Taxation Committee. The Honorable Scott Bedke Speaker of the House March 5, 2013 Mr. Speaker: Dear Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I have the honor to advise you that I have signed today and ADMINISTRATION, report that we have enrolled H 9, H 11, am transmitting to the Secretary of State the following House bill, H 28, H 7, H 8, and H 86. to wit: WILLS, Chairman H 12, as amended in the Senate The Speaker announced he was about to sign enrolled H 9, As Always - Idaho, "Esto Perpetua" H 11, H 28, H 7, H 8, and H 86 and, when so signed, ordered /s/ C.L. "Butch" Otter them transmitted to the Senate for the signature of the President. Governor March 5, 2013 March 4, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I return herewith enrolled H 72 which has been signed by the ADMINISTRATION, report that we have transmitted enrolled President. H 29 to the Governor at 10:53 a.m., as of this date, March 4, 2013. NOVAK, Secretary WILLS, Chairman 158 HOUSE JOURNAL March 5, 2013]

March 5, 2013 WHEREAS, Idaho state agencies spend hundreds of millions Mr. Speaker: of dollars each year on contracts for goods and services; and We, your COMMITTEE ON JUDICIARY, RULES, AND WHEREAS, contracting in Idaho relies upon a partnership ADMINISTRATION, report that we have transmitted enrolled between the Division of Purchasing, within the Department of HCR 4 to the Secretary of State at 10:58 a.m., as of this date, Administration, and the contracting agency; and March 4, 2013. WHEREAS, the Office of Performance Evaluations (OPE) WILLS, Chairman reported to the Joint Legislative Oversight Committee (JLOC) on January 21, 2013, on contract management in Idaho; and March 4, 2013 WHEREAS, OPE found that Idaho's structure for contract Mr. Speaker: management could be improved in protecting the state's interests We, your COMMITTEE ON STATE AFFAIRS, report that in two key areas, training and monitoring; and we have had under consideration H 223 and recommend that it WHEREAS, OPE reported that contract training among do pass. agencies is inconsistent and that Idaho provides no formal LOERTSCHER, Chairman framework for contract monitoring; and WHEREAS, according to the OPE report, most agencies are H 223 was filed for second reading. not required to receive any training on how to develop contracts, March 5, 2013 monitor them once awarded or close them out once complete; and Mr. Speaker: WHEREAS, in its survey of agency staff who are involved We, your COMMITTEE ON TRANSPORTATION AND in at least some aspect of contract management, OPE found that DEFENSE, report that we have had under consideration S 1043, staff listed additional training as a primary means to improve the S 1050, S 1081, and S 1083 and recommend that they do pass. contracting process in Idaho; and PALMER, Chairman WHEREAS, within Idaho's existing statutory structure, the Division of Purchasing lacks the authority to expand its role and S 1043, S 1050, S 1081, and S 1083 were filed for second begin formally partnering with agencies to monitor contracts; and reading. WHEREAS, OPE reported that the absence of a requirement for state-level oversight in the contract monitoring process leaves March 5, 2013 agencies open to risk; and Mr. Speaker: WHEREAS, according to the OPE report, dedicated contract We, your COMMITTEE ON AGRICULTURAL AFFAIRS, monitoring staff within the Division of Purchasing could not only report that we have had under consideration H 208 and help increase the capacity of agencies to manage their contracts recommend that it do pass. but also help reduce the likelihood of major contract problems ANDRUS, Chairman such as delays or unacceptable deliverables. NOW, THEREFORE, BE IT RESOLVED by the members of H 208 was filed for second reading. the First Regular Session of the Sixty-second Idaho Legislature, March 5, 2013 the House of Representatives and the Senate concurring therein, Mr. Speaker: that the Legislature calls for the Department of Administration We, your COMMITTEE ON STATE AFFAIRS, report that to develop a plan to respond to the OPE report; e.g. to improve we have had under consideration S 1058 and recommend that it the development, management and reporting of contracts using do pass. best practices; to train and certify contract development and LOERTSCHER, Chairman management personnel for state government; and to review its database of contracts administered through the Division of S 1058 was filed for second reading. Purchasing to improve monitoring of such contracts. BE IT FURTHER RESOLVED that components of the plan There being no objection, the House advanced to the Seventh should include, but are not limited to, a best practices checklist, Order of Business. a training program to develop qualified requests for proposal (RFP) development experts and contract managers, project Motions, Memorials, and Resolutions risk management and risk mitigation activities and other best practices to improve the efficiency and performance of contracts HOUSE CONCURRENT RESOLUTION NO. 18 in Idaho. BY STATE AFFAIRS COMMITTEE BE IT FURTHER RESOLVED that the Division of A CONCURRENT RESOLUTION Purchasing should develop a plan to identify and outline the STATING FINDINGS OF THE LEGISLATURE role of project managers within agencies as it relates to contract AND CALLING UPON THE DEPARTMENT OF management and coordination with the Division of Purchasing. ADMINISTRATION TO DEVELOP A PLAN TO IMPROVE BE IT FURTHER RESOLVED that the Department of THE DEVELOPMENT, MANAGEMENT AND REPORTING Administration shall report to the Legislature on or before OF CONTRACTS, TO TRAIN CONTRACT DEVELOPMENT January 31, 2014, on its plan for improved contract management AND MANAGEMENT PERSONNEL, TO REVIEW A and any progress that such plan has achieved. DATABASE OF CONTRACTS AND TO DEVELOP A PLAN TO IDENTIFY AND OUTLINE THE DUTIES OF PROJECT HCR 18 was introduced, read the first time by title, and MANAGERS. referred to the Judiciary, Rules, and Administration Committee for printing. Be It Resolved by the Legislature of the State of Idaho: SCR 104 - TAIWAN WHEREAS, state government relies in part on successful contracts with vendors to provide goods and services, and Mr. Moyle moved that all rules of the House interfering with effective contract management is essential to ensuring that the immediate consideration of SCR 104 be suspended; that the Idaho's public funds are spent appropriately; and portions of Section 15, Article 3 of the Constitution of the State [March 5, 2013 HOUSE JOURNAL 159 of Idaho, requiring all bills to be read on three several days be Roll call resulted as follows: dispensed with, this being a case of urgency; and that SCR 104 be AYES – Agidius, Anderson(01), Anderson(31), Anderst, read the first time by title, second time by title, and third time Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, at length, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Seconded by Mr. Rusche. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, The question being, "Shall the rules be suspended?" King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Roll call resulted as follows: Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Youngblood, Mr. Speaker. Total – 67. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, NAYS – None. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Gestrin, Patterson, Woodings. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Total – 3. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Total – 70. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Whereupon the Speaker declared that more than two-thirds Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Youngblood, Mr. Speaker. Total – 67. carried, the rules were suspended, and HCR 16 was read the first NAYS – None. time by title, second time by title, and third time at length, and Absent and excused – Gestrin, Patterson, Woodings. placed before the House for final consideration. Total – 3. Total – 70. At this time, the Speaker recognized Ms. Pence to open debate. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion The question being, "Shall HCR 16 be adopted?" carried, the rules were suspended, and SCR 104 was read the first time by title, second time by title, and third time at length, and Roll call resulted as follows: placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Batt, Bell, Bolz, Boyle, Burgoyne, At this time, the Speaker recognized Mr. Rusche to open Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, debate. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, The question being, "Shall SCR 104 be adopted?" King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Youngblood, Mr. Speaker. Total – 68. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – None. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Absent and excused – Bateman, Woodings. Total – 2. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Total – 70. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared HCR 16 adopted and Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, ordered the resolution transmitted to the Senate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 69. Introduction, First Reading, and Reference NAYS – None. of Bills and Joint Resolutions Absent and excused – Woodings. Total – 1. Total – 70. HOUSE BILL NO. 251 BY APPROPRIATIONS COMMITTEE Whereupon the Speaker declared SCR 104 adopted and AN ACT ordered the resolution returned to the Senate. APPROPRIATING MONEYS TO THE INDUSTRIAL COMMISSION FOR FISCAL YEAR 2014; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT HCR 16 - INVENT IDAHO DAY POSITIONS; AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of HCR 16 be suspended; that the HOUSE BILL NO. 252 portions of Section 15, Article 3 of the Constitution of the State BY APPROPRIATIONS COMMITTEE of Idaho, requiring all bills to be read on three several days be AN ACT dispensed with, this being a case of urgency; and that HCR 16 be APPROPRIATING MONEYS TO THE DEPARTMENT read the first time by title, second time by title, and third time OF INSURANCE FOR FISCAL YEAR 2014; LIMITING THE at length, and placed before the House for final consideration. NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT Seconded by Mr. Rusche. POSITIONS; AND PROVIDING GUIDANCE FOR The question being, "Shall the rules be suspended?" EMPLOYEE COMPENSATION. 160 HOUSE JOURNAL March 5, 2013]

HOUSE BILL NO. 253 PERMANENCY HEARINGS; AMENDING SECTION BY APPROPRIATIONS COMMITTEE 16-1623, IDAHO CODE, TO REVISE PROVISIONS AN ACT RELATING TO THE TIME WITHIN WHICH A CERTAIN APPROPRIATING MONEYS TO THE PUBLIC HEARING MUST BE HELD; AMENDING SECTION UTILITIES COMMISSION FOR FISCAL YEAR 2014; 16-1624, IDAHO CODE, TO REVISE PROVISIONS LIMITING THE NUMBER OF FULL-TIME EQUIVALENT RELATING TO THE TERMINATION OF A PARENT-CHILD POSITIONS; AND PROVIDING GUIDANCE FOR RELATIONSHIP, TO PROVIDE THAT A CERTAIN EMPLOYEE COMPENSATION. PETITION SHALL BE FILED WITHIN A CERTAIN TIME FRAME AND TO PROVIDE THAT THE COURT HOUSE BILL NO. 254 MAY AUTHORIZE THE DEPARTMENT OF HEALTH BY APPROPRIATIONS COMMITTEE AND WELFARE TO SUSPEND FURTHER EFFORTS TO AN ACT REUNIFY A CHILD WITH THE CHILD'S PARENT UNDER APPROPRIATING MONEYS TO THE DEPARTMENT OF CERTAIN CIRCUMSTANCES; AMENDING SECTION ENVIRONMENTAL QUALITY FOR FISCAL YEAR 2014; 16-1625, IDAHO CODE, TO REMOVE LANGUAGE LIMITING THE NUMBER OF FULL-TIME EQUIVALENT RELATING TO A PARENT SUBJECTING A CHILD TO POSITIONS; APPROPRIATING AND TRANSFERRING AGGRAVATED CIRCUMSTANCES AND TO REMOVE MONEYS TO THE ENVIRONMENTAL REMEDIATION A CODE REFERENCE; AMENDING SECTION 16-1629, BASIN FUND; EXPRESSING LEGISLATIVE INTENT IDAHO CODE, TO REVISE PROVISIONS RELATING TO REGARDING THE ENVIRONMENTAL REMEDIATION CERTAIN POWERS AND DUTIES OF THE DEPARTMENT BASIN FUND AND REQUIRING AN ANNUAL REPORT; OF HEALTH AND WELFARE; AMENDING SECTION EXPRESSING LEGISLATIVE INTENT WITH REGARD 16-2002, IDAHO CODE, TO REVISE A DEFINITION; AND TO USE OF THE WATER POLLUTION CONTROL AMENDING SECTION 16-2005, IDAHO CODE, TO REVISE FUND; AND PROVIDING GUIDANCE FOR EMPLOYEE PROVISIONS RELATING TO THE COURT'S AUTHORITY COMPENSATION. TO REBUTTABLY PRESUME THAT TERMINATION OF PARENTAL RIGHTS IS IN THE BEST INTERESTS OF THE HOUSE BILL NO. 255 CHILD. BY APPROPRIATIONS COMMITTEE AN ACT HOUSE BILL NO. 257 RELATING TO THE APPROPRIATION TO THE BY STATE AFFAIRS COMMITTEE DEPARTMENT OF LABOR; AMENDING SECTION 1, AN ACT CHAPTER 137, LAWS OF 2012, TO APPROPRIATE RELATING TO BEER AND WINE; AMENDING ADDITIONAL MONEYS TO THE DEPARTMENT OF SECTION 23-1031, IDAHO CODE, TO REVISE A LABOR FOR FISCAL YEAR 2013; APPROPRIATING PROVISION RELATING TO THE ACCEPTANCE AND MONEYS TO THE DEPARTMENT OF LABOR FOR FISCAL USE OF AN ELECTRONIC FUNDS TRANSFER; AND YEAR 2014; LIMITING THE NUMBER OF AUTHORIZED AMENDING SECTION 23-1326, IDAHO CODE, TO REVISE FULL-TIME EQUIVALENT POSITIONS; PROVIDING A PROVISION RELATING TO THE ACCEPTANCE AND GUIDANCE FOR EMPLOYEE COMPENSATION; AND USE OF AN ELECTRONIC FUNDS TRANSFER. DECLARING AN EMERGENCY FOR SECTION 1 OF THIS ACT. HOUSE BILL NO. 258 BY STATE AFFAIRS COMMITTEE HOUSE BILL NO. 256 AN ACT BY STATE AFFAIRS COMMITTEE RELATING TO LICENSES TO CARRY CONCEALED AN ACT WEAPONS; AMENDING SECTION 18-3302, IDAHO RELATING TO THE CHILD PROTECTIVE ACT; CODE, TO REQUIRE THE SHERIFF TO PROVIDE THE AMENDING SECTION 16-1602, IDAHO CODE, TO APPLICANT WITH A COPY OF THE RESULTS OF THE DEFINE A TERM AND TO REVISE DEFINITIONS; APPLICANT'S RECORDS CHECK UPON REQUEST OF AMENDING SECTION 16-1610, IDAHO CODE, TO REVISE THE APPLICANT UNDER CERTAIN CONDITIONS AND REQUIREMENTS RELATING TO A CERTAIN PETITION TO MAKE A TECHNICAL CORRECTION. AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1619, IDAHO CODE, TO PROVIDE THAT H 251, H 252, H 253, H 254, H 255, H 256, H 257, and UPON ENTERING A CERTAIN DECREE, THE COURT H 258 were introduced, read the first time by title, and referred to SHALL PLACE A CHILD UNDER THE PROTECTIVE the Judiciary, Rules, and Administration Committee for printing. SUPERVISION OF THE DEPARTMENT OF HEALTH AND WELFARE AND TO REVISE PROVISIONS RELATING S 1091, as amended, and S 1057, as amended, by Education TO CERTAIN WRITTEN FINDINGS REQUIRED OF THE Committee, were introduced, read the first time by title, and COURT; AMENDING SECTION 16-1620, IDAHO CODE, referred to the Education Committee. TO ESTABLISH PROVISIONS RELATING TO A FINDING There being no objection, the House advanced to the Tenth OF AGGRAVATED CIRCUMSTANCES AND TO REVISE Order of Business. PROVISIONS RELATING TO A PERMANENCY PLAN AND HEARING; AMENDING SECTION 16-1621, IDAHO CODE, Second Reading of Bills and Joint Resolutions TO REVISE PROVISIONS RELATING TO CASE PLAN HEARINGS AND TO ESTABLISH PROVISIONS RELATING H 224, H 225, H 226, and H 218, by Education Committee, TO NO FINDING OF AGGRAVATED CIRCUMSTANCES; were read the second time by title and filed for third reading. AMENDING SECTION 16-1622, IDAHO CODE, TO REVISE PROVISIONS RELATING TO REVIEW HEARINGS AND S 1092, by Education Committee, was read the second time TO ESTABLISH PROVISIONS RELATING TO ANNUAL by title and filed for third reading. [March 5, 2013 HOUSE JOURNAL 161

H 219 and H 229, by State Affairs Committee, were read the Loertscher, Luker, McMillan, Mendive, Monks, Morse, Nielsen, second time by title and filed for third reading. Packer, Palmer, Patterson, Shepherd, Sims, Vander Woude, Wood(35). Total – 27. S 1120, by Finance Committee, was read the second time by Absent and excused – Thompson, Woodings. Total – 2. title and filed for third reading. Total – 70. Third Reading of Bills and Joint Resolutions Whereupon the Speaker declared that H 233 passed the House. Title was approved and the bill ordered transmitted to H 206 - PUBLIC CHARTER SCHOOLS the Senate. H 206 was read the third time at length, section by section, and placed before the House for final consideration. H 234 - APPROPRIATIONS - DIVISION OF HUMAN RESOURCES At this time, the Speaker recognized Mr. Clow to open debate. H 234 was read the third time at length, section by section, and placed before the House for final consideration. Mrs. Ward-Engelking asked unanimous consent that, pursuant to Rule 22, discussion of H 221 be allowed in debate At this time, the Speaker recognized Mrs. Ringo to open of H 206. There being no objection it was so ordered. debate. Pursuant to Rule 38(3), Mr. Crane disclosed a conflict of The question being, "Shall H 234 pass?" interest regarding H 206. Roll call resulted as follows: Mrs. VanOrden asked unanimous consent that, pursuant to AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rule 22, discussion of H 221 be allowed in debate of H 206. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, There being no objection it was so ordered. Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, The question being, "Shall H 206 pass?" Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Barbieri, Bateman, Batt, Boyle, Clow, Collins, Crane, Dayley, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Trujillo, DeMordaunt, Denney, Gestrin, Harris, Hartgen, Henderson, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Hixon, Holtzclaw, Horman, Kauffman, Malek, Mendive, Wood(35), Youngblood, Mr. Speaker. Total – 63. Miller, Monks, Morse, Nielsen, Packer, Palmer, Patterson, NAYS – Barbieri, Barrett, Denney, Shepherd, Sims. Perry, Shepherd, Stevenson, Thompson, Trujillo, VanOrden, Total – 5. Vander Woude, Wills, Wood(35), Youngblood, Mr. Speaker. Absent and excused – Thompson, Woodings. Total – 2. Total – 42. Total – 70. NAYS – Andrus, Barrett, Bell, Bolz, Burgoyne, Chew, Whereupon the Speaker declared that H 234 passed the Erpelding, Eskridge, Gannon, Gibbs, Hancey, King, Kloc, House. Title was approved and the bill ordered transmitted to Loertscher, Luker, McMillan, Meline, Moyle, Pence, Raybould, the Senate. Ringo, Romrell, Rusche, Sims, Smith, Ward-Engelking, Wood(27). Total – 27. Mr. Moyle asked unanimous consent that the House recess Absent and excused – Woodings. Total – 1. until 1:30 p.m. Total – 70. Without objection, the Speaker declared the House at recess Whereupon the Speaker declared that H 206 passed the until 1:30 p.m. House. Title was approved and the bill ordered transmitted to RECESS the Senate. Afternoon Session

H 233 - APPROPRIATION - COMMISSION ON THE The House reconvened at 1:30 p.m., the Speaker in the Chair. ARTS Prior to recess, the House was at the Eleventh Order of H 233 was read the third time at length, section by section, Business. and placed before the House for final consideration. Mrs. Wood(35) asked unanimous consent that S 1006, as At this time, the Speaker recognized Mrs. Ringo to open amended, be placed on General Orders for consideration. There debate. being no objection it was so ordered. The question being, "Shall H 233 pass?" H 235 - APPROPRIATIONS - PERSI

Roll call resulted as follows: H 235 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, At this time, the Speaker recognized Mr. Thompson to open Erpelding, Eskridge, Gannon, Gibbs, Hartgen, Henderson, debate. Horman, Kauffman, King, Kloc, Malek, Meline, Miller, Moyle, Pence, Perry, Raybould, Ringo, Romrell, Rusche, The question being, "Shall H 235 pass?" Smith, Stevenson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Youngblood, Mr. Speaker. Total – 41. Roll call resulted as follows: NAYS – Barbieri, Barrett, Batt, Boyle, Crane, Dayley, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, DeMordaunt, Denney, Gestrin, Hancey, Harris, Hixon, Holtzclaw, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, 162 HOUSE JOURNAL March 5, 2013]

DeMordaunt, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Henderson, Hixon, Horman, Kauffman, King, Kloc, Loertscher, Youngblood, Mr. Speaker. Total – 67. Luker, Malek, McMillan, Meline, Mendive, Miller, Morse, NAYS – McMillan. Total – 1. Moyle, Packer, Pence, Perry, Raybould, Ringo, Romrell, Absent and excused – Boyle, Woodings. Total – 2. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Total – 70. VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 55. Whereupon the Speaker declared that H 237 passed the NAYS – None. House. Title was approved and the bill ordered transmitted to Absent and excused – Anderson(01), Barbieri, Batt, Boyle, the Senate. Crane, Denney, Erpelding, Gestrin, Holtzclaw, Monks, Nielsen, Palmer, Patterson, Vander Woude, Woodings. Total – 15. Consideration of General Orders Total – 70. Mr. Moyle moved that the House do now resolve itself into a Whereupon the Speaker declared that H 235 passed the Committee of the Whole House for the consideration of General House. Title was approved and the bill ordered transmitted to Orders. Seconded by Mr. Rusche. Motion carried. the Senate. Whereupon the House resolved itself into a Committee of the Whole House for the consideration of General Orders with H 236 - APPROPRIATION - IDAHO STATE LOTTERY Mr. Crane in the Chair. H 236 was read the third time at length, section by section, When the Committee of the Whole House rose, and placed before the House for final consideration. the Speaker returned to the Chair and the House was in order. At this time, the Speaker recognized Mrs. Ringo to open Report of the Committee of the Whole House debate. March 5, 2013 The question being, "Shall H 236 pass?" Mr. Speaker: We, your COMMITTEE OF THE WHOLE HOUSE, report Roll call resulted as follows: that we have had under consideration H 45, H 98, H 90, H 91, AYES – Agidius, Anderson(01), Anderson(31), Bell, H 113, S 1049, S 1013, H 30, H 193, H 171, and H 120 and Bolz, Burgoyne, Chew, Collins, Erpelding, Eskridge, Gannon, report them back without recommendation, amended as follows: Gibbs, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Kloc, Malek, Meline, Miller, Packer, Pence, Perry, Raybould, HOUSE AMENDMENT TO H.B. NO. 45 Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Youngblood, AMENDMENT TO SECTION 1 Mr. Speaker. Total – 39. On page 2 of the printed bill, delete lines 7 through 13, and NAYS – Anderst, Andrus, Barbieri, Barrett, Bateman, insert: Clow, Dayley, DeMordaunt, Hancey, Harris, Loertscher, Luker, "(9) "Professional engineer" means a person who has been McMillan, Mendive, Morse, Moyle, Shepherd, Sims, Wood(35). duly licensed"; in line 15, delete "(101)" and insert: "(10)"; in Total – 19. line 36, delete "(112)" and insert: "(11)"; and in line 47, delete Absent and excused – Batt, Boyle, Crane, Denney, Gestrin, "(123)" and insert: "(12)". Holtzclaw, Monks, Nielsen, Palmer, Patterson, Vander Woude, On page 3, in line 3, delete "(134)" and insert: "(13)"; in line Woodings. Total – 12. 5, delete "(145)" and insert: "(14)"; in line 12, delete "(156)" and Total – 70. insert: "(15)"; in line 14, delete "(167)" and insert: "(16)"; and in line 22, delete "(178)" and insert: "(17)". Whereupon the Speaker declared that H 236 passed the House. Title was approved and the bill ordered transmitted to CORRECTION TO TITLE the Senate. On page 1 of the printed bill, in line 3, delete "TO DEFINE A TERM,". H 237 - APPROPRIATION - BUILDING SAFETY HOUSE AMENDMENT TO H.B. NO. 98 H 237 was read the third time at length, section by section, and placed before the House for final consideration. AMENDMENT TO SECTION 3 On page 6 of the printed bill, in line 31, following "period" At this time, the Speaker recognized Mr. Thompson to open delete "and upon" and insert: "upon"; in line 32, delete "a debate. showing of good cause" and insert: "a showing of good cause The question being, "Shall H 237 pass?" if a provider presents a written request for suspension of the investigation"; also in line 32, delete "may" and insert: "may Roll call resulted as follows: shall"; in line 33, following "Upon receipt" insert: "of the AYES – Agidius, Anderson(01), Anderson(31), Anderst, requested documentation"; and in line 37, following "medical Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, records" insert: "and medical claims". Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, HOUSE AMENDMENT TO H.B. NO. 90 King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, AMENDMENT TO SECTION 1 Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, On page 2 of the printed bill, delete lines 49 and 50, and Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, insert: "area comprising such a facility. The license shall be solely Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, [March 5, 2013 HOUSE JOURNAL 163 for the equestrian facility and shall not be transferred to any other On page 2, in line 4, delete "exchange" and insert: location. The fees"; and on page 3, delete line 50, and insert: "exchange". "23-904, Idaho Code. No license issued to a convention center hereunder shall". CORRECTION TO TITLE On page 4, delete line 1, and insert: "be transferable to On page 1, in line 3, delete "REMOVE another location or facility, nor shall tThe holder of a"; in line REFERENCE TO LINK-UP CONTRIBUTIONS" and 2, following "license" insert: "shall not"; also on page 4, delete insert: "REVISE PROVISIONS RELATING TO THE lines 25 and 26, and insert: "as set forth in section 23-904, Idaho TELECOMMUNICATIONS SERVICE ASSISTANCE Code. Licenses issued to continuous operation facilities are not PROGRAM"; and in line 4, following "CODE," insert: transferable.". "TO REVISE PROVISIONS RELATING TO A CERTAIN On page 5, delete lines 1 and 2, and insert: "Idaho Code. ASSISTANCE RATE DISCOUNT, TO REVISE PROVISIONS Except for licenses issued pursuant to subsection (1) of this RELATING TO THE IDAHO TELECOMMUNICATIONS section, lLicenses issued under the provisions of this section are SERVICE ASSISTANCE PLAN, TO REMOVE REFERENCE not transferable to any other location, facility or premise.". TO THE TERM "EXCHANGE" AND". CORRECTION TO TITLE HOUSE AMENDMENT TO H.B. NO. 30 On page 1, delete lines 3 and 4, and insert: "IDAHO CODE, TO CLARIFY THE TRANSFERABILITY AND AMENDMENT TO SECTION 1 NONTRANSFERABILITY OF CERTAIN LIQUOR LICENSES On page 1 of the printed bill, in line 11, following AND TO MAKE TECHNICAL CORRECTIONS.". "PERJURY." insert: "(1)"; and following line 24, insert: "(2) This section shall not apply to acknowledgments.". HOUSE AMENDMENT TO H.B. NO. 91 CORRECTION TO TITLE AMENDMENT TO SECTION 1 On page 1, in line 5, following "PERJURY" insert: "AND TO On page 1 of the printed bill, in line 33, following "(f)" PROVIDE THAT SUCH NEW SECTION SHALL NOT APPLY delete "As election personnel serving on a temporary basis" and TO ACKNOWLEDGMENTS". insert: "As an election official or election worker"; and in line 35, following "board" insert: ", if the amount of remuneration HOUSE AMENDMENT TO H.B. NO. 193 received by the individual during the calendar year for services AMENDMENT TO SECTION 2 as an election official or election worker is less than one thousand On page 4 of the printed bill, delete lines 48 through 50. dollars ($1,000)". On page 5, delete lines 1 through 11; and in line 12, delete "(a) and (b) of this subsection, each" and insert: HOUSE AMENDMENT TO H.B. NO. 113 "(4) Each". AMENDMENT TO SECTION 1 AMENDMENT TO SECTION 3 On page 3 of the printed bill, delete lines 16 through 24, and On page 5, delete lines 46 through 48. insert: On page 6, delete lines 1 and 2, and insert: "Under Idaho law, there are risks associated with "(6) Funds received from the fee imposed pursuant to the agritourism, which could lead to injury or death. provisions of section 31-4813, Idaho Code, shall be distributed You are assuming these risks. Section 6-3004, quarterly to each governing board based upon population served, Idaho Code.". excluding one percent (1%) to be used for administration of the emergency communications commission as described in this HOUSE AMENDMENT TO S.B. NO. 1049 section.".

AMENDMENT TO SECTION 1 HOUSE AMENDMENT TO H.B. NO. 171 On page 2 of the printed bill, in line 7, delete "(h)" and insert: "(n)". AMENDMENT TO SECTION 1 On page 1 of the printed bill, delete lines 11 through 40, and HOUSE AMENDMENT TO S.B. NO. 1013 insert: "highway or public right-of-way under the jurisdiction of a AMENDMENT TO SECTION 1 county or highway district is encroached upon by gates, fences, On page 1 of the printed bill, in line 17, delete "maximize" buildings, or otherwise, the appropriate county or highway and insert: "maximize grant limited". district may require the encroachment to be removed. AMENDMENT TO SECTION 2 (2) If the county or highway district has actual notice of On page 1, delete lines 29 through 37, and insert: "tial basic an encroachment that is of a nature as to effectually obstruct and local exchange service shall provide assistance in the form of a prevent the use of an open highway for vehicles or is unsafe for monthly discount to eligible subscribers of residential basic local pedestrian or motorist use of an open highway, the county or exchange service of three two dollars and fifty cents ($32.50) or highway district shall immediately cause the encroachment to be an amount authorized by the federal communication commission removed without notice. whichever is greater. In no case will the discount exceed the (23) If the county or highway district elects to remove an rate charged for the grade of residential basic local exchange encroachment as provided for in subsection (1) of this section, service subscribed to by each eligible individual. The Idaho nNotice shall be given to the occupant or owner of the land, or telecommunications service assistance plan shall only be used person causing or owning the encroachment, or left at his place of to provide for a single residence line at the principal residence residence if he resides in the highway jurisdiction. If not, it shall of the eligible subscriber household."; and in line 38, delete be posted on the encroachment, specifying the place and extent of "exchange" and insert: "exchange". the encroachment, and requiring him to remove the encroachment within ten (10) days. 164 HOUSE JOURNAL March 5, 2013]

(3a) If the encroachment is not removed, or commenced to be used when purchasing lottery tickets from retailers in over be removed, prior to the expiration of ten (10) days from the the counter purchases. Customer operated machines, terminals service or posting the notice, the person who caused, owns or other devices for selling lottery tickets or shares shall only be or controls the encroachment shall forfeit up to one hundred operated by the use of currency or coin; and". fifty dollars ($150) for each day the encroachment continues unremoved.; We have also had under consideration H 111, report progress (4b) If the encroachment is denied, and the owner, and beg leave to sit again. occupant, or person controlling the encroachment, refuses CRANE, Chairman either to remove it or to permit its removal, the county or Mr. Crane moved that the report be adopted. Seconded by highway district shall commence in the proper court an Mr. Rusche. action to abate the encroachment as a nuisance. If the county or highway district recovers judgment, it may, in addition to Whereupon the Speaker declared the report adopted. having the encroachment abated, recover up to one hundred H 45, as amended, H 98, as amended, H 90, as amended, fifty dollars ($150) for every day the nuisance encroachment H 91, as amended, H 113, as amended, H 30, as amended, H 193, remained after notice, as well as costs of the legal action as amended, H 171, as amended, and H 120, as amended, were and removal.; or referred to the Judiciary, Rules, and Administration Committee (5c) If the encroachment is not denied, but is not removed for engrossing. owner, occupant or person controlling the encroachment fails to respond to the notice within five (5) days after the notice S 1049, as amended in the House, and S 1013, as amended is complete, the county or highway district may remove it in the House, were filed for first reading. at the expense of the owner, occupant, or person controlling the encroachment, and the county or highway district may H 111 was retained on General Orders. recover costs and expenses, as well as the sum of up to one The amendments were referred to Judiciary, Rules, and hundred fifty dollars ($150) for each day the encroachment Administration committee for printing. remained after notice was complete.". On page 2, delete lines 1 through 3, and insert: There being no objection, the House returned to the Eleventh "(4) The duties referenced in the provisions of this section, Order of Business. whether statutory or common law, require reasonable care only and shall not be construed to impose strict liability or to Third Reading of Bills and Joint Resolutions otherwise enlarge the liability of the county or highway district. The county or highway district, while responsible for their own H 238 - APPROPRIATIONS - DEPARTMENT OF acts or omissions, shall not be liable for any injury or damage FINANCE caused by or arising from the encroachment or the failure to H 238 was read the third time at length, section by section, remove or abate the encroachment as provided for in subsection and placed before the House for final consideration. (1) of this section. The provision of this section shall not be construed to impair any defense that the county or highway At this time, the Speaker recognized Mr. Youngblood to open district may assert in a civil action."; debate. and in line 4, delete "7" and insert: "5". The question being, "Shall H 238 pass?" CORRECTION TO TITLE On page 1, delete lines 3 through 5, and insert: Roll call resulted as follows: "THE COUNTY OR HIGHWAY DISTRICT HAS AYES – Agidius, Anderson(01), Anderson(31), Anderst, ACTUAL NOTICE OF AN ENCROACHMENT THAT Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, IS UNSAFE FOR PEDESTRIANS OR MOTORISTS, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, TO REVISE TERMINOLOGY, TO PROVIDE THAT AN Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, OWNER, OCCUPANT OR PERSON CONTROLLING AN Holtzclaw, Horman, Kauffman, King, Kloc, Malek, Meline, ENCROACHMENT MUST FAIL TO RESPOND TO NOTICE Miller, Monks, Morse, Packer, Palmer, Patterson, Pence, Perry, TO REMOVE AN ENCROACHMENT, TO PROVIDE Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, FOR THE STANDARD OF CARE FOR THE COUNTY Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, OR HIGHWAY DISTRICT, TO PROVIDE THAT THE Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, COUNTY OR HIGHWAY DISTRICT SHALL NOT BE Mr. Speaker. Total – 59. LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY NAYS – Barbieri, Barrett, Harris, Loertscher, Luker, AN ENCROACHMENT OR FAILURE TO REMOVE AN McMillan, Mendive, Moyle, Nielsen. Total – 9. UNAUTHORIZED ENCROACHMENT UPON A HIGHWAY Absent and excused – Hixon, Woodings. Total – 2. AND TO ESTABLISH PROVISIONS RELATING TO ANY Total – 70. DEFENSE THE COUNTY OR HIGHWAY DISTRICT MAY Whereupon the Speaker declared that H 238 passed the ASSERT IN A CIVIL ACTION.". House. Title was approved and the bill ordered transmitted to the Senate. HOUSE AMENDMENT TO H.B. NO. 120 Mr. Moyle asked unanimous consent that H 221 be placed immediately following H 217 on the Third Reading Calendar. AMENDMENT TO SECTION 1 There being no objection, it was so ordered. On page 1 of the printed bill, delete lines 31 through 35, and insert: "munications systems and data processing systems, H 188 - PATIENT CARE RECORDS provided that credit cards, debit cards and other means of electronic funds transfer shall not be used to purchase lottery H 188 was read the third time at length, section by section, tickets or shares by retail customers, except that debit cards may and placed before the House for final consideration. [March 5, 2013 HOUSE JOURNAL 165

At this time, the Speaker recognized Mr. Wood(27) to open The question being, "Shall H 216 pass?" debate. Roll call resulted as follows: The question being, "Shall H 188 pass?" AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Roll call resulted as follows: Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Harris, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Harris, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Youngblood, Mr. Speaker. Total – 67. Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, NAYS – None. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Absent and excused – Hixon, Thompson, Woodings. Youngblood, Mr. Speaker. Total – 67. Total – 3. NAYS – None. Total – 70. Absent and excused – Hixon, Thompson, Woodings. Total – 3. Whereupon the Speaker declared that H 216 passed the Total – 70. House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 188 passed the House. Title was approved and the bill ordered transmitted to Mr. Moyle asked unanimous consent that the remaining the Senate. bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. Mr. Moyle asked unanimous consent that H 189 be placed immediately following H 221 on the Third Reading Calendar. There being no objection, the House advanced to the There being no objection, it was so ordered. Sixteenth Order of Business.

H 211 - PHYSICIANS AND SURGEONS Adjournment H 211 was read the third time at length, section by section, Mr. Moyle moved that the House adjourn until 10:30 a.m., and placed before the House for final consideration. Wednesday, March 6, 2013. Seconded by Mr. Rusche. Motion carried. At this time, the Speaker recognized Mr. Romrell to open debate. Whereupon the Speaker declared the House adjourned at 2:32 p.m. The question being, "Shall H 211 pass?" SCOTT BEDKE, Speaker

Roll call resulted as follows: ATTEST: AYES – Anderson(01), Anderson(31), Anderst, Andrus, BONNIE ALEXANDER, Chief Clerk Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, Morse, Moyle, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 54. NAYS – Agidius, Barbieri, Barrett, Boyle, Dayley, Harris, McMillan, Mendive, Monks, Nielsen, Palmer, Sims, Stevenson. Total – 13. Absent and excused – Hixon, Thompson, Woodings. Total – 3. Total – 70. Whereupon the Speaker declared that H 211 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 216 - GUYED TOWERS H 216 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Wills to open debate. 166 HOUSE JOURNAL March 6, 2013]

HOUSE JOURNAL H 10, H 153, H 109, H 163, and H 203 were referred to the Judiciary, Rules, and Administration Committee for enrolling. OF THE H 66, as amended in the Senate, was previously held at the IDAHO LEGISLATURE Desk. Mr. Kauffman asked unanimous consent that the House FIRST REGULAR SESSION concur in the Senate amendments to H 66, as amended in the SIXTY-SECOND LEGISLATURE Senate. There being no objection, it was so ordered. H 66, as amended in the Senate, was referred to the Judiciary, Rules, and Administration Committee for engrossing. Report of Standing Committees FIFTY-NINTH LEGISLATIVE DAY WEDNESDAY, MARCH 6, 2013 March 6, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND House of Representatives ADMINISTRATION, report that we have printed House amendments to H 45, H 98, H 90, H 91, H 113, S 1049, S 1013, The House convened at 10:30 a.m., the Speaker in the Chair. H 30, H 193, H 171, and H 120. WILLS, Chairman Roll call showed 68 members present. Absent and excused – Horman, Thompson. Total – 2. March 6, 2013 Total – 70. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Prayer was offered by Chaplain Tom Dougherty. ADMINISTRATION, report that we have printed HCR 18, The Pledge of Allegiance was led by Esther Frederick, Page. H 251, H 252, H 253, H 254, H 255, H 256, H 257, and H 258. WILLS, Chairman Approval of Journal HCR 18, H 257, and H 258 were referred to the State Affairs March 6, 2013 Committee. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 251, H 252, H 253, H 254, and H 255 were filed for second ADMINISTRATION, report that we have read and approved reading. the House Journal of the Fifty-eighth Legislative Day and H 256 was referred to the Judiciary, Rules, and recommend that same be adopted as corrected. Administration Committee. WILLS, Chairman March 6, 2013 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON JUDICIARY, RULES, AND Consideration of Messages from the ADMINISTRATION, report that we have enrolled HCR 5, Governor and the Senate H 137, H 93, H 128, H 129, and H 132. WILLS, Chairman March 5, 2013 Mr. Speaker: The Speaker announced he was about to sign enrolled I return herewith enrolled H 122, H 123, H 48, H 49, H 166, HCR 5, H 137, H 93, H 128, H 129, and H 132 and, when so H 174, H 180, H 82, H 42, H 47, H 50, and H 89 which have signed, ordered them transmitted to the Senate for the signature been signed by the President. of the President. NOVAK, Secretary March 6, 2013 Enrolled H 122, H 123, H 48, H 49, H 166, H 174, Mr. Speaker: H 180, H 82, H 42, H 47, H 50, and H 89 were referred to the We, your COMMITTEE ON JUDICIARY, RULES, AND Judiciary, Rules, and Administration Committee for delivery to ADMINISTRATION, report that we have engrossed H 45, the Governor. as amended, H 98, as amended, H 90, as amended, H 91, as amended, H 113, as amended, H 30, as amended, H 193, as March 5, 2013 amended, H 171, as amended, and H 120, as amended. Mr. Speaker: WILLS, Chairman I return herewith enrolled HCR 3 which has been signed by the President. H 45, as amended, H 98, as amended, H 90, as amended, NOVAK, Secretary H 91, as amended, H 113, as amended, H 30, as amended, H 193, as amended, H 171, as amended, and H 120, as amended, were Enrolled HCR 3 was referred to the Judiciary, Rules, and filed for first reading of engrossed bills. Administration Committee for delivery to the Secretary of State. March 6, 2013 March 5, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I return herewith H 10, H 153, H 109, H 163, and ADMINISTRATION, report that we have transmitted enrolled H 203 which have passed the Senate. H 72 to the Governor at 11:14 a.m., as of this date, March 5, 2013. NOVAK, Secretary WILLS, Chairman [March 6, 2013 HOUSE JOURNAL 167

March 5, 2013 H 176 and S 1025 were filed for second reading. Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, March 6, 2013 report that we have had under consideration S 1014 and Mr. Speaker: recommend that it do pass. We, your COMMITTEE ON REVENUE AND TAXATION, WOOD(27), Chairman report that we have had under consideration H 244 and recommend that it do pass. COLLINS, Chairman S 1014 was filed for second reading. H 244 was filed for second reading.

March 5, 2013 March 6, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we We, your COMMITTEE ON STATE AFFAIRS, return have had under consideration S 1089 and recommend that it do misdirected H 246 to the Desk. pass. LOERTSCHER, Chairman DEMORDAUNT, Chairman H 246 was referred to Local Government. There being no objection, the House advanced to the Seventh S 1089 was filed for second reading. Order of Business. Motions, Memorials, and Resolutions March 5, 2013 Mr. Speaker: HOUSE CONCURRENT RESOLUTION NO. 19 We, your COMMITTEE ON REVENUE AND TAXATION, BY HEALTH AND WELFARE COMMITTEE report that we have had under consideration H 242 and A CONCURRENT RESOLUTION recommend that it do pass. STATING FINDINGS OF THE LEGISLATURE AND COLLINS, Chairman ENCOURAGING THE INCLUSION OF NUTRITION SERVICES AS AN INTEGRAL COMPONENT IN THE PREVENTION AND TREATMENT OF CHRONIC DISEASE. H 242 was filed for second reading. Be It Resolved by the Legislature of the State of Idaho:

March 5, 2013 WHEREAS, nearly 62% of Idaho's adult residents are Mr. Speaker: overweight or obese due to poor nutrition and physical inactivity, We, your COMMITTEE ON JUDICIARY, RULES, putting them at risk for costly chronic diseases, such as diabetes, AND ADMINISTRATION, report that we have had under heart disease and obesity-related cancers; and consideration S 1032 and S 1033, as amended, and recommend WHEREAS, a reduction in the average Body Mass Index that they do pass. (BMI) by five percent in Idaho's citizens could lead to health care WILLS, Chairman savings of more than one billion dollars in ten years and three billion dollars in twenty years; and WHEREAS, nutrition and wellness classes provided by S 1032 and S 1033, as amended, were filed for second registered dietitians have resulted in positive outcomes in BMI, reading. blood sugars and reduction of heart disease risk throughout March 5, 2013 Idaho; and Mr. Speaker: WHEREAS, registered dietitians in Idaho collaborate with We, your COMMITTEE ON BUSINESS, report that we have other medical professionals to deliver Medical Nutrition Therapy had under consideration H 232 and recommend that it do pass. (MNT), ensuring a patient's overall health with an emphasis on HENDERSON, Chairman prevention, improved clinical outcomes and reducing health care costs; and H 232 was filed for second reading. WHEREAS, according to the Institute of Medicine, "the registered dietitian is currently the single identifiable group March 6, 2013 of health-care professionals with standardized education, Mr. Speaker: clinical training, continuing education and national credentialing We, your COMMITTEE ON RESOURCES AND requirements necessary to be directly reimbursed as a provider CONSERVATION, report that we have had under consideration of nutrition therapy."; and H 143, HCR 14, SCR 106, SCR 108, and SCR 110 and WHEREAS, registered dietitians work in a variety of recommend that they do pass. professions and locations throughout Idaho in the private and DENNEY, Chairman public sector and are trained medical professionals who are H 143, HCR 14, SCR 106, SCR 108, and SCR 110 were licensed through the Idaho State Board of Medicine. filed for second reading. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, March 6, 2013 the House of Representatives and the Senate concurring therein, Mr. Speaker: that the Legislature finds that registered dietitians can help the We, your COMMITTEE ON STATE AFFAIRS, report people of Idaho in the selection of nutritious foods, including that we have had under consideration H 176 and S 1025 and Idaho food products, prevent and manage diseases through MNT recommend that they do pass. and counseling, and provide nutrition education in schools, LOERTSCHER, Chairman workplaces, clinics and other venues. 168 HOUSE JOURNAL March 6, 2013]

BE IT FURTHER RESOLVED that by providing MNT and IDAHO CODE, BY THE ADDITION OF A NEW SECTION professional nutrition counseling by Idaho registered dietitians in 33-1274A, IDAHO CODE, TO ESTABLISH PROVISIONS conjunction with existing services covered by insurance carriers, RELATING TO REQUIREMENTS WHEN PARTIES there will be a significant impact on chronic disease management, TO NEGOTIATIONS REACH AGREEMENT AND TO along with significant health care cost savings in the State of ESTABLISH PROVISIONS RELATING TO THE FAILURE Idaho. TO RATIFY A CERTAIN AGREEMENT; REPEALING SECTION 33-1274, IDAHO CODE, RELATING TO HOUSE CONCURRENT RESOLUTION NO. 20 APPOINTMENT OF MEDIATORS AND COMPENSATION; BY STATE AFFAIRS COMMITTEE AMENDING CHAPTER 12, TITLE 33, IDAHO CODE, BY A CONCURRENT RESOLUTION THE ADDITION OF A NEW SECTION 33-1274, IDAHO STATING FINDINGS OF THE LEGISLATURE AND CODE, TO ESTABLISH PROVISIONS RELATING TO REJECTING A CERTAIN FINAL RULE OF THE STATE THE APPOINTMENT OF MEDIATORS IN THE EVENT ATHLETIC COMMISSION RELATING TO RULES OF THE PARTIES ARE NOT ABLE TO COME TO AN AGREEMENT STATE ATHLETIC COMMISSION. AND TO ESTABLISH PROVISIONS RELATING TO COMPENSATION; PROVIDING SEVERABILITY; Be It Resolved by the Legislature of the State of Idaho: DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES. WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules HOUSE BILL NO. 261 are not consistent with legislative intent; and BY EDUCATION COMMITTEE WHEREAS, it is the finding of the Legislature that a certain AN ACT final rule of the State Athletic Commission relating to Rules of RELATING TO EDUCATION; AMENDING CHAPTER the State Athletic Commission is not consistent with legislative 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A intent and should be rejected. NEW SECTION 33-522A, IDAHO CODE, TO ESTABLISH NOW, THEREFORE, BE IT RESOLVED by the members of PROVISIONS RELATING TO A REDUCTION IN FORCE the First Regular Session of the Sixty-second Idaho Legislature, AND TO ESTABLISH PROVISIONS RELATING TO the House of Representatives and the Senate concurring therein, A CERTAIN POLICY; PROVIDING SEVERABILITY; that IDAPA 03.01.01, State Athletic Commission, Rules of the DECLARING AN EMERGENCY AND PROVIDING A State Athletic Commission, final rule Section 107, Subsection 07, SUNSET DATE. only, be, and the same is hereby rejected and declared null, void and of no force and effect. HOUSE BILL NO. 262 HCR 19 and HCR 20 were introduced, read the first time BY APPROPRIATIONS COMMITTEE by title, and referred to the Judiciary, Rules, and Administration AN ACT Committee for printing. APPROPRIATING ADDITIONAL MONEYS TO Introduction, First Reading, and Reference THE OFFICE OF THE STATE APPELLATE PUBLIC of Bills and Joint Resolutions DEFENDER FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE OFFICE OF THE STATE APPELLATE HOUSE BILL NO. 259 PUBLIC DEFENDER FOR FISCAL YEAR 2014; BY EDUCATION COMMITTEE LIMITING THE NUMBER OF FULL-TIME EQUIVALENT AN ACT POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE RELATING TO EDUCATION; AMENDING SECTION COMPENSATION; AND DECLARING AN EMERGENCY. 33-513, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO GRANTING AN EMPLOYEE'S REQUEST HOUSE BILL NO. 263 FOR VOLUNTARY LEAVE OF ABSENCE, TO ESTABLISH BY APPROPRIATIONS COMMITTEE PROVISIONS RELATING TO THE DELEGATION OF AN ACT AUTHORITY TO PLACE AN EMPLOYEE ON AN APPROPRIATING MONEYS TO THE ATTORNEY INVOLUNTARY LEAVE OF ABSENCE, TO PROVIDE FOR GENERAL FOR FISCAL YEAR 2014; LIMITING THE RATIFICATION OF CERTAIN ACTION, TO ESTABLISH NUMBER OF FULL-TIME EQUIVALENT POSITIONS; PROVISIONS RELATING TO AN INVOLUNTARY EXEMPTING APPROPRIATION FROM OBJECT AND LEAVE OF ABSENCE WITHOUT PAY, TO ESTABLISH PROGRAM TRANSFER LIMITATIONS; PROVIDING PROVISIONS RELATING TO AN INVOLUNTARY LEAVE GUIDANCE FOR EMPLOYEE COMPENSATION; OF ABSENCE WITH PAY, TO ESTABLISH PROVISIONS DIRECTING THE RECALCULATION OF CERTAIN RELATING TO DUAL COURT ORDERS, TO ESTABLISH LEGAL FEES; AND DIRECTING THE COLLECTION OF PROVISIONS RELATING TO AN INVESTIGATION, TO ADDITIONAL LEGAL SERVICE FEES. MAKE A CODIFIER'S CORRECTION AND TO MAKE TECHNICAL CORRECTIONS. HOUSE BILL NO. 264 BY EDUCATION COMMITTEE HOUSE BILL NO. 260 AN ACT BY EDUCATION COMMITTEE RELATING TO THE STATE BOARD OF EDUCATION; AN ACT AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE RELATING TO EDUCATION; AMENDING SECTION ADDITION OF A NEW SECTION 33-107D, IDAHO CODE, 33-1274, IDAHO CODE, TO REVISE PROVISIONS TO ESTABLISH PROVISIONS RELATING TO CERTAIN RELATING TO MEDIATION AND TO MAKE A TECHNICAL AUTHORITY AND RESPONSIBILITY OF THE STATE CORRECTION; AMENDING CHAPTER 12, TITLE 33, BOARD OF EDUCATION. [March 6, 2013 HOUSE JOURNAL 169

HOUSE BILL NO. 265 H 259, H 260, H 261, H 262, H 263, H 264, H 265, H 266, BY STATE AFFAIRS COMMITTEE and H 267 were introduced, read the first time by title, and AN ACT referred to the Judiciary, Rules, and Administration Committee RELATING TO PUBLIC WORK; AMENDING SECTION for printing. 54-1218, IDAHO CODE, TO PROVIDE AN EXEMPTION FOR CERTAIN PUBLIC WORKS IN OBTAINING REVIEW BY A S 1049, as amended in the House, by Resources and PROFESSIONAL ENGINEER. Environment Committee, was introduced, read the first time by title, and filed for second reading. HOUSE BILL NO. 266 S 1013, as amended in the House, by Health and Welfare BY STATE AFFAIRS COMMITTEE Committee, was introduced, read the first time by title, and filed AN ACT for second reading. RELATING TO THE PRACTICE OF VETERINARY MEDICINE; AMENDING SECTION 54-2103, IDAHO CODE, First Reading of Engrossed Bills TO REVISE THE DEFINITION OF THE "PRACTICE OF VETERINARY MEDICINE" AND TO MAKE TECHNICAL Mr. Palmer asked unanimous consent that Rule 70 (2), be CORRECTIONS. suspended for the balance of the remainder of session. There being no objection, it was so ordered. HOUSE BILL NO. 267 H 45, as amended, H 98, as amended, H 90, as amended, BY REVENUE AND TAXATION COMMITTEE H 91, as amended, H 113, as amended, H 30, as amended, H 193, AN ACT as amended, H 171, as amended, and H 120, as amended, by State RELATING TO TRANSPORTATION AND ECONOMIC Affairs Committee, were introduced, read the first time by title, DEVELOPMENT ZONES; AMENDING CHAPTER 36, TITLE and filed for second reading. 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3642, IDAHO CODE, TO PROVIDE DEFINITIONS; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY Second Reading of Bills and Joint Resolutions THE ADDITION OF A NEW SECTION 63-3643, IDAHO CODE, TO ESTABLISH PROVISIONS AUTHORIZING HCR 17, by Health and Welfare Committee, was read the THE IDAHO TRANSPORTATION DEPARTMENT AND second time by title and filed for third reading. THE IDAHO DEPARTMENT OF COMMERCE TO H 223 and H 208, by State Affairs Committee, were read the ENTER INTO AGREEMENTS FOR THE CREATION OF second time by title and filed for third reading. TRANSPORTATION AND ECONOMIC DEVELOPMENT ZONES, TO ESTABLISH PROVISIONS RELATING TO S 1043, S 1050, S 1081, and S 1083, by Transportation CERTAIN CRITERIA, TO ESTABLISH PROVISIONS Committee, were read the second time by title and filed for third RELATING TO THE CONSIDERATION OF CERTAIN reading. FACTORS, TO ESTABLISH PROVISIONS RELATING TO CERTAIN COSTS, TO ESTABLISH PROVISIONS RELATING S 1058, by State Affairs Committee, was read the second TO A SCHEDULE AND SUBMITTING SUCH SCHEDULE time by title and filed for third reading. TO A BOND ISSUER, TO ESTABLISH PROVISIONS RELATING TO FINANCING, TO ESTABLISH PROVISIONS RELATING TO THE SELECTION OF AN ECONOMIST AND Third Reading of Bills and Joint Resolutions THE WORK TO BE PERFORMED BY SUCH ECONOMIST, TO ESTABLISH PROVISIONS RELATING TO FINDINGS, Mr. Wood(27) asked unanimous consent that H 189 be TO ESTABLISH PROVISIONS RELATING TO A FILING returned to the Health and Welfare Committee. There being no WITH THE STATE TAX COMMISSION, TO ESTABLISH objection, it was so ordered. PROVISIONS RELATING TO CERTAIN ACCOUNTS AND TO PROVIDE FOR THE CONTINUOUS APPROPRIATION OF MONEYS, TO ESTABLISH PROVISIONS RELATING Mr. Moyle asked unanimous consent that H 219 be placed TO THE PAYMENT OF MONEYS, TO ESTABLISH at the bottom of the House bills on the Third Reading Calendar. PROVISIONS RELATING TO THE PAYMENT OF CERTAIN There being no objection, it was so ordered. COSTS, TO ESTABLISH PROVISIONS RELATING TO CERTAIN BONDS OR NOTES TO FUND AN APPROVED PROJECT, TO ESTABLISH PROVISIONS RELATING TO H 217 - MOTOR VEHICLES THE CONSTRUCTION OF AN APPROVED PROJECT AND TO PROVIDE THAT CERTAIN MONEYS SHALL REVERT H 217 was read the third time at length, section by section, TO THE GENERAL FUND; AMENDING SECTION 67-6210, and placed before the House for final consideration. IDAHO CODE, TO ESTABLISH PROVISIONS RELATING At this time, the Speaker recognized Ms. Sims and Mr. Hixon TO THE AUTHORITY OF THE IDAHO HOUSING AND to open debate. FINANCE ASSOCIATION TO ISSUE CERTAIN BONDS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 40-310, IDAHO CODE, TO PROVIDE Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of AUTHORITY FOR THE IDAHO TRANSPORTATION interest regarding H 217. BOARD TO TAKE CERTAIN ACTIONS RELATING TO THE ESTABLISHMENT OF A ZONE, TO ESTABLISH PROVISIONS RELATING TO THE APPROVAL OF A Pursuant to Rule 38(3), Mr. Hixon disclosed a conflict of PROJECT AND TO ESTABLISH PROVISIONS RELATING interest regarding H 217. TO THE ISSUANCE OF CERTAIN BONDS. The question being, "Shall H 217 pass?" 170 HOUSE JOURNAL March 6, 2013]

Roll call resulted as follows: Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Chew, Clow, Total – 65. Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, NAYS – None. Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Absent and excused – Crane, Horman, Patterson, Thompson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Wills. Total – 5. Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Total – 70. Moyle, Nielsen, Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Whereupon the Speaker declared that H 224 passed the Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), House. Title was approved and the bill ordered transmitted to Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 63. the Senate. NAYS – Burgoyne, Patterson. Total – 2. Absent and excused – Boyle, Crane, Horman, Thompson, H 225 - EDUCATION Wills. Total – 5. H 225 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 217 passed the At this time, the Speaker recognized Mrs. VanOrden to open House. Title was approved and the bill ordered transmitted to debate. the Senate. The question being, "Shall H 225 pass?" H 221 - EDUCATION Roll call resulted as follows: H 221 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mrs. VanOrden to open Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, debate. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, The question being, "Shall H 221 pass?" King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Roll call resulted as follows: Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Harris, Total – 65. Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, Malek, NAYS – McMillan, Moyle. Total – 2. McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Absent and excused – Horman, Thompson, Wills. Total – 3. Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Total – 70. Sims, Stevenson, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 48. Whereupon the Speaker declared that H 225 passed the NAYS – Andrus, Barrett, Burgoyne, Chew, Erpelding, House. Title was approved and the bill ordered transmitted to Gannon, Gibbs, Hancey, King, Kloc, Loertscher, Luker, Meline, the Senate. Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 19. H 226 - EDUCATION Absent and excused – Horman, Thompson, Wills. Total – 3. Total – 70. H 226 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that H 221 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Kloc to open debate. the Senate. The question being, "Shall H 226 pass?"

H 224 - EDUCATION Roll call resulted as follows: H 224 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, At this time, the Speaker recognized Mrs. Agidius to open Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, debate. Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, The question being, "Shall H 224 pass?" Monks, Morse, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Roll call resulted as follows: Trujillo, VanOrden, Ward-Engelking, Wood(27), Wood(35), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Woodings, Youngblood, Mr. Speaker. Total – 63. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – Crane, Moyle, Sims, Vander Woude. Total – 4. Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Absent and excused – Horman, Thompson, Wills. Total – 3. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Total – 70. Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Whereupon the Speaker declared that H 226 passed the Monks, Morse, Moyle, Nielsen, Packer, Palmer, Pence, Perry, House. Title was approved and the bill ordered transmitted to Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, the Senate. [March 6, 2013 HOUSE JOURNAL 171

H 229 - FIREARMS - EXPLOSIVES - OTHER DEADLY Whereupon the Speaker declared that S 1031 passed the WEAPONS House. Title was approved and the bill ordered returned to the Senate. H 229 was read the third time at length, section by section, and placed before the House for final consideration. S 1101 - APPROPRIATIONS - PARKS AND RECREATION At this time, the Speaker recognized Mr. Monks to open debate. S 1101 was read the third time at length, section by section, and placed before the House for final consideration. Pursuant to Rule 38(3), Mrs. Perry disclosed a conflict of interest regarding H 229. At this time, the Speaker recognized Mr. Eskridge to open debate. Mr. Moyle asked unanimous consent that the House recess until 1:30 p.m. The question being, "Shall S 1101 pass?"

Without objection, the Speaker declared the House at recess Roll call resulted as follows: until 1:30 p.m. AYES – Agidius, Anderson(01), Anderson(31), Anderst, RECESS Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Afternoon Session Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, The House reconvened at 1:30 p.m., the Speaker in the Chair. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Prior to recess, the House was at the Eleventh Order of Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Business. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, H 229, having previously been read the third time at length, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, was before the House for final consideration. Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. Mr. Loertscher asked unanimous consent that H 229 be NAYS – None. returned to the State Affairs Committee. There being no Absent and excused – DeMordaunt, Horman, Thompson, objection, it was so ordered. Wills. Total – 4. Total – 70. Mr. Rusche asked unanimous consent that Rule 70, with Whereupon the Speaker declared that S 1101 passed the the exception of smoking, be suspended for the balance of House. Title was approved and the bill ordered returned to the the remainder of session. There being no objection, it was so Senate. ordered.

Mr. Moyle asked unanimous consent that H 218 retain its S 1102 - APPROPRIATIONS - SELF-GOVERNING place on the Third Reading Calendar for one legislative day. AGENCIES, REGULATORY BOARDS There being no objection, it was so ordered. S 1102 was read the third time at length, section by section, and placed before the House for final consideration. S 1031 - CONSUMER TRANSACTIONS At this time, the Speaker recognized Mr. Youngblood to open S 1031 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall S 1102 pass?" At this time, the Speaker recognized Mr. Anderson(31) to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall S 1031 pass?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Roll call resulted as follows: Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Mr. Speaker. Total – 66. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, NAYS – None. Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Absent and excused – DeMordaunt, Horman, Thompson, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Wills. Total – 4. Mr. Speaker. Total – 66. Total – 70. NAYS – None. Absent and excused – DeMordaunt, Horman, Thompson, Whereupon the Speaker declared that S 1102 passed the Wills. Total – 4. House. Title was approved and the bill ordered returned to the Total – 70. Senate. 172 HOUSE JOURNAL March 6, 2013]

S 1103 - APPROPRIATIONS - STATE TAX COMMISSION At this time, the Speaker recognized Mr. Wood(27) to open debate. S 1103 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1001 pass?"

At this time, the Speaker recognized Mr. Bolz to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall S 1103 pass?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Roll call resulted as follows: Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, AYES – Anderson(01), Anderson(31), Anderst, Andrus, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Erpelding, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Eskridge, Gannon, Gestrin, Gibbs, Hartgen, Henderson, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Holtzclaw, Kauffman, King, Kloc, Luker, Malek, Meline, Miller, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Moyle, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Smith, Stevenson, VanOrden, Vander Woude, Ward-Engelking, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 43. Mr. Speaker. Total – 67. NAYS – Agidius, Barbieri, Barrett, Bateman, Batt, NAYS – None. Boyle, Dayley, DeMordaunt, Denney, Hancey, Harris, Hixon, Absent and excused – Horman, Thompson, Wills. Total – 3. Loertscher, McMillan, Mendive, Monks, Morse, Nielsen, Palmer, Total – 70. Patterson, Shepherd, Sims, Trujillo. Total – 23. Absent and excused – Horman, Thompson, Wills, Wood(35). Whereupon the Speaker declared that S 1001 passed the Total – 4. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that S 1103 passed the S 1003, as amended - FISH AND GAME House. Title was approved and the bill ordered returned to the Senate. S 1003, as amended, was read the third time at length, section by section, and placed before the House for final consideration. S 1104 - APPROPRIATIONS - FISH AND GAME DEPARTMENT At this time, the Speaker recognized Ms. Pence to open debate. S 1104 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1003, as amended, pass?"

At this time, the Speaker recognized Mr. Gibbs to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mrs. Batt asked unanimous consent that, pursuant to Rule Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, 38(3), she be excused from voting on S 1104 due to a conflict Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, of interest. There being no objection, it was so ordered. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, The question being, "Shall S 1104 pass?" Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Roll call resulted as follows: Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, DeMordaunt, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Mr. Speaker. Total – 67. Hartgen, Henderson, Holtzclaw, Kauffman, King, Kloc, Malek, NAYS – None. Meline, Miller, Morse, Moyle, Palmer, Patterson, Pence, Absent and excused – Horman, Thompson, Wills. Total – 3. Perry, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Total – 70. Trujillo, Vander Woude, Ward-Engelking, Wood(27), Woodings, Whereupon the Speaker declared that S 1003, as Youngblood, Mr. Speaker. Total – 46. amended, passed the House. Title was approved and the bill NAYS – Andrus, Barbieri, Barrett, Boyle, Dayley, Denney, ordered returned to the Senate. Gestrin, Harris, Hixon, Loertscher, Luker, McMillan, Mendive, Monks, Nielsen, Packer, Shepherd, Sims, VanOrden. Total – 19. S 1004 - FISH AND GAME Absent and excused – Horman, Thompson, Wills, Wood(35). Total – 4. S 1004 was read the third time at length, section by section, Excused from voting– Batt. Total – 1. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Gibbs to open Whereupon the Speaker declared that S 1104 passed the debate. House. Title was approved and the bill ordered returned to the Senate. The question being, "Shall S 1004 pass?"

S 1001 - FISH AND GAME Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, S 1001 was read the third time at length, section by section, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, [March 6, 2013 HOUSE JOURNAL 173

Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Horman, Thompson, Wills. Total – 3. Total – 70. Whereupon the Speaker declared that S 1004 passed the House. Title was approved and the bill ordered returned to the Senate.

S 1027 - EDUCATION S 1027 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Clow to open debate. The question being, "Shall S 1027 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Denney, Eskridge, Gannon, Gestrin, Gibbs, Harris, Henderson, Kauffman, King, Kloc, Malek, Mendive, Miller, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Stevenson, Trujillo, VanOrden, Vander Woude, Woodings, Youngblood, Mr. Speaker. Total – 43. NAYS – Barbieri, Barrett, Dayley, Erpelding, Hancey, Hartgen, Hixon, Holtzclaw, Loertscher, Luker, McMillan, Meline, Monks, Morse, Moyle, Nielsen, Packer, Ringo, Shepherd, Sims, Smith, Ward-Engelking, Wood(27), Wood(35). Total – 24. Absent and excused – Horman, Thompson, Wills. Total – 3. Total – 70. Whereupon the Speaker declared that S 1027 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, March 7, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:32 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 174 HOUSE JOURNAL March 7, 2013]

HOUSE JOURNAL H 259, H 260, H 261, H 262, H 263, H 264, H 265, H 266, and H 267. OF THE WILLS, Chairman IDAHO LEGISLATURE HCR 19 was referred to the Health and Welfare Committee. HCR 20, H 262, and H 263 were filed for second reading. FIRST REGULAR SESSION H 259, H 260, H 261, and H 264 were referred to the SIXTY-SECOND LEGISLATURE Education Committee. H 265 was referred to the State Affairs Committee. H 266 was referred to the Agricultural Affairs Committee. SIXTIETH LEGISLATIVE DAY H 267 was referred to the Revenue and Taxation Committee. THURSDAY, MARCH 7, 2013 March 7, 2013 Mr. Speaker: House of Representatives We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 10, H 153, The House convened at 11 a.m., the Speaker in the Chair. H 109, H 163, and H 203. Roll call showed all 70 members present. WILLS, Chairman Prayer was offered by Chaplain Tom Dougherty. The Speaker announced he was about to sign enrolled H 10, H 153, H 109, H 163, and H 203 and, when so signed, ordered The Pledge of Allegiance was led by Christina Nelson, Page. them transmitted to the Senate for the signature of the President. March 7, 2013 Approval of Journal Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 7, 2013 ADMINISTRATION, report that we have engrossed H 66, as Mr. Speaker: amended in the Senate. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Fifty-ninth Legislative Day and recommend H 66, as amended in the Senate, was filed for first reading of that same be adopted as corrected. engrossed bills. WILLS, Chairman March 7, 2013 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled H 122, H 123, H 48, H 49, H 166, H 174, H 180, H 82, H 42, Consideration of Messages from the H 47, H 50, and H 89 to the Governor at 11:15 a.m., as of this Governor and the Senate date, March 6, 2013. March 6, 2013 WILLS, Chairman Mr. Speaker: March 7, 2013 I return herewith enrolled H 9, H 11, H 28, H 7, H 8, and Mr. Speaker: H 86 which have been signed by the President. We, your COMMITTEE ON JUDICIARY, RULES, AND NOVAK, Secretary ADMINISTRATION, report that we have transmitted enrolled Enrolled H 9, H 11, H 28, H 7, H 8, and H 86 were HCR 3 to the Secretary of State at 11:12 a.m., as of this date, referred to the Judiciary, Rules, and Administration Committee March 6, 2013. for delivery to the Governor. WILLS, Chairman March 6, 2013 March 6, 2013 Mr. Speaker: Mr. Speaker: I transmit herewith S 1097, as amended, S 1064, and We, your COMMITTEE ON EDUCATION, report that we S 1117 which have passed the Senate. have had under consideration S 1057, as amended, S 1091, as NOVAK, Secretary amended, and S 1098 and recommend that they do pass. DEMORDAUNT, Chairman S 1097, as amended, S 1064, and S 1117 were filed for first reading. S 1057, as amended, S 1091, as amended, and S 1098 were filed for second reading.

Report of Standing Committees March 6, 2013 Mr. Speaker: March 7, 2013 We, your COMMITTEE ON TRANSPORTATION AND Mr. Speaker: DEFENSE, report that we have had under consideration S 1048, We, your COMMITTEE ON JUDICIARY, RULES, AND as amended, and recommend that it do pass. ADMINISTRATION, report that we have printed HCR 19, PALMER, Chairman [March 7, 2013 HOUSE JOURNAL 175

S 1048, as amended, was filed for second reading. HOUSE BILL NO. 270 BY APPROPRIATIONS COMMITTEE March 6, 2013 AN ACT Mr. Speaker: APPROPRIATING MONEYS TO THE DEPARTMENT We, your COMMITTEE ON LOCAL GOVERNMENT, OF WATER RESOURCES FOR FISCAL YEAR 2014; report that we have had under consideration H 138 and LIMITING THE NUMBER OF AUTHORIZED FULL-TIME recommend that it do pass. EQUIVALENT POSITIONS; APPROPRIATING AND BARRETT, Chairman TRANSFERRING MONEYS; PROVIDING LEGISLATIVE INTENT WITH REGARD TO CERTAIN WATER RIGHT H 138 was filed for second reading. FILING FEES; PROVIDING GUIDANCE FOR EMPLOYEE March 7, 2013 COMPENSATION; AND EXEMPTING APPROPRIATION Mr. Speaker: OBJECT AND PROGRAM TRANSFER LIMITATIONS. We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration H 243 and recommend that it do pass. HOUSE BILL NO. 271 COLLINS, Chairman BY REVENUE AND TAXATION COMMITTEE AN ACT H 243 was filed for second reading. RELATING TO WATER QUALITY; AMENDING SECTION 39-3602, IDAHO CODE, TO DEFINE TERMS; March 7, 2013 AMENDING SECTION 39-3604, IDAHO CODE, TO Mr. Speaker: CLARIFY THE DIRECTOR'S CONSIDERATIONS IN We, your COMMITTEE ON STATE AFFAIRS, report DESIGNATING BENEFICIAL USES AND TO PROVIDE that we have had under consideration H 202 and H 222 and THAT THE DIRECTOR CONSULT WITH BASIN ADVISORY recommend that they do pass. GROUPS AND WATERSHED ADVISORY GROUPS; LOERTSCHER, Chairman AMENDING SECTION 39-3605, IDAHO CODE, TO CLARIFY THE REQUIREMENT THAT THE DIRECTOR H 202 and H 222 were filed for second reading. CONSULT WITH BASIN ADVISORY GROUPS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING There being no objection, the House advanced to the Eighth SECTION 39-3606, IDAHO CODE, TO CLARIFY THE Order of Business. DIRECTOR'S CONSIDERATIONS WHEN DETERMINING SUPPORT OF BENEFICIAL USES, TO PROVIDE THAT THE DIRECTOR CONSULT WITH BASIN ADVISORY Introduction, First Reading, and Reference GROUPS AND WATERSHED ADVISORY GROUPS AND of Bills and Joint Resolutions TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-3607, IDAHO CODE, TO PROVIDE THAT HOUSE BILL NO. 268 THE DIRECTOR CONSULT WITH BASIN ADVISORY BY HEALTH AND WELFARE COMMITTEE GROUPS AND WATERSHED ADVISORY GROUPS AND TO AN ACT MAKE A TECHNICAL CORRECTION; AND AMENDING RELATING TO MINORS; AMENDING CHAPTER 15, SECTION 39-3609, IDAHO CODE, TO PROVIDE THAT THE TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW DIRECTOR CONSULT WITH BASIN ADVISORY GROUPS SECTION 18-1524, IDAHO CODE, TO DEFINE TERMS, AND WATERSHED ADVISORY GROUPS AND TO MAKE TO PROVIDE FOR EXCEPTIONS, TO PROHIBIT OR A TECHNICAL CORRECTION. LIMIT THE USE OF TANNING DEVICES BY MINORS, TO PROVIDE FOR EXCEPTIONS, TO PROHIBIT A TANNING FACILITY FROM CLAIMING THAT USE OF TANNING HOUSE BILL NO. 272 DEVICES IS FREE FROM RISK, TO PROVIDE FOR BY REVENUE AND TAXATION COMMITTEE PENALTIES, TO PROVIDE THAT PENALTIES ASSESSED AN ACT SHALL BE DEPOSITED IN THE IDAHO MILLENNIUM RELATING TO THE TAXATION OF PERSONAL INCOME FUND AND TO PROVIDE A SCOPE FOR LOCAL PROPERTY; AMENDING SECTION 63-602KK, IDAHO GOVERNMENTS. CODE, TO ESTABLISH AND REVISE PROVISIONS RELATING TO CERTAIN PERSONAL PROPERTY BEING HOUSE BILL NO. 269 EXEMPT FROM TAXATION, TO REMOVE THE TRIGGER, BY APPROPRIATIONS COMMITTEE TO PROVIDE ADDITIONAL PROCEDURES AND TO MAKE AN ACT TECHNICAL CORRECTIONS; AMENDING SECTION APPROPRIATING ADDITIONAL MONEYS TO THE 63-803, IDAHO CODE, TO PROVIDE A CORRECT DEPARTMENT OF LANDS FOR FISCAL YEAR 2013; CODE CITATION AND TO MAKE A TECHNICAL REDUCING THE APPROPRIATION TO THE DEPARTMENT CORRECTION; AMENDING SECTION 63-803, IDAHO OF LANDS FOR FISCAL YEAR 2013; APPROPRIATING CODE, AS ADDED BY SECTION 13, CHAPTER 339, MONEYS TO THE DEPARTMENT OF LANDS FOR LAWS OF 2012, TO PROVIDE A CORRECT CODE FISCAL YEAR 2014; LIMITING THE NUMBER OF CITATION AND TO MAKE A TECHNICAL CORRECTION; AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AMENDING SECTION 63-3638, IDAHO CODE, TO EXEMPTING CERTAIN APPROPRIATION OBJECT PROVIDE A CORRECT CODE REFERENCE AND TO TRANSFER LIMITATIONS; PROVIDING GUIDANCE FOR MAKE TECHNICAL CORRECTIONS; DECLARING AN EMPLOYEE COMPENSATION; PROVIDING LEGISLATIVE EMERGENCY, PROVIDING RETROACTIVE APPLICATION INTENT WITH REGARD TO FUNDING RANGELAND FIRE AND PROVIDING EFFECTIVE DATES. PROTECTION; AND DECLARING AN EMERGENCY. 176 HOUSE JOURNAL March 7, 2013]

H 268, H 269, H 270, H 271, and H 272 were introduced, H 113, as amended, by Agricultural Affairs Committee, was read the first time by title, and referred to the Judiciary, Rules, read the second time by title and filed for third reading. and Administration Committee for printing. H 171, as amended, by Transportation and Defense S 1097, as amended, by Education Committee, was Committee, was read the second time by title and filed for third introduced, read the first time by title, and referred to the reading. Education Committee. Third Reading of Bills and Joint Resolutions S 1064, by Transportation Committee, was introduced, read the first time by title, and referred to the Transportation and H 218 - SCHOOL BONDS Defense Committee. S 1117, by State Affairs Committee, was introduced, read the H 218 was read the third time at length, section by section, first time by title, and referred to the Transportation and Defense and placed before the House for final consideration. Committee. At this time, the Speaker recognized Mrs. Horman to open First Reading of Engrossed Bills debate. H 66, as amended in the Senate, by Transportation and The question being, "Shall H 218 pass?" Defense Committee, was introduced, read the first time by title, and filed for second reading. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Bateman, Second Reading of Bills and Joint Resolutions Bell, Bolz, Boyle, Burgoyne, Chew, Clow, DeMordaunt, Mr. Anderson(1) asked unanimous consent that H 143 be Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Harris, Hartgen, placed on General Orders for consideration. There being no Henderson, Horman, Kauffman, King, Kloc, Malek, Meline, objection it was so ordered. Mendive, Miller, Monks, Nielsen, Packer, Palmer, Pence, Perry, Ringo, Rusche, Smith, Thompson, VanOrden, Ward-Engelking, Mr. Luker asked unanimous consent that S 1033, as Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 43. amended, be returned to the Judiciary, Rules, and Administration NAYS – Anderst, Andrus, Barbieri, Barrett, Batt, Collins, Committee. There being no objection, it was so ordered. Crane, Dayley, Denney, Hancey, Hixon, Holtzclaw, Loertscher, Luker, McMillan, Moyle, Patterson, Raybould, Romrell, H 251, H 252, H 253, H 254, and H 255, by Appropriations Shepherd, Sims, Stevenson, Trujillo, Vander Woude, Wood(35). Committee, were read the second time by title and filed for third Total – 25. reading. Absent and excused – Morse, Wills. Total – 2. S 1014 and S 1013, as amended in the House, by Health and Total – 70. Welfare Committee, were read the second time by title and filed for third reading. Whereupon the Speaker declared that H 218 passed the House. Title was approved and the bill ordered transmitted to S 1089, by Education Committee, was read the second time the Senate. by title and filed for third reading. H 223 - CONCEALED WEAPONS H 242 and H 244, by Revenue and Taxation Committee, were read the second time by title and filed for third reading. H 223 was read the third time at length, section by section, S 1032, by Judiciary and Rules Committee, was read the and placed before the House for final consideration. second time by title and filed for third reading. At this time, the Speaker recognized Mr. Nielsen to open H 232, H 176, H 193, as amended, and H 120, as amended, debate. by State Affairs Committee, were read the second time by title and filed for third reading. The question being, "Shall H 223 pass?" HCR 14 and H 98, as amended, by Health and Welfare Roll call resulted as follows: Committee, were read the second time by title and filed for third AYES – Agidius, Anderson(01), Anderson(31), Anderst, reading. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, SCR 106, SCR 108, SCR 110, and S 1049, as amended in Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, the House, by Resources and Environment Committee, were read Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, the second time by title and filed for third reading. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, S 1025, by State Affairs Committee, was read the second Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, time by title and filed for third reading. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, H 45, as amended, by Business Committee, was read the Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), second time by title and filed for third reading. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. H 90, as amended, and H 30, as amended, by Judiciary, Absent and excused – Wills. Total – 1. Rules, and Administration Committee, were read the second Total – 70. time by title and filed for third reading. H 91, as amended, by Commerce and Human Resources Whereupon the Speaker declared that H 223 passed the Committee, was read the second time by title and filed for third House. Title was approved and the bill ordered transmitted to reading. the Senate. [March 7, 2013 HOUSE JOURNAL 177

Mr. Moyle asked unanimous consent that H 208 and DeMordaunt, Erpelding, Eskridge, Gannon, Gibbs, Hancey, H 219 retain their places on the Third Reading Calendar for one Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, legislative day. There being no objection, it was so ordered. King, Kloc, Luker, Malek, Meline, Miller, Moyle, Nielsen, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, HCR 17 - HEALTH AND WELFARE DEPARTMENT - Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, RULE REJECTED Vander Woude, Ward-Engelking, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 52. HCR 17 was read the third time at length and placed before NAYS – Barbieri, Barrett, Bateman, Boyle, Dayley, Denney, the House for final consideration. Gestrin, Harris, Loertscher, McMillan, Mendive, Monks, Morse, At this time, the Speaker recognized Mrs. Perry to open Palmer, Patterson, Sims, Wood(35). Total – 17. debate. Absent and excused – Wills. Total – 1. Total – 70. The question being, "Shall HCR 17 be adopted?" Whereupon the Speaker declared that H 251 passed the Whereupon the Speaker declared HCR 17 adopted by voice House. Title was approved and the bill ordered transmitted to vote and ordered the resolution transmitted to the Senate. the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one H 253 - APPROPRIATIONS - PUBLIC UTILITIES legislative day. There being no objection, it was so ordered. COMMISSION There being no objection, the House returned to the Seventh Mr. Moyle moved that all rules of the House interfering with Order of Business. the immediate consideration of H 253 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Motions, Memorials, and Resolutions of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 253 be H 251 - APPROPRIATIONS - INDUSTRIAL read the first time by title, second time by title, and third time at COMMISSION length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of H 251 be suspended; that the The question being, "Shall the rules be suspended?" portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Roll call resulted as follows: dispensed with, this being a case of urgency; and that H 251 be AYES – Agidius, Anderson(01), Anderson(31), Anderst, read the first time by title, second time by title, and third time at Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, length, section by section, and placed before the House for final Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, consideration. Seconded by Mr. Rusche. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, The question being, "Shall the rules be suspended?" Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Roll call resulted as follows: Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, NAYS – None. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Absent and excused – Wills. Total – 1. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Total – 70. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Whereupon the Speaker declared that more than two-thirds Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), of the membership having voted in the affirmative, the motion Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. carried, the rules were suspended, and H 253 was read the first NAYS – None. time by title, second time by title, and third time at length, section Absent and excused – Wills. Total – 1. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Eskridge to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 251 was read the first The question being, "Shall H 253 pass?" time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Gibbs to open Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, debate. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, The question being, "Shall H 251 pass?" Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Roll call resulted as follows: Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Andrus, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, 178 HOUSE JOURNAL March 7, 2013]

Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Miller, Morse, Moyle, Packer, Palmer, Patterson, Pence, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 63. Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, NAYS – Barbieri, Barrett, McMillan, Nielsen, Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wood(35). Total – 6. Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Absent and excused – Wills. Total – 1. Mr. Speaker. Total – 58. Total – 70. NAYS – Barbieri, Bateman, Harris, McMillan, Monks, Nielsen, Sims. Total – 7. Whereupon the Speaker declared that H 253 passed the Absent and excused – Barrett, Boyle, DeMordaunt, Gestrin, House. Title was approved and the bill ordered transmitted to Wood(35). Total – 5. the Senate. Total – 70. Mr. Moyle asked unanimous consent that the House recess until 1:30 p.m. Whereupon the Speaker declared that H 255 passed the Without objection, the Speaker declared the House at recess House. Title was approved and the bill ordered transmitted to until 1:30 p.m. the Senate. RECESS Afternoon Session H 232 - INSURANCE CONTRACTS The House reconvened at 1:30 p.m., the Speaker in the Chair. Mr. Moyle moved that all rules of the House interfering with Prior to recess, the House was at the Seventh Order of the immediate consideration of H 232 be suspended; that the Business. portions of Section 15, Article 3 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 urgency; and that H 232 be H 255 - APPROPRIATIONS - LABOR DEPARTMENT read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 255 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 255 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Agidius, Anderson(01), Anderson(31), Anderst, length, section by section, and placed before the House for final Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, consideration. Seconded by Mr. Rusche. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall the rules be suspended?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, NAYS – None. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Absent and excused – Wills. Total – 1. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Total – 70. Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Whereupon the Speaker declared that more than two-thirds Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and H 232 was read the first Absent and excused – Wills. Total – 1. time by title, second time by title, and third time at length, section Total – 70. by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion At this time, the Speaker recognized Mr. Hixon to open carried, the rules were suspended, and H 255 was read the first debate. time by title, second time by title, and third time at length, section The question being, "Shall H 232 pass?" by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bolz to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 255 pass?" Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Roll call resulted as follows: Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Andrus, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Dayley, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, [March 7, 2013 HOUSE JOURNAL 179

Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, H 244 - FIRE PROTECTION DISTRICTS Youngblood, Mr. Speaker. Total – 67. NAYS – None. Mr. Moyle moved that all rules of the House interfering with Absent and excused – Barrett, Boyle, Gestrin. Total – 3. the immediate consideration of H 244 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared that H 232 passed the dispensed with, this being a case of urgency; and that H 244 be House. Title was approved and the bill ordered transmitted to read the first time by title, second time by title, and third time at the Senate. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" HCR 14 - FISH AND GAME - RULE REJECTED Roll call resulted as follows: Mr. Moyle moved that all rules of the House interfering with AYES – Agidius, Anderson(01), Anderson(31), Anderst, the immediate consideration of HCR 14 be suspended; that the Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, portions of Section 15, Article 3 of the Constitution of the State Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, of Idaho, requiring all bills to be read on three several days be Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, dispensed with, this being a case of urgency; and that HCR 14 be Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, read the first time by title, second time by title, and third time Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, at length, and placed before the House for final consideration. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Seconded by Mr. Rusche. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, The question being, "Shall the rules be suspended?" Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Roll call resulted as follows: NAYS – None. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Absent and excused – Wills. Total – 1. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Whereupon the Speaker declared that more than two-thirds Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, of the membership having voted in the affirmative, the motion Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, carried, the rules were suspended, and H 244 was read the first Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, time by title, second time by title, and third time at length, section Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, by section, and placed before the House for final consideration. Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), At this time, the Speaker recognized Mr. Moyle to open Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. debate. NAYS – None. Absent and excused – Wills. Total – 1. The question being, "Shall H 244 pass?" Total – 70. Roll call resulted as follows: Whereupon the Speaker declared that more than two-thirds AYES – Agidius, Anderson(01), Anderson(31), Anderst, of the membership having voted in the affirmative, the motion Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, carried, the rules were suspended, and HCR 14 was read the first Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, time by title, second time by title, and third time at length, and Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, placed before the House for final consideration. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, At this time, the Speaker recognized Mr. Miller to open Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, debate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, The question being, "Shall HCR 14 be adopted?" VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Whereupon the Speaker declared that H 244 passed the Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, House. Title was approved and the bill ordered transmitted to Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, the Senate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, H 45, as amended, - ENGINEERS AND SURVEYORS Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Mr. Moyle moved that all rules of the House interfering with Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, the immediate consideration of H 45, as amended, be suspended; VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), that the portions of Section 15, Article 3 of the Constitution of the Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. State of Idaho, requiring all bills to be read on three several days NAYS – None. be dispensed with, this being a case of urgency; and that H 45, as amended, be read the first time by title, second time by title, Whereupon the Speaker declared HCR 14 adopted and and third time at length, section by section, and placed before the ordered the resolution transmitted to the Senate. House for final consideration. Seconded by Mr. Rusche. 180 HOUSE JOURNAL March 7, 2013]

The question being, "Shall the rules be suspended?" Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Roll call resulted as follows: Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – None. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – Wills. Total – 1. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Total – 70. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Whereupon the Speaker declared that more than two-thirds Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, of the membership having voted in the affirmative, the motion Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, carried, the rules were suspended, and H 98, as amended, was Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), read the first time by title, second time by title, and third time at Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. length, section by section, and placed before the House for final NAYS – None. consideration. Absent and excused – Wills. Total – 1. At this time, the Speaker recognized Mr. Rusche to open Total – 70. debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 98, as amended, pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 45, as amended, was Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Agidius, Anderson(01), Anderson(31), Anderst, length, section by section, and placed before the House for final Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Mr. Clow to open Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, debate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, The question being, "Shall H 45, as amended, pass?" Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Roll call resulted as follows: Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – None. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared that H 98, as Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, amended, passed the House. Title was approved and the bill Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, ordered transmitted to the Senate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), H 91, as amended, - EMPLOYMENT SECURITY LAW Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Mr. Moyle moved that all rules of the House interfering with NAYS – None. the immediate consideration of H 91, as amended, be suspended; Whereupon the Speaker declared that H 45, as that the portions of Section 15, Article 3 of the Constitution of the amended, passed the House. Title was approved and the bill State of Idaho, requiring all bills to be read on three several days ordered transmitted to the Senate. be dispensed with, this being a case of urgency; and that H 91, as amended, be read the first time by title, second time by title, H 98, as amended, - MEDICAL INDIGENCY and third time at length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 98, as amended, be suspended; The question being, "Shall the rules be suspended?" that 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 Roll call resulted as follows: be dispensed with, this being a case of urgency; and that H 98, AYES – Agidius, Anderson(01), Anderson(31), Anderst, as amended, be read the first time by title, second time by title, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, and third time at length, section by section, and placed before the Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, House for final consideration. Seconded by Mr. Rusche. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall the rules be suspended?" Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Roll call resulted as follows: Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – None. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Absent and excused – Wills. Total – 1. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Total – 70. [March 7, 2013 HOUSE JOURNAL 181

Whereupon the Speaker declared that more than two-thirds Roll call resulted as follows: of the membership having voted in the affirmative, the motion AYES – Agidius, Anderson(01), Anderson(31), Anderst, carried, the rules were suspended, and H 91, as amended, was Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, read the first time by title, second time by title, and third time at Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, length, section by section, and placed before the House for final Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, consideration. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, At this time, the Speaker recognized Mr. Harris to open Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, debate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall H 91, as amended, pass?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Burgoyne. Total – 1. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Whereupon the Speaker declared that H 113, as Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, amended, passed the House. Title was approved and the bill Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, ordered transmitted to the Senate. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 30, as amended, - OATHS AND AFFIRMATIONS Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Mr. Moyle moved that all rules of the House interfering with VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), the immediate consideration of H 30, as amended, be suspended; Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. that the portions of Section 15, Article 3 of the Constitution of the NAYS – None. State of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 30, Whereupon the Speaker declared that H 91, as as amended, be read the first time by title, second time by title, amended, passed the House. Title was approved and the bill and third time at length, section by section, and placed before the ordered transmitted to the Senate. House for final consideration. Seconded by Mr. Rusche. H 113, as amended, - AGRITOURISM PROMOTION ACT The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with Roll call resulted as follows: the immediate consideration of H 113, as amended, be suspended; AYES – Agidius, Anderson(01), Anderson(31), Anderst, that the portions of Section 15, Article 3 of the Constitution of the Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, State of Idaho, requiring all bills to be read on three several days Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, be dispensed with, this being a case of urgency; and that H 113, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, as amended, be read the first time by title, second time by title, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, and third time at length, section by section, and placed before the Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, House for final consideration. Seconded by Mr. Rusche. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, The question being, "Shall the rules be suspended?" Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Roll call resulted as follows: Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – None. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Absent and excused – Wills. Total – 1. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Total – 70. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Whereupon the Speaker declared that more than two-thirds Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, of the membership having voted in the affirmative, the motion Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, carried, the rules were suspended, and H 30, as amended, was Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, read the first time by title, second time by title, and third time at Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), length, section by section, and placed before the House for final Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. consideration. NAYS – None. At this time, the Speaker recognized Mr. Burgoyne to open Absent and excused – Wills. Total – 1. debate. Total – 70. The question being, "Shall H 30, as amended, pass?" Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Roll call resulted as follows: carried, the rules were suspended, and H 113, as amended, was AYES – Agidius, Anderson(01), Anderson(31), Anderst, read the first time by title, second time by title, and third time at Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, length, section by section, and placed before the House for final Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, At this time, the Speaker recognized Mr. Bolz to open debate. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, The question being, "Shall H 113, as amended, pass?" Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, 182 HOUSE JOURNAL March 7, 2013]

Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Whereupon the Speaker declared that H 30, as amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 8 a.m., Friday, March 8, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:09 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 8, 2013 HOUSE JOURNAL 183

HOUSE JOURNAL March 7, 2013 Mr. Speaker: OF THE I return herewith enrolled H 137, H 93, H 128, H 129, and H 132 which have been signed by the President. IDAHO LEGISLATURE NOVAK, Secretary Enrolled H 137, H 93, H 128, H 129, and H 132 were FIRST REGULAR SESSION referred to the Judiciary, Rules, and Administration Committee SIXTY-SECOND LEGISLATURE for delivery to the Governor. March 7, 2013 Mr. Speaker: I return herewith enrolled HCR 5 which has been signed by SIXTY-FIRST LEGISLATIVE DAY the President. FRIDAY, MARCH 8, 2013 NOVAK, Secretary Enrolled HCR 5 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. House of Representatives March 7, 2013 The House convened at 8 a.m., the Speaker in the Chair. Mr. Speaker: Roll call showed 68 members present. I return herewith HCR 7 which has passed the Senate. Absent and excused – McMillan, Sims. Total – 2. NOVAK, Secretary Total – 70. HCR 7 was referred to the Judiciary, Rules, and Prayer was offered by Chaplain Tom Dougherty. Administration Committee for enrolling. The Pledge of Allegiance was led by Joseph Andrus, Page. Report of Standing Committees Approval of Journal March 8, 2013 Mr. Speaker: March 8, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have printed H 268, H 269, We, your COMMITTEE ON JUDICIARY, RULES, AND H 270, H 271, and H 272. ADMINISTRATION, report that we have read and approved the WILLS, Chairman House Journal of the Sixtieth Legislative Day and recommend that same be adopted as corrected. H 268 was referred to the Health and Welfare Committee. WILLS, Chairman H 269 and H 270 were filed for second reading. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. H 271 was referred to the Environment, Energy, and Technology Committee. Consideration of Messages from the Governor and the Senate H 272 was referred to the Revenue and Taxation Committee. March 8, 2013 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON JUDICIARY, RULES, AND March 7, 2013 ADMINISTRATION, report that we have transmitted enrolled H 9, H 11, H 28, H 7, H 8, and H 86 to the Governor at The Honorable Scott Bedke 11:27 a.m., as of this date, March 7, 2013. Speaker of the House WILLS, Chairman

Dear Mr. Speaker: March 7, 2013 I have the honor to advise you that I have signed today and Mr. Speaker: am transmitting to the Secretary of State the following House bill, We, your COMMITTEE ON HEALTH AND WELFARE, to wit: report that we have had under consideration H 248 and H 29 recommend that it do pass. WOOD(27), Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter H 248 was filed for second reading. Governor March 7, 2013 March 7, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, I transmit herewith enrolled SCR 104 for the signature of the AND ADMINISTRATION, report that we have had under Speaker. consideration S 1034 and S 1035 and recommend that they do NOVAK, Secretary pass. WILLS, Chairman The Speaker announced he was about to sign enrolled SCR 104 and, when so signed, ordered it returned to the Senate. S 1034 and S 1035 were filed for second reading. 184 HOUSE JOURNAL March 8, 2013]

March 7, 2013 HOUSE CONCURRENT RESOLUTION NO. 22 Mr. Speaker: BY STATE AFFAIRS COMMITTEE We, your COMMITTEE ON RESOURCES AND A CONCURRENT RESOLUTION CONSERVATION, report that we have had under consideration STATING LEGISLATIVE FINDINGS AND DEMANDING H 38 and recommend that it do pass. THAT THE FEDERAL GOVERNMENT EXTINGUISH TITLE DENNEY, Chairman TO IDAHO'S PUBLIC LANDS AND TRANSFER TITLE TO THOSE LANDS TO THE STATE OF IDAHO.

H 38 was filed for second reading. Be It Resolved by the Legislature of the State of Idaho:

WHEREAS, in 1780, the United States Congress resolved There being no objection, the House advanced to the Seventh that "the unappropriated lands that may be ceded or relinquished Order of Business. to the United States, by any particular states, pursuant to the recommendation of Congress of the 6 day of September last, shall be granted and disposed of for the common benefit of all Motions, Memorials, and Resolutions the United States that shall be members of the federal union, and be settled and formed into distinct republican states, which shall become members of the federal union, and have the same HOUSE CONCURRENT RESOLUTION NO. 21 rights of sovereignty, freedom and independence, as the other BY STATE AFFAIRS COMMITTEE states: and that upon such cession being made by any State and A CONCURRENT RESOLUTION approved and accepted by Congress, the United States shall STATING FINDINGS OF THE LEGISLATURE AND guaranty the remaining territory of the said States respectively. AUTHORIZING THE LEGISLATIVE COUNCIL TO (Resolution of Congress, October 10, 1780)"; and APPOINT A COMMITTEE TO UNDERTAKE AND WHEREAS, the territorial and public lands of the United COMPLETE A STUDY OF THE PROCESS OF THE STATE States are dealt with in Clause 2, Section 3, Article IV, of the ACQUIRING TITLE TO AND CONTROL OF PUBLIC United States Constitution, referred to as the Property Clause, LANDS CONTROLLED BY THE FEDERAL GOVERNMENT which states, "The Congress shall have Power to dispose of and IN THE STATE OF IDAHO. make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States."; and Be It Resolved by the Legislature of the State of Idaho: WHEREAS, with this clause, the Constitutional Convention WHEREAS, accurate information is needed before the Idaho agreed that the Constitution would maintain the "status quo" that Legislature can properly address the issue of the management had been established with respect to the federal territorial lands and control of public lands now controlled by the federal being disposed of only to create new states with the same rights government in the State of Idaho should title to those public of sovereignty, freedom and independence as the original states; lands be transferred to the State of Idaho; and and WHEREAS, a process for the State of Idaho to receive title WHEREAS, under these express terms of trust, the land to public lands from the United States and a process of how the claiming states, over time, ceded their western land to their state may transfer title to any public lands that it receives needs confederated union and retained their claims that the confederated to be developed; and government dispose of such lands only to create new states WHEREAS, management priorities on public lands need to "and for no other use or purpose whatsoever" and apply the be developed for both the State of Idaho and local entities; and net proceeds of any sales of such lands only for the purpose of WHEREAS, legislation may need to be drafted to paying down the public debt; and accomplish the above purposes. WHEREAS, with respect to the disposition of the federal NOW, THEREFORE, BE IT RESOLVED by the members of territorial lands, the Northwest Ordinance of July 13, 1787, the First Regular Session of the Sixty-second Idaho Legislature, provides, "The legislatures of those districts or new States, shall the House of Representatives and the Senate concurring therein, never interfere with the primary disposal of the soil by the that the Legislative Council is authorized to appoint a committee United States in Congress assembled, nor with any regulations to undertake and complete a study of the process for the State of Congress may find necessary for securing the title in such soil Idaho to acquire title to and control of public lands controlled by to the bona fide purchasers"; and the federal government. The Legislative Council shall determine WHEREAS, by resolution in 1790, the United States the number of legislators and membership from each house Congress declared "That the proceeds of sales which shall be appointed to the committee and shall authorize the committee to made of lands in the Western territory, now belonging or that receive input, advice and assistance from interested and affected may hereafter belong to the United States, shall be, and are parties who are not members of the Legislature. hereby appropriated towards sinking or discharging the debts for BE IT FURTHER RESOLVED that the committee shall the payment whereof the United States now are, or by virtue of issue a progress report to the Second Regular Session of the this act may be holden, and shall be applied solely to that use, Sixty-second Idaho Legislature and the committee shall report until the said debt shall be fully satisfied"; and its findings, recommendations and proposed legislation, if any, WHEREAS, the intent of the founding fathers to eventually to the First Regular Session of the Sixty-third Idaho Legislature. extinguish title to all public lands was reaffirmed by President BE IT FURTHER RESOLVED that nonlegislative members Andrew Jackson in a message to the United States Senate on of the committee may be appointed by the cochairs of the December 4, 1833, where he explained the reasons he vetoed committee who are appointed by the Legislative Council. a bill entitled "An act to appropriate for a limited time the Nonlegislative members of the advisory committee shall not proceeds of the sales of the public lands of the United States be reimbursed from legislative funds for per diem, mileage or and for granting lands to certain States": "I do not doubt that other expenses and shall not have voting privileges regarding the it is the real interest of each and all the States in the Union, committee's recommendations or proposed legislation. and particularly of the new States, that the price of these lands [March 8, 2013 HOUSE JOURNAL 185 shall be reduced and graduated, and that after they have been all new states that the federal government would extinguish title offered for a certain number of years the refuse remaining unsold to all public lands lying within their respective borders; and shall be abandoned to the States and the machinery of our land WHEREAS, the United States Supreme Court looks upon the system entirely withdrawn. It can not be supposed the compacts enabling acts which create new states as "solemn compacts" and intended that the United States should retain forever a title to "bilateral (two-way) agreements" to be performed "in a timely lands within the States which are of no value, and no doubt is fashion"; and entertained that the general interest would be best promoted by WHEREAS, Section 19, Article XXI, of the Constitution surrendering such lands to the States"; and of the State of Idaho provides "... And the people of the State WHEREAS, in 1828, United States Supreme Court Chief of Idaho do agree and declare that we forever disclaim all right Justice John Marshall, in American Ins. Co. v. 356 Bales of and title to the unappropriated public lands lying within the Cotton, 26 U.S. 511 (1828), confirmed that no provision in the boundaries thereof, and to all lands lying within said limits Constitution authorized the federal government to indefinitely owned or held by any Indians or Indian tribes; and until the title exercise control over western public lands beyond the duty thereto shall have been extinguished by the United States, the to manage these lands pending the disposal of the lands to same shall be subject to the disposition of the United States"; and create new states when he said, "At the time the Constitution WHEREAS, the trust obligation of the federal government was formed, the limits of the territory over which it was to to timely extinguish title of all public lands lying within the operate were generally defined and recognised [sic]. These limits boundaries of the State of Idaho is made even more clear in consisted in part, of organized states, and in part of territories, Section 7 of Idaho's Admissions Act, "Five percent of the the absolute property and dependencies of the United States. proceeds of the sales of public lands lying within said state which These states, this territory, and future states to be admitted into shall be sold by the United States subsequent to the admission the Union, are the sole objects of the Constitution; there is no of said state into the union after deducting all the expenses express provision whatever made in the Constitution for the incident to the same shall be paid to the said state, to be used as acquisition or government of territories beyond those Limits."; a permanent fund, the interest of which only shall be expended and for the support of the common schools within said state"; and WHEREAS, in 1833, referring to these land cession WHEREAS, the federal government confirmed its trust compacts which arose from the original 1780 congressional obligation to timely extinguish title to all public lands lying resolution, President Andrew Jackson stated, "These solemn within the boundaries of the State of Idaho by and through compacts, invited by Congress in a resolution declaring the the 1934 Taylor Grazing Act, which declared that the act was purposes to which the proceeds of these lands should be applied, established "In order to promote the highest use of the public originating before the constitution, and forming the basis on lands pending its final disposal"; and which it was made, bound the United States to a particular course WHEREAS, in 1976, after nearly 200 years of trust history of policy in relation to them by ties as strong as can be invented regarding the obligation of Congress to extinguish title of western to secure the faith of nations" (Land bill veto, December 5, lands to create new states and use the proceeds to discharge its 1833); and public debts, the United States Congress purported to unilaterally WHEREAS, the United States Supreme Court, in State of change this solemn promise by and through the Federal Land Texas v. White, 74 U.S. 700 (1868), clarified that a state, by Policy Management Act (FLPMA), which provides, in part, definition, includes a defined sovereign territory, stating that "The Congress declares that it is the policy of the United States "State," in the constitutional context, is "a political community that the public lands be retained in Federal ownership, unless it of free citizens, occupying a territory of defined boundaries, is determined that disposal of a particular parcel will serve the and organized under a government sanctioned and limited by federal interest"; and a written constitution, and established by the consent of the WHEREAS, at the time of the Idaho Admissions Act, the governed," and added, "This is undoubtedly the fundamental course and practice of the United States Congress with all prior idea upon which the republican institutions of our own country states admitted to the union had been to fully extinguish title, are established"; and within a reasonable time, to all lands within the boundaries of WHEREAS, in Shively v. Bowlby, 152 U.S. 1 (1894), such states, except for those Indian lands, or lands otherwise the United States Supreme Court confirmed that all federal expressly reserved to the exclusive jurisdiction of the United territories, regardless of how acquired, are held in trust to create States; and new states on an equal footing with the original states when it WHEREAS, the State of Idaho did not, and could not stated, "Upon the acquisition of a Territory by the United States, have, contemplated or bargained for the United States failing whether by cession from one of the States, or by treaty with a or refusing to abide by its solemn promise to extinguish title foreign country, or by discovery and settlement, the same title to all lands within its defined boundaries within a reasonable and dominion passed to the United States, for the benefit of the time such that the State of Idaho and its permanent fund for its whole people, and in trust for the several States to be ultimately common schools could never realize the bargained-for benefit created out of the Territory."; and of the deployment, taxation or economic benefit of all the lands WHEREAS, the United States Supreme Court has affirmed within its defined boundaries; and that the federal government must honor its trust obligation to WHEREAS, from 1780 forward, the federal government extinguish title to the public lands for the sovereignty of the new only held bare legal title to the western public lands in the state to be complete, stating once, "the United States shall have nature of a trustee in trust with the solemn obligation to timely fully executed these trusts, the municipal sovereignty of the new extinguish title to such lands to create new states and to use the states will be complete, throughout their respective borders, and proceeds to pay the public debt; and they, and the original states, will be upon an equal footing, in all WHEREAS, the federal government complied with its respects ... "(Pollard v. Hagan, 44 U.S. 212 (1845)); and promise and solemn obligation to imminently transfer title of WHEREAS, the enabling acts of the new states west of the public lands lying within the boundaries of all states to the original colonies established the terms upon which all such states eastern edge of the State of Colorado and also with the State of were admitted into the union, and contained the same promise to Hawaii; and 186 HOUSE JOURNAL March 8, 2013]

WHEREAS, by the terms of Idaho's Admissions Act control of nearly two-thirds of the lands lying within Idaho's and State Constitution, Idaho suspended its sovereign right to borders; and eventually tax the public lands within its borders, pending final WHEREAS, Idaho consistently ranks high among all the disposition of the public lands; and states in class size and low in the nation in per pupil spending WHEREAS, the federal government has repeatedly and for education; and persistently failed to honor its promises and has refused to abide WHEREAS, had the federal government disposed of the by the terms of its preexisting solemn obligations to imminently land in or about 1890, Idaho would have, from that point extinguish title to all public lands; and forward, generated substantial tax revenues and revenues from WHEREAS, had Congress honored its promise to Idaho the sustainable managed use of its natural resources to the benefit to timely extinguish title to all public lands within Idaho's of its public schools and to the common good of the state and boundaries, Idaho would have had sovereign control over lands nation; and within its borders; and WHEREAS, the federal government gives Idaho less than WHEREAS, Congress, by and through FLPMA, unilaterally one-half of the net proceeds of mineral lease revenues and altered its duty in 1976 to extinguish title to all public lands severance taxes generated from the lands within Idaho's borders; within Idaho's borders by committing to a policy of retention and and a process of comprehensive land management and planning WHEREAS, Idaho has been substantially damaged in coordinated between the federal government, the states and local mineral lease revenues and severance taxes in that, had the governing bodies for access, multiple use and sustained yield of federal government extinguished title to all public lands, Idaho the public lands; and would realize one hundred percent of the mineral lease revenues WHEREAS, despite the fact that the federal government and severance taxes from the lands; and had not divested all public lands within Idaho's borders by WHEREAS, the Bureau of Land Management's (BLM) 1976, this did not alleviate the federal government from its failure to act affirmatively on definitive allocation decisions of duty to extinguish title and divest itself of federal ownership of multiple use activities in resource management plans has created remaining public land in Idaho by ceding such land directly to uncertainty in the future of public land use in Idaho and has the state as it did with other states; and caused capital to flee the state; and WHEREAS, since the passage of FLPMA, the federal WHEREAS, the United States Army Corps of Engineers government has engaged in a persistent pattern and course of is proposing to extend its jurisdiction to regulate the waters conduct in direct violation of the letter and spirit of FLPMA of the United States to areas traditionally dry, except during through an abject disregard of local resource management plans, severe weather events, in violation of the common definition of failure and refusal to coordinate and cooperate with the state and jurisdictional water; and local governments, unilateral and oppressive land control edicts WHEREAS, the United States Fish and Wildlife Service to the severe and extreme detriment of the state and its ability is making decisions concerning various species on BLM lands to adequately fund education, provide essential government under the provisions of the Endangered Species Act without services, secure economic opportunities for wage earners and serious consideration of state wildlife management activities Idaho business, and ensure a stable, prosperous future; and and protection designed to prevent the need for a listing, or WHEREAS, under the United States Constitution, the recognizing the ability to delist a species, thereby affecting the American states reorganized to form a more perfect union, economic vitality of the state and local region; and yielding up certain portions of their sovereign powers to the WHEREAS, the BLM has not authorized all necessary elected officers of the government of their union, yet retaining rangeland improvement projects involving the removal of the residuum of sovereignty for the purpose of independent pinyon-juniper and other climax vegetation, thereby reducing internal self-governance; and the biological diversity of the range, reducing riparian viability WHEREAS, by compact between the original states, and water quality and reducing the availability of forage for both territorial lands were divided into "suitable extents of territory" livestock and wildlife; and and upon attaining a certain population, were to be admitted into WHEREAS, Idaho initially supported placing into reserve the union upon "an equal footing" as members possessing "the the various national forests in the state, because Idaho was same rights of sovereignty, freedom and independence" as the promised this action would preserve the forest lands as original states; and watersheds and for agricultural use, namely timber and other WHEREAS, the federal trust respecting public lands wood products, and grazing; and obligates the United States, through their agent, Congress, to WHEREAS, this vision and promise of agricultural extinguish both their government jurisdiction and their title on production on the forest lands is the reason that the United States the public lands that are held in trust by the United States for the Forest Service was made part of the United States Department states in which they are located; and of Agriculture as opposed to the Department of the Interior; and WHEREAS, the state and federal partnership of public lands WHEREAS, the promise of preservation for agricultural use management has been eroded by an oppressive and overreaching has been broken by recent administrations; and federal management agenda that has adversely impacted the WHEREAS, logging, timber and wood products operations sovereignty and the economies of the State of Idaho and local on Idaho's national forests have come to a virtual standstill, governments; and resulting in forests that are choked with old growth monocultures, WHEREAS, federal land management actions, even when loss of aspen diversity, loss of habitat and a threat to community applied exclusively to federal lands, directly impact the ability of watersheds due to insect infestation and catastrophic fire; and the State of Idaho to manage its school trust lands in accordance WHEREAS, these conditions are the result of a failure to with the mandate of the Idaho Admissions Act and to meet its properly manage the forest lands for their intended use, which obligation to the beneficiaries of the trust; and is responsible and sustained timber production, watersheds and WHEREAS, Idaho has been substantially damaged in its grazing; and ability to provide funding for education and the common good WHEREAS, the only remedy for federal government of the state and to serve a sustainable, vibrant economy into breaches of Idaho's Admissions Act and breaches to the spirit the future because the federal government has unduly retained and letter of the promises of FLPMA is for the State of Idaho [March 8, 2013 HOUSE JOURNAL 187 to take back title and management responsibility of federally to manage multiple use of the public lands and to determine, managed public lands, which would restore the promises in the through a public process, the extent to which public land may be solemn compact made at statehood; and sold, if any; and WHEREAS, under Clause 17, Section 8, Article I, of the WHEREAS, to the extent that the Interim Public Lands United States Constitution, the federal government is only Study Committee determines through a public process that any constitutionally authorized to exercise jurisdiction over and such land should be sold to private owners, five percent of the above bare right and title over lands that are "purchased by the net proceeds should be paid to the Public School Endowment Consent of the Legislature of the State in which the Same shall Fund and ninety-five percent of the net proceeds should be paid be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, to the federal government to pay down the federal debt; and and other needful Buildings"; and WHEREAS, Section 19, Article XXI, of the Constitution of WHEREAS, the United States Supreme Court affirmed that the State of Idaho provides that Indian lands shall remain under the federal government only holds lands as a mere "ordinary the absolute jurisdiction and control of the Congress of the United proprietor" and cannot exert jurisdictional dominion and control States, Idaho disclaims any title to such land and will observe all over public lands without the consent of the state Legislature, treaty rights. stating, "Where lands are acquired without such consent, the NOW, THEREFORE, BE IT RESOLVED by the members of possession of the United States, unless political jurisdiction the First Regular Session of the Sixty-second Idaho Legislature, be ceded to them in some other way, is simply that of an the House of Representatives and the Senate concurring therein, ordinary proprietor (emphasis added). The property in that that in order to provide a fair, justified and equitable remedy case, unless used as a means to carry out the purposes of the for the federal government's past and continuing breaches of government, is subject to the legislative authority and control of its solemn promises to the State of Idaho as set forth in this the states equally with the property of private individuals." (Ft. resolution and to provide for the sufficient and necessary funding Leavenworth R. Co. v. Lowe, 114 U.S. 525 (1885)); and of Idaho's public education system, the Legislature of the State of WHEREAS, citizens of the State of Idaho have a love of Idaho demands that the federal government imminently transfer the land and have demonstrated responsible stewardship of lands title to all of the public lands within Idaho's borders directly to within state jurisdiction; and the State of Idaho. WHEREAS, the State of Idaho is willing to sponsor, evaluate BE IT FURTHER RESOLVED that the Legislature of and advance the locally driven efforts in a more efficient manner the State of Idaho urges the United States Congress in the than the federal government, to the benefit of all users, including most strenuous terms to engage in good faith communication, recreation, conservation and the responsible and sustainable cooperation, coordination and consultation with the State of management of Idaho's natural resources; and Idaho regarding the transfer of public lands directly to the State WHEREAS, the State of Idaho has a proven regulatory of Idaho. structure to manage public lands for multiple use and sustainable BE IT FURTHER RESOLVED that, upon transfer of the yield; and public lands directly to the State of Idaho, the Legislature intends WHEREAS, the United States Congress disposed of lands to affirmatively cede the national park lands to the federal within the boundaries of the states of Tennessee and Hawaii government, under Clause 17, Section 8, Article I, of the United directly to those states; and States Constitution, on condition that the lands permanently WHEREAS, because of the entanglements and rights arising remain national park lands, that they not be sold, transferred, left over the 122 years that the federal government has failed to honor in substantial disrepair or conveyed to any party other than the its promise to timely extinguish title to public lands and because State of Idaho. of the federal government's breach of Idaho's Admissions Act and BE IT FURTHER RESOLVED that, upon transfer of the breach of FLPMA, among other promises made, and the damages public lands directly to the State of Idaho, the Legislature intends resulting from such breaches, the United States Congress should to affirmatively cede to the federal government all lands currently imminently transfer title to all public lands lying within the State designated as part of the National Wilderness Preservation of Idaho directly to the State of Idaho, as it did with Hawaii and System pursuant to the Wilderness Act of 1964, National Tennessee; and Monuments, Department of Defense lands and Department WHEREAS, the Legislature of the State of Idaho, upon of Energy reservations on condition that they not be sold, transfer of title by the federal government of the public lands transferred, left in substantial disrepair or conveyed to any party directly to the state, intends to cede the national park land to other than the State of Idaho. the federal government on condition that the lands permanently BE IT FURTHER RESOLVED that the Legislature calls remain national park lands, that they not be sold, transferred, for the creation of an Interim Public Lands Study Committee to left in disrepair, or conveyed to any party other than the State of review how to manage access, open space, sustainable yields and Idaho; and the multiple use of the public lands and to determine, through a WHEREAS, the Legislature of the State of Idaho, upon public process, the extent to which public land may be sold. transfer of title by the federal government of the public lands BE IT FURTHER RESOLVED that, to the extent that the directly to the state, intends to cede to the federal government Interim Public Lands Study Committee determines through a all lands currently designated as part of the National Wilderness public process that any such land should be sold to private Preservation System pursuant to the Wilderness Act of 1964, owners, five percent of the net proceeds should be paid to the National Monuments, Department of Defense lands and Public School Endowment Fund and ninety-five percent should Department of Energy reservations on the condition that they not be paid to the Bureau of the Public Debt to pay down the federal be sold, transferred, left in disrepair or conveyed to any party debt. other than the State of Idaho; and BE IT FURTHER RESOLVED that copies of this resolution be WHEREAS, in order to effectively address the accumulated sent to the United States Department of the Interior, the United States entanglements and expectations over Idaho's public lands, Department of Agriculture, the Majority Leader of the United States including open space, access, multiple use and the management Senate, the Speaker of the United States House of Representatives, the of sustainable yields of Idaho's natural resources, an Interim members of Idaho's congressional delegation, and the Governors, Senate Public Lands Study Committee should be formed to review how Presidents and Speakers of the House of the forty-nine other states. 188 HOUSE JOURNAL March 8, 2013]

HOUSE CONCURRENT RESOLUTION NO. 23 AND TO REVISE A DEFINITION; AND AMENDING BY STATE AFFAIRS COMMITTEE SECTION 3, CHAPTER 103, LAWS OF 2012, TO REVISE A CONCURRENT RESOLUTION THE EFFECTIVE DATE. STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE DIVISION OF HOUSE BILL NO. 274 BUILDING SAFETY RELATING TO RULES CONCERNING BY STATE AFFAIRS COMMITTEE UNIFORM PLUMBING CODE. AN ACT RELATING TO THE TRAFFIC SAFETY EDUCATION Be It Resolved by the Legislature of the State of Idaho: PROGRAM; AMENDING CHAPTER 3, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-336, WHEREAS, the Legislature is vested with authority to reject IDAHO CODE, TO ESTABLISH PROVISIONS RELATING executive agency rules under the provisions of Section 67-5291, TO TRAFFIC SAFETY EDUCATION PROGRAMS AND Idaho Code, in the event that the Legislature finds that the rules RELATED FEES; AND PROVIDING AN EFFECTIVE DATE. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a HOUSE BILL NO. 275 certain rule of the Division of Building Safety relating to Rules BY EDUCATION COMMITTEE Concerning Uniform Plumbing Code is not consistent with AN ACT legislative intent and should be rejected. RELATING TO EDUCATION; AMENDING SECTION NOW, THEREFORE, BE IT RESOLVED by the members of 33-1004, IDAHO CODE, TO PROVIDE THAT A DISTRICT the First Regular Session of the Sixty-second Idaho Legislature, MAY UTILIZE UP TO FIFTEEN PERCENT OF CERTAIN the House of Representatives and the Senate concurring therein, MONEYS TO PAY ANOTHER SCHOOL DISTRICT OR that IDAPA 07.02.06, Division of Building Safety, Rules PUBLIC CHARTER SCHOOL FOR CERTAIN SERVICES Concerning Uniform Plumbing Code, Section 011, Subsection OR TO DEFRAY CERTAIN COSTS, TO PROVIDE THAT 09, only, adopted as a pending rule under Docket Number A DISTRICT MAY EMPLOY FEWER POSITIONS THAN 07-0206-1201, be, and the same is hereby rejected and declared FUNDED WITHOUT A REDUCTION IN THE NUMBER null, void and of no force and effect. OF FUNDED POSITIONS BEING IMPOSED, TO MAKE A CODIFIER'S CORRECTION AND TO MAKE TECHNICAL HOUSE CONCURRENT RESOLUTION NO. 24 CORRECTIONS; REPEALING SECTION 33-1004, IDAHO BY STATE AFFAIRS COMMITTEE CODE, RELATING TO STAFF ALLOWANCE; AMENDING A CONCURRENT RESOLUTION CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION STATING FINDINGS OF THE LEGISLATURE AND OF A NEW SECTION 33-1004, IDAHO CODE, TO REJECTING A CERTAIN RULE OF THE BUREAU OF ESTABLISH PROVISIONS RELATING TO DETERMINING OCCUPATIONAL LICENSES RELATING TO RULES OF A STAFF ALLOWANCE, TO ESTABLISH ADDITIONAL THE IDAHO DRIVING BUSINESSES LICENSURE BOARD. CONDITIONS GOVERNING STAFF ALLOWANCE AND TO PROVIDE FOR AN APPEAL AND A WAIVER; AND Be It Resolved by the Legislature of the State of Idaho: PROVIDING EFFECTIVE DATES. WHEREAS, the Legislature is vested with authority to reject H 273, H 274, and H 275 were introduced, read the first time executive agency rules under the provisions of Section 67-5291, by title, and referred to the Judiciary, Rules, and Administration Idaho Code, in the event that the Legislature finds that the rules Committee for printing. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a certain There being no objection, the House advanced to the Tenth rule of the Bureau of Occupational Licenses relating to Rules of Order of Business. the Idaho Driving Businesses Licensure Board is not consistent with legislative intent and should be rejected. Second Reading of Bills and Joint Resolutions NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, HCR 20, H 202, and H 222, by State Affairs Committee, the House of Representatives and the Senate concurring therein, were read the second time by title and filed for third reading. that IDAPA 24.25.01, Bureau of Occupational Licenses, Rules H 262 and H 263, by Appropriations Committee, were read of the Idaho Driving Businesses Licensure Board, Section 225, the second time by title and filed for third reading. Subsection 07.a, only, adopted as a pending rule under Docket Number 24-2501-1201, be, and the same is hereby rejected and S 1057, as amended, S 1091, as amended, and S 1098, by declared null, void and of no force and effect. Education Committee, were read the second time by title and filed for third reading. HCR 21, HCR 22, HCR 23, and HCR 24 were introduced, read the first time by title, and referred to the Judiciary, Rules, S 1048, as amended, by Judiciary and Rules Committee, was and Administration Committee for printing. read the second time by title and filed for third reading. Introduction, First Reading, and Reference H 138, by Local Government Committee, was read the of Bills and Joint Resolutions second time by title and filed for third reading. HOUSE BILL NO. 273 H 243, by Revenue and Taxation Committee, was read the BY STATE AFFAIRS COMMITTEE second time by title and filed for third reading. AN ACT RELATING TO MOTOR VEHICLE FINANCIAL H 66, as amended in the Senate, by Transportation and RESPONSIBILITY; AMENDING SECTION 49-1234, IDAHO Defense Committee, was read the second time by title and filed CODE, TO PROVIDE AN EXCEPTION FOR GOLF CARTS for third reading. [March 8, 2013 HOUSE JOURNAL 189

Third Reading of Bills and Joint Resolutions Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, March 11, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Monday, March 11, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 8:14 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 190 HOUSE JOURNAL March 11, 2013]

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1031, S 1101, S 1102, S 1103, S 1104, S 1001, S 1003, as OF THE amended, S 1004, and S 1027 and, when so signed, ordered them returned to the Senate. IDAHO LEGISLATURE March 8, 2013 Mr. Speaker: FIRST REGULAR SESSION I return herewith enrolled H 10, H 153, H 109, H 163, and SIXTY-SECOND LEGISLATURE H 203 which have been signed by the President. NOVAK, Secretary Enrolled H 10, H 153, H 109, H 163, and H 203 were referred to the Judiciary, Rules, and Administration Committee SIXTY-FOURTH LEGISLATIVE DAY for delivery to the Governor. MONDAY, MARCH 11, 2013 March 7, 2013 Mr. Speaker: House of Representatives I transmit herewith SCR 120, S 1029, S 1078, S 1119, S 1122, S 1116, as amended, S 1068, as amended, S 1107, as The House convened at 10:30 a.m., the Speaker in the Chair. amended, S 1128, S 1129, S 1130, S 1131, and S 1132 which have passed the Senate. Roll call showed 68 members present. NOVAK, Secretary Absent and excused – Malek, Raybould. Total – 2. Total – 70. SCR 120, S 1029, S 1078, S 1119, S 1122, S 1116, as amended, S 1068, as amended, S 1107, as amended, S 1128, Prayer was offered by Chaplain Tom Dougherty. S 1129, S 1130, S 1131, and S 1132 were filed for first reading. The Pledge of Allegiance was led by Andrea Prigge, Page. March 8, 2013 Mr. Speaker: Approval of Journal I transmit herewith S 1139, S 1140, S 1143, S 1144, S 1021, and S 1111 which have passed the Senate. March 11, 2013 NOVAK, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND S 1139, S 1140, S 1143, S 1144, S 1021, and S 1111 were ADMINISTRATION, report that we have read and approved the filed for first reading. House Journal of the Sixty-first Legislative Day and recommend that same be adopted as corrected. March 7, 2013 WILLS, Chairman Mr. Speaker: I return herewith H 112, H 210, H 131, H 103, H 96, and Mr. Wills moved that the report be adopted. Seconded by H 175 which have passed the Senate. Mr. Burgoyne. Report adopted. NOVAK, Secretary Consideration of Messages from the H 112, H 210, H 131, H 103, H 96, and H 175 were Governor and the Senate referred to the Judiciary, Rules, and Administration Committee for enrolling. OFFICE OF THE GOVERNOR Boise March 8, 2013 Mr. Speaker: March 8, 2013 I return herewith HCR 16, HCR 6, HCR 10, HCR 8, H 168, H 169, and H 139 which have passed the Senate. The Honorable Scott Bedke NOVAK, Secretary Speaker of the House HCR 16, HCR 6, HCR 10, HCR 8, H 168, H 169, and Dear Mr. Speaker: H 139 were referred to the Judiciary, Rules, and Administration I have the honor to advise you that I have signed today and Committee for enrolling. am transmitting to the Secretary of State the following House bill, to wit: March 7, 2013 H 72 Mr. Speaker: I return herewith H 177, as amended in the Senate, which As Always - Idaho, "Esto Perpetua" has passed the Senate. /s/ C.L. "Butch" Otter NOVAK, Secretary Governor H 177, as amended in the Senate, was ordered held at the March 8, 2013 Desk. Mr. Speaker: I transmit herewith enrolled S 1031, S 1101, S 1102, S 1103, Mr. Luker asked unanimous consent that the House concur S 1104, S 1001, S 1003, as amended, S 1004, and S 1027 for the in the Senate amendments to H 177, as amended in the Senate. signature of the Speaker. There being no objection, it was so ordered. NOVAK, Secretary [March 11, 2013 HOUSE JOURNAL 191

H 177, as amended in the Senate, was referred to the March 11, 2013 Judiciary, Rules, and Administration Committee for engrossing. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 261, S 1093, and S 1097, as Report of Standing Committees amended, and recommend that they do pass. DEMORDAUNT, Chairman March 11, 2013 H 261, S 1093, and S 1097, as amended, were filed for Mr. Speaker: second reading. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 21, HCR 22, HCR 23, HCR 24, H 273, H 274, and H 275. There being no objection, the House advanced to the Seventh WILLS, Chairman Order of Business. HCR 21 and HCR 22 were referred to the State Affairs Committee. Motions, Memorials, and Resolutions HCR 23 and HCR 24 were filed for second reading. H 273 was referred to the Transportation and Defense HOUSE CONCURRENT RESOLUTION NO. 25 Committee. BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION H 274 was referred to the Judiciary, Rules, and STATING FINDINGS OF THE LEGISLATURE AND Administration Committee. RECOGNIZING AND CONGRATULATING OWYHEE H 275 was referred to the Education Committee. COUNTY AND ITS RESIDENTS FOR THE COUNTY'S SESQUICENTENNIAL ANNIVERSARY. March 11, 2013 Mr. Speaker: Be It Resolved by the Legislature of the State of Idaho: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 7. WHEREAS, the county of Owyhee was established on WILLS, Chairman December 31, 1863, with the approval and signature of acting Governor W. B. Daniels, soon after the formation of the The Speaker announced he was about to sign enrolled Idaho Territory by Abraham Lincoln and is celebrating its HCR 7 and, when so signed, ordered it transmitted to the Senate Sesquicentennial Anniversary this year; and for the signature of the President. WHEREAS, Owyhee County was named for three Hawaiian (Kanaka) trappers who mysteriously disappeared in the area March 11, 2013 while working for fur trapper Donald McKenzie in 1818, with Mr. Speaker: the county seat initially located at Ruby City, moved to Silver We, your COMMITTEE ON JUDICIARY, RULES, AND City in 1867, and finally to Murphy in 1934; and ADMINISTRATION, report that we have transmitted enrolled WHEREAS, Owyhee County has historical mining H 137, H 93, H 128, H 129, and H 132 to the Governor at significance in the state, with the gold/silver rush happening 8:51 a.m., as of this date, March 8, 2013. in and around the Silver City area, as well as the ranching, WILLS, Chairman sheep herding and farming communities that have grown up March 11, 2013 around it and are the backbone of the county's economy today. Mr. Speaker: The gold/silver rush of Owyhee County started May 18, 1863, We, your COMMITTEE ON JUDICIARY, RULES, AND with the discovery of gold by a group of twenty-nine men led ADMINISTRATION, report that we have transmitted enrolled by Michael Jordan. The county is also home to the Austrian HCR 5 to the Secretary of State at 8:47 a.m., as of this date, Settlement, a group of people from Slovenia and Germany who March 8, 2013. developed and settled lands south of Homedale, Idaho, in 1914, WILLS, Chairman many of which are still in existence today; and WHEREAS, Owyhee County is recognized across the State March 8, 2013 of Idaho for its historic preservation efforts, namely the Silver Mr. Speaker: City Historic District, which is a growing tourist attraction, We, your COMMITTEE ON EDUCATION, report that we as well as the Oreana Catholic Church and many others. The have had under consideration H 259 and H 260 and recommend county is also home to many other tourist attractions, including that they do pass. archaeology sites at Camas and Pole Creeks and the Guffey DEMORDAUNT, Chairman Butte-Black Butte Archaeology District; architecture sites at Bruneau Episcopal Church and the Owyhee County Courthouse; H 259 and H 260 were filed for second reading. the historic districts of Silver City and DeLamar; the military sites of Camp Lyon and Camp Three Forks; and the stage stations of Poison Creek Stage Station and Wickahony Post Office March 11, 2013 and Stage Station. Finally, Owyhee County is home to other Mr. Speaker: tourist sites, including the Bruneau Sand Dunes, the Bruneau We, your COMMITTEE ON STATE AFFAIRS, report Observatory, Emu-Z-Um near Grandview, Our Lady Queen of that we have had under consideration H 245 and H 257 and Heaven Catholic Church in Oreana, the Swan Falls Dam and recommend that they do pass. Power Plant, the Owyhee County Historical Museum in Murphy, LOERTSCHER, Chairman the Bernard Ferry, Noble Horse Barn, the southern "dry" route H 245 and H 257 were filed for second reading. of the Oregon Trail, Givens Hot Springs, the Gusman Ranch 192 HOUSE JOURNAL March 11, 2013] near Jordan Valley, Oregon, and many parks and festivals in the HOUSE CONCURRENT RESOLUTION NO. 26 Marsing/Homedale area; and BY STATE AFFAIRS COMMITTEE WHEREAS, Owyhee County is the second largest county in A CONCURRENT RESOLUTION the State of Idaho, with a large multitude of deer, elk, antelope, STATING FINDINGS OF THE LEGISLATURE AND game birds, fish and other wildlife used for hunting, fishing AUTHORIZING THE LEGISLATIVE COUNCIL TO and observation. The county is also an attractive recreational APPOINT A COMMITTEE TO UNDERTAKE AND area used for horseback riding, motorcycling, four wheeling, COMPLETE A STUDY OF POTENTIAL APPROACHES TO camping, hiking, swimming and much more; and PUBLIC DEFENSE REFORM. WHEREAS, the Owyhee County Historical Museum, in conjunction with the Owyhee County Historic Preservation Be It Resolved by the Legislature of the State of Idaho: Commission, will kick off the Sesquicentennial Celebration on June 1, 2013, during the Owyhee County Historical WHEREAS, the responsibility of providing counsel to those Museum annual Outpost Days event, which will feature special constitutionally entitled to representation at public expense is performances about the foundation of the county and the sale currently borne by the counties; and of the "Owyhee Outpost," a historical journal with a detailed WHEREAS, though the State of Idaho may delegate certain description of the county's founding, and an interactive display obligations imposed by the Idaho Constitution to the counties, it located in the museum. must do so in a manner that does not abdicate the constitutional NOW, THEREFORE, BE IT RESOLVED by the members of duty; and the First Regular Session of the Sixty-second Idaho Legislature, WHEREAS, for the past three years, the Idaho Criminal the House of Representatives and the Senate concurring therein, Justice Commission's Public Defense Subcommittee has that we hereby recognize and congratulate Owyhee County and committed itself to the task of identifying deficiencies in Idaho's its residents for Owyhee County's Sesquicentennial Anniversary public defense system and developing recommendations for on December 31, 2013. public defense reform; and WHEREAS, the Idaho Criminal Justice Commission's Public Defense Subcommittee has identified deficiencies in HOUSE JOINT MEMORIAL NO. 2 Idaho's public defense system. Such deficiencies include, but are BY STATE AFFAIRS COMMITTEE not limited to: a lack of uniformity in indigency determination, A JOINT MEMORIAL appointment and waiver of counsel, contribution and recoupment TO THE CHAIRMAN OF THE FEDERAL practices, public defense contracting practices and data reporting; COMMUNICATIONS COMMISSION, AND TO THE excessive caseloads and workloads; a lack of independence of CONGRESSIONAL DELEGATION REPRESENTING THE the public defense function; a lack of training and resources STATE OF IDAHO IN THE CONGRESS OF THE UNITED for attorneys providing public defense services, particularly STATES. in the areas of juvenile defense, child protection and mental We, your Memorialists, the House of Representatives and health commitment; the existence of flat fee contracts for public the Senate of the State of Idaho assembled in the First Regular defense services; and county commissioners' lack of access to Session of the Sixty-second Idaho Legislature, do hereby information and resources to assist in the provision of public respectfully represent that: defense; and WHEREAS, Section 24, Article III, of the Constitution of the WHEREAS, the Idaho Criminal Justice Commission's Public State of Idaho states: "The first concern of all good government is Defense Subcommittee's analysis of nationwide approaches to the virtue and sobriety of the people, and the purity of the home. addressing such deficiencies shows that the most significant trend The legislature should further all wise and well directed efforts has been toward state oversight of the public defense system for the promotion of temperance and morality."; and that includes statewide standards and, in many instances, state WHEREAS, inappropriate and indecent material is being moneys; and broadcast more frequently; and WHEREAS, the Idaho Criminal Justice Commission's WHEREAS, whatever appears on television gains credibility Public Defense Subcommittee has narrowed its efforts to and influences viewers' beliefs and practices; and consideration of a public defense model where, although public WHEREAS, the Federal Communications Commission defense delivery at the trial level would remain primarily forbids the broadcasting of indecent programming over the funded and administered at the county level, the authority nation's airwaves between the hours of 6:00 a.m. and 10:00 p.m., for a public defense system would be statutorily delegated when children might be watching. to an independent commission authorized to promulgate and NOW, THEREFORE, BE IT RESOLVED by the members of enforce certain rules and standards with which counties are the First Regular Session of the Sixty-second Idaho Legislature, required to comply, including: statewide training and continuing the House of Representatives and the Senate concurring therein, legal education requirements for public defense attorneys; that the Federal Communications Commission is encouraged data reporting requirements; requirements relating to contracts to resume enforcement of traditional American standards of entered into between counties and private providers of public decency and prohibit the implied portrayal of or discussion of defense services; standards for the qualification of public defense sexual intercourse on television when it pertains to unmarried attorneys; and caseload and workload standards for public persons in fictitious programs, reality shows and advertisements, defense attorneys; and including jocular references to premarital sex, characters lying WHEREAS, the Idaho Criminal Justice Commission's in bed together and characters disrobing or undressing. Public Defense Subcommittee has also considered a public BE IT FURTHER RESOLVED that the Chief Clerk of the defense model where the counties' statutory authority to provide House of Representatives be, and she is hereby authorized and for counsel at public expense would be limited to the creation of directed to forward a copy of this Memorial to the Chairman of an office of public defender and a requirement that each county the Federal Communications Commission, and the congressional participate in a statewide association of public defense attorneys. delegation representing the State of Idaho in the Congress of the NOW, THEREFORE, BE IT RESOLVED by the members of United States. the First Regular Session of the Sixty-second Idaho Legislature, [March 11, 2013 HOUSE JOURNAL 193 the House of Representatives and the Senate concurring therein, CERTAIN DATE, TO ESTABLISH PROVISIONS RELATING that the Legislative Council is authorized to appoint a committee TO A CONCURRENT RESOLUTION AND AN EXECUTIVE to undertake and complete a study of potential approaches to ORDER, TO ESTABLISH CERTAIN CONDITIONS, TO public defense reform including, but not limited to: the creation, PROVIDE THAT NOTHING IN THIS SECTION SHALL funding and implementation of a public defense commission; and AFFECT THE TAXATION OF FOREST LANDS, CERTAIN requirements that counties operate offices of public defenders FOREST PRODUCTS OR THE TAXATION OF THE NET and join a statewide association of public defense attorneys. PROFITS OF MINES; AMENDING SECTION 63-802, IDAHO The committee shall consist of ten legislators, with five from CODE, TO PROVIDE FOR AN EXCEPTION, TO REVISE the Senate and five from the House of Representatives. The PROVISIONS RELATING TO THE DOLLAR AMOUNT Legislative Council shall authorize the committee to receive OF PROPERTY TAXES CERTIFIED FOR AN ANNUAL input, advice and assistance from interested and affected parties BUDGET, TO PROVIDE THAT ANY AMOUNT OF who are not members of the Legislature. REIMBURSEMENT COMPUTED MUST BE SUBTRACTED BE IT FURTHER RESOLVED that the cochairmen of the FROM THE AMOUNT OTHERWISE TO BE LEVIED committee are authorized to appoint advisors with technical FOR CERTAIN FUNDS AND TO MAKE TECHNICAL expertise in the area of public defense and are expected to receive CORRECTIONS; AMENDING SECTION 63-802, IDAHO input from stakeholders in the criminal justice system of Idaho. CODE, AS ADDED BY SECTION 12, CHAPTER 339, LAWS BE IT FURTHER RESOLVED that any advisors to the OF 2012, TO PROVIDE FOR AN EXCEPTION, TO REVISE committee who are not legislative members shall not be PROVISIONS RELATING TO THE DOLLAR AMOUNT reimbursed from legislative funds for per diem, mileage or other OF PROPERTY TAXES CERTIFIED FOR AN ANNUAL expenses and shall not have voting privileges. BUDGET, TO PROVIDE THAT ANY AMOUNT OF BE IT FURTHER RESOLVED that the commission shall REIMBURSEMENT COMPUTED MUST BE SUBTRACTED report its findings, recommendations and proposed legislation, if FROM THE AMOUNT OTHERWISE TO BE LEVIED any, to the Second Regular Session of the Sixty-second Idaho FOR CERTAIN FUNDS AND TO MAKE TECHNICAL Legislature. CORRECTIONS; AMENDING CHAPTER 8, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION HCR 25, HJM 2, and HCR 26 were introduced, read 63-802B, IDAHO CODE, TO PROVIDE FOR EXCEPTIONS, the first time by title, and referred to the Judiciary, Rules, and TO ESTABLISH PROVISIONS RELATING TO THE STATE Administration Committee for printing. TAX COMMISSION DETERMINING THE AMOUNT OF TAX ON PERSONAL PROPERTY, CERTIFYING SUCH SCR 120, by Judiciary and Rules Committee, was AMOUNT AND CERTIFYING THE AMOUNT ELIGIBLE introduced, read the first time by title, and referred to the FOR REIMBURSEMENT, TO ESTABLISH PROVISIONS Education Committee. RELATING TO AN ADJUSTMENT, TO ESTABLISH Introduction, First Reading, and Reference PROVISIONS RELATING TO CERTAIN TAX YEARS of Bills and Joint Resolutions THAT A PORTION OF THE AMOUNT CERTIFIED SHALL BE REIMBURSED AND SUBTRACTED, TO PROVIDE HOUSE BILL NO. 276 THAT IN A CERTAIN TAX YEAR, AND EVERY TAX BY REVENUE AND TAXATION COMMITTEE YEAR THEREAFTER, ALL OF THE AMOUNT CERTIFIED AN ACT SHALL BE REIMBURSED AND SUBTRACTED, TO RELATING TO PERSONAL PROPERTY TAX; PROVIDE THAT A SEPARATE AMOUNT WILL BE AMENDING SECTION 63-201, IDAHO CODE, TO REVISE DETERMINED FOR CERTAIN LEVIES AND FOR CERTAIN DEFINITIONS; AMENDING CHAPTER 4, TITLE 63, OTHER FUNDS, TO PROVIDE THAT NO REVENUE IDAHO CODE, BY THE ADDITION OF A NEW SECTION ALLOCATION AREA OF AN URBAN RENEWAL DISTRICT 63-412, IDAHO CODE, TO ESTABLISH PROVISIONS ESTABLISHED AFTER A CERTAIN DATE SHALL RELATING TO TOTAL OPERATING PROPERTY VALUE BE ELIGIBLE FOR REIMBURSEMENT MONEYS, TO THAT REPRESENTS PERSONAL PROPERTY, TO PROVIDE PROVIDE THAT NO TAXING DISTRICT ESTABLISHED ON THAT THE STATE TAX COMMISSION WILL COMPUTE OR AFTER A CERTAIN DATE SHALL BE ELIGIBLE FOR AN AMOUNT OF OPERATING PROPERTY VALUE CERTAIN REIMBURSEMENT MONEYS, TO ESTABLISH EXEMPT FROM CERTAIN TAXATION, TO PROVIDE PROVISIONS RELATING TO CONSOLIDATIONS AND THAT AN AMOUNT OF VALUE SHALL BE CERTIFIED DISSOLUTIONS OF DISTRICTS, TO ESTABLISH TO EACH COUNTY BY THE STATE TAX COMMISSION, PROVISIONS RELATING TO CERTAIN REIMBURSEMENT TO PROVIDE THAT CERTAIN PROVISIONS SHALL NOT PAYMENTS, TO ESTABLISH PROVISIONS RELATING TO APPLY TO CERTAIN COMPANIES AND TO ESTABLISH CERTAIN PROPERTY EXEMPT PURSUANT TO A ONE ADDITIONAL PROVISIONS RELATING TO SUCH HUNDRED THOUSAND DOLLAR LIMIT, TO ESTABLISH COMPANIES; AMENDING SECTION 63-602, IDAHO CODE, PROVISIONS RELATING TO CERTAIN REIMBURSEMENT, TO PROVIDE A CODE REFERENCE AND TO PROVIDE TO ESTABLISH PROVISIONS RELATING TO MONEYS THAT CERTAIN EXEMPTIONS DO NOT REQUIRE RECEIVED FROM DISTRIBUTIONS AND TO PROVIDE APPLICATION; REPEALING SECTION 63-602KK, IDAHO THAT NO REIMBURSEMENT SHALL BE CALCULATED CODE, RELATING TO PROPERTY EXEMPT FROM FOR CERTAIN PROPERTY; AMENDING SECTION 63-803, TAXATION; AMENDING CHAPTER 6, TITLE 63, IDAHO IDAHO CODE, TO PROVIDE THAT AFTER RECEIPT OF CODE, BY THE ADDITION OF A NEW SECTION A CERTIFICATION, THE COUNTY COMMISSIONERS 63-602KK, IDAHO CODE, TO ESTABLISH PROVISIONS SHALL MAKE A TAX LEVY BY TAKING THE APPROVED RELATING TO CERTAIN PERSONAL PROPERTY BEING CERTIFIED AMOUNT REQUIRED FROM PROPERTY EXEMPT FROM PROPERTY TAXATION, TO ESTABLISH TAX AS A PERCENT OF TAXABLE VALUE OF ALL PROVISIONS THAT AN EXEMPTION SHALL NOT APPLY PROPERTY IN THE TAXING DISTRICT, TO ESTABLISH TO CERTAIN ITEMS, TO ESTABLISH PROVISIONS PROVISIONS RELATING TO TAXABLE VALUE AND TO RELATING TO CERTAIN PROPERTY ACQUIRED AFTER A REVISE EXCEPTIONS; AMENDING SECTION 63-803, 194 HOUSE JOURNAL March 11, 2013]

IDAHO CODE, AS ADDED BY SECTION 13, CHAPTER THE DEPARTMENT OF PARKS AND RECREATION TO 339, LAWS OF 2012, TO PROVIDE THAT AFTER RECEIPT SHARE REGISTRATION INFORMATION WITH THE OF A CERTIFICATION, THE COUNTY COMMISSIONERS IDAHO TRANSPORTATION DEPARTMENT AND TO SHALL MAKE A TAX LEVY BY TAKING THE APPROVED MAKE A TECHNICAL CORRECTION; AMENDING CERTIFIED AMOUNT REQUIRED FROM PROPERTY SECTION 67-7103, IDAHO CODE, TO PROVIDE THAT TAX AS A PERCENT OF TAXABLE VALUE OF ALL CERTAIN CERTIFICATES OF TITLE OR EVIDENCE PROPERTY IN THE TAXING DISTRICT, TO ESTABLISH OF PRIOR REGISTRATION SHALL BE SUFFICIENT PROVISIONS RELATING TO TAXABLE VALUE AND EVIDENCE OF OWNERSHIP TO OBTAIN A CERTIFICATE TO REVISE EXCEPTIONS; AMENDING SECTION OF NUMBER OR TO REGISTER AND TO AUTHORIZE 63-3638, IDAHO CODE, TO REVISE PROVISIONS THE DEPARTMENT OF PARKS AND RECREATION TO RELATING TO DISTRIBUTIONS OF THE SALES TAX, SHARE CERTIFICATE OF NUMBER AND REGISTRATION TO PROVIDE A CORRECT CODE REFERENCE AND TO INFORMATION WITH THE IDAHO TRANSPORTATION MAKE TECHNICAL CORRECTIONS; DECLARING AN DEPARTMENT; AMENDING SECTION 67-7104, IDAHO EMERGENCY, PROVIDING RETROACTIVE APPLICATION CODE, TO PROVIDE THAT CERTAIN CERTIFICATES OF AND PROVIDING EFFECTIVE DATES. TITLE OR EVIDENCE OF PRIOR REGISTRATION SHALL BE SUFFICIENT EVIDENCE OF OWNERSHIP TO OBTAIN HOUSE BILL NO. 277 A CERTIFICATE OF NUMBER OR TO REGISTER AND BY STATE AFFAIRS COMMITTEE TO AUTHORIZE THE DEPARTMENT OF PARKS AND AN ACT RECREATION TO SHARE CERTIFICATE OF NUMBER RELATING TO IRRIGATION AND DRAINAGE; AND REGISTRATION INFORMATION WITH THE AMENDING SECTION 42-238, IDAHO CODE, TO IDAHO TRANSPORTATION DEPARTMENT; AMENDING PROVIDE ADDITIONAL REQUIREMENTS RELATING TO SECTION 67-7122, IDAHO CODE, TO PROVIDE THAT WELL CONSTRUCTION STANDARDS AND TO MAKE NONRESIDENTS MUST ALSO REGISTER CERTAIN TECHNICAL CORRECTIONS. VEHICLES PURSUANT TO SPECIFIED LAW, TO PROVIDE THAT CERTAIN CERTIFICATES OF TITLE OR EVIDENCE HOUSE BILL NO. 278 OF PRIOR REGISTRATION SHALL BE SUFFICIENT BY STATE AFFAIRS COMMITTEE EVIDENCE OF OWNERSHIP FOR REGISTRATION AND AN ACT TO AUTHORIZE THE DEPARTMENT OF PARKS AND RELATING TO FISH AND GAME; AMENDING RECREATION TO SHARE REGISTRATION INFORMATION SECTION 36-111, IDAHO CODE, TO PROVIDE THAT WITH THE IDAHO TRANSPORTATION DEPARTMENT; CERTAIN MONEYS SHALL BE EARMARKED FOR AND AMENDING SECTION 67-7123, IDAHO CODE, TO SPORTSMEN ACCESS PROGRAMS AND TO REMOVE A PROVIDE THAT CERTAIN CERTIFICATES OF TITLE CONDITION RELATING TO LEGISLATIVE INTENT; AND SHALL BE SUFFICIENT EVIDENCE OF OWNERSHIP FOR AMENDING SECTION 36-115, IDAHO CODE, TO REVISE REGISTRATION AND TO AUTHORIZE THE DEPARTMENT PROVISIONS RELATING TO THE TRANSFER AND USE OF PARKS AND RECREATION TO SHARE REGISTRATION OF CERTAIN MONEYS FROM THE EXPENDABLE BIG INFORMATION WITH THE IDAHO TRANSPORTATION GAME DEPREDATION FUND. DEPARTMENT.

HOUSE BILL NO. 279 HOUSE BILL NO. 280 BY STATE AFFAIRS COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO REGISTRATIONS; AMENDING RELATING TO FIREARMS, EXPLOSIVES AND SECTION 49-402, IDAHO CODE, TO REVISE OTHER DEADLY WEAPONS; PROVIDING LEGISLATIVE REGISTRATION PROVISIONS RELATING TO CERTAIN DECLARATION; AMENDING SECTION 18-3315A, IDAHO VEHICLES AND TO PROVIDE FOR THE REGISTRATION CODE, TO REVISE AND TO ESTABLISH ADDITIONAL OF CERTAIN NONRESIDENT VEHICLES PURSUANT TO PROVISIONS RELATING TO THE PROHIBITION OF SPECIFIED LAW; AMENDING SECTION 49-426, IDAHO FEDERAL REGULATION OF CERTAIN FIREARMS; CODE, TO PROVIDE THAT CERTAIN VEHICLES NEED PROVIDING SEVERABILITY; AND DECLARING AN NOT BE REGISTERED UNDER SPECIFIED CONDITIONS; EMERGENCY. AMENDING SECTION 49-504, IDAHO CODE, TO PROVIDE THAT AN IDENTIFICATION NUMBERS HOUSE BILL NO. 281 INDEX SHALL BE MAINTAINED FOR ALL VEHICLES BY STATE AFFAIRS COMMITTEE REGISTERED UNDER SPECIFIED LAW, TO PROVIDE AN ACT THAT THE IDAHO TRANSPORTATION DEPARTMENT RELATING TO THE ELECTION OF CITY SHALL CHECK IDENTIFICATION NUMBERS IN COUNCILMEN; AMENDING SECTION 50-707A, APPLICATIONS FOR CERTIFICATES OF TITLE FOR IDAHO CODE, TO REQUIRE CERTAIN CITIES TO VEHICLES REGISTERED PURSUANT TO SPECIFIED LAW ESTABLISH DISTRICTS AND PROVIDE FOR THE AGAINST THE INDEX AND TO PROVIDE THAT THE ELECTION OF COUNCILMEN BY DISTRICTS, TO IDAHO TRANSPORTATION DEPARTMENT SHALL ISSUE PROVIDE TIME REQUIREMENTS, TO REVISE PRECINCT A CERTIFICATE OF TITLE WHEN SATISFIED THAT AN PROVISIONS, TO REVISE VERBIAGE, TO PROVIDE APPLICANT IS AN OWNER OF A VEHICLE REGISTERED FOR SPLIT PRECINCTS, TO PROVIDE FOR THE UNDER SPECIFIED LAW; AMENDING SECTION REAPPORTIONMENT OF DISTRICTS, TO REVISE 67-7008, IDAHO CODE, TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE ESTABLISHMENT OF CERTIFICATES OF TITLE OR EVIDENCE OF PRIOR DISTRICTS, TO PROVIDE FOR THE ESTABLISHMENT REGISTRATION SHALL BE SUFFICIENT EVIDENCE OF DISTRICTS BY CITIES OF MORE THAN FIFTY OF OWNERSHIP FOR REGISTRATION, TO AUTHORIZE THOUSAND INHABITANTS, TO REVISE PROVISIONS [March 11, 2013 HOUSE JOURNAL 195

RELATING TO THE DETERMINATION OF THE PROCESS S 1119 and S 1122, by Judiciary and Rules Committee, OF ELECTION, TO REVISE PROVISIONS RELATING were introduced, read the first time by title, and referred to the TO THE METHOD OF THE IMPLEMENTATION OF Judiciary, Rules, and Administration Committee. CERTAIN ORDINANCES CONSISTENT WITH SPECIFIED LAW, TO PROVIDE THAT CERTAIN CITIES SHALL S 1116, as amended, by Judiciary and Rules Committee, was ELECT COUNCILMEN BY DISTRICT AND DETERMINE introduced, read the first time by title, and referred to the Health THE METHOD OF IMPLEMENTATION OF ELECTION and Welfare Committee. BY DISTRICTS CONSISTENT WITH SPECIFIED LAW, S 1021, by Health and Welfare Committee, was introduced, TO PROVIDE FOR STAGGERED TERMS, SHORTER read the first time by title, and referred to the Health and Welfare INITIAL TERMS OR AT-LARGE REPRESENTATION AND Committee. DISTRICT VACANCIES AND TO MAKE A TECHNICAL CORRECTION. S 1068, as amended, by Commerce and Human Resources Committee, was introduced, read the first time by title, and HOUSE BILL NO. 282 referred to the Commerce and Human Resources Committee. BY EDUCATION COMMITTEE AN ACT S 1107, as amended, and S 1111, by State Affairs Committee, RELATING TO THE STATE BOARD OF EDUCATION; were introduced, read the first time by title, and referred to the AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE Revenue and Taxation Committee. ADDITION OF A NEW SECTION 33-107D, IDAHO CODE, S 1128, S 1129, S 1130, S 1131, S 1132, S 1139, S 1140, TO ESTABLISH PROVISIONS RELATING TO CERTAIN S 1143, and S 1144, by Finance Committee, were introduced, read AUTHORITY AND RESPONSIBILITY OF THE STATE the first time by title, and filed for second reading. BOARD OF EDUCATION. There being no objection, the House advanced to the Tenth HOUSE BILL NO. 283 Order of Business. BY APPROPRIATIONS COMMITTEE AN ACT Second Reading of Bills and Joint Resolutions APPROPRIATING MONEYS TO THE DEPARTMENT H 269 and H 270, by Appropriations Committee, were read OF HEALTH AND WELFARE FOR THE DIVISIONS the second time by title and filed for third reading. OF CHILD WELFARE AND DEVELOPMENTALLY DISABLED SERVICES FOR FISCAL YEAR 2014; H 248, by Health and Welfare Committee, was read the LIMITING THE NUMBER OF AUTHORIZED FULL-TIME second time by title and filed for third reading. EQUIVALENT POSITIONS; PROVIDING FOR GENERAL S 1034 and S 1035, by Judiciary and Rules Committee, were FUND TRANSFERS TO THE COOPERATIVE WELFARE read the second time by title and filed for third reading. FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND BENEFIT PAYMENTS; PROVIDING LEGISLATIVE H 38, by Environment, Energy, and Technology Committee, INTENT FOR PROGRAM INTEGRITY; AND PROVIDING was read the second time by title and filed for third reading. GUIDANCE FOR EMPLOYEE COMPENSATION. Third Reading of Bills and Joint Resolutions HOUSE BILL NO. 284 Mr. Moyle asked unanimous consent that H 208 retain its BY APPROPRIATIONS COMMITTEE place on the Third Reading Calendar for one legislative day. AN ACT There being no objection, it was so ordered. APPROPRIATING MONEYS TO THE OFFICE OF H 219 - FEDERAL FIREARM, MAGAZINE AND DRUG POLICY FOR FISCAL YEAR 2014; LIMITING THE REGISTER BAN ENFORCEMENT ACT NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE FOR H 219 was read the third time at length, section by section, EMPLOYEE COMPENSATION. and placed before the House for final consideration.

HOUSE BILL NO. 285 At this time, the Speaker recognized Mr. Patterson to open BY APPROPRIATIONS COMMITTEE debate. AN ACT The question being, "Shall H 219 pass?" APPROPRIATING MONEYS TO THE COMMISSION ON AGING FOR FISCAL YEAR 2014; LIMITING THE Roll call resulted as follows: NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT AYES – Agidius, Anderson(01), Anderson(31), Anderst, POSITIONS; AND PROVIDING GUIDANCE FOR Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, EMPLOYEE COMPENSATION. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, H 276, H 277, H 278, H 279, H 280, H 281, H 282, H 283, Holtzclaw, Horman, Kauffman, Loertscher, Luker, McMillan, H 284, and H 285 were introduced, read the first time by title, and Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, referred to the Judiciary, Rules, and Administration Committee Palmer, Patterson, Perry, Romrell, Shepherd, Sims, Stevenson, for printing. Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 55. S 1029, by State Affairs Committee, was introduced, read the NAYS – Burgoyne, Chew, Erpelding, Gannon, King, first time by title, and referred to the State Affairs Committee. Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 13. S 1078, by State Affairs Committee, was introduced, read the Absent and excused – Malek, Raybould. Total – 2. first time by title, and referred to the Education Committee. Total – 70. 196 HOUSE JOURNAL March 11, 2013]

Whereupon the Speaker declared that H 219 passed the Romrell, Rusche, Smith, Thompson, Trujillo, VanOrden, House. Title was approved and the bill ordered transmitted to Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, the Senate. Mr. Speaker. Total – 38. NAYS – Barbieri, Barrett, Bateman, Batt, Boyle, Collins, H 252 - APPROPRIATIONS - DEPARTMENT OF Crane, Dayley, DeMordaunt, Gestrin, Hancey, Harris, Hixon, INSURANCE Loertscher, Luker, McMillan, Mendive, Monks, Morse, Moyle, Nielsen, Palmer, Patterson, Perry, Shepherd, Sims, Stevenson, H 252 was read the third time at length, section by section, Vander Woude, Wood(35). Total – 29. and placed before the House for final consideration. Absent and excused – Gibbs, Malek, Raybould. Total – 3. At this time, the Speaker recognized Mr. Thompson to open Total – 70. debate. Whereupon the Speaker declared that H 254 passed the The question being, "Shall H 252 pass?" House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 242 - PROPERTY TAXATION Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Erpelding, H 242 was read the third time at length, section by section, Eskridge, Gannon, Gibbs, Hartgen, Henderson, Hixon, Horman, and placed before the House for final consideration. Kauffman, King, Kloc, Meline, Miller, Morse, Packer, Palmer, Pence, Perry, Ringo, Romrell, Rusche, Smith, Stevenson, At this time, the Speaker recognized Mr. Hartgen to open Thompson, VanOrden, Ward-Engelking, Wills, Wood(27), debate. Woodings, Youngblood, Mr. Speaker. Total – 42. NAYS – Andrus, Barbieri, Barrett, Bateman, Boyle, The question being, "Shall H 242 pass?" Crane, Dayley, DeMordaunt, Denney, Gestrin, Hancey, Harris, Holtzclaw, Loertscher, Luker, McMillan, Mendive, Roll call resulted as follows: Monks, Moyle, Nielsen, Patterson, Shepherd, Sims, Trujillo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Vander Woude, Wood(35). Total – 26. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Absent and excused – Malek, Raybould. Total – 2. Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Denney, Total – 70. Erpelding, Eskridge, Gannon, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Whereupon the Speaker declared that H 252 passed the Kloc, Luker, Meline, Mendive, Miller, Monks, Morse, Moyle, House. Title was approved and the bill ordered transmitted to Nielsen, Palmer, Patterson, Pence, Perry, Shepherd, Sims, the Senate. Smith, Stevenson, Thompson, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood. Mr. Moyle asked unanimous consent that the House recess Total – 56. until 1:30 p.m. NAYS – Dayley, Gestrin, Loertscher, McMillan, Packer, Without objection, the Speaker declared the House at recess Ringo, Romrell, Rusche, Trujillo, Wood(35), Mr. Speaker. until 1:30 p.m. Total – 11. RECESS Absent and excused – Gibbs, Malek, Raybould. Total – 3. Afternoon Session Total – 70. The House reconvened at 1:30 p.m., the Speaker in the Chair. Whereupon the Speaker declared that H 242 passed the House. Title was approved and the bill ordered transmitted to Prior to recess, the House was at the Eleventh Order of the Senate. Business. Mr. Moyle asked unanimous consent that H 138 retain its H 176 - ABSENTEE VOTING place on the Third Reading Calendar for one legislative day. H 176 was read the third time at length, section by section, There being no objection, it was so ordered. and placed before the House for final consideration. H 254 - APPROPRIATIONS - ENVIRONMENTAL At this time, the Speaker recognized Ms. Sims to open QUALITY DEPARTMENT debate. H 254 was read the third time at length, section by section, The question being, "Shall H 176 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Miller to open AYES – Agidius, Anderson(01), Anderst, Andrus, Barbieri, debate. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Pursuant to Rule 38(3), Mr. Morse disclosed a conflict of Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Hancey, Harris, interest regarding H 254. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, The question being, "Shall H 254 pass?" Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Perry, Romrell, Shepherd, Sims, Stevenson, Thompson, Trujillo, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Wood(35), Youngblood, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Mr. Speaker. Total – 53. Andrus, Bell, Bolz, Burgoyne, Chew, Clow, Denney, Erpelding, NAYS – Anderson(31), Burgoyne, Chew, Erpelding, Eskridge, Gannon, Hartgen, Henderson, Holtzclaw, Horman, Gannon, King, Kloc, Pence, Ringo, Rusche, Smith, VanOrden, Kauffman, King, Kloc, Meline, Miller, Packer, Pence, Ringo, Ward-Engelking, Woodings. Total – 14. [March 11, 2013 HOUSE JOURNAL 197

Absent and excused – Gibbs, Malek, Raybould. Total – 3. Whereupon the Speaker declared that H 193, as Total – 70. amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 176 passed the House. Title was approved and the bill ordered transmitted to H 171, as amended - HIGHWAYS the Senate. H 171, as amended, was read the third time at length, section H 90, as amended - LIQUOR BY THE DRINK - RETAIL by section, and placed before the House for final consideration. SALES At this time, the Speaker recognized Mr. Kauffman to open H 90, as amended, was read the third time at length, section debate. by section, and placed before the House for final consideration. The question being, "Shall H 171, as amended, pass?" At this time, the Speaker recognized Mr. Anderson(1) to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 90, as amended, pass?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Roll call resulted as follows: Gestrin, Hancey, Harris, Hartgen, Henderson, Holtzclaw, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Horman, Kauffman, Luker, McMillan, Meline, Mendive, Miller, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Pence, Perry, Romrell, Shepherd, Sims, Stevenson, Thompson, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Youngblood, Mr. Speaker. Total – 54. King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, NAYS – Burgoyne, Chew, Erpelding, Gannon, Hixon, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, King, Kloc, Loertscher, Ringo, Rusche, Smith, Ward-Engelking, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Woodings. Total – 13. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Gibbs, Malek, Raybould. Total – 3. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 70. Youngblood, Mr. Speaker. Total – 67. NAYS – None. Whereupon the Speaker declared that H 171, as Absent and excused – Gibbs, Malek, Raybould. Total – 3. amended, passed the House. Title was approved and the bill Total – 70. ordered transmitted to the Senate.

Whereupon the Speaker declared that H 90, as H 120, as amended - LOTTERY TICKET SALES amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. H 120, as amended, was read the third time at length, section by section, and placed before the House for final consideration. H 193, as amended - EMERGENCY TELECOMMUNICATIONS At this time, the Speaker recognized Mr. Luker to open debate. H 193, as amended, was read the third time at length, section by section, and placed before the House for final consideration. Pursuant to Rule 38(3), Mr. Vander Woude disclosed a conflict of interest regarding H 120, as amended. At this time, the Speaker recognized Mrs. Packer to open debate. The question being, "Shall H 120, as amended, pass?" Pursuant to Rule 38(3), Mr. Wills disclosed a conflict of Roll call resulted as follows: interest regarding H 193, as amended. AYES – Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Gannon, The question being, "Shall H 193, as amended, pass?" Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Luker, Meline, Mendive, Miller, Monks, Morse, Roll call resulted as follows: Moyle, Nielsen, Packer, Palmer, Patterson, Romrell, Shepherd, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Wood(35), Youngblood, Mr. Speaker. Total – 44. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – Agidius, Anderson(01), Anderson(31), Anderst, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, Barbieri, Burgoyne, Chew, Erpelding, Eskridge, Gestrin, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Henderson, Kauffman, King, McMillan, Pence, Perry, Ringo, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Rusche, Sims, Stevenson, Ward-Engelking, Wood(27), Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Woodings. Total – 23. Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Absent and excused – Gibbs, Malek, Raybould. Total – 3. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. Whereupon the Speaker declared that H 120, as NAYS – None. amended, passed the House. Title was approved and the bill Absent and excused – Gibbs, Malek, Raybould. Total – 3. ordered transmitted to the Senate. Total – 70. 198 HOUSE JOURNAL March 11, 2013]

H 262 - APPROPRIATIONS - STATE APPELLATE The question being, "Shall H 243 pass?" PUBLIC DEFENDER Roll call resulted as follows: H 262 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mrs. Ringo to open Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, debate. Denney, Erpelding, Eskridge, Gestrin, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, The question being, "Shall H 262 pass?" Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Roll call resulted as follows: Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Total – 65. Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, NAYS – Gannon, Ringo. Total – 2. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Gibbs, Malek, Raybould. Total – 3. King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Total – 70. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Whereupon the Speaker declared that H 243 passed the Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, House. Title was approved and the bill ordered transmitted to Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, the Senate. Youngblood, Mr. Speaker. Total – 67. NAYS – None. H 202 - ADMINISTRATIVE PROCEDURE ACT Absent and excused – Gibbs, Malek, Raybould. Total – 3. H 202 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 262 passed the At this time, the Speaker recognized Mr. Burgoyne to open House. Title was approved and the bill ordered transmitted to debate. the Senate. The question being, "Shall H 202 pass?" H 263 - APPROPRIATIONS - ATTORNEY GENERAL Roll call resulted as follows: H 263 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mr. Bolz to open debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, The question being, "Shall H 263 pass?" Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Roll call resulted as follows: Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Andrus, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Youngblood, Mr. Speaker. Total – 67. King, Kloc, Luker, Meline, Miller, Morse, Nielsen, Packer, NAYS – None. Palmer, Pence, Perry, Ringo, Romrell, Rusche, Smith, Stevenson, Absent and excused – Gibbs, Malek, Raybould. Total – 3. Thompson, VanOrden, Vander Woude, Ward-Engelking, Wills, Total – 70. Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 51. Whereupon the Speaker declared that H 202 passed the NAYS – Barbieri, Barrett, Bateman, Boyle, Denney, House. Title was approved and the bill ordered transmitted to Hancey, Harris, Loertscher, McMillan, Mendive, Monks, Moyle, the Senate. Patterson, Shepherd, Sims, Trujillo. Total – 16. Absent and excused – Gibbs, Malek, Raybould. Total – 3. H 222 - VETERANS RECOGNITION ACT Total – 70. H 222 was read the third time at length, section by section, Whereupon the Speaker declared that H 263 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Eskridge to open the Senate. debate. H 243 - SALES TAXATION The question being, "Shall H 222 pass?"

H 243 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Moyle to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, Pursuant to Rule 38(3), Mr. DeMordaunt disclosed a conflict Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, of interest regarding H 243. King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, [March 11, 2013 HOUSE JOURNAL 199

Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, NAYS – None. Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Absent and excused – Gibbs, Loertscher, Malek, Raybould. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 4. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 70. Youngblood, Mr. Speaker. Total – 67. NAYS – None. Whereupon the Speaker declared HCR 20 adopted and Absent and excused – Gibbs, Malek, Raybould. Total – 3. ordered the resolution transmitted to the Senate. Total – 70. Mr. Moyle asked unanimous consent that the remaining Whereupon the Speaker declared that H 222 passed the bills on the Third Reading Calendar retain their places for one House. Title was approved and the bill ordered transmitted to legislative day. There being no objection, it was so ordered. the Senate. There being no objection, the House advanced to the H 66, as amended in the Senate - AGRICULTURE Sixteenth Order of Business. H 66, as amended in the Senate, was read the third time at Adjournment length, section by section, and placed before the House for final Mr. Moyle moved that the House adjourn until 10:30 a.m., consideration. Tuesday, March 12, 2013. Seconded by Mr. Rusche. Motion At this time, the Speaker recognized Mr. Kauffman to open carried. debate. Whereupon the Speaker declared the House adjourned at The question being, "Shall H 66, as amended in the 2:48 p.m. Senate, pass?" SCOTT BEDKE, Speaker ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. NAYS – Chew. Total – 1. Absent and excused – Gibbs, Malek, Raybould. Total – 3. Total – 70. Whereupon the Speaker declared H 66, as amended in the Senate, passed the House. Title was approved and the bill referred to the Judiciary, Rules, and Administration Committee for enrolling.

HCR 20 - ATHLETIC COMMISSION - RULE REJECTED HCR 20 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Monks to open debate. The question being, "Shall HCR 20 be adopted?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. 200 HOUSE JOURNAL March 12, 2013]

HOUSE JOURNAL HJM 2, HCR 26, and H 281 were referred to the State Affairs Committee. OF THE H 276 was referred to the Revenue and Taxation Committee. IDAHO LEGISLATURE H 277 was referred to the Resources and Conservation Committee. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE H 278 was referred to the Agricultural Affairs Committee. H 279 was referred to the Transportation and Defense Committee. H 282 was referred to the Education Committee. SIXTY-FIFTH LEGISLATIVE DAY TUESDAY, MARCH 12, 2013 March 12, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND House of Representatives ADMINISTRATION, report that we have enrolled H 112, H 210, H 131, H 103, H 96, H 175, HCR 16, HCR 6, HCR 10, HCR 8, The House convened at 10:30 a.m., the Speaker in the Chair. H 168, H 169, H 139, and H 66, as amended in the Senate. WILLS, Chairman Roll call showed 67 members present. Absent and excused – Gestrin, Morse, Raybould. Total – 3. The Speaker announced he was about to sign enrolled Total – 70. H 112, H 210, H 131, H 103, H 96, H 175, HCR 16, HCR 6, HCR 10, HCR 8, H 168, H 169, H 139, and H 66, as amended Prayer was offered by Chaplain Tom Dougherty. in the Senate, and, when so signed, ordered them transmitted to The Pledge of Allegiance was led by Francesca Ghiorso, the Senate for the signature of the President. Page. March 12, 2013 Mr. Speaker: Approval of Journal We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have engrossed H 177, as March 12, 2013 amended in the Senate. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved H 177, as amended in the Senate, was filed for first reading the House Journal of the Sixty-fourth Legislative Day and of engrossed bills. recommend that same be adopted as corrected. March 12, 2013 WILLS, Chairman Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Burgoyne. Report adopted. ADMINISTRATION, report that we have transmitted enrolled H 10, H 153, H 109, H 163, and H 203 to the Governor at 11:23 a.m., as of this date, March 11, 2013. Consideration of Messages from the WILLS, Chairman Governor and the Senate March 11, 2013 March 11, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, I transmit herewith SCR 121, SCR 122, S 1142, S 1080, and report that we have had under consideration H 250 and S 1108 which have passed the Senate. recommend that it do pass. NOVAK, Secretary COLLINS, Chairman SCR 121, SCR 122, S 1142, S 1080, and S 1108 were filed H 250 was filed for second reading. for first reading. March 11, 2013 Mr. Speaker: Report of Standing Committees We, your COMMITTEE ON HEALTH AND WELFARE, report that we have had under consideration H 239 and March 12, 2013 S 1063 and recommend that they do pass. Mr. Speaker: WOOD(27), Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 25, H 239 and S 1063 were filed for second reading. HJM 2, HCR 26, H 276, H 277, H 278, H 279, H 280, H 281, H 282, H 283, H 284, and H 285. March 11, 2013 WILLS, Chairman Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we have HCR 25, H 280, H 283, H 284, and H 285 were filed for had under consideration S 1100 and recommend that it do pass. second reading. HENDERSON, Chairman [March 12, 2013 HOUSE JOURNAL 201

S 1100 was filed for second reading. There being no objection, the House advanced to the Seventh Order of Business. March 11, 2013 Mr. Speaker: Motions, Memorials, and Resolutions We, your COMMITTEE ON TRANSPORTATION AND DEFENSE, return misdirected H 273 to the Desk. SCR 121 and SCR 122, by State Affairs Committee, were PALMER, Chairman introduced, read the first time by title, and referred to the State Affairs Committee. H 273 was referred to Business. Introduction, First Reading, and Reference March 11, 2013 of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, HOUSE BILL NO. 286 AND ADMINISTRATION, report that we have had under BY REVENUE AND TAXATION COMMITTEE consideration H 256 and S 1033, as amended, and recommend AN ACT that they do pass. RELATING TO EDUCATION; AMENDING TITLE 33, WILLS, Chairman IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 57, TITLE 33, IDAHO CODE, TO PROVIDE A SHORT TITLE, H 256 and S 1033, as amended, were filed for second TO PROVIDE DEFINITIONS, TO ESTABLISH PROVISIONS reading. RELATING TO A TAX CREDIT FOR CONTRIBUTIONS MADE TO A SCHOLARSHIP GRANTING ORGANIZATION, March 12, 2013 TO ESTABLISH PROVISIONS RELATING TO THE DUTIES Mr. Speaker: AND RESPONSIBILITIES OF SCHOLARSHIP GRANTING We, your COMMITTEE ON RESOURCES AND ORGANIZATIONS, TO ESTABLISH PROVISIONS CONSERVATION, report that we have had under consideration RELATING TO THE DUTIES AND RESPONSIBILITIES S 1061 and S 1062, as amended, and recommend that they do OF THE STATE DEPARTMENT OF EDUCATION, TO pass. ESTABLISH PROVISIONS RELATING TO THE DUTIES DENNEY, Chairman AND RESPONSIBILITIES OF THE IDAHO STATE S 1061 and S 1062, as amended, were filed for second TAX COMMISSION, TO PROVIDE FOR RULES, TO reading. ESTABLISH PROVISIONS RELATING TO THE DUTIES AND RESPONSIBILITIES OF PARTICIPATING SCHOOLS, March 12, 2013 TO PROVIDE FOR LIMITATION OF REGULATORY Mr. Speaker: AUTHORITY AND TO PROVIDE THAT THE AMOUNT OF We, your COMMITTEE ON HEALTH AND WELFARE, A SCHOLARSHIP SHALL NOT BE TREATED AS INCOME report that we have had under consideration HCR 19 and OR AS A RESOURCE FOR CERTAIN PURPOSES. recommend that it do pass. WOOD(27), Chairman HOUSE BILL NO. 287 BY REVENUE AND TAXATION COMMITTEE HCR 19 was filed for second reading. AN ACT March 12, 2013 RELATING TO A CALCULATION FACTOR FOR Mr. Speaker: INFLATION IN THE STATE INCOME TAX LAW; We, your COMMITTEE ON HEALTH AND WELFARE, AMENDING SECTION 63-3024, IDAHO CODE, TO USE report that we have had under consideration S 1072, as amended, THE CHAINED CONSUMER PRICE INDEX FOR ALL and S 1116, as amended, and report them back with amendments URBAN CONSUMERS AS AN INFLATION CALCULATOR; attached to be placed on General Orders for consideration. DECLARING AN EMERGENCY AND PROVIDING WOOD(27), Chairman RETROACTIVE APPLICATION. S 1072, as amended, and S 1116, as amended, were placed HOUSE BILL NO. 288 on General Orders for consideration. BY HEALTH AND WELFARE COMMITTEE AN ACT March 12, 2013 RELATING TO THE MEDICAL ASSISTANCE Mr. Speaker: PROGRAM; AMENDING SECTION 56-255, IDAHO We, your COMMITTEE ON STATE AFFAIRS, report CODE, TO PROVIDE THAT PREGNANT WOMEN that we have had under consideration H 215 and HCR 18 and AND ADULTS ON THE ENHANCED BENEFIT PLAN recommend that they do pass. SHALL HAVE ACCESS TO DENTAL SERVICES THAT LOERTSCHER, Chairman REFLECT EVIDENCE-BASED PRACTICE AND TO MAKE TECHNICAL CORRECTIONS. H 215 and HCR 18 were filed for second reading. March 12, 2013 HOUSE BILL NO. 289 Mr. Speaker: BY HEALTH AND WELFARE COMMITTEE We, your COMMITTEE ON STATE AFFAIRS, report that AN ACT we have had under consideration H 231 and report it back RELATING TO FREE-MARKET HEALTH INSURANCE; with amendments attached to be placed on General Orders for AMENDING TITLE 41, IDAHO CODE, BY THE consideration. ADDITION OF A NEW CHAPTER 62, TITLE 41, IDAHO LOERTSCHER, Chairman CODE, TO PROVIDE A SHORT TITLE, TO STATE LEGISLATIVE PURPOSE AND INTENT, TO PROVIDE FOR H 231 was placed on General Orders for consideration. FREE-MARKET HEALTH PLANS TO BE OFFERED AS AN 202 HOUSE JOURNAL March 12, 2013]

ALTERNATIVE TO PLANS OFFERED IN AN EXCHANGE, AND BENEFIT PAYMENTS; PROVIDING LEGISLATIVE TO PROVIDE FOR THE TERMS OF FREE-MARKET INTENT FOR PROGRAM INTEGRITY; LIMITING HEALTH PLANS, TO PROVIDE THAT INDIVIDUALS TRANSFER OF LEGISLATIVE APPROPRIATIONS; WITH A HEALTH SAVINGS ACCOUNT OR MEDICAL CLARIFYING RESPONSIBILITY FOR EDUCATION OF SAVINGS ACCOUNT MAY USE SUCH ACCOUNTS TO CERTAIN CHILDREN IN STATE CARE; DIRECTING PAY PREMIUMS, TO PROVIDE FOR ENFORCEMENT AN INTERAGENCY PAYMENT FOR JUVENILE AND PENALTIES AND TO PROVIDE FOR RULEMAKING DETENTION CLINICIANS CONTRACT; PROVIDING AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. FOR COURT SERVICES FUND TRANSFERS; DIRECTING A NEW SUBSTANCE ABUSE TREATMENT AND HOUSE BILL NO. 290 PREVENTION NETWORK MANAGEMENT AND SERVICE BY HEALTH AND WELFARE COMMITTEE COORDINATION CONTRACT; AND PROVIDING AN ACT GUIDANCE FOR EMPLOYEE COMPENSATION. RELATING TO WEIGHT LIMITATIONS FOR MOTOR VEHICLES; AMENDING SECTION 49-1011, IDAHO CODE, H 286, H 287, H 288, H 289, H 290, H 291, H 292, and TO PROVIDE THAT VEHICLES OWNED AND OPERATED H 293 were introduced, read the first time by title, and referred to BY A FARMER OR HIS AGENT MAY BE OPERATED the Judiciary, Rules, and Administration Committee for printing. ON A HIGHWAY UP TO TWO THOUSAND POUNDS IN S 1142, by Finance Committee, was introduced, read the first EXCESS OF ANY AXLE, BRIDGE OR GROSS VEHICLE time by title, and filed for second reading. WEIGHT LIMIT, TO PROVIDE EXCEPTIONS AND TO MAKE TECHNICAL CORRECTIONS. S 1080 and S 1108, by State Affairs Committee, were introduced, read the first time by title, and referred to the State HOUSE BILL NO. 291 Affairs Committee. BY HEALTH AND WELFARE COMMITTEE First Reading of Engrossed Bills AN ACT RELATING TO HOSPITALIZATION OF THE H 177, as amended in the Senate, by State Affairs MENTALLY ILL; AMENDING SECTION 16-2411, IDAHO Committee, was introduced, read the first time by title, and filed CODE, TO PROVIDE THAT A MINOR WHO IS SUFFERING for second reading. FROM A SERIOUS EMOTIONAL DISTURBANCE AND POSES A DANGER TO HIMSELF OR OTHERS MAY Second Reading of Bills and Joint Resolutions BE TEMPORARILY DETAINED BY A HEALTH CARE HCR 23, HCR 24, H 245, and H 257, by State Affairs PROFESSIONAL WITHOUT A HEARING, TO DEFINE A Committee, were read the second time by title and filed for third TERM AND TO MAKE A TECHNICAL CORRECTION; reading. AMENDING SECTION 66-326, IDAHO CODE, TO PROVIDE THAT CERTAIN HEALTH CARE PROFESSIONALS MAY H 259, H 260, and H 261, by Education Committee, were TEMPORARILY DETAIN A MENTALLY ILL PATIENT read the second time by title and filed for third reading. IN AN EMERGENCY WITHOUT A HEARING; AND S 1093 and S 1097, as amended, by Education Committee, AMENDING SECTION 66-329, IDAHO CODE, TO PROVIDE were read the second time by title and filed for third reading. THAT CERTAIN HEALTH CARE PROFESSIONALS MAY COMMENCE PROCEEDINGS FOR THE INVOLUNTARY S 1128, S 1129, S 1130, S 1131, S 1132, S 1139, S 1140, CARE AND TREATMENT OF MENTALLY ILL PERSONS S 1143, and S 1144, by Finance Committee, were read the second BY THE DEPARTMENT OF HEALTH AND WELFARE AND time by title and filed for third reading. TO MAKE A TECHNICAL CORRECTION. Third Reading of Bills and Joint Resolutions HOUSE BILL NO. 292 Mr. Moyle asked unanimous consent that H 248 and BY HEALTH AND WELFARE COMMITTEE H 38 retain their places on the Third Reading Calendar for one AN ACT legislative day. There being no objection, it was so ordered. RELATING TO ASSAULT AND BATTERY; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE, BY THE ADDITION H 208 - LIVESTOCK OF A NEW SECTION 18-915C, IDAHO CODE, TO PROVIDE THAT ANY PERSON WHO COMMITS ASSAULT OR H 208 was read the third time at length, section by section, BATTERY UPON CERTAIN PERSONS SHALL BE SUBJECT and placed before the House for final consideration. TO A CERTAIN PUNISHMENT AND TO PROVIDE AN AFFIRMATIVE DEFENSE. At this time, the Speaker recognized Mr. Andrus to open debate. HOUSE BILL NO. 293 Pursuant to Rule 38(3), Mr. Loertscher disclosed a conflict BY APPROPRIATIONS COMMITTEE of interest regarding H 208. AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT Pursuant to Rule 38(3), Mrs. VanOrden disclosed a conflict OF HEALTH AND WELFARE FOR THE DIVISIONS of interest regarding H 208. OF MENTAL HEALTH SERVICES, PSYCHIATRIC The question being, "Shall H 208 pass?" HOSPITALIZATION AND SUBSTANCE ABUSE TREATMENT AND PREVENTION FOR FISCAL YEAR 2014; Roll call resulted as follows: LIMITING THE NUMBER OF AUTHORIZED FULL-TIME AYES – Anderson(01), Andrus, Bell, Bolz, Chew, Erpelding, EQUIVALENT POSITIONS; PROVIDING FOR GENERAL Eskridge, Gannon, Henderson, Holtzclaw, King, Kloc, McMillan, FUND TRANSFERS TO THE COOPERATIVE WELFARE Meline, Miller, Packer, Pence, Ringo, Rusche, Shepherd, Smith, FUND; DIRECTING EXPENDITURES FOR TRUSTEE Ward-Engelking, Wills, Woodings. Total – 24. [March 12, 2013 HOUSE JOURNAL 203

NAYS – Agidius, Anderson(31), Anderst, Barbieri, Barrett, Whereupon the Speaker declared that H 269 passed the Bateman, Batt, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, House. Title was approved and the bill ordered transmitted to DeMordaunt, Denney, Gibbs, Hancey, Harris, Hartgen, Hixon, the Senate. Horman, Kauffman, Loertscher, Luker, Malek, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, Perry, Romrell, Sims, H 270 - APPROPRIATIONS - DEPARTMENT OF WATER Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, RESOURCES Wood(27), Youngblood, Mr. Speaker. Total – 42. Absent and excused – Gestrin, Morse, Raybould, Wood(35). H 270 was read the third time at length, section by section, Total – 4. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Gibbs to open Whereupon the Speaker declared that H 208 failed to pass the debate. House and ordered the bill filed in the office of the Chief Clerk. The question being, "Shall H 270 pass?" H 138 - PLATS Roll call resulted as follows: H 138 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Denney, Erpelding, Eskridge, At this time, the Speaker recognized Mr. Malek to open Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, debate. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, The question being, "Shall H 138 pass?" Malek, Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Roll call resulted as follows: Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mr. Speaker. Total – 59. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – Barbieri, Boyle, Dayley, McMillan, Shepherd, Sims. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Total – 6. Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Absent and excused – Gestrin, Morse, Raybould, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Vander Woude, Wood(35). Total – 5. Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Total – 70. Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Whereupon the Speaker declared that H 270 passed the Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, House. Title was approved and the bill ordered transmitted to Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 64. the Senate. NAYS – None. Absent and excused – Gestrin, Henderson, Morse, Raybould, There being no objection, the House returned to the Seventh Vander Woude, Wood(35). Total – 6. Order of Business. Total – 70. Motions, Memorials, and Resolutions Whereupon the Speaker declared that H 138 passed the House. Title was approved and the bill ordered transmitted to HCR 23 - BUILDING SAFETY DIVISION - RULE the Senate. REJECTED H 269 - APPROPRIATIONS - DEPARTMENT OF LANDS Mr. Moyle moved that all rules of the House interfering with H 269 was read the third time at length, section by section, the immediate consideration of HCR 23 be suspended; that the and placed before the House for final consideration. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be At this time, the Speaker recognized Mr. Eskridge to open dispensed with, this being a case of urgency; and that HCR 23 be debate. read the first time by title, second time by title, and third time at length, and placed before the House for final consideration. The question being, "Shall H 269 pass?" Seconded by Mr. Rusche. Roll call resulted as follows: The question being, "Shall the rules be suspended?" AYES – Agidius, Anderson(01), Anderson(31), Anderst, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Roll call resulted as follows: Clow, Collins, Crane, DeMordaunt, Denney, Erpelding, Eskridge, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Horman, Kauffman, King, Kloc, Loertscher, Malek, Meline, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Miller, Moyle, Packer, Palmer, Patterson, Pence, Perry, Ringo, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Woodings, Youngblood, Mr. Speaker. Total – 55. Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, NAYS – Barbieri, Dayley, Harris, Luker, McMillan, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Mendive, Monks, Nielsen, Sims. Total – 9. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Absent and excused – Andrus, Gestrin, Morse, Raybould, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Vander Woude, Wood(35). Total – 6. Youngblood, Mr. Speaker. Total – 66. Total – 70. NAYS – None. 204 HOUSE JOURNAL March 12, 2013]

Absent and excused – Gestrin, Morse, Raybould, carried, the rules were suspended, and HCR 24 was read the first Vander Woude. Total – 4. time by title, second time by title, and third time at length, and Total – 70. placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mr. Thompson to open of the membership having voted in the affirmative, the motion debate. carried, the rules were suspended, and HCR 23 was read the first time by title, second time by title, and third time at length, and The question being, "Shall HCR 24 be adopted?" placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Thompson to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall HCR 23 be adopted?" Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, King, Kloc, Roll call resulted as follows: Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Moyle, Nielsen, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Woodings, Youngblood, Mr. Speaker. Total – 62. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – Kauffman, McMillan, Packer, Sims. Total – 4. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Absent and excused – Gestrin, Morse, Raybould, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Vander Woude. Total – 4. Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Total – 70. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared HCR 24 adopted and Youngblood, Mr. Speaker. Total – 66. ordered the resolution transmitted to the Senate. NAYS – None. Absent and excused – Gestrin, Morse, Raybould, Vander Woude. Total – 4. H 245 - ATHLETIC COMMISSION Total – 70. Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared HCR 23 adopted and the immediate consideration of H 245 be suspended; that the ordered the resolution transmitted to the Senate. portions of Section 15, Article 3 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 urgency; and that H 245 be HCR 24 - OCCUPATIONAL LICENSES BUREAU - RULE read the first time by title, second time by title, and third time at REJECTED length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of HCR 24 be suspended; that the The question being, "Shall the rules be suspended?" portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Roll call resulted as follows: dispensed with, this being a case of urgency; and that HCR 24 be AYES – Agidius, Anderson(01), Anderson(31), Anderst, read the first time by title, second time by title, and third time Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, at length, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Seconded by Mr. Rusche. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, The question being, "Shall the rules be suspended?" Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Roll call resulted as follows: Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Youngblood, Mr. Speaker. Total – 66. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – None. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Absent and excused – Gestrin, Morse, Raybould, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Vander Woude. Total – 4. Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Total – 70. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Whereupon the Speaker declared that more than two-thirds Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, of the membership having voted in the affirmative, the motion Youngblood, Mr. Speaker. Total – 66. carried, the rules were suspended, and H 245 was read the first NAYS – None. time by title, second time by title, and third time at length, section Absent and excused – Gestrin, Morse, Raybould, by section, and placed before the House for final consideration. Vander Woude. Total – 4. Total – 70. At this time, the Speaker recognized Mr. Loertscher to open debate. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion The question being, "Shall H 245 pass?" [March 12, 2013 HOUSE JOURNAL 205

Roll call resulted as follows: At this time, the Speaker recognized Ms. Sims to open AYES – Anderson(01), Anderson(31), Anderst, Andrus, debate. Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, interest regarding H 257. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Pursuant to Rule 38(3), Mr. Vander Woude disclosed a Malek, Meline, Mendive, Miller, Moyle, Packer, Palmer, Pence, conflict of interest regarding H 257. Perry, Ringo, Romrell, Rusche, Smith, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), The question being, "Shall H 257 pass?" Woodings, Youngblood, Mr. Speaker. Total – 56. NAYS – Agidius, Boyle, Harris, McMillan, Monks, Nielsen, Roll call resulted as follows: Patterson, Shepherd, Sims, Stevenson. Total – 10. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Absent and excused – Gestrin, Morse, Raybould, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude. Total – 4. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Total – 70. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Whereupon the Speaker declared that H 245 passed the King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, House. Title was approved and the bill ordered transmitted to Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, the Senate. Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Mr. Moyle asked unanimous consent that the House recess Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), until 1:30 p.m. Woodings, Youngblood, Mr. Speaker. Total – 67. Without objection, the Speaker declared the House at recess NAYS – None. until 1:30 p.m. Absent and excused – Gestrin, Morse, Raybould. Total – 3. RECESS Total – 70. Afternoon Session Whereupon the Speaker declared that H 257 passed the House. Title was approved and the bill ordered transmitted to The House reconvened at 1:30 p.m., the Speaker in the Chair. the Senate. Prior to recess, the House was at the Seventh Order of Business. H 261 - EDUCATION Mr. Moyle moved that all rules of the House interfering with H 257 - BEER AND WINE the immediate consideration of H 261 be suspended; that the Mr. Moyle moved that all rules of the House interfering with portions of Section 15, Article 3 of the Constitution of the State the immediate consideration of H 257 be suspended; that the of Idaho, requiring all bills to be read on three several days be portions of Section 15, Article 3 of the Constitution of the State dispensed with, this being a case of urgency; and that H 261 be of Idaho, requiring all bills to be read on three several days be read the first time by title, second time by title, and third time at dispensed with, this being a case of urgency; and that H 257 be length, section by section, and placed before the House for final read the first time by title, second time by title, and third time at consideration. Seconded by Mr. Rusche. length, section by section, and placed before the House for final The question being, "Shall the rules be suspended?" consideration. Seconded by Mr. Rusche. Roll call resulted as follows: The question being, "Shall the rules be suspended?" AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Roll call resulted as follows: Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Youngblood, Mr. Speaker. Total – 66. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, NAYS – None. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Absent and excused – Gestrin, Morse, Raybould, Youngblood, Mr. Speaker. Total – 66. Vander Woude. Total – 4. NAYS – None. Total – 70. Absent and excused – Gestrin, Morse, Raybould, Vander Woude. Total – 4. Whereupon the Speaker declared that more than two-thirds Total – 70. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 261 was read the first Whereupon the Speaker declared that more than two-thirds time by title, second time by title, and third time at length, section of the membership having voted in the affirmative, the motion by section, and placed before the House for final consideration. carried, the rules were suspended, and H 257 was read the first time by title, second time by title, and third time at length, section At this time, the Speaker recognized Mrs. Agidius to open by section, and placed before the House for final consideration. debate. 206 HOUSE JOURNAL March 12, 2013]

The question being, "Shall H 261 pass?" Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Roll call resulted as follows: Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Youngblood, Mr. Speaker. Total – 66. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), NAYS – McMillan. Total – 1. Woodings, Youngblood, Mr. Speaker. Total – 67. Absent and excused – Gestrin, Morse, Raybould. Total – 3. NAYS – None. Total – 70. Absent and excused – Gestrin, Morse, Raybould. Total – 3. Total – 70. Whereupon the Speaker declared that S 1113 passed the House. Title was approved and the bill ordered returned to the Whereupon the Speaker declared that H 261 passed the Senate. House. Title was approved and the bill ordered transmitted to the Senate. S 1007 - MOTOR VEHICLE REGISTRATION There being no objection, the House advanced to the S 1007 was read the third time at length, section by section, Eleventh Order of Business. and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Packer to open Third Reading of Bills and Joint Resolutions debate. Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of interest regarding S 1007. S 1055 - EDUCATION The question being, "Shall S 1007 pass?" S 1055 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Kloc to open debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, The question being, "Shall S 1055 pass?" Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Roll call resulted as follows: Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, AYES – Agidius, Anderson(01), Anderson(31), Anderst, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Denney, Erpelding, Gannon, Gibbs, Hancey, Harris, Hartgen, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Woodings, Youngblood, Mr. Speaker. Total – 67. Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, NAYS – None. Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Absent and excused – Gestrin, Morse, Raybould. Total – 3. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared that S 1007 passed the Youngblood, Mr. Speaker. Total – 66. House. Title was approved and the bill ordered returned to the NAYS – None. Senate. Absent and excused – Eskridge, Gestrin, Morse, Raybould. Total – 4. S 1008 - MOTOR VEHICLE SALVAGE CERTIFICATES Total – 70. S 1008 was read the third time at length, section by section, Whereupon the Speaker declared that S 1055 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mrs. Wood(35) to open debate. S 1113 - APPROPRIATIONS - SELF-GOVERNING AGENCIES - MEDICAL BOARDS The question being, "Shall S 1008 pass?"

S 1113 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Youngblood to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, The question being, "Shall S 1113 pass?" Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, [March 12, 2013 HOUSE JOURNAL 207

King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Whereupon the Speaker declared that S 1092 passed the Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, House. Title was approved and the bill ordered returned to the Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Senate. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), S 1120 - APPROPRIATION - LIEUTENANT GOVERNOR Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – None. S 1120 was read the third time at length, section by section, Absent and excused – Gestrin, Morse, Raybould. Total – 3. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Thompson to open Whereupon the Speaker declared that S 1008 passed the debate. House. Title was approved and the bill ordered returned to the Senate. The question being, "Shall S 1120 pass?"

S 1024 - SHEEP AND GOAT HEALTH BOARD Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, S 1024 was read the third time at length, section by section, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, At this time, the Speaker recognized Mrs. McMillan to open Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, debate. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, The question being, "Shall S 1024 pass?" Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Roll call resulted as follows: Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Woodings, Youngblood, Mr. Speaker. Total – 67. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – None. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Absent and excused – Gestrin, Morse, Raybould. Total – 3. Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Total – 70. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Whereupon the Speaker declared that S 1120 passed the Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, House. Title was approved and the bill ordered returned to the Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Senate. Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 64. S 1043 - MOTOR VEHICLE DRIVER'S LICENSES - NAYS – Burgoyne, Ringo, Woodings. Total – 3. IDENTIFICATION CARDS Absent and excused – Gestrin, Morse, Raybould. Total – 3. Total – 70. S 1043 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1024 passed the House. Title was approved and the bill ordered returned to the At this time, the Speaker recognized Mr. Eskridge and Senate. Mr. Bateman to open debate.

S 1092 - EDUCATION The question being, "Shall S 1043 pass?" S 1092 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mr. Wills to open Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, debate. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, The question being, "Shall S 1092 pass?" King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Roll call resulted as follows: Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 67. Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, NAYS – None. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Gestrin, Morse, Raybould. Total – 3. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Total – 70. Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Ringo, Romrell, Rusche, Shepherd, Whereupon the Speaker declared that S 1043 passed the Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, House. Title was approved and the bill ordered returned to the Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Senate. Woodings, Youngblood, Mr. Speaker. Total – 67. NAYS – None. Mr. Moyle asked unanimous consent that the remaining Absent and excused – Gestrin, Morse, Raybould. Total – 3. bills on the Third Reading Calendar retain their places for one Total – 70. legislative day. There being no objection, it was so ordered. 208 HOUSE JOURNAL March 12, 2013]

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Wednesday, March 13, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:08 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 13, 2013 HOUSE JOURNAL 209

HOUSE JOURNAL I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House OF THE bills, to wit: H 7, H 8, H 9, H 11, H 28, H 86, H 93, H 128, H 129, H 132, IDAHO LEGISLATURE and H 137 FIRST REGULAR SESSION As Always - Idaho, "Esto Perpetua" SIXTY-SECOND LEGISLATURE /s/ C.L. "Butch" Otter Governor March 12, 2013 Mr. Speaker: I return herewith enrolled H 112, H 210, H 131, H 103, H 96, SIXTY-SIXTH LEGISLATIVE DAY H 175, H 168, H 169, H 139, and H 66, as amended in the Senate, WEDNESDAY, MARCH 13, 2013 which have been signed by the President. NOVAK, Secretary House of Representatives Enrolled H 112, H 210, H 131, H 103, H 96, H 175, H 168, H 169, H 139, and H 66, as amended in the Senate, were The House convened at 9:30 a.m., the Speaker in the Chair. referred to the Judiciary, Rules, and Administration Committee Roll call showed all 70 members present. for delivery to the Governor. Prayer was offered by Chaplain Tom Dougherty. March 12, 2013 Mr. Speaker: The Pledge of Allegiance was led by Esther Frederick, Page. I return herewith enrolled HCR 7, HCR 16, HCR 6, HCR 10, and HCR 8 which have been signed by the President. Approval of Journal NOVAK, Secretary March 13, 2013 Enrolled HCR 7, HCR 16, HCR 6, HCR 10, and Mr. Speaker: HCR 8 were referred to the Judiciary, Rules, and Administration We, your COMMITTEE ON JUDICIARY, RULES, AND Committee for delivery to the Secretary of State. ADMINISTRATION, report that we have read and approved the House Journal of the Sixty-fifth Legislative Day and recommend March 12, 2013 that same be adopted as corrected. Mr. Speaker: WILLS, Chairman I transmit herewith S 1079, S 1059, as amended, S 1018, as amended, as amended, S 1045, as amended, S 1105, and Mr. Wills moved that the report be adopted. Seconded by S 1112 which have passed the Senate. Mr. Burgoyne. Report adopted. NOVAK, Secretary Consideration of Messages from the S 1079, S 1059, as amended, S 1018, as amended, as Governor and the Senate amended, S 1045, as amended, S 1105, and S 1112 were filed OFFICE OF THE GOVERNOR for first reading. Boise March 12, 2013 March 12, 2013 Mr. Speaker: I return herewith H 141, H 233, H 234, H 235, H 236, H 237, The Honorable Scott Bedke H 238, H 184, and H 187 which have passed the Senate. Speaker of the House NOVAK, Secretary Dear Mr. Speaker: H 141, H 233, H 234, H 235, H 236, H 237, H 238, I have the honor to advise you that I have signed today and H 184, and H 187 were referred to the Judiciary, Rules, and am transmitting to the Secretary of State the following House Administration Committee for enrolling. bills, to wit: March 12, 2013 H 42, H 47, H 48, H 49, H 50, H 82, H 89, H 122, H 123, H 166, Mr. Speaker: H 174, and H 180 I return herewith H 130, as amended in the Senate, and H 167, as amended in the Senate, which have passed the Senate. As Always - Idaho, "Esto Perpetua" NOVAK, Secretary /s/ C.L. "Butch" Otter Governor H 130, as amended in the Senate, and H 167, as amended in OFFICE OF THE GOVERNOR the Senate, were ordered held at the Desk. Boise Mr. Raybould asked unanimous consent that the House March 12, 2013 concur in the Senate amendments to H 130, as amended in the Senate. There being no objection, it was so ordered. The Honorable Scott Bedke Speaker of the House Mrs. Wood(35) asked unanimous consent that the House concur in the Senate amendments to H 167, as amended in the Dear Mr. Speaker: Senate. There being no objection, it was so ordered. 210 HOUSE JOURNAL March 13, 2013]

H 130, as amended in the Senate, and H 167, as amended DISCLOSURES BY PROPRIETARY SCHOOLS TO in the Senate, were referred to the Judiciary, Rules, and STUDENTS, TO ESTABLISH PROVISIONS RELATING TO Administration Committee for engrossing. RESCINDING A CONTRACT, TO PROVIDE FOR REFUNDS AND TO DEFINE TERMS. Report of Standing Committees Mr. Andrus asked unanimous consent that H 111 be returned to the Agricultural Affairs Committee. There being no objection, HOUSE BILL NO. 295 it was so ordered. BY EDUCATION COMMITTEE AN ACT March 13, 2013 RELATING TO THE EDUCATIONAL SUPPORT Mr. Speaker: PROGRAM; AMENDING SECTION 33-1002, IDAHO We, your COMMITTEE ON JUDICIARY, RULES, AND CODE, TO REVISE PROVISIONS RELATING TO THE ADMINISTRATION, report that we have printed H 286, H 287, DETERMINATION OF CERTAIN DISTRICT SUPPORT H 288, H 289, H 290, H 291, H 292, and H 293. UNITS AND TO REVISE PROVISIONS RELATING WILLS, Chairman TO A DISTRICT'S TOTAL ALLOWANCE FOR THE H 286 and H 287 were referred to the Revenue and Taxation EDUCATIONAL SUPPORT PROGRAM; AND DECLARING Committee. AN EMERGENCY. H 288 and H 291 were referred to the Health and Welfare H 294 and H 295 were introduced, read the first time by Committee. title, and referred to the Judiciary, Rules, and Administration Committee for printing. H 289 was referred to the Business Committee. S 1079, by State Affairs Committee, was introduced, read H 290 was referred to the Transportation and Defense the first time by title, and referred to the Judiciary, Rules, and Committee. Administration Committee. H 292 was referred to the Judiciary, Rules, and S 1059, as amended, and S 1018, as amended, as amended, Administration Committee. by Judiciary and Rules Committee, were introduced, read the first time by title, and referred to the Judiciary, Rules, and H 293 was filed for second reading. Administration Committee. March 12, 2013 S 1045, as amended, by Transportation Committee, was Mr. Speaker: introduced, read the first time by title, and referred to the We, your COMMITTEE ON TRANSPORTATION AND Commerce and Human Resources Committee. DEFENSE, report that we have had under consideration S 1064 and recommend that it do pass. S 1105, by State Affairs Committee, was introduced, read the PALMER, Chairman first time by title, and referred to the State Affairs Committee. S 1064 was filed for second reading. S 1112, by State Affairs Committee, was introduced, read the March 12, 2013 first time by title, and referred to the Environment, Energy, and Mr. Speaker: Technology Committee. We, your COMMITTEE ON STATE AFFAIRS, report that There being no objection, the House advanced to the Tenth we have had under consideration H 258 and recommend that it Order of Business. do pass. LOERTSCHER, Chairman Second Reading of Bills and Joint Resolutions H 258 was filed for second reading. HCR 25, H 280, H 256, H 215, HCR 18, and H 177, as amended in the Senate, by State Affairs Committee, were read March 13, 2013 the second time by title and filed for third reading. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that H 283, H 284, and H 285, by Appropriations Committee, we have had under consideration S 1029 and recommend that it were read the second time by title and filed for third reading. do pass. LOERTSCHER, Chairman H 250, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. S 1029 was filed for second reading. H 239 and HCR 19, by Health and Welfare Committee, were There being no objection, the House advanced to the Eighth read the second time by title and filed for third reading. Order of Business. S 1063 and S 1100, by Health and Welfare Committee, were Introduction, First Reading, and Reference read the second time by title and filed for third reading. of Bills and Joint Resolutions S 1033, as amended, by Judiciary and Rules Committee, was HOUSE BILL NO. 294 read the second time by title and filed for third reading. BY EDUCATION COMMITTEE S 1061 and S 1062, as amended, by Resources and AN ACT Environment Committee, were read the second time by title and RELATING TO PROPRIETARY SCHOOLS; AMENDING filed for third reading. CHAPTER 24, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2410, IDAHO CODE, TO S 1142, by Finance Committee, was read the second time by ESTABLISH PROVISIONS RELATING TO REQUIRED title and filed for third reading. [March 13, 2013 HOUSE JOURNAL 211

Third Reading of Bills and Joint Resolutions VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 41. H 248 - HEALTH INSURANCE EXCHANGE NAYS – Agidius, Andrus, Barbieri, Barrett, Bateman, Batt, Boyle, Crane, Dayley, DeMordaunt, Denney, Gestrin, Harris, H 248 was read the third time at length, section by section, Holtzclaw, Loertscher, Luker, McMillan, Mendive, Monks, and placed before the House for final consideration. Moyle, Nielsen, Palmer, Patterson, Shepherd, Sims, Stevenson, Trujillo, Vander Woude, Wood(35). Total – 29. At this time, the Speaker recognized Mr. Wood(27) to open Total – 70. debate. Whereupon the Speaker declared that H 248 passed the Pursuant to Rule 38(3), Mr. Wood(27) disclosed a conflict of House. Title was approved and the bill ordered transmitted to interest regarding H 248. the Senate. Mr. Barbieri moved that H 248 be placed on General Orders Mr. Moyle asked unanimous consent that the remaining for consideration. Seconded by Ms. Sims. bills on the Third Reading Calendar retain their places for one The question being, "Shall the motion carry?" legislative day. There being no objection, it was so ordered. There being no objection, the House returned to the Fifth Roll call resulted as follows: Order of Business. AYES – Agidius, Andrus, Barbieri, Barrett, Bateman, Batt, Boyle, Collins, Crane, Dayley, DeMordaunt, Denney, Gestrin, Report of Standing Committees Harris, Hartgen, Holtzclaw, Loertscher, Luker, McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, Shepherd, March 13, 2013 Sims, Stevenson, Thompson, Trujillo, Vander Woude, Wood(35). Mr. Speaker: Total – 32. We, your COMMITTEE ON STATE AFFAIRS, report that NAYS – Anderson(01), Anderson(31), Anderst, Bell, Bolz, we have had under consideration H 265 and report it back Burgoyne, Chew, Clow, Erpelding, Eskridge, Gannon, Gibbs, with amendments attached to be placed on General Orders for Hancey, Henderson, Hixon, Horman, Kauffman, King, Kloc, consideration. Malek, Meline, Miller, Morse, Packer, Pence, Perry, Raybould, LOERTSCHER, Chairman Ringo, Romrell, Rusche, Smith, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. H 265 was placed on General Orders for consideration. Total – 38. Total – 70. Mr. Anderson(1) asked unanimous consent that H 143 be referred to the Ways and Means Committee. There being no Whereupon the Speaker declared the motion failed. objection, it was so ordered. Mr. Moyle moved that the House recess until Mrs. Wood(35) asked unanimous consent that S 1006, 1 p.m. Seconded by Mr. Rusche. Motion carried. as amended, be returned to the Third Reading Calendar from General Orders. There being no objection, it was so ordered. Whereupon the Speaker declared the House at recess until 1 p.m. There being no objection, the House advanced to the RECESS Sixteenth Order of Business. Afternoon Session Adjournment The House reconvened at 1 p.m., the Speaker in the Chair. Mr. Moyle moved that the House adjourn until 10:30 a.m., Prior to recess, the House was at the Eleventh Order of Thursday, March 14, 2013. Seconded by Mr. Rusche. Motion Business. carried. H 248, having previously been read the third time at length, Whereupon the Speaker declared the House adjourned at was before the House for final consideration. 5:59 p.m. SCOTT BEDKE, Speaker Pursuant to Rule 38(3), Mrs. Horman disclosed a conflict of interest regarding H 248. ATTEST: BONNIE ALEXANDER, Chief Clerk Pursuant to Rule 38(3), Mrs. Packer disclosed a conflict of interest regarding H 248. Pursuant to Rule 38(3), Mr. Malek disclosed a conflict of interest regarding H 248. The question being, "Shall H 248 pass?"

Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Kloc, Malek, Meline, Miller, Morse, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Thompson, 212 HOUSE JOURNAL March 14, 2013]

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1055, S 1113, S 1007, S 1008, S 1024, S 1092, S 1120, and OF THE S 1043 and, when so signed, ordered them returned to the Senate. March 12, 2013 IDAHO LEGISLATURE Mr. Speaker: I return herewith H 26, H 44, H 46, H 118, H 117, H 188, FIRST REGULAR SESSION H 211, H 140, H 107, H 161, and H 181 which have passed the SIXTY-SECOND LEGISLATURE Senate. NOVAK, Secretary H 26, H 44, H 46, H 118, H 117, H 188, H 211, H 140, H 107, H 161, and H 181 were referred to the Judiciary, Rules, SIXTY-SEVENTH LEGISLATIVE DAY and Administration Committee for enrolling. THURSDAY, MARCH 14, 2013 March 13, 2013 Mr. Speaker: House of Representatives I return herewith HJM 1, H 55, H 251, H 253, and H 255 which have passed the Senate. The House convened at 10:30 a.m., the Speaker in the Chair. NOVAK, Secretary Roll call showed all 70 members present. HJM 1, H 55, H 251, H 253, and H 255 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Jenevieve Mingus, Report of Standing Committees Page. Approval of Journal March 14, 2013 Mr. Speaker: March 14, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have printed H 294 and We, your COMMITTEE ON JUDICIARY, RULES, AND H 295. ADMINISTRATION, report that we have read and approved the WILLS, Chairman House Journal of the Sixty-sixth Legislative Day and recommend that same be adopted as corrected. H 294 and H 295 were referred to the Education Committee. WILLS, Chairman March 14, 2013 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 141, H 233, Consideration of Messages from the H 234, H 235, H 236, H 237, H 238, H 184, and H 187. Governor and the Senate WILLS, Chairman OFFICE OF THE GOVERNOR The Speaker announced he was about to sign enrolled Boise H 141, H 233, H 234, H 235, H 236, H 237, H 238, H 184, and H 187 and, when so signed, ordered them transmitted to the March 13, 2013 Senate for the signature of the President. The Honorable Scott Bedke March 14, 2013 Speaker of the House Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Dear Mr. Speaker: ADMINISTRATION, report that we have engrossed H 130, as I have the honor to advise you that I have signed today and amended in the Senate, and H 167, as amended in the Senate. am transmitting to the Secretary of State the following House WILLS, Chairman bills, to wit: H 130, as amended in the Senate, and H 167, as amended in H 10, H 109, H 153, H 163, and H 203 the Senate, were filed for first reading of engrossed bills. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter March 14, 2013 Governor Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 13, 2013 ADMINISTRATION, report that we have transmitted enrolled Mr. Speaker: H 112, H 210, H 131, H 103, H 96, H 175, H 168, H 169, I transmit herewith enrolled S 1055, S 1113, S 1007, S 1008, H 139, and H 66, as amended in the Senate, to the Governor at S 1024, S 1092, S 1120, and S 1043 for the signature of the 10:30 a.m., as of this date, March 13, 2013. Speaker. WILLS, Chairman NOVAK, Secretary [March 14, 2013 HOUSE JOURNAL 213

March 14, 2013 REAPPROPRIATION FOR AMERICAN RECOVERY AND Mr. Speaker: REINVESTMENT ACT FUNDS; AND AUTHORIZING A We, your COMMITTEE ON JUDICIARY, RULES, AND TRANSFER OF FUNDS FOR DEBT SERVICE. ADMINISTRATION, report that we have transmitted enrolled HCR 7, HCR 16, HCR 6, HCR 10, and HCR 8 to the Secretary HOUSE BILL NO. 298 of State at 10:26 a.m., as of this date, March 13, 2013. BY APPROPRIATIONS COMMITTEE WILLS, Chairman AN ACT APPROPRIATING MONEYS TO THE IDAHO STATE March 13, 2013 HISTORICAL SOCIETY FOR FISCAL YEAR 2014; Mr. Speaker: LIMITING THE NUMBER OF AUTHORIZED FULL-TIME We, your COMMITTEE ON HEALTH AND WELFARE, EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE report that we have had under consideration H 268 and FOR EMPLOYEE COMPENSATION. recommend that it do pass. WOOD(27), Chairman HOUSE BILL NO. 299 BY APPROPRIATIONS COMMITTEE H 268 was filed for second reading. AN ACT March 13, 2013 APPROPRIATING MONEYS TO THE DIVISION OF Mr. Speaker: FINANCIAL MANAGEMENT FOR FISCAL YEAR 2014; We, your COMMITTEE ON REVENUE AND TAXATION, LIMITING THE NUMBER OF FULL-TIME EQUIVALENT report that we have had under consideration S 1107, as amended, POSITIONS; AND PROVIDING GUIDANCE FOR and S 1111 and recommend that they do pass. EMPLOYEE COMPENSATION. COLLINS, Chairman HOUSE BILL NO. 300 S 1107, as amended, and S 1111 were filed for second BY APPROPRIATIONS COMMITTEE reading. AN ACT APPROPRIATING MONEYS TO THE LEGISLATIVE March 14, 2013 COUNCIL FOR FISCAL YEAR 2014; EXEMPTING Mr. Speaker: APPROPRIATION OBJECT AND PROGRAM TRANSFER We, your COMMITTEE ON EDUCATION, report that LIMITATIONS; REAPPROPRIATING CERTAIN we have had under consideration H 275 and SCR 120 and UNEXPENDED AND UNENCUMBERED BALANCES; recommend that they do pass. PROVIDING THAT THE PRESIDENT PRO TEMPORE DEMORDAUNT, Chairman OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL DIRECT THE STATE H 275 and SCR 120 were filed for second reading. CONTROLLER TO LIMIT THE FUNDS TRANSFER TO THE LEGISLATIVE FUND FOR FISCAL YEAR There being no objection, the House advanced to the Eighth 2014; AND PROVIDING GUIDANCE FOR EMPLOYEE Order of Business. COMPENSATION.

Introduction, First Reading, and Reference HOUSE BILL NO. 301 of Bills and Joint Resolutions BY APPROPRIATIONS COMMITTEE AN ACT HOUSE BILL NO. 296 APPROPRIATING MONEYS TO THE EXECUTIVE BY APPROPRIATIONS COMMITTEE OFFICE OF THE GOVERNOR FOR FISCAL YEAR 2014; AN ACT LIMITING THE NUMBER OF FULL-TIME EQUIVALENT APPROPRIATING MONEYS TO THE COMMISSION POSITIONS; EXEMPTING APPROPRIATION OBJECT AND FOR PARDONS AND PAROLE FOR FISCAL YEAR 2014; PROGRAM TRANSFER LIMITATIONS; AND PROVIDING LIMITING THE NUMBER OF FULL-TIME EQUIVALENT GUIDANCE FOR EMPLOYEE COMPENSATION. POSITIONS; AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION. HOUSE BILL NO. 302 BY APPROPRIATIONS COMMITTEE HOUSE BILL NO. 297 AN ACT BY APPROPRIATIONS COMMITTEE APPROPRIATING MONEYS TO THE MILITARY AN ACT DIVISION FOR FISCAL YEAR 2014; LIMITING THE APPROPRIATING MONEYS TO THE IDAHO NUMBER OF FULL-TIME EQUIVALENT POSITIONS; TRANSPORTATION DEPARTMENT FOR FISCAL YEAR GRANTING A CONTINUOUS APPROPRIATION FOR A 2014; LIMITING THE NUMBER OF AUTHORIZED CERTAIN FUND; AND PROVIDING GUIDANCE FOR FULL-TIME EQUIVALENT POSITIONS; PROVIDING EMPLOYEE COMPENSATION. GUIDANCE FOR EMPLOYEE COMPENSATION; EXPRESSING LEGISLATIVE INTENT WITH REGARD HOUSE BILL NO. 303 TO CERTAIN MONEYS BEING CONTINUOUSLY BY APPROPRIATIONS COMMITTEE APPROPRIATED; AUTHORIZING THE TRANSFER AN ACT OF HIGHWAY FUNDS TO THE TOURISM AND APPROPRIATING MONEYS TO THE IDAHO STATE PROMOTION FUND; PROVIDING REAPPROPRIATION POLICE FOR FISCAL YEAR 2014; LIMITING THE FOR CONTRACT CONSTRUCTION AND RIGHT-OF-WAY NUMBER OF FULL-TIME EQUIVALENT POSITIONS; ACQUISITION; PROVIDING REAPPROPRIATION FOR AND PROVIDING GUIDANCE FOR EMPLOYEE AIRPORT DEVELOPMENT GRANTS; PROVIDING COMPENSATION. 214 HOUSE JOURNAL March 14, 2013]

HOUSE BILL NO. 304 Consideration of General Orders BY APPROPRIATIONS COMMITTEE AN ACT Mr. Moyle moved that the House do now resolve itself into a APPROPRIATING MONEYS TO THE IDAHO STATE Committee of the Whole House for the consideration of General POLICE FOR BRAND INSPECTION AND THE RACING Orders. Seconded by Mr. Rusche. Motion carried. COMMISSION FOR FISCAL YEAR 2014; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT Whereupon the House resolved itself into a Committee of POSITIONS FOR BRAND INSPECTION; LIMITING THE the Whole House for the consideration of General Orders with NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT Mr. Crane in the Chair. POSITIONS FOR THE RACING COMMISSION; When the Committee of the Whole House rose, AND PROVIDING GUIDANCE FOR EMPLOYEE the Speaker returned to the Chair and the House was in order. COMPENSATION.

HOUSE BILL NO. 305 Report of the Committee of the Whole House BY APPROPRIATIONS COMMITTEE AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT March 14, 2013 OF JUVENILE CORRECTIONS FOR FISCAL YEAR 2014; Mr. Speaker: LIMITING THE NUMBER OF FULL-TIME EQUIVALENT We, your COMMITTEE OF THE WHOLE HOUSE, report POSITIONS; AND PROVIDING GUIDANCE FOR that we have had under consideration H 231 and H 265 and report EMPLOYEE COMPENSATION. them back without recommendation, amended as follows:

HOUSE BILL NO. 306 HOUSE AMENDMENT TO H.B. NO. 231 BY APPROPRIATIONS COMMITTEE AN ACT AMENDMENT TO THE BILL APPROPRIATING MONEYS TO THE SUPREME On page 1 of the printed bill, following line 20, insert: COURT FOR FISCAL YEAR 2014; EXEMPTING "SECTION 2. That Section 67-2808, Idaho Code, be, and the APPROPRIATION FROM OBJECT AND PROGRAM same is hereby amended to read as follows: TRANSFER LIMITATIONS; AND PROVIDING GUIDANCE FOR NON-JUDICIAL EMPLOYEE COMPENSATION. 67-2808. EMERGENCY EXPENDITURES – SOLE SOURCE EXPENDITURES. (1) Emergency expenditures. HOUSE BILL NO. 307 (a) The governing board of a political subdivision may BY EDUCATION COMMITTEE declare that an emergency exists and that the public interest AN ACT and necessity demand the immediate expenditure of public RELATING TO EDUCATION; AMENDING SECTION money if: 33-1004E, IDAHO CODE, TO PROVIDE FOR THE USE OF (i) There is a great public calamity, such as an CERTAIN FUNDS FOR FISCAL YEAR 2014. extraordinary fire, flood, storm, epidemic or other disaster; H 296, H 297, H 298, H 299, H 300, H 301, H 302, (ii) It is necessary to do emergency work to prepare H 303, H 304, H 305, H 306, and H 307 were introduced, read for the national or local defense; or the first time by title, and referred to the Judiciary, Rules, and (iii) It is necessary to do emergency work to safeguard Administration Committee for printing. life, health or property. First Reading of Engrossed Bills (b) Upon making the declaration of emergency, any sum required in the emergency may be expended without H 130, as amended in the Senate, by Resources and compliance with formal bidding procedures. Conservation Committee, was introduced, read the first time by (2) Sole source expenditures. title, and filed for second reading. (a) The governing board of a political subdivision may declare that there is only one (1) vendor if there is only H 167, as amended in the Senate, by Transportation and one (1) vendor for the public works construction, services Defense Committee, was introduced, read the first time by title, or personal property to be acquired. For purposes of this and filed for second reading. subsection (2), only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and Second Reading of Bills and Joint Resolutions shall include, but not be limited to, the following situations: H 293, by Appropriations Committee, was read the second (i) Where public works construction, services time by title and filed for third reading. or personal property is required to respond to a life-threatening situation or a situation which is S 1064, by Transportation Committee, was read the second immediately detrimental to the public welfare or time by title and filed for third reading. property; (ii) Where the compatibility of equipment, H 258, by State Affairs Committee, was read the second time components, accessories, computer software, by title and filed for third reading. replacement parts or service is the paramount consideration; S 1029, by State Affairs Committee, was read the second (iii) Where a sole supplier's item is needed for trial use time by title and filed for third reading. or testing; There being no objection, the House advanced to the Twelfth (iv) The purchase of mass-produced movies, videos, Order of Business. books or other copyrighted materials; [March 14, 2013 HOUSE JOURNAL 215

(v) The purchase of public works construction, Third Reading of Bills and Joint Resolutions services or personal property for which it is determined there is no functional equivalent; Mr. Moyle asked unanimous consent that H 38 retain its (vi) The purchase of public utility services; place on the Third Reading Calendar for one legislative day. (vii) The purchase of products, merchandise or There being no objection, it was so ordered. trademarked goods for resale at a political subdivision facility; or H 259 - EDUCATION (viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the H 259 was read the third time at length, section by section, circumstances. and placed before the House for final consideration. (b) Upon making the declaration that there is only one (1) At this time, the Speaker recognized Ms. Boyle to open vendor for public works construction, services or personal debate. property, unless the public works construction, services or personal property is required for a life-threatening situation The question being, "Shall H 259 pass?" or a situation that is immediately detrimental to the public welfare or property, notice of a sole source procurement Roll call resulted as follows: shall be published in the official newspaper of the political AYES – Agidius, Anderson(01), Anderson(31), Anderst, subdivision at least fourteen (14) calendar days prior to the Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Boyle, Clow, award of the contract.". Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Gibbs, Hancey, Harris, Henderson, Hixon, Holtzclaw, Horman, CORRECTION TO TITLE Kauffman, Loertscher, Luker, Malek, McMillan, Mendive, On page 1, in line 3, following "WORKS" insert: "; Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AND AMENDING SECTION 67-2808, IDAHO CODE, Pence, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, TO PROVIDE FOR PUBLIC WORKS CONSTRUCTION, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), SERVICES OR PERSONAL PROPERTY AND TO MAKE A Wood(35), Youngblood, Mr. Speaker. Total – 56. TECHNICAL CORRECTION". NAYS – Bolz, Burgoyne, Chew, Erpelding, Gannon, King, Kloc, Meline, Ringo, Rusche, Smith, Ward-Engelking, HOUSE AMENDMENT TO H.B. NO. 265 Woodings. Total – 13. AMENDMENT TO SECTION 1 Absent and excused – Hartgen. Total – 1. On page 1 of the printed bill, in line 8, following "WORK." Total – 70. insert: "(1)"; in line 12, delete ", other than public work described Whereupon the Speaker declared that H 259 passed the in section"; in line 13, delete "54-1903(i), Idaho Code,"; and House. Title was approved and the bill ordered transmitted to following line 15, insert: the Senate. "(2) The provisions of this section shall not apply to public construction, maintenance and repair work that is performed by H 260 - EDUCATION employees of the public agency and performed in accordance with standards for such work that have been certified by a H 260 was read the third time at length, section by section, professional engineer and duly adopted by the public agency's and placed before the House for final consideration. governing body including, but not limited to, the Idaho standards for public works construction and any supplements thereto.". At this time, the Speaker recognized Mrs. VanOrden to open debate. CORRECTION TO TITLE On page 1, in line 3, delete "IN OBTAINING REVIEW" and The question being, "Shall H 260 pass?" insert: "THAT HAVE BEEN CERTIFIED". Roll call resulted as follows: We have also had under consideration S 1072, as amended, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and S 1116, as amended, report progress and beg leave to sit Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, again. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, CRANE, Chairman Gestrin, Gibbs, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, McMillan, Mr. Crane moved that the report be adopted. Seconded by Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Mr. Rusche. Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared the report adopted. Youngblood, Mr. Speaker. Total – 55. H 231, as amended, and H 265, as amended, were referred NAYS – Burgoyne, Chew, Erpelding, Gannon, to the Judiciary, Rules, and Administration Committee for Hancey, King, Kloc, Meline, Pence, Ringo, Rusche, Smith, engrossing. Ward-Engelking, Woodings. Total – 14. Absent and excused – Thompson. Total – 1. S 1072, as amended, and S 1116, as amended, were retained Paired Votes: on General Orders. AYE – Holtzclaw NAY – Erpelding (Pairs enumerated in roll call above.) The amendments were referred to Judiciary, Rules, and Total – 70. Administration committee for printing. Whereupon the Speaker declared that H 260 passed the There being no objection, the House returned to the Eleventh House. Title was approved and the bill ordered transmitted to Order of Business. the Senate. 216 HOUSE JOURNAL March 14, 2013]

****** At this time, the Speaker recognized Mrs. Bell to open debate. At this time, the Speaker introduced Denis Stevens, Consul General of Canada in Seattle, who spoke briefly to the members The question being, "Shall H 283 pass?" of the House. Roll call resulted as follows: ****** AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mr. Moyle asked unanimous consent that the House recess Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, until 1:30 p.m. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Without objection, the Speaker declared the House at recess Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, until 1:30 p.m. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, RECESS Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Afternoon Session Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, The House reconvened at 1:30 p.m., the Speaker in the Chair. Wills, Woodings, Youngblood, Mr. Speaker. Total – 64. NAYS – McMillan. Total – 1. Prior to recess, the House was at the Eleventh Order of Absent and excused – DeMordaunt, Erpelding, Thompson, Business. Wood(27), Wood(35). Total – 5. Total – 70. Mr. Moyle asked unanimous consent that H 250 retain its place on the Third Reading Calendar until Tuesday, March 19, Whereupon the Speaker declared that H 283 passed the 2013. There being no objection, it was so ordered. House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that H 256 retain its place on the Third Reading Calendar for one legislative day. H 284 - APPROPRIATIONS - OFFICE OF DRUG POLICY There being no objection, it was so ordered. H 284 was read the third time at length, section by section, H 280 - FIREARMS - EXPLOSIVES - OTHER DEADLY and placed before the House for final consideration. WEAPONS At this time, the Speaker recognized Mr. Bolz to open debate. H 280 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 284 pass?"

At this time, the Speaker recognized Mr. Monks to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, The question being, "Shall H 280 pass?" Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Roll call resulted as follows: Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Shepherd, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Youngblood, Mr. Speaker. Total – 66. Moyle, Nielsen, Packer, Palmer, Patterson, Perry, Raybould, NAYS – Sims. Total – 1. Romrell, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Absent and excused – DeMordaunt, Erpelding, Thompson. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Total – 3. Woodings, Youngblood, Mr. Speaker. Total – 61. Total – 70. NAYS – Burgoyne, Erpelding, King, Kloc, Pence, Ringo, Rusche. Total – 7. Whereupon the Speaker declared that H 284 passed the Absent and excused – DeMordaunt, Thompson. Total – 2. House. Title was approved and the bill ordered transmitted to Paired Votes: the Senate. AYE – Batt NAY – Erpelding (Pairs enumerated in roll call above.) H 285 - APPROPRIATIONS - COMMISSION ON AGING Total – 70. H 285 was read the third time at length, section by section, Whereupon the Speaker declared that H 280 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered transmitted to the Senate. At this time, the Speaker recognized Mrs. Ringo to open debate. H 283 - APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - CHILD WELFARE - The question being, "Shall H 285 pass?" DEVELOPMENTALLY DISABLED SERVICES Roll call resulted as follows: H 283 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, [March 14, 2013 HOUSE JOURNAL 217

Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Horman, Kauffman, King, Kloc, Luker, Malek, Meline, Total – 65. Miller, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, NAYS – Barrett, Sims. Total – 2. Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Trujillo, Absent and excused – DeMordaunt, Erpelding, Thompson. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Total – 3. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 58. Total – 70. NAYS – Barbieri, Harris, Loertscher, McMillan, Mendive, Monks, Nielsen, Shepherd, Sims. Total – 9. Whereupon the Speaker declared that H 215 passed the Absent and excused – DeMordaunt, Erpelding, Thompson. House. Title was approved and the bill ordered transmitted to Total – 3. the Senate. Total – 70. Whereupon the Speaker declared that H 285 passed the H 177, as amended in the Senate - COLLEGE SAVINGS House. Title was approved and the bill ordered transmitted to PROGRAM the Senate.

H 239 - PHARMACISTS H 177, as amended in the Senate, was read the third time at length, section by section, and placed before the House for final H 239 was read the third time at length, section by section, consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Luker to open At this time, the Speaker recognized Ms. Chew to open debate. debate. The question being, "Shall H 177, as amended in the The question being, "Shall H 239 pass?" Senate, pass?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Stevenson, VanOrden, Vander Woude, Ward-Engelking, Wills, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 65. Youngblood, Mr. Speaker. Total – 67. NAYS – McMillan, Trujillo. Total – 2. NAYS – None. Absent and excused – DeMordaunt, Erpelding, Thompson. Absent and excused – DeMordaunt, Erpelding, Thompson. Total – 3. Total – 3. Total – 70. Total – 70. Whereupon the Speaker declared that H 239 passed the Whereupon the Speaker declared H 177, as amended in House. Title was approved and the bill ordered transmitted to the Senate, passed the House. Title was approved and the bill the Senate. referred to the Judiciary, Rules, and Administration Committee for enrolling. H 215 - BALLOTS HCR 25 - OWYHEE COUNTY H 215 was read the third time at length, section by section, and placed before the House for final consideration. HCR 25 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Holtzclaw to open debate. At this time, the Speaker recognized Mr. Wills to open debate. The question being, "Shall H 215 pass?" The question being, "Shall HCR 25 be adopted?" Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Whereupon the Speaker declared HCR 25 adopted by voice Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, vote and ordered the resolution transmitted to the Senate. Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, HCR 19 - NUTRITION SERVICES Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, HCR 19 was read the third time at length and placed before Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, the House for final consideration. 218 HOUSE JOURNAL March 14, 2013]

At this time, the Speaker recognized Mr. Romrell to open Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, debate. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, The question being, "Shall HCR 19 be adopted?" Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Whereupon the Speaker declared HCR 19 adopted by voice Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. vote and ordered the resolution transmitted to the Senate. Total – 65. NAYS – None. HCR 18 - DEPARTMENT OF ADMINISTRATION - Absent and excused – DeMordaunt, Erpelding, Hartgen, CONTRACT MANAGEMENT Thompson, Wills. Total – 5. Total – 70. HCR 18 was read the third time at length and placed before the House for final consideration. Whereupon the Speaker declared that S 1081 passed the House. Title was approved and the bill ordered returned to the At this time, the Speaker recognized Mr. Rusche to open Senate. debate. S 1083 - LICENSE PLATES - SPECIAL The question being, "Shall HCR 18 be adopted?" Whereupon the Speaker declared HCR 18 adopted by voice S 1083 was read the third time at length, section by section, vote and ordered the resolution transmitted to the Senate. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kauffman to open S 1050 - MOTOR VEHICLE DEALERS debate. S 1050 was read the third time at length, section by section, The question being, "Shall S 1083 pass?" and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gannon to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, interest regarding S 1050. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, The question being, "Shall S 1050 pass?" Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Roll call resulted as follows: Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, AYES – Anderson(01), Anderson(31), Anderst, Andrus, Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Collins, Crane, Denney, Eskridge, Gannon, Gestrin, Gibbs, Mr. Speaker. Total – 66. Hancey, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – None. King, Kloc, Loertscher, Luker, Meline, Miller, Packer, Palmer, Absent and excused – DeMordaunt, Erpelding, Thompson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Wills. Total – 4. VanOrden, Vander Woude, Ward-Engelking, Wood(27), Total – 70. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 48. NAYS – Agidius, Barbieri, Clow, Dayley, Harris, Malek, Whereupon the Speaker declared that S 1083 passed the McMillan, Mendive, Monks, Morse, Moyle, Nielsen, Patterson, House. Title was approved and the bill ordered returned to the Shepherd, Sims, Stevenson, Trujillo. Total – 17. Senate. Absent and excused – DeMordaunt, Erpelding, Hartgen, Thompson, Wills. Total – 5. S 1058 - KEG BEER Total – 70. S 1058 was read the third time at length, section by section, Whereupon the Speaker declared that S 1050 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Kauffman to open debate. S 1081 - MOTOR VEHICLE REGISTRATION The question being, "Shall S 1058 pass?" S 1081 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Wood(35) to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, The question being, "Shall S 1081 pass?" Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Roll call resulted as follows: McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Henderson, Woodings, Youngblood, Mr. Speaker. Total – 63. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, NAYS – Andrus, Wood(35). Total – 2. [March 14, 2013 HOUSE JOURNAL 219

Absent and excused – DeMordaunt, Erpelding, Gestrin, Whereupon the Speaker declared that S 1089 passed the Thompson, Wills. Total – 5. House. Title was approved and the bill ordered returned to the Total – 70. Senate.

Whereupon the Speaker declared that S 1058 passed the S 1032 - PUBLIC ASSISTANCE House. Title was approved and the bill ordered returned to the Senate. S 1032 was read the third time at length, section by section, and placed before the House for final consideration. S 1014 - INSURANCE - FEES AND TAXES At this time, the Speaker recognized Mr. Dayley to open S 1014 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall S 1032 pass?" At this time, the Speaker recognized Mr. Vander Woude to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall S 1014 pass?" Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Clow, Collins, Crane, Dayley, Denney, Eskridge, Roll call resulted as follows: Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Youngblood, Mr. Speaker. Total – 67. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, NAYS – None. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Chew, DeMordaunt, Erpelding. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 3. Youngblood, Mr. Speaker. Total – 67. Total – 70. NAYS – None. Absent and excused – DeMordaunt, Erpelding, Gestrin. Whereupon the Speaker declared that S 1032 passed the Total – 3. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that S 1014 passed the Mr. Moyle asked unanimous consent that the remaining House. Title was approved and the bill ordered returned to the bills on the Third Reading Calendar retain their places for one Senate. legislative day. There being no objection, it was so ordered.

S 1089 - EDUCATION Adjournment S 1089 was read the third time at length, section by section, Mr. Moyle moved that the House adjourn until 10:30 a.m., and placed before the House for final consideration. Friday, March 15, 2013. Seconded by Mr. Rusche. Motion carried. At this time, the Speaker recognized Ms. Boyle to open debate. Whereupon the Speaker declared the House adjourned at 2:40 p.m. The question being, "Shall S 1089 pass?" SCOTT BEDKE, Speaker

Roll call resulted as follows: ATTEST: AYES – Agidius, Anderson(01), Anderson(31), Anderst, BONNIE ALEXANDER, Chief Clerk Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gestrin, Gibbs, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 54. NAYS – Burgoyne, Chew, Erpelding, Gannon, Hancey, King, Kloc, Meline, Moyle, Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 15. Absent and excused – DeMordaunt. Total – 1. Paired Votes: AYE – Holtzclaw NAY – Erpelding (Pairs enumerated in roll call above.) Total – 70. 220 HOUSE JOURNAL March 15, 2013]

HOUSE JOURNAL our Lord two thousand and thirteen, and of the Independence of the United States of America, the two hundred and thirty-seventh OF THE year. /s/ C.L. "BUTCH" OTTER IDAHO LEGISLATURE Governor /s/ BEN T. YSURSA FIRST REGULAR SESSION Secretary of State SIXTY-SECOND LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Lauren McLean. SIXTY-EIGHTH LEGISLATIVE DAY FRIDAY, MARCH 15, 2013 March 15, 2013 Mr. Speaker: I transmit herewith enrolled S 1089 for the signature of the House of Representatives Speaker. The House convened at 10:30 a.m., the Speaker in the Chair. NOVAK, Secretary Roll call showed 63 members present. The Speaker announced he was about to sign enrolled Absent and excused – Anderson(01), Barbieri, DeMordaunt, S 1089 and, when so signed, ordered it returned to the Senate. Henderson, Monks, Ward-Engelking, Wills. Total – 7. March 14, 2013 Total – 70. Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I transmit herewith S 1152, S 1153, S 1154, S 1133, as amended, S 1138, as amended, and S 1106, as amended, which The Pledge of Allegiance was led by Joseph Andrus, Page. have passed the Senate. NOVAK, Secretary Approval of Journal S 1152, S 1153, S 1154, S 1133, as amended, S 1138, as amended, and S 1106, as amended, were filed for first reading. March 15, 2013 Mr. Speaker: March 14, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved I return herewith H 53, H 159, H 105, H 252, H 254, H 262, the House Journal of the Sixty-seventh Legislative Day and H 263, H 43, and H 100 which have passed the Senate. recommend that same be adopted as corrected. NOVAK, Secretary WILLS, Chairman H 53, H 159, H 105, H 252, H 254, H 262, H 263, H 43, and Mr. Wills moved that the report be adopted. Seconded by H 100 were referred to the Judiciary, Rules, and Administration Mr. Burgoyne. Report adopted. Committee for enrolling. Report of Standing Committees Consideration of Messages from the Governor and the Senate March 15, 2013 Mr. Speaker: THE OFFICE OF THE GOVERNOR We, your COMMITTEE ON JUDICIARY, RULES, AND CERTIFICATE OF APPOINTMENT ADMINISTRATION, report that we have printed House amendments to H 231 and H 265. WILLS, Chairman KNOW ALL MEN, that pursuant to the provisions of Section 59-917, Idaho Code, MAT ERPELDING, State March 15, 2013 Representative, District 19, Seat A, Ada County, State of Mr. Speaker: Idaho, has nominated, LAUREN MCLEAN, of Boise, ID, to We, your COMMITTEE ON JUDICIARY, RULES, AND perform the duties of this office temporarily as Acting State ADMINISTRATION, report that we have printed H 296, H 297, Representative, District 19, Seat A. H 298, H 299, H 300, H 301, H 302, H 303, H 304, H 305, H 306, and H 307. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, WILLS, Chairman Governor of the State of Idaho, by virtue of the authority vested H 296, H 297, H 298, H 299, H 300, H 301, H 302, H 303, in me do hereby appoint Lauren McLean of Boise, Idaho, to the H 304, H 305, and H 306 were filed for second reading. office of Acting State Representative, District 19, Seat A, for a term commencing March 15, 2013, and continuing until such H 307 was referred to the Education Committee. time as Representative Erpelding is able to resume his duties. March 15, 2013 IN TESTIMONY WHEREOF, I have hereunto set my hand Mr. Speaker: and caused to be affixed the Great Seal of the State of Idaho at We, your COMMITTEE ON JUDICIARY, RULES, AND the Capitol in Boise on this 11th day of March, in the year of ADMINISTRATION, report that we have enrolled H 26, H 44, [March 15, 2013 HOUSE JOURNAL 221

H 46, H 118, H 117, H 188, H 211, H 140, H 107, H 161, H 181, Motions, Memorials, and Resolutions HJM 1, H 55, H 251, H 253, H 255, and H 177, as amended in the Senate. HOUSE CONCURRENT RESOLUTION NO. 27 WILLS, Chairman BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION The Speaker announced he was about to sign enrolled H 26, PROVIDING FOR PRINTING THE SESSION LAWS, H 44, H 46, H 118, H 117, H 188, H 211, H 140, H 107, FIXING THE PRICE FOR PRINTING THE SAME, AND THE H 161, H 181, HJM 1, H 55, H 251, H 253, H 255, and H 177, PRICE WHICH THE PUBLIC SHALL BE CHARGED FOR as amended in the Senate, and, when so signed, ordered them COPIES OF THE SESSION LAWS. transmitted to the Senate for the signature of the President. Be It Resolved by the Legislature of the State of Idaho: March 15, 2013 Mr. Speaker: WHEREAS, Section 67-904, Idaho Code, has made We, your COMMITTEE ON JUDICIARY, RULES, AND provisions for the printing of the Session Laws. ADMINISTRATION, report that we have engrossed H 231, as NOW, THEREFORE, BE IT RESOLVED by the members of amended, and H 265, as amended. the First Regular Session of the Sixty-second Idaho Legislature, WILLS, Chairman the House of Representatives and the Senate concurring therein, H 231, as amended, and H 265, as amended, were filed for in accordance with a written contract duly made and entered first reading of engrossed bills. into by the Speaker of the House of Representatives and the President Pro Tempore of the Senate and the House Judiciary, March 14, 2013 Rules, and Administration Committee and the Senate Judiciary Mr. Speaker: and Rules Committee of the Legislature of the State of Idaho, We, your COMMITTEE ON HEALTH AND WELFARE, hereinafter referred to as the Joint Printing Committee, that the report that we have had under consideration H 291 and contract for the printing of the Session Laws of the First Regular recommend that it do pass. Session and any Extraordinary Sessions of the Sixty-second WOOD(27), Chairman Idaho Legislature in accordance with the provisions of law and in accordance with the written contract between the Speaker of H 291 was filed for second reading. the House of Representatives and the President Pro Tempore of the Senate and the Joint Printing Committee as party of the first March 14, 2013 part, and THE CAXTON PRINTERS, LTD., Caldwell, Idaho, Mr. Speaker: as party of the second part, be, and the same is hereby ratified We, your COMMITTEE ON STATE AFFAIRS, report and confirmed, and is incorporated herein and made a part of the that we have had under consideration HJM 2 and S 1080 and resolution, in words and figures following, to wit: recommend that they do pass. LOERTSCHER, Chairman PRINTING CONTRACT HJM 2 and S 1080 were filed for second reading. THIS AGREEMENT, made and entered into the 15th day of March, 2013, by and between the Speaker of the House of March 14, 2013 Representatives and the President Pro Tempore of the Senate and Mr. Speaker: the Joint Printing Committee, hereinafter referred to as party of We, your COMMITTEE ON EDUCATION, report that we the first part, and THE CAXTON PRINTERS, LTD., Caldwell, have had under consideration S 1078 and recommend that it do Idaho, hereinafter referred to as party of the second part: pass. WITNESSETH: DEMORDAUNT, Chairman That pursuant to a resolution of said party of the first part and written quotation submitted to the said party of the first part S 1078 was filed for second reading. by the party of the second part, a contract for legislative printing is hereby awarded to said THE CAXTON PRINTERS, LTD., as March 14, 2013 follows: Mr. Speaker: SESSION LAWS We, your COMMITTEE ON LOCAL GOVERNMENT, FIRST REGULAR SESSION report that we have had under consideration H 80 and recommend AND ANY EXTRAORDINARY SESSIONS that it do pass. SIXTY-SECOND LEGISLATURE BARRETT, Chairman As outlined in the February 8, 2013, quote of the party of H 80 was filed for second reading. the second part, the Session Laws will be printed and charged at a price per page not to exceed seventeen dollars and forty-five March 15, 2013 cents ($17.45) based on incremental numbers of copies ordered. Mr. Speaker: The number of copies to be supplied under this contract shall We, your COMMITTEE ON ENVIRONMENT, ENERGY, be specified at the time of order. The charge for individually AND TECHNOLOGY, report that we have had under binding the books shall not exceed eleven dollars and fifty cents consideration H 271 and S 1112 and recommend that they do ($11.50) per volume based on the number of copies ordered. The pass. party of the second part shall provide additional copies to be RAYBOULD, Chairman made available for sale to the general public, and based on the number of copies ordered by the party of the first part, the price H 271 and S 1112 were filed for second reading. to the general public shall not exceed fifty dollars ($50.00) for single volumes and sixty-three dollars ($63.00) per set of two volumes if a second volume is required. The Session Laws of There being no objection, the House advanced to the Seventh any Extraordinary Session adjourned prior to June 1, 2013, shall Order of Business. 222 HOUSE JOURNAL March 15, 2013] be included in the Session Laws of the First Regular Session. the House of Representatives and the Senate concurring No charge shall be made by the party of the second part for therein, that the Legislative Council is hereby authorized to proofreading or blank pages. appoint a committee to undertake and complete a study of the IT IS AGREED between the parties hereto that all of said alcoholic beverage statutes and all matters relating thereto. The printing shall be done in the form and manner as submitted in Legislative Council shall determine the number of legislators the quote of the party of the second part dated February 8, 2013, and membership from each house appointed to the committee in compliance with the statutes of the State of Idaho where not and shall authorize the committee to receive input, advice and otherwise provided, such statutes shall be controlling. assistance from interested and affected parties who are not IT IS FURTHER AGREED that said Session Laws shall be members of the Legislature. printed, delivered and be ready for distribution by the Secretary of BE IT FURTHER RESOLVED that the cochairmen of the State in conformity with the provisions of Section 67-904, Idaho committee are authorized to appoint advisors with technical Code, which section is hereby referred to and by such reference expertise in the implementation and administration of alcoholic made a part of this contract as though set forth herein at length. beverage laws in this state. Any advisors to the committee IN WITNESS WHEREOF, the party of the second part has who are not legislative members shall not be reimbursed from caused these presents to be executed by its proper official, and legislative funds for per diem, mileage or other expenses and the party of the first part, by Concurrent Resolution, has caused shall not have voting privileges regarding the committee's these presents to be executed by its proper officials. recommendations and proposed legislation. BE IT FURTHER RESOLVED that the committee shall Party of the First Part report findings and recommended legislation, if any, to the Second Regular Session of the Sixty-second Idaho Legislature. By /s/ Scott Bedke SCOTT BEDKE, Speaker of the House HOUSE CONCURRENT RESOLUTION NO. 29 HOUSE JUDICIARY, RULES, AND ADMINISTRATION BY WAYS AND MEANS COMMITTEE COMMITTEE A CONCURRENT RESOLUTION By /s/ Rich Wills STATING LEGISLATIVE FINDINGS AND RICH WILLS, Chairman RECOGNIZING THE IDAHO PUBLIC UTILITIES COMMISSION ON ITS ONE HUNDREDTH ANNIVERSARY. By /s/ Brent Hill BRENT HILL, President Pro Tempore Be It Resolved by the Legislature of the State of Idaho:

SENATE JUDICIARY AND RULES COMMITTEE WHEREAS, previous legislatures have deemed that the By /s/ Patti Anne Lodge orderly and efficient development of statewide electric, gas, PATTI ANNE LODGE, Chairman rail and telecommunication infrastructures are dependent on the existence of regulated public utility service providers; and Party of the Second Part WHEREAS, the Idaho Public Utilities Commission (PUC) was created to regulate Idaho's investor-owned electric, natural THE CAXTON PRINTERS, LTD. gas, telecommunications and water utilities in order to ensure By /s/ Dave Gipson adequate service at just, reasonable and sufficient rates; and DAVE GIPSON, President WHEREAS, the Idaho PUC also conducts inspection of natural gas pipelines and hazardous materials rail cars; and HOUSE CONCURRENT RESOLUTION NO. 28 WHEREAS, to help ensure that its decisions are fair and BY STATE AFFAIRS COMMITTEE workable, the Idaho PUC employs a staff of about fifty people, A CONCURRENT RESOLUTION including engineers, accountants, economists and investigators; STATING FINDINGS OF THE LEGISLATURE AND and AUTHORIZING THE LEGISLATIVE COUNCIL TO WHEREAS, the Idaho PUC is the agency of the State APPOINT AN INTERIM COMMITTEE TO UNDERTAKE of Idaho responsible to implement the federal Public Utility AND COMPLETE A STUDY OF THE ALCOHOLIC Regulatory Policies Act, encouraging the cost-effective BEVERAGE LAWS OF THE STATE OF IDAHO. development of customer-owned renewable generation and combined heat and power facilities; and Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the 2012 Idaho Energy Plan relies heavily on the expertise and diligence of the Idaho PUC to pursue WHEREAS, the statutes governing the sale and consumption essential public policies necessary to assure the future supply for of alcoholic beverages in the State of Idaho have developed affordable energy in Idaho; and through a process of additions and deletions, often resulting in WHEREAS, the fields of energy, water and a confusing and sometimes contradictory system of governance; telecommunications regulated by the Idaho PUC have become and increasingly sophisticated, involving technically complex WHEREAS, over the past few legislative sessions several issues, requiring staff to become accordingly proficient in these pieces of legislation have been considered that proposed specialized fields; and amendments to the alcoholic beverage statutes, and debate on WHEREAS, the efficient and effective performance of these bills has illustrated the complexity of present statutes; and Public Utilities Commission duties continues to contribute WHEREAS, it is incumbent upon the Legislature to achieve to Idaho's ability to finance and construct needed utility a comprehensive, consistent and understandable statutory infrastructure; and approach that accomplishes appropriate state goals. WHEREAS, the Public Utilities Commission of the State of NOW, THEREFORE, BE IT RESOLVED by the members of Idaho, later renamed the Idaho Public Utilities Commission, was the First Regular Session of the Sixty-second Idaho Legislature, first organized on May 8, 1913. [March 15, 2013 HOUSE JOURNAL 223

NOW, THEREFORE, BE IT RESOLVED by the members of TO LIMITATIONS ON PAYMENTS FOR NECESSARY the First Regular Session of the Sixty-second Idaho Legislature, MEDICAL SERVICES; REPEALING SECTION 31-3508A, the House of Representatives and the Senate concurring therein, IDAHO CODE, RELATING TO PAYMENT FOR NECESSARY that the history and achievement of the Idaho Public Utilities MEDICAL SERVICES BY AN OBLIGATED COUNTY; Commission be recognized in this year of its one hundredth REPEALING SECTION 31-3509, IDAHO CODE, RELATING anniversary. TO ADMINISTRATIVE OFFSETS AND COLLECTIONS BY BE IT FURTHER RESOLVED that copies of this resolution HOSPITALS AND PROVIDERS; REPEALING SECTION be forward to Commissioner Paul Kjellander, Commissioner 31-3510, IDAHO CODE, RELATING TO RIGHT OF Marsha Smith and Commissioner Mack Redford. SUBROGATION; REPEALING SECTION 31-3510A, IDAHO CODE, RELATING TO REIMBURSEMENT; REPEALING HCR 27, HCR 28, and HCR 29 were introduced, read SECTION 31-3511, IDAHO CODE, RELATING TO the first time by title, and referred to the Judiciary, Rules, and VIOLATIONS AND PENALTIES; AMENDING SECTION Administration Committee for printing. 31-3514, IDAHO CODE, TO PROVIDE A CORRECT Introduction, First Reading, and Reference CODE REFERENCE; REPEALING SECTION 31-3517, of Bills and Joint Resolutions IDAHO CODE, RELATING TO ESTABLISHMENT OF A CATASTROPHIC HEALTH CARE COST PROGRAM; HOUSE BILL NO. 308 REPEALING SECTION 31-3518, IDAHO CODE, RELATING BY HEALTH AND WELFARE COMMITTEE TO ADMINISTRATIVE RESPONSIBILITY; REPEALING AN ACT SECTION 31-3519, IDAHO CODE, RELATING TO RELATING TO THE INDIGENT SICK; AMENDING APPROVAL AND PAYMENT BY THE BOARD; REPEALING SECTION 31-863, IDAHO CODE, TO REVISE THE LIMIT ON SECTION 31-3520, IDAHO CODE, RELATING TO AN AD VALOREM TAX AND TO REMOVE REFERENCE CONTRACT FOR PROVISION OF NECESSARY MEDICAL TO THE MEDICALLY INDIGENT; AMENDING SECTION SERVICES FOR THE MEDICALLY INDIGENT; REPEALING 31-3401, IDAHO CODE, TO PROVIDE A CORRECT CODE SECTION 31-3521, IDAHO CODE, RELATING TO REFERENCE; REPEALING SECTION 31-3501, IDAHO EMPLOYMENT OF PHYSICIAN; REPEALING SECTION CODE, RELATING TO DECLARATION OF POLICY; 31-3550, IDAHO CODE, RELATING TO DECLARATION REPEALING SECTION 31-3502, IDAHO CODE, RELATING OF PUBLIC POLICY; REPEALING SECTION 31-3551, TO DEFINITIONS; AMENDING SECTION 31-3503, IDAHO IDAHO CODE, RELATING TO ADVISORY PANEL FOR CODE, TO REMOVE REFERENCE TO SERVICES FOR THE PRELITIGATION CONSIDERATION OF INDIGENT MEDICALLY INDIGENT; REPEALING SECTION 31-3503A, RESOURCE ELIGIBILITY CLAIMS AND PROCEDURE; IDAHO CODE, RELATING TO POWERS AND DUTIES OF REPEALING SECTION 31-3552, IDAHO CODE, RELATING THE BOARD; REPEALING SECTION 31-3503B, IDAHO TO APPOINTMENT AND COMPOSITION OF ADVISORY CODE, RELATING TO RECIPROCAL AGREEMENTS AND PANEL; REPEALING SECTION 31-3553, IDAHO CODE, OUT-OF-STATE TREATMENT; REPEALING SECTION RELATING TO ADVISORY DECISIONS OF PANEL; 31-3503C, IDAHO CODE, RELATING TO POWERS AND REPEALING SECTION 31-3554, IDAHO CODE, RELATING DUTIES OF THE DEPARTMENT; REPEALING SECTION TO TOLLING OF LIMITATION PERIODS DURING 31-3503D, IDAHO CODE, RELATING TO COUNTY PENDENCY OF PROCEEDINGS; REPEALING SECTION PARTICIPATION AND CONTRIBUTION; REPEALING 31-3555, IDAHO CODE, RELATING TO STAY OF COURT SECTION 31-3503E, IDAHO CODE, RELATING TO PROCEEDINGS IN INTEREST OF HEARING BEFORE MEDICAID ELIGIBILITY DETERMINATION; REPEALING PANEL; REPEALING SECTION 31-3556, IDAHO CODE, SECTION 31-3503F, IDAHO CODE, RELATING TO RELATING TO EXPENSES FOR ADVISORY PANEL MEDICAL HOME; REPEALING SECTION 31-3504, MEMBERS; REPEALING SECTION 31-3557, IDAHO IDAHO CODE, RELATING TO APPLICATION FOR CODE, RELATING TO FREQUENCY OF AND AGENDA FINANCIAL ASSISTANCE; REPEALING SECTION FOR MEETINGS; REPEALING SECTION 31-3558, 31-3505, IDAHO CODE, RELATING TO TIME AND IDAHO CODE, RELATING TO NONDISCLOSURE MANNER OF FILING APPLICATIONS FOR FINANCIAL OF PERSONAL IDENTIFYING INFORMATION; AND ASSISTANCE; REPEALING SECTION 31-3505A, IDAHO REPEALING SECTION 57-813, IDAHO CODE, RELATING CODE, RELATING TO INVESTIGATION OF APPLICATION TO CATASTROPHIC HEALTH CARE COST ACCOUNT; BY THE CLERK; REPEALING SECTION 31-3505B, IDAHO AND PROVIDING AN EFFECTIVE DATE. CODE, RELATING TO APPROVAL BY THE COUNTY COMMISSIONERS; REPEALING SECTION 31-3505C, HOUSE BILL NO. 309 IDAHO CODE, RELATING TO INITIAL DECISION BY BY HEALTH AND WELFARE COMMITTEE THE COUNTY COMMISSIONERS; REPEALING SECTION AN ACT 31-3505D, IDAHO CODE, RELATING TO APPEAL OF RELATING TO MEDICAL ASSISTANCE; AMENDING INITIAL DETERMINATION DENYING AN APPLICATION; SECTION 56-254, IDAHO CODE, TO REVISE PROVISIONS REPEALING SECTION 31-3505E, IDAHO CODE, RELATING RELATING TO THE BENCHMARK PLAN FOR TO HEARING ON APPEAL OF INITIAL DETERMINATION LOW-INCOME INDIVIDUALS, TO REVISE PROVISIONS DENYING AN APPLICATION; REPEALING SECTION RELATING TO THE BENCHMARK PLAN FOR PERSONS 31-3505F, IDAHO CODE, RELATING TO ARBITRATION; WITH DISABILITIES OR SPECIAL HEALTH NEEDS, TO REPEALING SECTION 31-3505G, IDAHO CODE, PROVIDE A BENCHMARK PLAN FOR LOW-INCOME RELATING TO PETITION FOR JUDICIAL REVIEW OF ADULTS AND TO PROVIDE A CORRECT CODE FINAL DETERMINATION; REPEALING SECTION 31-3506, REFERENCE; AMENDING SECTION 56-255, IDAHO IDAHO CODE, RELATING TO OBLIGATED COUNTY; CODE, TO PROVIDE A HEALTH BENEFIT PLAN FOR REPEALING SECTION 31-3507, IDAHO CODE, RELATING LOW-INCOME ADULTS AND TO PROVIDE A CORRECT TO TRANSFER OF A MEDICALLY INDIGENT PATIENT; CODE REFERENCE; AND PROVIDING AN EFFECTIVE REPEALING SECTION 31-3508, IDAHO CODE, RELATING DATE. 224 HOUSE JOURNAL March 15, 2013]

HOUSE BILL NO. 310 H 167, as amended in the Senate, by Transportation and BY APPROPRIATIONS COMMITTEE Defense Committee, was read the second time by title and filed AN ACT for third reading. APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE DIVISIONS OF INDEPENDENT COUNCILS, INDIRECT SUPPORT Third Reading of Bills and Joint Resolutions SERVICES AND LICENSING AND CERTIFICATION FOR FISCAL YEAR 2014; LIMITING THE NUMBER OF Mr. Moyle asked unanimous consent that H 38 be placed AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; at the bottom of the Third Reading Calendar. There being no PROVIDING FOR GENERAL FUND TRANSFERS TO objection, it was so ordered. THE COOPERATIVE WELFARE FUND; DIRECTING Mr. Moyle asked unanimous consent that S 1013, as amended EXPENDITURES FOR TRUSTEE AND BENEFIT in the House, retain its place on the Third Reading Calendar until PAYMENTS; PROVIDING LEGISLATIVE INTENT Monday, March 18, 2013. There being no objection, it was so FOR PROGRAM INTEGRITY; DIRECTING MONTHLY ordered. MEDICAID TRACKING REPORTS; DIRECTING REPORTING FOR THE MEDICAID PROGRAM INTEGRITY Mr. Nielsen asked unanimous consent that S 1093 retain its UNIT COLLECTIONS; CLARIFYING FUNDING FOR place on the Third Reading Calendar until Monday, March 18, MEDICAID READINESS; AND PROVIDING GUIDANCE 2013. There being no objection, it was so ordered. FOR EMPLOYEE COMPENSATION. Mr. Moyle asked unanimous consent that S 1097, as H 308, H 309, and H 310 were introduced, read the first time amended, retain its place on the Third Reading Calendar until by title, and referred to the Judiciary, Rules, and Administration Monday, March 18, 2013. There being no objection, it was so Committee for printing. ordered.

S 1152, S 1153, and S 1154, by Finance Committee, were H 256 - CHILD PROTECTIVE ACT introduced, read the first time by title, and filed for second reading. H 256 was read the third time at length, section by section, and placed before the House for final consideration. S 1133, as amended, by Judiciary and Rules Committee, was introduced, read the first time by title, and referred to the At this time, the Speaker recognized Mrs. Trujillo to open Education Committee. debate. S 1138, as amended, by State Affairs Committee, was The question being, "Shall H 256 pass?" introduced, read the first time by title, and referred to the State Affairs Committee. Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, S 1106, as amended, by State Affairs Committee, was Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, introduced, read the first time by title, and referred to the Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Commerce and Human Resources Committee. Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, First Reading of Engrossed Bills Malek, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, H 231, as amended, and H 265, as amended, by State Affairs Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Committee, were introduced, read the first time by title, and filed VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, for second reading. Youngblood, Mr. Speaker. Total – 61. NAYS – McMillan. Total – 1. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Second Reading of Bills and Joint Resolutions Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Total – 70. H 268, by Health and Welfare Committee, was read the Whereupon the Speaker declared that H 256 passed the second time by title and filed for third reading. House. Title was approved and the bill ordered transmitted to the Senate. S 1107, as amended, and S 1111, by State Affairs Committee, were read the second time by title and filed for third reading. H 293 - APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MENTAL HEALTH SERVICES/PSYCHIATRIC HOSPITALIZATION/ H 275, by Education Committee, was read the second time SUBSTANCE ABUSE TREATMENT AND PREVENTION by title and filed for third reading. H 293 was read the third time at length, section by section, SCR 120, by Judiciary and Rules Committee, was read the and placed before the House for final consideration. second time by title and filed for third reading. At this time, the Speaker recognized Ms. Stevenson to open debate. H 130, as amended in the Senate, by Resources and Conservation Committee, was read the second time by title and The question being, "Shall H 293 pass?" filed for third reading. [March 15, 2013 HOUSE JOURNAL 225

Roll call resulted as follows: Miller, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Ringo, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, Denney, Trujillo, VanOrden, Vander Woude, Wood(27), Woodings, Eskridge, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Holtzclaw, Youngblood, Mr. Speaker. Total – 56. Horman, Kauffman, Kloc, Loertscher, Luker, Malek, McMillan, NAYS – Andrus, Dayley, Luker, Nielsen, Romrell, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Palmer, Wood(35). Total – 6. Patterson, Perry, Raybould, Romrell, Shepherd, Stevenson, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 50. Total – 70. NAYS – Bateman, Burgoyne, Chew, Erpelding(McLean), Gannon, Harris, King, Pence, Ringo, Rusche, Sims, Smith. Whereupon the Speaker declared that S 1025 passed the Total – 12. House. Title was approved and the bill ordered returned to the Absent and excused – Anderson(01), Barbieri, DeMordaunt, Senate. Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Total – 70. S 1049, as amended in the House - OIL AND GAS CONSERVATION COMMISSION Whereupon the Speaker declared that H 293 passed the House. Title was approved and the bill ordered transmitted to S 1049, as amended in the House, was read the third time at the Senate. length, section by section, and placed before the House for final consideration. H 258 - CONCEALED WEAPONS At this time, the Speaker recognized Mr. Vander Woude to H 258 was read the third time at length, section by section, open debate. and placed before the House for final consideration. The question being, "Shall S 1049, as amended in the At this time, the Speaker recognized Mrs. Perry to open House, pass?" debate. Roll call resulted as follows: The question being, "Shall H 258 pass?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Roll call resulted as follows: Dayley, Denney, Erpelding(McLean), Eskridge, Gestrin, Gibbs, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Miller, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Perry, Raybould, Romrell, Shepherd, Sims, Smith, Stevenson, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 56. Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, NAYS – Burgoyne, Chew, Gannon, King, Ringo, Rusche. Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Total – 6. Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Absent and excused – Anderson(01), Barbieri, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 62. Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. NAYS – None. Total – 70. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Whereupon the Speaker declared that S 1049, as amended Total – 70. in the House, passed the House. Title was approved and the bill ordered returned to the Senate. Whereupon the Speaker declared that H 258 passed the House. Title was approved and the bill ordered transmitted to S 1057, as amended - EDUCATION the Senate. S 1057, as amended, was read the third time at length, section S 1025 - WINE by section, and placed before the House for final consideration. S 1025 was read the third time at length, section by section, At this time, the Speaker recognized Mrs. VanOrden to open and placed before the House for final consideration. debate. At this time, the Speaker recognized Mrs. Woodings to open The question being, "Shall S 1057, as amended, pass?" debate. Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of Roll call resulted as follows: interest regarding S 1025. AYES – Agidius, Anderson(31), Anderst, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, The question being, "Shall S 1025 pass?" Erpelding(McLean), Eskridge, Gannon, Gibbs, Hancey, Harris, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Meline, Mendive, Miller, Moyle, Nielsen, Packer, Pence, Perry, AYES – Agidius, Anderson(31), Anderst, Barrett, Bateman, Raybould, Romrell, Rusche, Smith, Stevenson, VanOrden, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 42. Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, NAYS – Andrus, Barrett, Batt, Boyle, Crane, Denney, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Gestrin, Hartgen, Luker, McMillan, Palmer, Patterson, Ringo, King, Kloc, Loertscher, Malek, McMillan, Meline, Mendive, Sims, Thompson, Trujillo, Vander Woude, Wood(35). Total – 18. 226 HOUSE JOURNAL March 15, 2013]

Absent and excused – Anderson(01), Barbieri, DeMordaunt, Whereupon the Speaker declared that S 1098 passed the Henderson, Malek, Monks, Morse, Shepherd, Ward-Engelking, House. Title was approved and the bill ordered returned to the Wills. Total – 10. Senate. Total – 70. S 1048, as amended - DRIVER'S LICENSE - SUSPENSION Whereupon the Speaker declared that S 1057, as amended, passed the House. Title was approved and the bill S 1048, as amended, was read the third time at length, section ordered returned to the Senate. by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open debate. S 1091, as amended - EDUCATION The question being, "Shall S 1048, as amended, pass?" S 1091, as amended, was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, At this time, the Speaker recognized Mr. Harris to open Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, debate. Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, The question being, "Shall S 1091, as amended, pass?" Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Roll call resulted as follows: Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Woodings, Youngblood, Mr. Speaker. Total – 62. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, NAYS – None. McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Total – 70. VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared that S 1048, as Youngblood, Mr. Speaker. Total – 61. amended, passed the House. Title was approved and the bill NAYS – None. ordered returned to the Senate. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Henderson, Malek, Monks, Morse, Ward-Engelking, Wills. S 1034 - COUNTY JAILS Total – 9. Total – 70. S 1034 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1091, as amended, passed the House. Title was approved and the bill At this time, the Speaker recognized Mr. Nielsen to open ordered returned to the Senate. debate. The question being, "Shall S 1034 pass?" S 1098 - EDUCATION Roll call resulted as follows: S 1098 was read the third time at length, section by section, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, and placed before the House for final consideration. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, At this time, the Speaker recognized Mr. Bateman to open Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, debate. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, The question being, "Shall S 1098 pass?" Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Roll call resulted as follows: Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Woodings, Youngblood, Mr. Speaker. Total – 62. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, NAYS – None. Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Total – 70. McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared that S 1034 passed the Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, House. Title was approved and the bill ordered returned to the VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Senate. Youngblood, Mr. Speaker. Total – 61. S 1035 - COUNTY JAILS NAYS – None. S 1035 was read the third time at length, section by section, Absent and excused – Anderson(01), Barbieri, DeMordaunt, and placed before the House for final consideration. Henderson, Malek, Monks, Morse, Ward-Engelking, Wills. Total – 9. At this time, the Speaker recognized Mrs. McMillan to open Total – 70. debate. [March 15, 2013 HOUSE JOURNAL 227

The question being, "Shall S 1035 pass?" Gestrin, Gibbs, Hancey, Hartgen, Hixon, Horman, Kauffman, King, Kloc, Luker, Meline, Mendive, Miller, Moyle, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Vander Woude, Wood(27), Wood(35), Woodings, Youngblood, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Gestrin, Mr. Speaker. Total – 53. Gibbs, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, NAYS – Barrett, Harris, Holtzclaw, Loertscher, McMillan, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Miller, Nielsen, Shepherd, Sims. Total – 8. Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Henderson, Malek, Monks, Morse, Ward-Engelking, Wills. Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Total – 9. Youngblood, Mr. Speaker. Total – 55. Total – 70. NAYS – Erpelding(McLean), Hancey, Harris, Mendive, Moyle, Ringo, Woodings. Total – 7. Whereupon the Speaker declared that S 1129 passed the Absent and excused – Anderson(01), Barbieri, DeMordaunt, House. Title was approved and the bill ordered returned to the Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Senate. Total – 70. S 1130 - APPROPRIATIONS - ENERGY RESOURCES Whereupon the Speaker declared that S 1035 passed the House. Title was approved and the bill ordered returned to the S 1130 was read the third time at length, section by section, Senate. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Eskridge to open S 1128 - APPROPRIATIONS - STATE INDEPENDENT debate. LIVING COUNCIL The question being, "Shall S 1130 pass?" S 1128 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Ms. King to open AYES – Agidius, Anderson(31), Anderst, Andrus, Bateman, debate. Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hartgen, The question being, "Shall S 1128 pass?" Horman, Kauffman, King, Kloc, Luker, Meline, Miller, Moyle, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Roll call resulted as follows: Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Vander Woude, Wood(27), Woodings, Youngblood, Mr. Speaker. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Total – 46. Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, NAYS – Barrett, Boyle, Denney, Hancey, Harris, Hixon, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Loertscher, McMillan, Mendive, Nielsen, Palmer, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Shepherd, Sims, Wood(35). Total – 15. Malek, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Palmer, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Henderson, Malek, Monks, Morse, Ward-Engelking, Wills. Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Total – 9. Vander Woude, Wood(27), Wood(35), Woodings, Youngblood, Total – 70. Mr. Speaker. Total – 60. NAYS – McMillan, Sims. Total – 2. Whereupon the Speaker declared that S 1130 passed the Absent and excused – Anderson(01), Barbieri, DeMordaunt, House. Title was approved and the bill ordered returned to the Henderson, Monks, Morse, Ward-Engelking, Wills. Total – 8. Senate. Total – 70. S 1131 - APPROPRIATIONS - ENDOWMENT FUND Whereupon the Speaker declared that S 1128 passed the INVESTMENT BOARD House. Title was approved and the bill ordered returned to the Senate. S 1131 was read the third time at length, section by section, and placed before the House for final consideration.

S 1129 - APPROPRIATIONS - OFFICE OF SPECIES At this time, the Speaker recognized Mr. Thompson to open CONSERVATION debate. S 1129 was read the third time at length, section by section, Pursuant to Rule 38(3), Mr. Anderson(31) disclosed a and placed before the House for final consideration. conflict of interest regarding S 1131. At this time, the Speaker recognized Ms. King to open The question being, "Shall S 1131 pass?" debate. Roll call resulted as follows: The question being, "Shall S 1129 pass?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Roll call resulted as follows: Collins, Crane, Denney, Erpelding(McLean), Eskridge, Gannon, AYES – Agidius, Anderson(31), Anderst, Andrus, Bateman, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Horman, Kauffman, King, Loertscher, Luker, Malek, Meline, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Gannon, Miller, Moyle, Packer, Palmer, Patterson, Perry, Raybould, 228 HOUSE JOURNAL March 15, 2013]

Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Woodings, Youngblood, Mr. Speaker. Total – 54. Youngblood, Mr. Speaker. Total – 53. NAYS – Dayley, Kloc, McMillan, Mendive, Nielsen, Sims, NAYS – Clow, Gestrin, Harris, Hartgen, Holtzclaw, Wood(35). Total – 7. McMillan, Moyle, Sims. Total – 8. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Total – 9. Total – 9. Total – 70. Total – 70. Whereupon the Speaker declared that S 1131 passed the Whereupon the Speaker declared that S 1139 passed the House. Title was approved and the bill ordered returned to the House. Title was approved and the bill ordered returned to the Senate. Senate.

S 1132 - APPROPRIATIONS - DEPARTMENT OF FISH S 1140 - APPROPRIATIONS - MEDICAL BOARDS AND GAME S 1140 was read the third time at length, section by section, S 1132 was read the third time at length, section by section, and placed before the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gibbs to open At this time, the Speaker recognized Mr. Gibbs to open debate. debate. The question being, "Shall S 1140 pass?" Mrs. Batt asked unanimous consent that, pursuant to Rule 38(3), she be excused from voting on S 1132 due to a conflict Roll call resulted as follows: of interest. There being no objection, it was so ordered. AYES – Agidius, Anderson(31), Anderst, Andrus, The question being, "Shall S 1132 pass?" Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Denney, Erpelding(McLean), Eskridge, Roll call resulted as follows: Gannon, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Holtzclaw, AYES – Agidius, Anderson(31), Anderst, Bateman, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Denney, Meline, Mendive, Miller, Moyle, Packer, Palmer, Patterson, Erpelding(McLean), Eskridge, Gannon, Gibbs, Hartgen, Horman, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Kauffman, King, Kloc, Malek, Meline, Mendive, Miller, Moyle, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Packer, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 55. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – Dayley, Harris, McMillan, Nielsen, Shepherd, Sims. Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 42. Total – 6. NAYS – Andrus, Barrett, Boyle, Dayley, Gestrin, Hancey, Absent and excused – Anderson(01), Barbieri, DeMordaunt, Harris, Hixon, Holtzclaw, Loertscher, Luker, McMillan, Nielsen, Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Palmer, Patterson, Shepherd, Sims, Wood(35). Total – 18. Total – 9. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Total – 70. Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Whereupon the Speaker declared that S 1140 passed the Total – 9. House. Title was approved and the bill ordered returned to the Excused from voting – Batt. Total – 1. Senate. Total – 70. Whereupon the Speaker declared that S 1132 passed the S 1143 - APPROPRIATIONS - DIVISION OF VETERANS House. Title was approved and the bill ordered returned to the SERVICES Senate. S 1143 was read the third time at length, section by section, and placed before the House for final consideration. S 1139 - APPROPRIATIONS - PUBLIC HEALTH At this time, the Speaker recognized Mr. Eskridge to open DISTRICTS debate. S 1139 was read the third time at length, section by section, The question being, "Shall S 1143 pass?" and placed before the House for final consideration. At this time, the Speaker recognized Ms. King to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, The question being, "Shall S 1139 pass?" Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Roll call resulted as follows: Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Collins, Packer, Palmer, Patterson, Perry, Raybould, Ringo, Romrell, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Gannon, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Gibbs, Hancey, Hixon, Horman, Kauffman, King, Kloc, VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Loertscher, Luker, Malek, Meline, Mendive, Miller, Nielsen, Youngblood, Mr. Speaker. Total – 61. Packer, Palmer, Patterson, Perry, Raybould, Ringo, Romrell, NAYS – None. [March 15, 2013 HOUSE JOURNAL 229

Absent and excused – Anderson(01), Barbieri, DeMordaunt, Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Total – 9. Total – 70. Whereupon the Speaker declared that S 1143 passed the House. Title was approved and the bill ordered returned to the Senate.

S 1144 - APPROPRIATIONS S 1144 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Thompson to open debate. The question being, "Shall S 1144 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 60. NAYS – Sims. Total – 1. Absent and excused – Anderson(01), Barbieri, DeMordaunt, Henderson, Monks, Morse, Pence, Ward-Engelking, Wills. Total – 9. Total – 70. Whereupon the Speaker declared that S 1144 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, March 18, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Monday, March 18, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:27 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 230 HOUSE JOURNAL March 18, 2013]

HOUSE JOURNAL Enrolled H 141, H 233, H 234, H 235, H 236, H 237, H 238, H 184, and H 187 were referred to the Judiciary, Rules, OF THE and Administration Committee for delivery to the Governor. March 15, 2013 IDAHO LEGISLATURE Mr. Speaker: I transmit herewith SCR 124 which has passed the Senate. FIRST REGULAR SESSION NOVAK, Secretary SIXTY-SECOND LEGISLATURE SCR 124 was filed for first reading. March 15, 2013 Mr. Speaker: SEVENTY-FIRST LEGISLATIVE DAY I return herewith HCR 12 which has passed the Senate. MONDAY, MARCH 18, 2013 NOVAK, Secretary HCR 12 was referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives

The House convened at 10:30 a.m., the Speaker in the Chair. Report of Standing Committees Roll call showed all 70 members present. Prayer was offered by Chaplain Tom Dougherty. March 18, 2013 Mr. Speaker: The Pledge of Allegiance was led by Brooklyn Burk, Page. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 27, Approval of Journal HCR 28, HCR 29, H 308, H 309, and H 310. WILLS, Chairman March 18, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HCR 27, HCR 29, and H 310 were filed for second reading. ADMINISTRATION, report that we have read and approved the House Journal of the Sixty-eighth Legislative Day and HCR 28 was referred to the State Affairs Committee. recommend that same be adopted as corrected. WILLS, Chairman H 308 and H 309 were referred to the Health and Welfare Committee. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 18, 2013 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON JUDICIARY, RULES, AND Governor and the Senate ADMINISTRATION, report that we have enrolled H 53, H 159, H 105, H 252, H 254, H 262, H 263, H 43, and H 100. OFFICE OF THE GOVERNOR WILLS, Chairman Boise The Speaker announced he was about to sign enrolled H 53, March 15, 2013 H 159, H 105, H 252, H 254, H 262, H 263, H 43, and H 100 and, when so signed, ordered them transmitted to the Senate for the The Honorable Scott Bedke signature of the President. Speaker of the House March 15, 2013 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and We, your COMMITTEE ON REVENUE AND TAXATION, am transmitting to the Secretary of State the following House report that we have had under consideration H 286 and bills, to wit: recommend that it do pass. COLLINS, Chairman H 66, as amended in the Senate, H 96, H 103, H 112, H 131, H 139, H 168, H 169, H 175, and H 210 H 286 was filed for second reading. As Always - Idaho, "Esto Perpetua" March 15, 2013 /s/ C.L. "Butch" Otter Mr. Speaker: Governor We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under March 15, 2013 consideration H 241, H 274, H 292, SCR 114, and SCR 115 and Mr. Speaker: recommend that they do pass. I return herewith enrolled H 141, H 233, H 234, H 235, WILLS, Chairman H 236, H 237, H 238, H 184, and H 187 which have been signed by the President. H 241, H 274, H 292, SCR 114, and SCR 115 were filed for NOVAK, Secretary second reading. [March 18, 2013 HOUSE JOURNAL 231

March 15, 2013 Second Reading of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND H 296, H 297, H 298, H 299, H 300, H 301, H 302, H 303, DEFENSE, report that we have had under consideration H 304, H 305, and H 306, by Appropriations Committee, were H 279 and recommend that it do pass. read the second time by title and filed for third reading. PALMER, Chairman H 291, by Health and Welfare Committee, was read the H 279 was filed for second reading. second time by title and filed for third reading. There being no objection, the House advanced to the Seventh HJM 2, H 231, as amended, and H 265, as amended, by State Order of Business. Affairs Committee, were read the second time by title and filed for third reading. Motions, Memorials, and Resolutions S 1080, S 1078, and S 1112, by State Affairs Committee, SCR 124, by State Affairs Committee, was introduced, read were read the second time by title and filed for third reading. the first time by title, and referred to the State Affairs Committee. H 80, by Judiciary, Rules, and Administration Committee, was read the second time by title and filed for third reading. Introduction, First Reading, and Reference of Bills and Joint Resolutions H 271, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. HOUSE BILL NO. 311 BY APPROPRIATIONS COMMITTEE S 1152, S 1153, and S 1154, by Finance Committee, were AN ACT read the second time by title and filed for third reading. APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR There being no objection, the House advanced to the Twelfth 2013; APPROPRIATING MONEYS TO THE DEPARTMENT Order of Business. OF ADMINISTRATION FOR FISCAL YEAR 2014; Consideration of General Orders LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING GUIDANCE Mr. Moyle moved that the House do now resolve itself into a FOR EMPLOYEE COMPENSATION; TRANSFERRING Committee of the Whole House for the consideration of General MONEYS FROM THE PERMANENT BUILDING FUND; Orders. Seconded by Mr. Rusche. Motion carried. AND DECLARING AN EMERGENCY FOR SECTION 1 OF THIS ACT. Whereupon the House resolved itself into a Committee of the Whole House for the consideration of General Orders with HOUSE BILL NO. 312 Mr. Crane in the Chair. BY APPROPRIATIONS COMMITTEE AN ACT When the Committee of the Whole House rose, APPROPRIATING MONEYS TO THE DEPARTMENT OF the Speaker returned to the Chair and the House was in order. ADMINISTRATION FOR THE BOND PAYMENT PROGRAM FOR FISCAL YEAR 2014. Report of the Committee of the Whole House March 18, 2013 HOUSE BILL NO. 313 Mr. Speaker: BY APPROPRIATIONS COMMITTEE We, your COMMITTEE OF THE WHOLE HOUSE, report AN ACT that we have had under consideration S 1072, as amended, APPROPRIATING MONEYS TO THE DIVISION OF and S 1116, as amended, and report them back without PUBLIC WORKS FOR FISCAL YEAR 2014; AUTHORIZING recommendation, amended as follows: AND DIRECTING THE ALLOCATION OF FUNDS FOR THE VARIOUS PROJECTS SPECIFIED; PROVIDING HOUSE AMENDMENT TO S.B. NO. 1072, As Amended LEGISLATIVE INTENT RELATING TO UTILIZATION OF MATCHING FUNDS; EXEMPTING THE APPROPRIATION AMENDMENT TO THE BILL FROM THE PROVISIONS OF CHAPTER 36, TITLE 67, On page 1 of the engrossed bill, delete lines 16 through 18 IDAHO CODE, AND FROM THE PROVISIONS OF SECTION and insert: 67-3516, IDAHO CODE; PROVIDING LEGISLATIVE "SECTION 1. That Chapter 24, Title 49, Idaho Code, be, and INTENT RELATING TO REALLOCATION OF PROJECT the same is hereby amended by the addition thereto of a NEW SAVINGS; STATING FINDINGS OF THE LEGISLATURE SECTION, to be known and designated as Section 49-2447, ON THE NEED FOR DEFERRED MAINTENANCE Idaho Code, and to read as follows:". FUNDING AT THE STATE INSTITUTIONS OF HIGHER LEARNING; AND DIRECTING THE ALLOCATION OF AMENDMENT TO SECTION 1 FUNDS FOR DEFERRED MAINTENANCE AT THE STATE On page 1, in line 19, delete "56-1055" and insert: "49-2447"; INSTITUTIONS OF HIGHER LEARNING. in line 22, following "The" insert: "Idaho transportation"; also in line 22, delete "of health and welfare" and insert: "through the H 311, H 312, and H 313 were introduced, read the first time division of motor vehicles"; in line 25, delete "Select qualified by title, and referred to the Judiciary, Rules, and Administration organizations to receive moneys and d" and insert: "D"; in line Committee for printing. 26, delete "such"; also in line 26, delete "subsections (5) and (6)" and insert: "subsection (5)"; in line 31, delete "and that are fair There being no objection, the House advanced to the Tenth and"; and delete lines 32 and 33, and insert: ".". Order of Business. 232 HOUSE JOURNAL March 18, 2013]

On page 2, in line 1, delete "may" and insert: "shall"; in line Romrell, Rusche, Smith, Ward-Engelking, Wills, Wood(27), 2, following "to" delete "selected organizations that" and insert: Woodings. Total – 25. "intermountain donor services located in , Utah, NAYS – Agidius, Anderst, Andrus, Barbieri, Barrett, and shall be used to"; in line 4, following "cation" insert: "in Batt, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Idaho"; and delete lines 5 through 7. Denney, Eskridge, Gestrin, Hancey, Harris, Hixon, Holtzclaw, Luker, McMillan, Mendive, Miller, Monks, Morse, Moyle, AMENDMENT TO SECTION 2 Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Shepherd, On page 3, in line 3, delete "56-1055" and insert: "49-2447"; Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, and on page 6, in line 44, delete "56-1055" and insert: "49-2447". Wood(35), Youngblood, Mr. Speaker. Total – 43. AMENDMENT TO SECTION 3 Absent and excused – Anderson(01), Loertscher. Total – 2. On page 8, in line 39, delete "56-1055" and insert: "49-2447". Total – 70. CORRECTION TO TITLE Whereupon the Speaker declared that H 268 failed to pass the On page 1, in line 2, delete "10" and insert: "24"; in House and ordered the bill filed in the office of the Chief Clerk. line 3, delete "56" and insert: "49"; also in line 3, delete "56-1055" and insert: "49-2447"; in line 5, following "OF THE" delete "DEPARTMENT OF HEALTH AND WELFARE" and H 130, as amended in the Senate - IRRIGATION insert: "IDAHO TRANSPORTATION DEPARTMENT"; and DISTRICTS - ELECTIONS in line 6, delete "POSSIBLE RECIPIENTS" and insert: "THE H 130, as amended in the Senate, was read the third time at RECIPIENT". length, section by section, and placed before the House for final consideration. HOUSE AMENDMENT TO S.B. NO. 1116, As Amended At this time, the Speaker recognized Mr. Raybould to open AMENDMENT TO SECTION 1 debate. On page 1 of the engrossed bill, in line 22, delete "Following" and insert: "For all individuals identified as a donor, following". The question being, "Shall H 130, as amended in the CRANE, Chairman Senate, pass?"

Mr. Crane moved that the report be adopted. Seconded by Roll call resulted as follows: Mr. Rusche. AYES – Agidius, Anderson(31), Anderst, Andrus, Whereupon the Speaker declared the report adopted. Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, S 1072, as amended, as amended in the House, and S 1116, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, as amended, as amended in the House, were filed for first reading. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, The amendments were referred to Judiciary, Rules, and Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Administration committee for printing. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, There being no objection, the House returned to the Eleventh VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Order of Business. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. Third Reading of Bills and Joint Resolutions NAYS – None. Absent and excused – Anderson(01), Loertscher. Total – 2. Mr. Moyle asked unanimous consent that H 275 retain its Total – 70. place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered. Whereupon the Speaker declared H 130, as amended in the Senate, passed the House. Title was approved and the bill Mr. Moyle asked unanimous consent that S 1093 and S 1097, referred to the Judiciary, Rules, and Administration Committee as amended, retain their places on the Third Reading Calendar for for enrolling. one legislative day. There being no objection, it was so ordered.

Mr. Moyle asked unanimous consent that H 38 be returned H 167, as amended in the Senate - MOTOR VEHICLE to the Resources and Conservation Committee. There being no DEALERS AND SALESMEN objection, it was so ordered. H 167, as amended in the Senate, was read the third time at H 268 - MINORS - TANNING DEVICES length, section by section, and placed before the House for final consideration. H 268 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open debate. At this time, the Speaker recognized Mr. Rusche to open debate. Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of interest regarding H 167, as amended in the Senate. The question being, "Shall H 268 pass?" Pursuant to Rule 38(3), Mr. Gannon disclosed a conflict of Roll call resulted as follows: interest regarding H 167, as amended in the Senate. AYES – Anderson(31), Bateman, Bell, Burgoyne, Chew, Erpelding(McLean), Gannon, Gibbs, Hartgen, Henderson, The question being, "Shall H 167, as amended in the Horman, Kauffman, King, Kloc, Malek, Meline, Pence, Ringo, Senate, pass?" [March 18, 2013 HOUSE JOURNAL 233

Roll call resulted as follows: Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Barrett, Bateman, Bell, Bolz, Chew, Clow, Collins, Crane, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Denney, Erpelding(McLean), Eskridge, Gannon, Gibbs, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Kauffman, King, Kloc, Meline, Miller, Morse, Packer, Palmer, Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Woodings, Youngblood, Mr. Speaker. Total – 67. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, NAYS – None. Youngblood, Mr. Speaker. Total – 50. Absent and excused – DeMordaunt, Shepherd, Wills. NAYS – Andrus, Barbieri, Batt, Boyle, Burgoyne, Dayley, Total – 3. DeMordaunt, Gestrin, Harris, Luker, Malek, McMillan, Mendive, Total – 70. Monks, Moyle, Nielsen, Patterson, Shepherd, Sims. Total – 19. Absent and excused – Loertscher. Total – 1. Whereupon the Speaker declared that S 1063 passed the Total – 70. House. Title was approved and the bill ordered returned to the Senate. Whereupon the Speaker declared H 167, as amended in the Senate, passed the House. Title was approved and the bill S 1100 - HEALTH CARE SHARING MINISTRIES referred to the Judiciary, Rules, and Administration Committee FREEDOM TO SHARE ACT for enrolling. S 1100 was read the third time at length, section by section, S 1013, as amended in the House - and placed before the House for final consideration. TELECOMMUNICATIONS SERVICE ASSISTANCE At this time, the Speaker recognized Mr. Barbieri to open S 1013, as amended in the House, was read the third time at debate. length, section by section, and placed before the House for final The question being, "Shall S 1100 pass?" consideration. At this time, the Speaker recognized Mr. Morse to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, The question being, "Shall S 1013, as amended in the Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, House, pass?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, NAYS – Ringo. Total – 1. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Absent and excused – DeMordaunt. Total – 1. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Total – 70. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Whereupon the Speaker declared that S 1100 passed the Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. House. Title was approved and the bill ordered returned to the NAYS – None. Senate. Absent and excused – DeMordaunt. Total – 1. Total – 70. S 1033, as amended - CONSERVATORS - POWERS OF ATTORNEY Whereupon the Speaker declared that S 1013, as amended in the House, passed the House. Title was approved and the bill S 1033, as amended, was read the third time at length, section ordered returned to the Senate. by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Trujillo to open S 1063 - MEDICAL CONSENT AND NATURAL DEATH debate. ACT The question being, "Shall S 1033, as amended, pass?" S 1063 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Perry to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, The question being, "Shall S 1063 pass?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, 234 HOUSE JOURNAL March 18, 2013]

VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Whereupon the Speaker declared that S 1062, as Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. amended, passed the House. Title was approved and the bill NAYS – None. ordered returned to the Senate. Absent and excused – DeMordaunt. Total – 1. Total – 70. S 1142 - APPROPRIATIONS - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED Whereupon the Speaker declared that S 1033, as amended, passed the House. Title was approved and the bill S 1142 was read the third time at length, section by section, ordered returned to the Senate. and placed before the House for final consideration. At this time, the Speaker recognized Ms. King to open S 1061 - THREATENED AND ENDANGERED SPECIES debate. The question being, "Shall S 1142 pass?" S 1061 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Wood(35) to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall S 1061 pass?" Denney, Erpelding(McLean), Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Roll call resulted as follows: Kloc, Loertscher, Luker, Malek, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Clow, Collins, Crane, Dayley, Denney, Eskridge, Gannon, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Horman, Kauffman, Loertscher, Luker, Malek, McMillan, Youngblood, Mr. Speaker. Total – 65. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, NAYS – McMillan, Sims. Total – 2. Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Absent and excused – Gestrin, Henderson, Meline. Total – 3. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Total – 70. Vander Woude, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 58. Whereupon the Speaker declared that S 1142 passed the NAYS – Burgoyne, Chew, Erpelding(McLean), King, Kloc, House. Title was approved and the bill ordered returned to the Pence, Ringo, Rusche, Ward-Engelking, Woodings. Total – 10. Senate. Absent and excused – DeMordaunt, Henderson. Total – 2. Total – 70. S 1006, as amended - TRANSPORTATION BOARD Whereupon the Speaker declared that S 1061 passed the S 1006, as amended, was read the third time at length, section House. Title was approved and the bill ordered returned to the by section, and placed before the House for final consideration. Senate. At this time, the Speaker recognized Mrs. Wood(35) to open debate. S 1062, as amended - TRESPASS The question being, "Shall S 1006, as amended, pass?"

S 1062, as amended, was read the third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker recognized Mrs. Perry to open Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, debate. Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, The question being, "Shall S 1062, as amended, pass?" Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Mendive, Miller, Roll call resulted as follows: Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Woodings, Youngblood, Mr. Speaker. Total – 67. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, NAYS – None. Kloc, Loertscher, Luker, Malek, McMillan, Mendive, Miller, Absent and excused – Henderson, Malek, Meline. Total – 3. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Total – 70. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Whereupon the Speaker declared that S 1006, as Smith, Thompson, Trujillo, VanOrden, Vander Woude, amended, passed the House. Title was approved and the bill Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, ordered returned to the Senate. Youngblood, Mr. Speaker. Total – 65. NAYS – Sims, Stevenson. Total – 2. S 1064 - OVERSIZE LOADS - PERMITS Absent and excused – DeMordaunt, Henderson, Meline. Total – 3. S 1064 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. [March 18, 2013 HOUSE JOURNAL 235

At this time, the Speaker recognized Mrs. Wood(35) to open Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, debate. Mr. Speaker. Total – 64. NAYS – None. The question being, "Shall S 1064 pass?" Absent and excused – Crane, Henderson, Kauffman, King, Palmer, Wood(27). Total – 6. Roll call resulted as follows: Total – 70. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Whereupon the Speaker declared that more than two-thirds Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, of the membership having voted in the affirmative, the motion Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, carried, the rules were suspended, and H 296 was read the first Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, time by title, second time by title, and third time at length, section Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, by section, and placed before the House for final consideration. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, At this time, the Speaker recognized Mr. Bolz to open debate. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, The question being, "Shall H 296 pass?" VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Roll call resulted as follows: NAYS – Chew. Total – 1. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Whereupon the Speaker declared that S 1064 passed the Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, House. Title was approved and the bill ordered returned to the Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Senate. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Mr. Moyle asked unanimous consent that the House recess Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, until 3:30 p.m. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Without objection, the Speaker declared the House at recess Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, until 3:30 p.m. Mr. Speaker. Total – 65. RECESS NAYS – None. Afternoon Session Absent and excused – Crane, Henderson, Palmer, Shepherd, The House reconvened at 3:30 p.m., the Speaker in the Chair. Wood(27). Total – 5. Total – 70. Prior to recess, the House was at the Eleventh Order of Business. Whereupon the Speaker declared that H 296 passed the House. Title was approved and the bill ordered transmitted to Mr. Moyle asked unanimous consent that the remaining the Senate. bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. H 297 - APPROPRIATIONS - TRANSPORTATION There being no objection, the House returned to the Seventh DEPARTMENT Order of Business. Mr. Moyle moved that all rules of the House interfering with Motions, Memorials, and Resolutions the immediate consideration of H 297 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State H 296 - APPROPRIATIONS - PARDONS AND PAROLE of Idaho, requiring all bills to be read on three several days be COMMISSION dispensed with, this being a case of urgency; and that H 297 be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 296 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that H 296 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Agidius, Anderson(01), Anderson(31), Anderst, consideration. Seconded by Mr. Rusche. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, The question being, "Shall the rules be suspended?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Mr. Speaker. Total – 64. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – None. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Absent and excused – Crane, Henderson, Kauffman, King, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Palmer, Wood(27). Total – 6. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. 236 HOUSE JOURNAL March 18, 2013]

Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mrs. Ringo to open of the membership having voted in the affirmative, the motion debate. carried, the rules were suspended, and H 297 was read the first time by title, second time by title, and third time at length, section The question being, "Shall H 298 pass?" by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Youngblood to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barrett, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding(McLean), The question being, "Shall H 297 pass?" Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Roll call resulted as follows: Meline, Miller, Moyle, Packer, Pence, Perry, Raybould, Ringo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Ward-Engelking, Wills, Wood(35), Woodings, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Youngblood, Mr. Speaker. Total – 52. Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – Barbieri, Batt, Boyle, Gestrin, Harris, Holtzclaw, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, McMillan, Mendive, Monks, Morse, Nielsen, Palmer, Patterson, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Shepherd, Sims, Vander Woude. Total – 16. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Absent and excused – Crane, Wood(27). Total – 2. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Total – 70. Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(35), Whereupon the Speaker declared that H 298 passed the Woodings, Youngblood, Mr. Speaker. Total – 67. House. Title was approved and the bill ordered transmitted to NAYS – Sims. Total – 1. the Senate. Absent and excused – Crane, Wood(27). Total – 2. Total – 70. H 299 - APPROPRIATIONS - FINANCIAL Whereupon the Speaker declared that H 297 passed the MANAGEMENT DIVISION House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 299 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State H 298 - APPROPRIATIONS - IDAHO STATE of Idaho, requiring all bills to be read on three several days be HISTORICAL SOCIETY dispensed with, this being a case of urgency; and that H 299 be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 298 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that H 298 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Agidius, Anderson(01), Anderson(31), Anderst, consideration. Seconded by Mr. Rusche. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, The question being, "Shall the rules be suspended?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Mr. Speaker. Total – 64. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – None. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Absent and excused – Crane, Henderson, Kauffman, King, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Palmer, Wood(27). Total – 6. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 64. NAYS – None. Whereupon the Speaker declared that more than two-thirds Absent and excused – Crane, Henderson, Kauffman, King, of the membership having voted in the affirmative, the motion Palmer, Wood(27). Total – 6. carried, the rules were suspended, and H 299 was read the first Total – 70. time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion At this time, the Speaker recognized Mrs. Ringo to open carried, the rules were suspended, and H 298 was read the first debate. time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 299 pass?" [March 18, 2013 HOUSE JOURNAL 237

Roll call resulted as follows: Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mr. Speaker. Total – 52. Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, NAYS – Andrus, Barbieri, Dayley, DeMordaunt, Hancey, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Holtzclaw, Luker, McMillan, Mendive, Monks, Morse, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Nielsen, Packer, Patterson, Shepherd, Sims. Total – 17. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Absent and excused – Wood(27). Total – 1. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Total – 70. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Whereupon the Speaker declared that H 300 passed the VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(35), House. Title was approved and the bill ordered transmitted to Woodings, Youngblood, Mr. Speaker. Total – 68. the Senate. NAYS – None. Absent and excused – Crane, Wood(27). Total – 2. H 301 - APPROPRIATIONS - GOVERNOR, EXECUTIVE Total – 70. OFFICE OF Whereupon the Speaker declared that H 299 passed the Mr. Moyle moved that all rules of the House interfering with House. Title was approved and the bill ordered transmitted to the immediate consideration of H 301 be suspended; that the the Senate. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be H 300 - APPROPRIATIONS - LEGISLATIVE COUNCIL dispensed with, this being a case of urgency; and that H 301 be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 300 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that H 300 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Agidius, Anderson(01), Anderson(31), Anderst, consideration. Seconded by Mr. Rusche. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, The question being, "Shall the rules be suspended?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, Mr. Speaker. Total – 64. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – None. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Absent and excused – Crane, Henderson, Kauffman, King, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Palmer, Wood(27). Total – 6. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 64. Whereupon the Speaker declared that more than two-thirds NAYS – None. of the membership having voted in the affirmative, the motion Absent and excused – Crane, Henderson, Kauffman, King, carried, the rules were suspended, and H 301 was read the first Palmer, Wood(27). Total – 6. time by title, second time by title, and third time at length, section Total – 70. by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mr. Thompson to open of the membership having voted in the affirmative, the motion debate. carried, the rules were suspended, and H 300 was read the first time by title, second time by title, and third time at length, section The question being, "Shall H 301 pass?" by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Ringo to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, The question being, "Shall H 300 pass?" Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Roll call resulted as follows: King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Clow, Collins, Crane, Denney, Erpelding(McLean), Eskridge, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Gannon, Gestrin, Gibbs, Hartgen, Henderson, Hixon, Horman, Ward-Engelking, Wills, Woodings, Youngblood, Mr. Speaker. Kauffman, King, Kloc, Loertscher, Malek, Meline, Miller, Moyle, Total – 63. Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, 238 HOUSE JOURNAL March 18, 2013]

NAYS – Barbieri, Barrett, Harris, McMillan, Sims, There being no objection, the House advanced to the Eighth Wood(35). Total – 6. Order of Business. Absent and excused – Wood(27). Total – 1. Total – 70. Introduction, First Reading, and Reference Whereupon the Speaker declared that H 301 passed the of Bills and Joint Resolutions House. Title was approved and the bill ordered transmitted to the Senate. HOUSE BILL NO. 314 BY EDUCATION COMMITTEE H 302 - APPROPRIATIONS - MILITARY DIVISION AN ACT RELATING TO THE STATE BOARD OF EDUCATION; Mr. Moyle moved that all rules of the House interfering with AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE the immediate consideration of H 302 be suspended; that the ADDITION OF A NEW SECTION 33-107D, IDAHO CODE, portions of Section 15, Article 3 of the Constitution of the State TO ESTABLISH PROVISIONS RELATING TO CERTAIN of Idaho, requiring all bills to be read on three several days be AUTHORITY AND RESPONSIBILITY OF THE STATE dispensed with, this being a case of urgency; and that H 302 be BOARD OF EDUCATION; PROVIDING AN EFFECTIVE read the first time by title, second time by title, and third time at DATE; AND PROVIDING A SUNSET DATE. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" HOUSE BILL NO. 315 BY WAYS AND MEANS COMMITTEE Roll call resulted as follows: AN ACT AYES – Agidius, Anderson(01), Anderson(31), Anderst, RELATING TO THE TAXATION OF PERSONAL Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, PROPERTY; AMENDING SECTION 63-602KK, IDAHO Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, CODE, TO ESTABLISH AND REVISE PROVISIONS Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, RELATING TO CERTAIN PERSONAL PROPERTY Harris, Hartgen, Hixon, Holtzclaw, Horman, Kloc, Loertscher, BEING EXEMPT FROM TAXATION, TO REMOVE THE Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, TRIGGER, TO PROVIDE ADDITIONAL PROCEDURES Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, AND DEFINITIONS AND TO MAKE TECHNICAL Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, CORRECTIONS; AMENDING SECTION 63-803, IDAHO Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, CODE, TO PROVIDE A CORRECT CODE CITATION AND Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, TO MAKE A TECHNICAL CORRECTION; AMENDING Mr. Speaker. Total – 64. SECTION 63-803, IDAHO CODE, AS ADDED BY SECTION NAYS – None. 13, CHAPTER 339, LAWS OF 2012, TO PROVIDE Absent and excused – Crane, Henderson, Kauffman, King, A CORRECT CODE CITATION AND TO MAKE A Palmer, Wood(27). Total – 6. TECHNICAL CORRECTION; AMENDING SECTION Total – 70. 63-3638, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE, TO CLARIFY THAT MONEYS REMITTED Whereupon the Speaker declared that more than two-thirds TO TAXING DISTRICTS FOR PERSONAL PROPERTY TAX of the membership having voted in the affirmative, the motion REPLACEMENT SHALL BE TREATED AS PROPERTY carried, the rules were suspended, and H 302 was read the first TAX REVENUES FOR CERTAIN STATUTES AND TO time by title, second time by title, and third time at length, section MAKE TECHNICAL CORRECTIONS; DECLARING AN by section, and placed before the House for final consideration. EMERGENCY, PROVIDING RETROACTIVE APPLICATION At this time, the Speaker recognized Mr. Bolz to open debate. AND PROVIDING EFFECTIVE DATES. The question being, "Shall H 302 pass?" H 314 and H 315 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Roll call resulted as follows: Committee for printing. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, There being no objection, the House returned to the Fifth Collins, Crane, DeMordaunt, Denney, Erpelding(McLean), Order of Business. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Report of Standing Committees Malek, Meline, Miller, Monks, Moyle, Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, March 18, 2013 Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Mr. Speaker: Wills, Wood(35), Woodings, Youngblood, Mr. Speaker. We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 56. ADMINISTRATION, report that we have printed H 314 and NAYS – Andrus, Barbieri, Barrett, Dayley, Harris, Luker, H 315. McMillan, Mendive, Morse, Nielsen, Patterson, Shepherd, WILLS, Chairman Vander Woude. Total – 13. Absent and excused – Wood(27). Total – 1. H 314 was referred to the Education Committee. Total – 70. H 315 was referred to the Revenue and Taxation Committee. Whereupon the Speaker declared that H 302 passed the House. Title was approved and the bill ordered transmitted to There being no objection, the House advanced to the the Senate. Sixteenth Order of Business. [March 18, 2013 HOUSE JOURNAL 239

Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Tuesday, March 19, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 4:06 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 240 HOUSE JOURNAL March 19, 2013]

HOUSE JOURNAL March 18, 2013 Mr. Speaker: OF THE I transmit herewith SCR 125, SCR 126, and S 1114, as amended, which have passed the Senate. IDAHO LEGISLATURE NOVAK, Secretary SCR 125, SCR 126, and S 1114, as amended, were filed for FIRST REGULAR SESSION first reading. SIXTY-SECOND LEGISLATURE March 18, 2013 Mr. Speaker: I return herewith H 41, H 170, H 214, H 224, and H 220 which have passed the Senate. SEVENTY-SECOND LEGISLATIVE DAY NOVAK, Secretary TUESDAY, MARCH 19, 2013 H 41, H 170, H 214, H 224, and H 220 were referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives Report of Standing Committees The House convened at 10:30 a.m., the Speaker in the Chair.

Roll call showed all 70 members present. March 19, 2013 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Eric Labra, Page. ADMINISTRATION, report that we have printed House amendments to S 1072, as amended, and S 1116, as amended. WILLS, Chairman Approval of Journal March 19, 2013 March 19, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 311, H 312, ADMINISTRATION, report that we have read and approved and H 313. the House Journal of the Seventy-first Legislative Day and WILLS, Chairman recommend that same be adopted as corrected. WILLS, Chairman H 311, H 312, and H 313 were filed for second reading. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 19, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Consideration of Messages from the ADMINISTRATION, report that we have enrolled HCR 12, Governor and the Senate H 130, as amended in the Senate, and H 167, as amended in the March 18, 2013 Senate. Mr. Speaker: WILLS, Chairman I transmit herewith enrolled S 1050, S 1081, S 1083, S 1058, S 1014, and S 1032 for the signature of the Speaker. The Speaker announced he was about to sign enrolled NOVAK, Secretary HCR 12, H 130, as amended in the Senate, and H 167, as amended in the Senate, and, when so signed, ordered them The Speaker announced he was about to sign enrolled transmitted to the Senate for the signature of the President. S 1050, S 1081, S 1083, S 1058, S 1014, and S 1032 and, when so signed, ordered them returned to the Senate. March 19, 2013 March 18, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I return herewith enrolled H 26, H 44, H 46, H 118, H 117, ADMINISTRATION, report that we have transmitted enrolled H 188, H 211, H 140, H 107, H 161, H 181, HJM 1, H 55, H 251, H 141, H 233, H 234, H 235, H 236, H 237, H 238, H 184, H 253, H 255, and H 177, as amended in the Senate, which have and H 187 to the Governor at 10:45 a.m., as of this date, been signed by the President. March 18, 2013. NOVAK, Secretary WILLS, Chairman Enrolled H 26, H 44, H 46, H 118, H 117, H 188, H 211, March 18, 2013 H 140, H 107, H 161, H 181, H 55, H 251, H 253, H 255, Mr. Speaker: and H 177, as amended in the Senate, were referred to the We, your COMMITTEE ON STATE AFFAIRS, report that Judiciary, Rules, and Administration Committee for delivery to we have had under consideration HCR 26 and S 1108 and the Governor. recommend that they do pass. LOERTSCHER, Chairman Enrolled HJM 1 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. HCR 26 and S 1108 were filed for second reading. [March 19, 2013 HOUSE JOURNAL 241

March 18, 2013 Motions, Memorials, and Resolutions Mr. Speaker: We, your COMMITTEE ON AGRICULTURAL AFFAIRS, HOUSE CONCURRENT RESOLUTION NO. 30 report that we have had under consideration H 266 and H 278 and BY HEALTH AND WELFARE COMMITTEE recommend that they do pass. A CONCURRENT RESOLUTION ANDRUS, Chairman STATING FINDINGS OF THE LEGISLATURE AND DECLARING THE MONTH OF NOVEMBER "PANCREATIC H 266 and H 278 were filed for second reading. CANCER AWARENESS MONTH" IN IDAHO.

March 18, 2013 Be It Resolved by the Legislature of the State of Idaho: Mr. Speaker: WHEREAS, pancreatic cancer is one of the deadliest We, your COMMITTEE ON LOCAL GOVERNMENT, cancers, is the fourth leading cause of cancer death in the United report that we have had under consideration H 150 and States and is the only major cancer with a five year relative recommend that it do pass. survival rate in the single digits at just 6%; and BARRETT, Chairman WHEREAS, when symptoms of pancreatic cancer present H 150 was filed for second reading. themselves, it is late stage, and 74% of pancreatic cancer patients die within the first year of their diagnosis while 94% of pancreatic cancer patients die within the first five years; and March 18, 2013 WHEREAS, the incidence and death rate for pancreatic Mr. Speaker: cancer are increasing, and pancreatic cancer is anticipated to We, your COMMITTEE ON STATE AFFAIRS, return move from the fourth to the second leading cause of cancer death misdirected SCR 121 and SCR 122 to the Desk. in the United States by 2020 and possibly as early as 2015; and LOERTSCHER, Chairman WHEREAS, the Federal Government invests significantly less money in pancreatic cancer research than it does in any of SCR 121 and SCR 122 were referred to the Business the other leading cancer killers, and pancreatic cancer research Committee. constitutes only approximately 2% of the National Cancer Institute's federal research funding, a figure far too low given the March 19, 2013 severity of the disease, its mortality rate and how little is known Mr. Speaker: about how to arrest it; and We, your COMMITTEE ON TRANSPORTATION AND WHEREAS, the Pancreatic Cancer Action Network is the DEFENSE, report that we have had under consideration national organization serving the pancreatic cancer community S 1117 and recommend that it do pass. in Idaho and nationwide through a comprehensive approach that PALMER, Chairman includes public policy, research funding, patient services and public awareness and education related to developing effective S 1117 was filed for second reading. treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in Idaho support those patients currently battling March 19, 2013 pancreatic cancer as well as those who have lost their lives to Mr. Speaker: the disease and are committed to nothing less than a cure; and We, your COMMITTEE ON REVENUE AND TAXATION, WHEREAS, the good health and well-being of the residents report that we have had under consideration H 315 and of Idaho are enhanced as a direct result of increased awareness recommend that it do pass. about pancreatic cancer and research into early detection, causes COLLINS, Chairman and effective treatments. H 315 was filed for second reading. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, the House of Representatives and the Senate concurring therein, March 19, 2013 that the month of November is hereby declared as "Pancreatic Mr. Speaker: Cancer Awareness Month" in Idaho. We, your COMMITTEE ON HEALTH AND WELFARE, report that we have had under consideration S 1021 and HOUSE CONCURRENT RESOLUTION NO. 31 recommend that it do pass. BY STATE AFFAIRS COMMITTEE WOOD(27), Chairman A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND S 1021 was filed for second reading. AUTHORIZING THE LEGISLATIVE COUNCIL TO APPOINT A COMMITTEE TO UNDERTAKE AND March 19, 2013 COMPLETE A STUDY OF NATURAL RESOURCE ISSUES. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we Be It Resolved by the Legislature of the State of Idaho: have had under consideration H 295 and recommend that it do WHEREAS, the First Regular Session of the Sixty-first pass. Idaho Legislature adopted House Concurrent Resolution No. 3, DEMORDAUNT, Chairman which authorized the appointment of a committee to undertake H 295 was filed for second reading. and complete a two-year study of natural resource issues, including issues relating to water, throughout the State of Idaho; There being no objection, the House advanced to the Seventh and Order of Business. 242 HOUSE JOURNAL March 19, 2013]

WHEREAS, the committee's official term expired on CODIFIER'S ERROR AND TO MAKE TECHNICAL November 30, 2012, and numerous natural resource-related CORRECTIONS; AMENDING SECTION 33-514, IDAHO issues continue to pose concerns for the future of Idaho and the CODE, TO REVISE PROVISIONS RELATING TO A quality of life our citizens enjoy; and CATEGORY 3 CONTRACT AND TO REVISE PROVISIONS WHEREAS, issues of continued concern include, but are RELATING TO CERTAIN WRITTEN EVALUATIONS; AND not limited to, stabilization of the water distribution system, the AMENDING SECTION 33-515, IDAHO CODE, TO REVISE status of aquifers throughout the state, management of wolves in PROVISIONS RELATING TO A CERTAIN EVALUATION Idaho and the study of the implementation of the Comprehensive AFTER THE THIRD FULL YEAR OF EMPLOYMENT. Aquifer Management Plan for the Eastern Snake Plain Aquifer. NOW, THEREFORE, BE IT RESOLVED by the members of HOUSE BILL NO. 318 the First Regular Session of the Sixty-second Idaho Legislature, BY EDUCATION COMMITTEE the House of Representatives and the Senate concurring therein, AN ACT that the Legislative Council is authorized to appoint a committee RELATING TO EDUCATION; AMENDING SECTION to undertake and complete a study of natural resource issues of 33-118, IDAHO CODE, TO PROVIDE A CORRECT CODE importance to the State of Idaho. The committee shall consist of REFERENCE. ten legislators, with five from the Senate and five from the House of Representatives. The Legislative Council shall authorize the HOUSE BILL NO. 319 committee to receive input, advice and assistance from interested BY EDUCATION COMMITTEE and affected parties who are not members of the Legislature. AN ACT BE IT FURTHER RESOLVED that the Legislative Council RELATING TO EDUCATION; TO ESTABLISH is authorized to also appoint ad hoc legislative members to serve PROVISIONS RELATING TO THE EXPENDITURE OF on the committee. CERTAIN MONEYS FOR A CERTAIN TIME PERIOD, BE IT FURTHER RESOLVED that the cochairmen of the TO ESTABLISH PROVISIONS RELATING TO THE committee are authorized to appoint advisors with technical DETERMINATION OF A CERTAIN AMOUNT AND TO expertise in the water supply arena and are expected to receive PROVIDE THAT SCHOOL DISTRICTS SHALL PROVIDE input from stakeholders in the water rights system of Idaho to CERTAIN INFORMATION. attempt to stabilize the water delivery system in this state. BE IT FURTHER RESOLVED that any advisors to the H 316, H 317, H 318, and H 319 were introduced, read committee who are not legislative members shall not be the first time by title, and referred to the Judiciary, Rules, and reimbursed from legislative funds for per diem, mileage or other Administration Committee for printing. expenses and shall not have voting privileges regarding the S 1072, as amended, as amended in the House, by Health and committee's recommendations and proposed legislation. Welfare Committee, was introduced, read the first time by title, BE IT FURTHER RESOLVED that the committee shall and filed for second reading. make a progress report to the Second Regular Session of the Sixty-second Idaho Legislature and shall make a report detailing S 1116, as amended, as amended in the House, by Judiciary its findings, recommendations and proposed legislation, if any, and Rules Committee, was introduced, read the first time by title, to the First Regular Session of the Sixty-third Idaho Legislature. and filed for second reading. HCR 30 and HCR 31 were introduced, read the first time S 1114, as amended, by Judiciary and Rules Committee, was by title, and referred to the Judiciary, Rules, and Administration introduced, read the first time by title, and referred to the Health Committee for printing. and Welfare Committee. There being no objection, the House advanced to the Tenth SCR 125 and SCR 126, by State Affairs Committee, were Order of Business. introduced, read the first time by title, and referred to the State Affairs Committee. Second Reading of Bills and Joint Resolutions Introduction, First Reading, and Reference of Bills and Joint Resolutions HCR 27, H 274, and H 279, by State Affairs Committee, HOUSE BILL NO. 316 were read the second time by title and filed for third reading. BY EDUCATION COMMITTEE AN ACT HCR 29, by Ways and Means Committee, was read the RELATING TO EDUCATION; AMENDING SECTION second time by title and filed for third reading. 33-513, IDAHO CODE, AS AMENDED IN SECTION 1, HOUSE BILL NO. 259, AS ENACTED BY THE FIRST REGULAR SESSION, SIXTY-SECOND IDAHO H 310, by Appropriations Committee, was read the second LEGISLATURE, TO REVISE PROVISIONS REGARDING time by title and filed for third reading. AN EMPLOYEE'S INVOLUNTARY LEAVE OF ABSENCE AND PAYMENT THEREOF. H 286, by Revenue and Taxation Committee, was read the HOUSE BILL NO. 317 second time by title and filed for third reading. BY EDUCATION COMMITTEE AN ACT H 241 and H 292, by Health and Welfare Committee, were RELATING TO EDUCATION; AMENDING SECTION read the second time by title and filed for third reading. 33-513, IDAHO CODE, TO ESTABLISH PROVISIONS RELATING TO A WRITTEN EVALUATION OF CERTAIN SCR 114 and SCR 115, by Judiciary and Rules Committee, EMPLOYEE'S PERFORMANCE, TO CORRECT A were read the second time by title and filed for third reading. [March 19, 2013 HOUSE JOURNAL 243

Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mr. Bolz to open debate. Mr. Moyle asked unanimous consent that H 265, as The question being, "Shall H 303 pass?" amended, be placed on General Orders for consideration. There being no objection it was so ordered. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, H 250 - SALES TAX - EXEMPTIONS Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, H 250 was read the third time at length, section by section, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, and placed before the House for final consideration. Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, At this time, the Speaker recognized Mr. Anderson(1) and Meline, Mendive, Miller, Monks, Morse, Moyle, Packer, Mr. Burgoyne to open debate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall H 250 pass?" Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Roll call resulted as follows: Youngblood, Mr. Speaker. Total – 63. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Barbieri, Barrett, McMillan, Nielsen, Shepherd, Andrus, Barrett, Bateman, Batt, Bolz, Boyle, Burgoyne, Clow, Sims. Total – 6. Collins, Crane, Dayley, Denney, Erpelding(McLean), Eskridge, Absent and excused – Wood(35). Total – 1. Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Total – 70. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Whereupon the Speaker declared that H 303 passed the Malek, Meline, Miller, Monks, Morse, Nielsen, Packer, Patterson, House. Title was approved and the bill ordered transmitted to Pence, Perry, Raybould, Romrell, Shepherd, Sims, Smith, the Senate. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, H 304 - APPROPRIATIONS - BRAND INSPECTION AND Youngblood, Mr. Speaker. Total – 59. RACING COMMISSION NAYS – Barbieri, Bell, Chew, DeMordaunt, Harris, McMillan, Mendive, Moyle, Palmer, Ringo, Rusche. Total – 11. H 304 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that H 250 passed the At this time, the Speaker recognized Mr. Youngblood to open House. Title was approved and the bill ordered transmitted to debate. the Senate. The question being, "Shall H 304 pass?" H 275 - EDUCATION Roll call resulted as follows: H 275 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Mrs. Ward-Engelking Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, to open debate. Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall H 275 pass?" Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 69. Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, NAYS – None. Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Absent and excused – Wood(35). Total – 1. Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Total – 70. Mendive, Miller, Monks, Morse, Nielsen, Packer, Palmer, Whereupon the Speaker declared that H 304 passed the Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, House. Title was approved and the bill ordered transmitted to Shepherd, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, the Senate. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood. Total – 65. H 305 - APPROPRIATIONS - JUVENILE CORRECTIONS NAYS – McMillan, Moyle, Sims, Thompson, Mr. Speaker. DEPARTMENT Total – 5. Total – 70. H 305 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that H 275 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Bolz to open debate. the Senate. The question being, "Shall H 305 pass?" H 303 - APPROPRIATIONS - IDAHO STATE POLICE Roll call resulted as follows: H 303 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, 244 HOUSE JOURNAL March 19, 2013]

Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – Barbieri, Barrett, Boyle, Holtzclaw, Luker, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, McMillan, Mendive, Monks, Nielsen, Palmer, Patterson, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Shepherd, Sims. Total – 13. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Total – 70. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared that H 291 passed the Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, House. Title was approved and the bill ordered transmitted to VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), the Senate. Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. H 80 - EMERGENCY COMMUNICATIONS Absent and excused – Wood(35). Total – 1. Total – 70. H 80 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that H 305 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Wills to open the Senate. debate. Pursuant to Rule 38(3), Mr. Wills disclosed a conflict of H 306 - APPROPRIATIONS - SUPREME COURT interest regarding H 80. H 306 was read the third time at length, section by section, The question being, "Shall H 80 pass?" and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bolz to open debate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 306 pass?" Andrus, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Roll call resulted as follows: Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, Morse, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Nielsen, Packer, Pence, Perry, Raybould, Ringo, Romrell, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Rusche, Shepherd, Smith, Thompson, Trujillo, VanOrden, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Youngblood, Mr. Speaker. Total – 56. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, NAYS – Barbieri, Boyle, Crane, Harris, Holtzclaw, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, McMillan, Mendive, Monks, Moyle, Palmer, Patterson, Sims, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Stevenson, Vander Woude. Total – 14. Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Total – 70. Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. Whereupon the Speaker declared that H 80 passed the House. Absent and excused – Ward-Engelking. Total – 1. Title was approved and the bill ordered transmitted to the Senate. Total – 70. H 271 - WATER QUALITY Whereupon the Speaker declared that H 306 passed the House. Title was approved and the bill ordered transmitted to H 271 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Trujillo to open H 291 - HOSPITALIZATION - MENTALLY ILL debate. H 291 was read the third time at length, section by section, Pursuant to Rule 38(3), Mrs. Batt disclosed a conflict of and placed before the House for final consideration. interest regarding H 271. At this time, the Speaker recognized Mr. Wood(27) to open The question being, "Shall H 271 pass?" debate. The question being, "Shall H 291 pass?" Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Roll call resulted as follows: Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Harris, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Kloc, Loertscher, Malek, Meline, Miller, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Youngblood, Mr. Speaker. Total – 57. NAYS – None. [March 19, 2013 HOUSE JOURNAL 245

Whereupon the Speaker declared that H 271 passed the At this time, the Speaker recognized Mr. Nielsen to open House. Title was approved and the bill ordered transmitted to debate. the Senate. The question being, "Shall S 1093 pass?" H 231, as amended - PUBLIC WORKS Roll call resulted as follows: H 231, as amended, was read the third time at length, section AYES – Agidius, Anderson(01), Anderst, Andrus, Bateman, by section, and placed before the House for final consideration. Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding(McLean), Eskridge, Gestrin, At this time, the Speaker recognized Mr. Loertscher to open Gibbs, Hancey, Harris, Henderson, Hixon, Horman, Kauffman, debate. Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Pursuant to Rule 38(3), Mr. Crane disclosed a conflict of Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, interest regarding H 231, as amended. Stevenson, VanOrden, Vander Woude, Ward-Engelking, Wills, The question being, "Shall H 231, as amended, pass?" Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 57. NAYS – Anderson(31), Barbieri, Barrett, Burgoyne, Gannon, Roll call resulted as follows: Hartgen, Holtzclaw, King, McMillan, Ringo, Thompson, Trujillo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35). Total – 13. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Whereupon the Speaker declared that S 1093 passed the Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, House. Title was approved and the bill ordered returned to the Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Senate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, S 1097, as amended - EDUCATION Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), S 1097, as amended, was read the third time at length, section Woodings, Youngblood, Mr. Speaker. Total – 69. by section, and placed before the House for final consideration. NAYS – None. Absent and excused – Shepherd. Total – 1. At this time, the Speaker recognized Mrs. VanOrden to open Total – 70. debate. Whereupon the Speaker declared that H 231, as The question being, "Shall S 1097, as amended, pass?" amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, HJM 2 - FEDERAL COMMUNICATIONS COMMISSION Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, - ENFORCEMENT Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, HJM 2 was read the third time at length and placed before Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, the House for final consideration. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, At this time, the Speaker recognized Mr. Bolz to open debate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall HJM 2 be adopted?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Woodings, Roll call resulted as follows: Youngblood, Mr. Speaker. Total – 67. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, NAYS – Barrett, Vander Woude, Wood(35). Total – 3. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Total – 70. Crane, Dayley, DeMordaunt, Denney, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared that S 1097, as Kauffman, Loertscher, Luker, McMillan, Meline, Mendive, amended, passed the House. Title was approved and the bill Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, ordered returned to the Senate. Perry, Raybould, Romrell, Shepherd, Sims, Smith, Stevenson, Mr. Moyle asked unanimous consent that the House recess Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), until 3:30 p.m. Wood(35), Youngblood, Mr. Speaker. Total – 57. NAYS – Anderson(01), Burgoyne, Chew, Without objection, the Speaker declared the House at recess Erpelding(McLean), Gannon, King, Kloc, Malek, Pence, Ringo, until 3:30 p.m. Rusche, Ward-Engelking, Woodings. Total – 13. RECESS Total – 70. Afternoon Session Whereupon the Speaker declared HJM 2 adopted and The House reconvened at 3:30 p.m., the Speaker in the Chair. ordered the memorial transmitted to the Senate. Prior to recess, the House was at the Eleventh Order of S 1093 - EDUCATION Business. S 1093 was read the third time at length, section by section, There being no objection, the House returned to the Eighth and placed before the House for final consideration. Order of Business. 246 HOUSE JOURNAL March 19, 2013]

Introduction, First Reading, and Reference H 320, H 321, and H 322 were introduced, read the first time of Bills and Joint Resolutions by title, and referred to the Judiciary, Rules, and Administration Committee for printing.

HOUSE BILL NO. 320 There being no objection, the House returned to the Fifth BY WAYS AND MEANS COMMITTEE Order of Business. AN ACT RELATING TO CORONER'S INQUESTS; AMENDING Report of Standing Committees SECTION 19-4301B, IDAHO CODE, TO PROVIDE NOTICE REQUIREMENTS RELATING TO THE PERFORMANCE OF March 19, 2013 CERTAIN AUTOPSIES. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 320, H 321, HOUSE BILL NO. 321 and H 322. BY WAYS AND MEANS COMMITTEE WILLS, Chairman AN ACT RELATING TO HIGHWAYS; PROVIDING H 320 was referred to the State Affairs Committee. LEGISLATIVE INTENT; AMENDING SECTION 40-114, H 321 was referred to the Transportation and Defense IDAHO CODE, TO REVISE DEFINITIONS AND TO Committee. MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-202, IDAHO CODE, TO REVISE PROVISIONS H 322 was filed for second reading. RELATING TO A CERTAIN MAP, TO ESTABLISH There being no objection, the House advanced to the Seventh PROVISIONS RELATING TO DESIGNATING A NEW Order of Business. HIGHWAY OR PUBLIC RIGHT-OF-WAY ON THE OFFICIAL MAP, TO ESTABLISH PROVISIONS RELATING TO NOTICE, TO ESTABLISH PROVISIONS RELATING TO Motions, Memorials, and Resolutions THE PURPOSE OF AN OFFICIAL MAP AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION Mr. Moyle asked unanimous consent that S 1080 be placed 40-203, IDAHO CODE, TO ESTABLISH PROVISIONS on General Orders for consideration. There being no objection it RELATING TO A BURDEN OF PROOF, TO REMOVE was so ordered. LANGUAGE RELATING TO A HIGHWAY ABANDONED AND VACATED AND THAT PUBLIC USE OF A CERTAIN H 315 - PERSONAL PROPERTY TAX HIGHWAY OR PUBLIC RIGHT-OF-WAY MAY NOT BE Mr. Moyle moved that all rules of the House interfering with RESTRICTED, TO ESTABLISH PROVISIONS RELATING the immediate consideration of H 315 be suspended; that the TO CERTAIN PROCEEDINGS DETERMINING THE portions of Section 15, Article 3 of the Constitution of the State PUBLIC STATUS OR WIDTH OF A HIGHWAY OR PUBLIC of Idaho, requiring all bills to be read on three several days be RIGHT-OF-WAY, TO ESTABLISH PROVISIONS WHERE dispensed with, this being a case of urgency; and that H 315 be CERTAIN HIGHWAYS OR PUBLIC RIGHTS-OF-WAY read the first time by title, second time by title, and third time at MAY BE ABANDONED AND VACATED ONLY UPON length, section by section, and placed before the House for final A FORMAL DETERMINATION AND TO MAKE A consideration. Seconded by Mr. Rusche. TECHNICAL CORRECTION; AMENDING SECTION 40-208, IDAHO CODE, TO REVISE PROVISIONS RELATING The question being, "Shall the rules be suspended?" TO JUDICIAL REVIEW, TO ESTABLISH PROVISIONS RELATING TO A PETITION AND TO MAKE A TECHNICAL Roll call resulted as follows: CORRECTION; AMENDING SECTION 40-2312, IDAHO AYES – Anderson(31), Anderst, Andrus, Barbieri, CODE, TO REVISE PROVISIONS RELATING TO WIDTH OF Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, CERTAIN HIGHWAYS AND TO ESTABLISH PROVISIONS Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, RELATING TO CERTAIN HIGHWAYS THAT AT THE TIME Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, OF A VALIDATION OR JUDICIAL PROCEEDING ARE Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, NOT LOCATED ON CERTAIN LANDS; AND DECLARING Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, AN EMERGENCY. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, HOUSE BILL NO. 322 VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), BY WAYS AND MEANS COMMITTEE Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. AN ACT NAYS – Agidius, Ringo. Total – 2. RELATING TO OVERWEIGHT OR OVERSIZE LOADS; Absent and excused – Anderson(01), Kloc. Total – 2. AMENDING SECTION 49-1004A, IDAHO CODE, AS Total – 70. ADDED BY SECTION 1, SENATE BILL NO. 1117, AS ENACTED BY THE FIRST REGULAR SESSION OF THE Whereupon the Speaker declared that more than two-thirds SIXTY-SECOND IDAHO LEGISLATURE, TO PROVIDE FOR of the membership having voted in the affirmative, the motion SPECIAL PERMITS FOR NEW DESIGNATED SPECIAL carried, the rules were suspended, and H 315 was read the first ROUTES, TO PROVIDE FOR THE ANALYSIS OF NEW time by title, second time by title, and third time at length, section SPECIAL ROUTES, TO PROVIDE AUTHORITY TO A by section, and placed before the House for final consideration. LOCAL JURISDICTION AND TO PROVIDE CONDITIONS At this time, the Speaker recognized Mr. Collins and FOR A NOTICE AND HEARING. Mr. Moyle to open debate. [March 19, 2013 HOUSE JOURNAL 247

Pursuant to Rule 38(3), Mr. Mendive disclosed a conflict of Roll call resulted as follows: interest regarding H 315. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Pursuant to Rule 38(3), Ms. Stevenson disclosed a conflict Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, of interest regarding H 315. Denney, Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall H 315 pass?" Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Denney, Erpelding(McLean), Eskridge, Gestrin, Gibbs, Hancey, NAYS – None. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Absent and excused – Kloc. Total – 1. Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Total – 70. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Whereupon the Speaker declared HCR 27 adopted and Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, ordered the resolution transmitted to the Senate. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. HCR 29 - PUBLIC UTILITIES COMMISSION NAYS – Gannon, Ringo. Total – 2. Absent and excused – Kloc. Total – 1. Mr. Moyle moved that all rules of the House interfering with Total – 70. the immediate consideration of HCR 29 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that H 315 passed the of Idaho, requiring all bills to be read on three several days be House. Title was approved and the bill ordered transmitted to dispensed with, this being a case of urgency; and that HCR 29 be the Senate. read the first time by title, second time by title, and third time at length, and placed before the House for final consideration. Seconded by Mr. Rusche. HCR 27 - PRINTING CONTRACT - SESSION LAWS The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of HCR 27 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Anderson(31), Anderst, Andrus, Barbieri, of Idaho, requiring all bills to be read on three several days be Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, dispensed with, this being a case of urgency; and that HCR 27 be Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, read the first time by title, second time by title, and third time Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, at length, and placed before the House for final consideration. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Seconded by Mr. Rusche. Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall the rules be suspended?" Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Anderson(31), Anderst, Andrus, Barbieri, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, NAYS – Agidius, Ringo. Total – 2. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Absent and excused – Anderson(01), Kloc. Total – 2. Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Total – 70. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Whereupon the Speaker declared that more than two-thirds Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, of the membership having voted in the affirmative, the motion Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, carried, the rules were suspended, and HCR 29 was read the first Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, time by title, second time by title, and third time at length, and VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), placed before the House for final consideration. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. At this time, the Speaker recognized Mr. Eskridge to open NAYS – Agidius, Ringo. Total – 2. debate. Absent and excused – Anderson(01), Kloc. Total – 2. Total – 70. The question being, "Shall HCR 29 be adopted?" Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared HCR 29 adopted by voice of the membership having voted in the affirmative, the motion vote and ordered the resolution transmitted to the Senate. carried, the rules were suspended, and HCR 27 was read the first time by title, second time by title, and third time at length, and H 310 - APPROPRIATIONS - DEPARTMENT OF placed before the House for final consideration. HEALTH AND WELFARE - INDEPENDENT COUNCILS/ INDIRECT SUPPORT SERVICES/LICENSING AND At this time, the Speaker recognized Mr. Wills to open CERTIFICATION debate. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall HCR 27 be adopted?" the immediate consideration of H 310 be suspended; that the 248 HOUSE JOURNAL March 19, 2013] portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson(31), Anderst, Andrus, Barbieri, dispensed with, this being a case of urgency; and that H 310 be Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, read the first time by title, second time by title, and third time at Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, length, section by section, and placed before the House for final Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, consideration. Seconded by Mr. Rusche. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, The question being, "Shall the rules be suspended?" Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Roll call resulted as follows: Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, AYES – Anderson(31), Anderst, Andrus, Barbieri, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, NAYS – Agidius, Ringo. Total – 2. Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – Anderson(01), Kloc. Total – 2. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Total – 70. Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that more than two-thirds Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, of the membership having voted in the affirmative, the motion Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, carried, the rules were suspended, and H 241 was read the first VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), time by title, second time by title, and third time at length, section Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. by section, and placed before the House for final consideration. NAYS – Agidius, Ringo. Total – 2. Absent and excused – Anderson(01), Kloc. Total – 2. At this time, the Speaker recognized Mr. Malek to open Total – 70. debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 241 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 310 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Agidius, Anderson(01), Anderst, Andrus, by section, and placed before the House for final consideration. Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, At this time, the Speaker recognized Ms. Stevenson to open Erpelding(McLean), Eskridge, Gannon, Gibbs, Hancey, Hartgen, debate. Henderson, Hixon, Horman, Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Miller, Morse, Moyle, Nielsen, The question being, "Shall H 310 pass?" Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Roll call resulted as follows: Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Youngblood, Mr. Speaker. Total – 58. Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, NAYS – Anderson(31), Boyle, Gestrin, Harris, Holtzclaw, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Mendive, Monks, Palmer, Shepherd, Sims, Stevenson. Total – 11. Erpelding(McLean), Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – Kloc. Total – 1. Hartgen, Henderson, Horman, Kauffman, King, Loertscher, Total – 70. Malek, Meline, Miller, Monks, Morse, Moyle, Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Whereupon the Speaker declared that H 241 passed the Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, House. Title was approved and the bill ordered transmitted to Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, the Senate. Youngblood, Mr. Speaker. Total – 58. NAYS – Barbieri, Harris, Hixon, Holtzclaw, Luker, There being no objection, the House advanced to the McMillan, Mendive, Nielsen, Patterson, Sims, Wood(35). Eleventh Order of Business. Total – 11. Third Reading of Bills and Joint Resolutions Absent and excused – Kloc. Total – 1. Total – 70. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one Whereupon the Speaker declared that H 310 passed the legislative day. There being no objection, it was so ordered. House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. H 241 - SCRAP DEALERS Adjournment Mr. Moyle moved that all rules of the House interfering with Mr. Moyle moved that the House adjourn until 10:30 a.m., the immediate consideration of H 241 be suspended; that the Wednesday, March 20, 2013. Seconded by Mr. Rusche. Motion portions of Section 15, Article 3 of the Constitution of the State carried. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 241 be Whereupon the Speaker declared the House adjourned at read the first time by title, second time by title, and third time at 4:51 p.m. length, section by section, and placed before the House for final SCOTT BEDKE, Speaker consideration. Seconded by Mr. Rusche. ATTEST: The question being, "Shall the rules be suspended?" BONNIE ALEXANDER, Chief Clerk [March 20, 2013 HOUSE JOURNAL 249

HOUSE JOURNAL Enrolled H 53, H 159, H 105, H 252, H 254, H 262, H 263, H 43, and H 100 were referred to the Judiciary, Rules, and OF THE Administration Committee for delivery to the Governor. March 19, 2013 IDAHO LEGISLATURE Mr. Speaker: I transmit herewith S 1160, S 1161, S 1162, S 1163, S 1164, FIRST REGULAR SESSION S 1155, S 1156, S 1060, S 1123, S 1136, S 1157, S 1135, S 1146, SIXTY-SECOND LEGISLATURE S 1047, as amended, and S 1134, as amended, which have passed the Senate. NOVAK, Secretary S 1160, S 1161, S 1162, S 1163, S 1164, S 1155, S 1156, S 1060, S 1123, S 1136, S 1157, S 1135, S 1146, S 1047, as SEVENTY-THIRD LEGISLATIVE DAY amended, and S 1134, as amended, were filed for first reading. WEDNESDAY, MARCH 20, 2013 March 19, 2013 Mr. Speaker: House of Representatives I return herewith H 199, H 269, H 270, H 102, H 244, H 216, H 76, H 127, H 162, H 185, H 218, H 225, H 110, and H 113, The House convened at 10:30 a.m., the Speaker in the Chair. as amended, which have passed the Senate. Roll call showed 66 members present. NOVAK, Secretary Absent and excused – Boyle, Burgoyne, Henderson, H 199, H 269, H 270, H 102, H 244, H 216, H 76, H 127, Wood(27). Total – 4. H 162, H 185, H 218, H 225, H 110, and H 113, as amended, Total – 70. were referred to the Judiciary, Rules, and Administration Prayer was offered by Chaplain Tom Dougherty. Committee for enrolling. The Pledge of Allegiance was led by Laura Spencer, Page. March 19, 2013 Mr. Speaker: Approval of Journal I return herewith H 73, as amended in the Senate, and H 217, as amended in the Senate, which have passed the Senate. March 20, 2013 NOVAK, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 73, as amended in the Senate, and H 217, as amended in ADMINISTRATION, report that we have read and approved the Senate, were ordered held at the Desk. the House Journal of the Seventy-second Legislative Day and Mr. Loertscher asked unanimous consent that the House recommend that same be adopted as corrected. concur in the Senate amendments to H 73, as amended in the WILLS, Chairman Senate. There being no objection, it was so ordered. Mr. Wills moved that the report be adopted. Seconded by Ms. Sims asked unanimous consent that the House concur Mr. Burgoyne. Report adopted. in the Senate amendments to H 217, as amended in the Senate. Consideration of Messages from the There being no objection, it was so ordered. Governor and the Senate H 73, as amended in the Senate, and H 217, as amended March 19, 2013 in the Senate, were referred to the Judiciary, Rules, and Mr. Speaker: Administration Committee for engrossing. I transmit herewith enrolled S 1025, S 1057, as amended, S 1091, as amended, S 1098, S 1048, as amended, S 1034, S 1035, Report of Standing Committees S 1128, S 1129, S 1130, S 1131, S 1132, S 1139, S 1140, S 1143, S 1144, S 1063, S 1100, S 1033, as amended, S 1061, S 1062, March 20, 2013 as amended, S 1142, S 1006, as amended, and S 1064 for the Mr. Speaker: signature of the Speaker. We, your COMMITTEE ON JUDICIARY, RULES, AND NOVAK, Secretary ADMINISTRATION, report that we have printed HCR 30, HCR 31, H 316, H 317, H 318, and H 319. The Speaker announced he was about to sign enrolled WILLS, Chairman S 1025, S 1057, as amended, S 1091, as amended, S 1098, S 1048, as amended, S 1034, S 1035, S 1128, S 1129, S 1130, HCR 30, H 318, and H 319 were filed for second reading. S 1131, S 1132, S 1139, S 1140, S 1143, S 1144, S 1063, S 1100, HCR 31 was referred to the Resources and Conservation S 1033, as amended, S 1061, S 1062, as amended, S 1142, Committee. S 1006, as amended, and S 1064 and, when so signed, ordered them returned to the Senate. H 316 and H 317 were referred to the Education Committee. March 19, 2013 March 20, 2013 Mr. Speaker: Mr. Speaker: I return herewith enrolled H 53, H 159, H 105, H 252, H 254, We, your COMMITTEE ON JUDICIARY, RULES, AND H 262, H 263, H 43, and H 100 which have been signed by the ADMINISTRATION, report that we have enrolled H 41, H 170, President. H 214, H 224, and H 220. NOVAK, Secretary WILLS, Chairman 250 HOUSE JOURNAL March 20, 2013]

The Speaker announced he was about to sign enrolled H 41, SCR 117, SCR 118, and SCR 119 were filed for second H 170, H 214, H 224, and H 220 and, when so signed, ordered reading. them transmitted to the Senate for the signature of the President. March 20, 2013 March 20, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we We, your COMMITTEE ON JUDICIARY, RULES, AND have had under consideration H 314 and recommend that it do ADMINISTRATION, report that we have transmitted enrolled pass. H 26, H 44, H 46, H 118, H 117, H 188, H 211, H 140, H 107, DEMORDAUNT, Chairman H 161, H 181, H 55, H 251, H 253, H 255, and H 177, as amended in the Senate, to the Governor at 11 a.m., as of this date, H 314 was filed for second reading. March 19, 2013. WILLS, Chairman There being no objection, the House advanced to the Eighth Order of Business. March 20, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Introduction, First Reading, and Reference ADMINISTRATION, report that we have transmitted enrolled of Bills and Joint Resolutions HJM 1 to the Secretary of State at 11:01 a.m., as of this date, March 19, 2013. WILLS, Chairman HOUSE BILL NO. 323 BY APPROPRIATIONS COMMITTEE AN ACT March 19, 2013 RELATING TO PUBLIC SCHOOLS; STATING Mr. Speaker: FUND SOURCES FOR THE APPROPRIATION TO We, your COMMITTEE ON STATE AFFAIRS, report that THE PUBLIC SCHOOLS EDUCATIONAL SUPPORT we have had under consideration HCR 21, HCR 22, S 1105, and PROGRAM FOR FISCAL YEAR 2014; APPROPRIATING SCR 112 and recommend that they do pass. MONEYS FOR THE TRANSFER TO THE PUBLIC LOERTSCHER, Chairman SCHOOL INCOME FUND FOR FISCAL YEAR 2014; APPROPRIATING MONEYS TO THE PUBLIC SCHOOLS HCR 21, HCR 22, S 1105, and SCR 112 were filed for EDUCATIONAL SUPPORT PROGRAM/DIVISION second reading. OF ADMINISTRATORS FOR FISCAL YEAR 2014; March 19, 2013 APPROPRIATING MONEYS TO THE PUBLIC SCHOOLS Mr. Speaker: EDUCATIONAL SUPPORT PROGRAM/DIVISION OF We, your COMMITTEE ON BUSINESS, report that we have TEACHERS FOR FISCAL YEAR 2014; APPROPRIATING had under consideration H 273 and recommend that it do pass. MONEYS TO THE PUBLIC SCHOOLS EDUCATIONAL HENDERSON, Chairman SUPPORT PROGRAM/DIVISION OF OPERATIONS FOR FISCAL YEAR 2014; APPROPRIATING MONEYS TO H 273 was filed for second reading. THE PUBLIC SCHOOLS EDUCATIONAL SUPPORT PROGRAM/DIVISION OF CHILDREN'S PROGRAMS March 19, 2013 FOR FISCAL YEAR 2014; APPROPRIATING MONEYS Mr. Speaker: TO THE PUBLIC SCHOOLS EDUCATIONAL SUPPORT We, your COMMITTEE ON JUDICIARY, RULES, PROGRAM/DIVISION OF FACILITIES FOR FISCAL AND ADMINISTRATION, report that we have had under YEAR 2014; PROVIDING THE NECESSARY FUNDS consideration S 1018, as amended, as amended, S 1059, as FOR THE BOND LEVY EQUALIZATION PROGRAM; amended, S 1119, and S 1122 and recommend that they do pass. LIMITING THE AMOUNT OF REVENUE DISTRIBUTED WILLS, Chairman TO THE GENERAL FUND; APPROPRIATING MONEYS S 1018, as amended, as amended, S 1059, as amended, TO THE PUBLIC SCHOOLS EDUCATIONAL SUPPORT S 1119, and S 1122 were filed for second reading. PROGRAM/DIVISION OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND FOR FISCAL YEAR 2014; AMENDING SECTION 33-1004A, IDAHO CODE, March 19, 2013 TO RESTORE TWO YEARS OF EXPERIENCE ON Mr. Speaker: THE MULTIPLIER TABLE; AMENDING SECTION We, your COMMITTEE ON COMMERCE AND HUMAN 33-1004E, IDAHO CODE, TO ADJUST THE MINIMUM RESOURCES, report that we have had under consideration INSTRUCTIONAL STAFF SALARY; PROVIDING S 1045, as amended, S 1068, as amended, and S 1106, as GUIDANCE FOR THE IDAHO DIGITAL LEARNING amended, and recommend that they do pass. ACADEMY; PROVIDING THAT $4,331,400 OF TOBACCO, HARTGEN, Chairman CIGARETTE AND LOTTERY INCOME TAX MONEYS BE USED AS DISCRETIONARY FUNDS; DIRECTING S 1045, as amended, S 1068, as amended, and S 1106, as THE USE OF $368,600 OF TOBACCO, CIGARETTE amended, were filed for second reading. AND LOTTERY INCOME TAX MONEYS; PROVIDING March 20, 2013 THAT TWO-THIRDS OF THE FUNDS FROM THE Mr. Speaker: SCHOOL DISTRICT BUILDING ACCOUNT BE USED We, your COMMITTEE ON STATE AFFAIRS, report AS DISCRETIONARY FUNDS; RELIEVING THE STATE that we have had under consideration SCR 117, SCR 118, and FROM TWO-THIRDS OF THE REQUIREMENT TO SCR 119 and recommend that they do pass. PROVIDE SCHOOL MAINTENANCE MATCHING FUNDS; LOERTSCHER, Chairman PROVIDING AN ESTIMATE OF DISCRETIONARY [March 20, 2013 HOUSE JOURNAL 251

FUNDS PER SUPPORT UNIT AT $20,000; DIRECTING There being no objection, the House advanced to the Tenth THE USE OF $10,500,000 FOR READING AND MATH Order of Business. INITIATIVES, AND REMEDIATION; DIRECTING THE USE OF $4,000,000 FOR LIMITED ENGLISH PROFICIENCY Second Reading of Bills and Joint Resolutions PROGRAMS; DIRECTING THE USE OF $1,703,500 FOR THE DEVELOPMENT OR ADMINISTRATION OF H 311, H 312, and H 313, by Appropriations Committee, ASSESSMENTS AND EXAMS; DIRECTING THE USE were read the second time by title and filed for third reading. OF $2,500,000 FOR INFORMATION TECHNOLOGY HCR 26, H 266, and H 278, by State Affairs Committee, STAFFING COSTS; DIRECTING THE USE OF $300,000 were read the second time by title and filed for third reading. FOR PROFESSIONAL DEVELOPMENT AND TRAINING FOR TEACHER AND ADMINISTRATOR EVALUATIONS; S 1108 and S 1117, by State Affairs Committee, were read DIRECTING THE USE OF $100,000 FOR A SAFE SCHOOLS the second time by title and filed for third reading. TASK FORCE AND ASSESSMENT TOOLS; DIRECTING THE USE OF $21,000,000 FOR DIFFERENTIAL PAY H 150, by Judiciary, Rules, and Administration Committee, FOR EXCELLENCE IN ACHIEVEMENT AWARDS AND was read the second time by title and filed for third reading. PROFESSIONAL DEVELOPMENT; DIRECTING THE USE OF $13,400,000 FOR TECHNOLOGY, WIRELESS S 1021 and S 1072, as amended, as amended in the House, TECHNOLOGY INFRASTRUCTURE, TECHNOLOGY by Health and Welfare Committee, were read the second time by PILOT PROJECTS, AND AN INTERNET-BASED PORTAL; title and filed for third reading. DIRECTING THE USE OF $4,500,000 FOR MAINTENANCE, OPERATION, AND LICENSING OF AN INSTRUCTIONAL H 295, by Education Committee, was read the second time MANAGEMENT SYSTEM; DIRECTING THE USE OF by title and filed for third reading. $3,755,000 FOR PROFESSIONAL DEVELOPMENT AND S 1116, as amended, as amended in the House, by Judiciary TRAINING REGARDING IDAHO CORE STANDARDS; and Rules Committee, was read the second time by title and filed DIRECTING THE USE OF $150,000 FOR TECHNOLOGY for third reading. PROFESSIONAL DEVELOPMENT; DIRECTING THAT CERTAIN INFORMATION BE COMPILED BY THE H 322, by Ways and Means Committee, was read the second STATE DEPARTMENT OF EDUCATION ON THE time by title and filed for third reading. DUAL ENROLLMENT PROGRAM; DIRECTING THAT CERTAIN INFORMATION BE COMPILED BY THE There being no objection, the House advanced to the Twelfth STATE DEPARTMENT OF EDUCATION ON SAFE Order of Business. SCHOOL ENVIRONMENTS; PROVIDING DEDICATED FUND REAPPROPRIATION FOR FISCAL YEAR 2014; Consideration of General Orders AND GRANTING THE AUTHORITY TO TRANSFER APPROPRIATIONS AMONG FIVE DIVISIONS OF THE Mr. Moyle moved that the House do now resolve itself into a PUBLIC SCHOOLS EDUCATIONAL SUPPORT PROGRAM. Committee of the Whole House for the consideration of General Orders. Seconded by Mr. Rusche. Motion carried. H 323 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee Whereupon the House resolved itself into a Committee of for printing. the Whole House for the consideration of General Orders with Mr. Crane in the Chair. S 1160, S 1161, S 1162, S 1163, and S 1164, by Finance Committee, were introduced, read the first time by title, and filed When the Committee of the Whole House rose, for second reading. the Speaker returned to the Chair and the House was in order. S 1155, S 1156, and S 1157, by State Affairs Committee, Report of the Committee of the Whole House were introduced, read the first time by title, and referred to the March 20, 2013 Resources and Conservation Committee. Mr. Speaker: S 1060, S 1123, and S 1136, by Judiciary and Rules We, your COMMITTEE OF THE WHOLE HOUSE, report Committee, were introduced, read the first time by title, and that we have had under consideration H 265, as amended, and referred to the Judiciary, Rules, and Administration Committee. S 1080 and report them back without recommendation, amended as follows: S 1135, by Judiciary and Rules Committee, was introduced, read the first time by title, and referred to the Health and Welfare HOUSE AMENDMENT TO H.B. NO. 265, As Amended Committee. AMENDMENT TO SECTION 1 S 1146, by State Affairs Committee, was introduced, read the On page 1 of the engrossed bill, delete lines 15 through 20, first time by title, and referred to the Education Committee. and insert: "(2) The provisions of this section shall not apply to S 1047, as amended, by Local Government and Taxation public construction, reconstruction, maintenance and repair work Committee, was introduced, read the first time by title, and that is insignificant, that is projects of less than ten thousand referred to the Revenue and Taxation Committee. dollars ($10,000) in total cost, performed by employees of the public agency and performed in accordance with standards for S 1134, as amended, by State Affairs Committee, was such work that have been certified by a professional engineer introduced, read the first time by title, and referred to the State and duly adopted by the public agency's governing body Affairs Committee. 252 HOUSE JOURNAL March 20, 2013] including, but not limited to, the Idaho standards for public Whereupon the Speaker declared that H 286 passed the works construction and any supplements thereto, and only if a House. Title was approved and the bill ordered transmitted to professional engineer determines that such public construction, the Senate. reconstruction, maintenance and repair work does not represent a material risk to public health or safety.". Mr. Moyle asked unanimous consent that the House recess until 1:30 p.m. CORRECTION TO TITLE On page 1, in line 4, following "ENGINEER" insert: "AND Without objection, the Speaker declared the House at recess DOES NOT REPRESENT A MATERIAL RISK TO PUBLIC until 1:30 p.m. HEALTH OR SAFETY". RECESS Afternoon Session HOUSE AMENDMENT TO S.B. NO. 1080 The House reconvened at 1:30 p.m., the Speaker in the Chair. AMENDMENT TO SECTION 2 On page 2 of the printed bill, delete lines 20 through 28, and Prior to recess, the House was at the Eleventh Order of insert: "ranted, provided that the attorney general shall refer a Business. recommendation for further investigation or prosecution back to the county prosecutor who shall seek appointment of a special prosecutor.". H 274 - TRAFFIC SAFETY EDUCATION PROGRAM CRANE, Chairman H 274 was read the third time at length, section by section, Mr. Crane moved that the report be adopted. Seconded by and placed before the House for final consideration. Mr. Rusche. At this time, the Speaker recognized Mr. Luker to open Whereupon the Speaker declared the report adopted. debate. H 265, as amended, as amended, was referred to the The question being, "Shall H 274 pass?" Judiciary, Rules, and Administration Committee for engrossing. Roll call resulted as follows: S 1080, as amended in the House, was filed for first reading. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Clow, The amendments were referred to Judiciary, Rules, and Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Administration committee for printing. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, There being no objection, the House returned to the Eleventh Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Order of Business. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Third Reading of Bills and Joint Resolutions Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. H 286 - EDUCATION NAYS – None. H 286 was read the third time at length, section by section, Absent and excused – Boyle, Burgoyne, Chew, Henderson, and placed before the House for final consideration. Wood(27). Total – 5. Total – 70. At this time, the Speaker recognized Mr. Vander Woude to open debate. Whereupon the Speaker declared that H 274 passed the House. Title was approved and the bill ordered transmitted to The question being, "Shall H 286 pass?" the Senate.

Roll call resulted as follows: AYES – Anderst, Barbieri, Barrett, Bateman, Batt, Boyle, H 292 - ASSAULT AND BATTERY Collins, Crane, Dayley, DeMordaunt, Denney, Gestrin, Harris, Hartgen, Holtzclaw, Horman, Loertscher, Malek, McMillan, H 292 was read the third time at length, section by section, Mendive, Monks, Morse, Moyle, Nielsen, Palmer, Patterson, and placed before the House for final consideration. Raybould, Shepherd, Sims, Thompson, Trujillo, Vander Woude, At this time, the Speaker recognized Mr. Malek to open Wills, Wood(35), Youngblood. Total – 35. debate. NAYS – Agidius, Anderson(01), Anderson(31), Andrus, Bell, Bolz, Burgoyne, Chew, Clow, Erpelding, Eskridge, Gannon, The question being, "Shall H 292 pass?" Gibbs, Hancey, Hixon, Kauffman, King, Kloc, Luker, Meline, Miller, Packer, Pence, Perry, Ringo, Romrell, Rusche, Smith, Roll call resulted as follows: Stevenson, VanOrden, Ward-Engelking, Woodings, Mr. Speaker. AYES – Anderson(01), Anderson(31), Anderst, Bateman, Total – 33. Bell, Bolz, Chew, Clow, Dayley, Erpelding, Eskridge, Gibbs, Absent and excused – Henderson, Wood(27). Total – 2. Hancey, Horman, Kauffman, King, Kloc, Luker, Malek, Paired Votes: Meline, Miller, Morse, Nielsen, Packer, Patterson, Pence, Perry, AYE – Boyle NAY – Burgoyne Raybould, Ringo, Romrell, Rusche, Smith, Thompson, Trujillo, (Pairs enumerated in roll call above.) VanOrden, Ward-Engelking, Wills, Woodings, Youngblood, Total – 70. Mr. Speaker. Total – 40. [March 20, 2013 HOUSE JOURNAL 253

NAYS – Agidius, Andrus, Barbieri, Barrett, Batt, Boyle, WHEREAS, the House of Representatives deems it Collins, Crane, DeMordaunt, Denney, Gannon, Gestrin, necessary and desirable that Rule 64 of the Rules of the House Harris, Hartgen, Hixon, Holtzclaw, Loertscher, McMillan, of Representatives be amended. Mendive, Monks, Moyle, Palmer, Shepherd, Sims, Stevenson, NOW, THEREFORE, BE IT RESOLVED by the members Vander Woude, Wood(35). Total – 27. of the House of Representatives, assembled in the First Regular Absent and excused – Burgoyne, Henderson, Wood(27). Session of the Sixty-second Idaho Legislature, that Rule 64 of the Total – 3. Rules of the House of Representatives shall be amended to read Paired Votes: as follows: AYE – Meline NAY – Boyle (Pairs enumerated in roll call above.) RULE 64 Total – 70. Chief Clerk, and Custodian of Papers Records. – (1) Neither the Chief Clerk nor his assistant shall permit any records or papers Whereupon the Speaker declared that H 292 passed the belonging to the House to be taken out of their custody otherwise House. Title was approved and the bill ordered transmitted to than in the regular course of business, and doing so, shall be the Senate. subject to reprimand by the Speaker; and such further penalty as the House may impose. The Chief Clerk shall report any H 279 - REGISTRATIONS missing papers to the Speaker; shall have general supervision of all clerical duties appertaining to the business of the House; shall H 279 was read the third time at length, section by section, perform under the direction of the Speaker, all duties pertaining and placed before the House for final consideration. to the business of his office. (2) The Speaker shall designate a custodian of public At this time, the Speaker recognized Mr. Gestrin to open records for the House for the limited purpose of complying with debate. the Idaho Public Writings Law. The custodian shall coordinate and prepare all responses to requests for public records on behalf Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of of the House, its committees and its individual members. All interest regarding H 279. public records requests shall be directed to the House custodian, The question being, "Shall H 279 pass?" who will respond in accordance with House Rules and Idaho Public Writings Law. An individual member, on his written Roll call resulted as follows: notice to the Speaker, may individually respond to requests for AYES – Agidius, Anderson(01), Anderson(31), Anderst, his public records; however, the custodian shall respond with Andrus, Barbieri, Barrett, Bateman, Batt, Bolz, Chew, Clow, public records, including an individual member's, within the Collins, Crane, Dayley, DeMordaunt, Denney, Gannon, Gestrin, custodian's limited designated custody and control. Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, HOUSE CONCURRENT RESOLUTION NO. 32 Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, BY WAYS AND MEANS COMMITTEE Perry, Raybould, Romrell, Shepherd, Sims, Smith, Stevenson, A CONCURRENT RESOLUTION Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, STATING FINDINGS OF THE LEGISLATURE AND Wills, Wood(35), Youngblood, Mr. Speaker. Total – 56. REJECTING CERTAIN FINAL RULES OF THE STATE NAYS – Bell, Erpelding, Eskridge, Kauffman, King, Kloc, TAX COMMISSION RELATING TO INCOME TAX Ringo, Rusche, Woodings. Total – 9. ADMINISTRATIVE RULES. Absent and excused – Boyle, Burgoyne, Henderson, Malek, Be It Resolved by the Legislature of the State of Idaho: Wood(27). Total – 5. Total – 70. WHEREAS, the Legislature is vested with authority to reject Whereupon the Speaker declared that H 279 passed the executive agency rules under the provisions of Section 67-5291, House. Title was approved and the bill ordered transmitted to Idaho Code, in the event that the Legislature finds that the rules the Senate. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that certain Mr. Moyle asked unanimous consent that the remaining final rules of the State Tax Commission relating to Income Tax bills on the Third Reading Calendar retain their places for one Administrative Rules are not consistent with legislative intent and legislative day. There being no objection, it was so ordered. should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of There being no objection, the House returned to the Seventh the First Regular Session of the Sixty-second Idaho Legislature, Order of Business. the House of Representatives and the Senate concurring therein, that IDAPA 35.01.01, State Tax Commission, Income Tax Motions, Memorials, and Resolutions Administrative Rules, final rule Section 033, Subsections 03, 04 and 05, only, be, and the same are hereby rejected and declared HOUSE RESOLUTION NO. 3 null, void and of no force and effect. BY WAYS AND MEANS COMMITTEE BE IT FURTHER RESOLVED that the State Tax A HOUSE RESOLUTION Commission is hereby requested to promulgate rules that were in STATING FINDINGS OF THE HOUSE OF effect when the rules rejected by this resolution replaced them. REPRESENTATIVES AND PROVIDING FOR THE AMENDMENT OF RULE 64 OF THE RULES OF THE HOUSE OF REPRESENTATIVES. HR 3 and HCR 32 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Be It Resolved by the House of Representatives of the State of Committee for printing. Idaho: 254 HOUSE JOURNAL March 20, 2013]

Introduction, First Reading, and Reference of Bills and Joint Resolutions

HOUSE BILL NO. 324 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN; REPEALING SECTION 33-212, IDAHO CODE, RELATING TO EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN; AND AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 57, TITLE 33, IDAHO CODE, TO ESTABLISH THE INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE A PURPOSE, TO PROVIDE DEFINITIONS, TO PROVIDE FOR APPLICABILITY, TO PROVIDE FOR EDUCATIONAL RECORDS AND ENROLLMENT, TO PROVIDE FOR PLACEMENT AND ATTENDANCE, TO PROVIDE FOR ELIGIBILITY, TO PROVIDE FOR GRADUATION, TO PROVIDE FOR STATE COORDINATION, TO PROVIDE FOR THE INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN, TO PROVIDE FOR POWERS AND DUTIES, TO PROVIDE FOR THE ORGANIZATION AND OPERATION OF THE COMMISSION, TO PROVIDE FOR RULEMAKING, TO PROVIDE FOR OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION, TO PROVIDE FOR FINANCING, TO ESTABLISH PROVISIONS RELATING TO MEMBER STATES, EFFECTIVE DATES AND AMENDMENTS, TO PROVIDE FOR WITHDRAWAL AND DISSOLUTION, TO PROVIDE FOR SEVERABILITY AND CONSTRUCTION AND TO PROVIDE FOR BINDING EFFECT OF COMPACT AND OTHER LAWS. H 324 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Thursday, March 21, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:36 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 21, 2013 HOUSE JOURNAL 255

HOUSE JOURNAL March 20, 2013 Mr. Speaker: OF THE I transmit herewith SCR 127, S 1126, S 1127, S 1167, S 1168, S 1169, S 1170, S 1171, S 1151, S 1165, S 1179, S 1145, and S 1109, as amended, which have passed the Senate. IDAHO LEGISLATURE NOVAK, Secretary FIRST REGULAR SESSION SCR 127, S 1126, S 1127, S 1167, S 1168, S 1169, S 1170, SIXTY-SECOND LEGISLATURE S 1171, S 1151, S 1165, S 1179, S 1145, and S 1109, as amended, were filed for first reading. March 20, 2013 Mr. Speaker: SEVENTY-FOURTH LEGISLATIVE DAY I return herewith HCR 19 which has passed the Senate. THURSDAY, MARCH 21, 2013 NOVAK, Secretary HCR 19 was referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives The House convened at 10:30 a.m., the Speaker in the Chair. Report of Standing Committees Roll call showed 68 members present. Absent and excused – Henderson, Wills. Total – 2. March 21, 2013 Total – 70. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Prayer was offered by Chaplain Tom Dougherty. ADMINISTRATION, report that we have printed House amendments to H 265, as amended, and S 1080. The Pledge of Allegiance was led by Ismael Fernandez, Page. WILLS, Chairman March 21, 2013 Approval of Journal Mr. Speaker: March 21, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have printed H 323, HR 3, We, your COMMITTEE ON JUDICIARY, RULES, AND HCR 32, and H 324. ADMINISTRATION, report that we have read and approved WILLS, Chairman the House Journal of the Seventy-third Legislative Day and H 323 was filed for second reading. recommend that same be adopted as corrected. WILLS, Chairman HR 3 was ordered held at the Desk. Mr. Wills moved that the report be adopted. Seconded by HCR 32 was referred to the Revenue and Taxation Mr. Burgoyne. Report adopted. Committee. H 324 was referred to the Education Committee. Consideration of Messages from the Governor and the Senate March 21, 2013 Mr. Speaker: March 20, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have enrolled H 199, H 269, I transmit herewith enrolled S 1093 and S 1097, as amended, H 270, H 102, H 244, H 216, H 76, H 127, H 162, H 185, H 218, for the signature of the Speaker. H 225, H 110, and H 113, as amended. NOVAK, Secretary WILLS, Chairman The Speaker announced he was about to sign enrolled The Speaker announced he was about to sign enrolled H 199, S 1093 and S 1097, as amended, and, when so signed, ordered H 269, H 270, H 102, H 244, H 216, H 76, H 127, H 162, H 185, them returned to the Senate. H 218, H 225, H 110, and H 113, as amended, and, when so March 20, 2013 signed, ordered them transmitted to the Senate for the signature Mr. Speaker: of the President. I return herewith enrolled HCR 12, H 130, as amended in the Senate, H 167, as amended in the Senate, H 41, H 170, H 214, March 21, 2013 H 224, and H 220 which have been signed by the President. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have engrossed H 73, as Enrolled H 130, as amended in the Senate, H 167, as amended in the Senate, H 217, as amended in the Senate, and amended in the Senate, H 41, H 170, H 214, H 224, and H 265, as amended, as amended. H 220 were referred to the Judiciary, Rules, and Administration WILLS, Chairman Committee for delivery to the Governor. H 73, as amended in the Senate, H 217, as amended in the Enrolled HCR 12 was referred to the Judiciary, Rules, and Senate, and H 265, as amended, as amended, were filed for first Administration Committee for delivery to the Secretary of State. reading of engrossed bills. 256 HOUSE JOURNAL March 21, 2013]

March 21, 2013 Introduction, First Reading, and Reference Mr. Speaker: of Bills and Joint Resolutions We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled H 53, H 159, H 105, H 252, H 254, H 262, H 263, H 43, and HOUSE BILL NO. 325 H 100 to the Governor at 11 a.m., as of this date, March 20, 2013. BY EDUCATION COMMITTEE WILLS, Chairman AN ACT RELATING TO EDUCATION; AMENDING SECTION 33-1004E, IDAHO CODE, TO PROVIDE FOR THE USE OF March 20, 2013 CERTAIN FUNDS FOR FISCAL YEAR 2014. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we HOUSE BILL NO. 326 have had under consideration S 1133, as amended, and report it BY REVENUE AND TAXATION COMMITTEE back with amendments attached to be placed on General Orders AN ACT for consideration. RELATING TO TAX COLLECTION; AMENDING DEMORDAUNT, Chairman CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION S 1133, as amended, was placed on General Orders for OF A NEW SECTION 63-3620D, IDAHO CODE, TO consideration. PROVIDE DIRECTION TO THE IDAHO STATE TAX COMMISSION RELATING TO THE DECLARATION AND COLLECTION OF SALES AND USE TAXES ON THE SALE March 20, 2013 OF MOTOR VEHICLE TIRES AND TO PROVIDE FOR A Mr. Speaker: REPORT. We, your COMMITTEE ON LOCAL GOVERNMENT, report that we have had under consideration H 133 and H 325 and H 326 were introduced, read the first time by recommend that it do pass. title, and referred to the Judiciary, Rules, and Administration BARRETT, Chairman Committee for printing. H 133 was filed for second reading. S 1080, as amended in the House, by State Affairs Committee, was introduced, read the first time by title, and filed for second reading. March 21, 2013 Mr. Speaker: S 1167, S 1168, S 1169, S 1170, and S 1171, by Finance We, your COMMITTEE ON TRANSPORTATION AND Committee, were introduced, read the first time by title, and filed DEFENSE, report that we have had under consideration H 290, for second reading. S 1065, and SCR 103 and recommend that they do pass. PALMER, Chairman S 1126 and S 1127, by State Affairs Committee, were introduced, read the first time by title, and referred to the State H 290, S 1065, and SCR 103 were filed for second reading. Affairs Committee. S 1151, S 1165, and S 1109, as amended, by Judiciary and March 21, 2013 Rules Committee, were introduced, read the first time by title, and Mr. Speaker: referred to the Judiciary, Rules, and Administration Committee. We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration S 1138, as amended, SCR 124, S 1145, by State Affairs Committee, was introduced, read SCR 125, and SCR 126 and recommend that they do pass. the first time by title, and referred to the Commerce and Human LOERTSCHER, Chairman Resources Committee. S 1138, as amended, SCR 124, SCR 125, and SCR 126 were S 1179, by State Affairs Committee, was introduced, read the filed for second reading. first time by title, and referred to the Transportation and Defense Committee.

March 21, 2013 First Reading of Engrossed Bills Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, H 73, as amended in the Senate, H 217, as amended in the report that we have had under consideration S 1047, as amended, Senate, and H 265, as amended, as amended, by State Affairs and recommend that it do pass. Committee, were introduced, read the first time by title, and filed COLLINS, Chairman for second reading. S 1047, as amended, was filed for second reading. Second Reading of Bills and Joint Resolutions There being no objection, the House advanced to the Seventh Order of Business. HCR 30, by Health and Welfare Committee, was read the second time by title and filed for third reading.

Motions, Memorials, and Resolutions H 318, H 319, and H 314, by Education Committee, were read the second time by title and filed for third reading. SCR 127, by State Affairs Committee, was introduced, read the first time by title, and referred to the Environment, Energy, HCR 21, HCR 22, and H 273, by State Affairs Committee, and Technology Committee. were read the second time by title and filed for third reading. [March 21, 2013 HOUSE JOURNAL 257

S 1105, SCR 112, S 1106, as amended, SCR 117, SCR 118, Roll call resulted as follows: and SCR 119, by State Affairs Committee, were read the second AYES – Agidius, Anderson(01), Anderson(31), Anderst, time by title and filed for third reading. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, S 1018, as amended, as amended, S 1059, as amended, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, S 1119, and S 1122, by Judiciary and Rules Committee, were Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, read the second time by title and filed for third reading. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, S 1045, as amended, by Transportation Committee, was read Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, the second time by title and filed for third reading. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, S 1068, as amended, by Commerce and Human Resources Vander Woude, Ward-Engelking, Wood(27), Wood(35), Committee, was read the second time by title and filed for third Woodings, Youngblood. Total – 67. reading. NAYS – None. Absent and excused – Henderson, Wills, Mr. Speaker. S 1160, S 1161, S 1162, S 1163, and S 1164, by Finance Total – 3. Committee, were read the second time by title and filed for third Total – 70. reading. Whereupon the Speaker Pro Tem declared that H 312 passed the House. Title was approved and the bill ordered transmitted to Third Reading of Bills and Joint Resolutions the Senate.

Mr. Moyle asked unanimous consent that H 322 retain its H 313 - APPROPRIATIONS - PERMANENT BUILDING place on the Third Reading Calendar. There being no objection, FUND it was so ordered. H 313 was read the third time at length, section by section, and placed before the House for final consideration. H 311 - APPROPRIATIONS - DEPARTMENT OF At this time, the Speaker Pro Tem recognized Mrs. Bell to ADMINISTRATION open debate. H 311 was read the third time at length, section by section, The question being, "Shall H 313 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Bolz to open debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, Mr. Moyle took the Chair. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, The question being, "Shall H 311 pass?" Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, Meline, Mendive, Miller, Monks, Morse, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Andrus, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gestrin, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Gibbs, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Kloc, Loertscher, Meline, Miller, Morse, Packer, Palmer, Total – 63. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, NAYS – Barbieri, Barrett, McMillan, Sims. Total – 4. Smith, Stevenson, Thompson, VanOrden, Vander Woude, Absent and excused – Crane, Henderson, Wills. Total – 3. Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood. Total – 70. Total – 50. NAYS – Barbieri, Barrett, Bateman, Burgoyne, Gannon, Whereupon the Speaker Pro Tem declared that H 313 passed Hancey, Harris, Luker, Malek, McMillan, Mendive, Monks, the House. Title was approved and the bill ordered transmitted to Moyle, Nielsen, Patterson, Sims, Trujillo. Total – 17. the Senate. Absent and excused – Henderson, Wills, Mr. Speaker. Total – 3. H 266 - VETERINARY MEDICINE Total – 70. H 266 was read the third time at length, section by section, Whereupon the Speaker Pro Tem declared that H 311 passed and placed before the House for final consideration. the House. Title was approved and the bill ordered transmitted to At this time, the Speaker Pro Tem recognized Mrs. McMillan the Senate. to open debate. H 312 - APPROPRIATIONS - BOND PAYMENT The question being, "Shall H 266 pass?" PROGRAM Roll call resulted as follows: H 312 was read the third time at length, section by section, AYES – Agidius, Anderson(01), Anderson(31), Anderst, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker Pro Tem recognized Mr. Bolz to Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, open debate. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, The question being, "Shall H 312 pass?" Malek, McMillan, Meline, Miller, Monks, Morse, Moyle, 258 HOUSE JOURNAL March 21, 2013]

Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Pence, Ringo, Rusche, Sims, Stevenson, Trujillo, Vander Woude, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Wood(35). Total – 27. Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Absent and excused – Henderson, Wills. Total – 2. Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Total – 64. NAYS – Harris, Mendive. Total – 2. Whereupon the Speaker declared that H 150 passed the Absent and excused – Crane, Erpelding, Henderson, Wills. House. Title was approved and the bill ordered transmitted to Total – 4. the Senate. Total – 70. Whereupon the Speaker Pro Tem declared that H 266 passed H 295 - EDUCATIONAL SUPPORT PROGRAM the House. Title was approved and the bill ordered transmitted to the Senate. H 295 was read the third time at length, section by section, and placed before the House for final consideration. H 278 - FISH AND GAME At this time, the Speaker recognized Mr. Kloc to open debate. H 278 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 295 pass?" At this time, the Speaker Pro Tem recognized Roll call resulted as follows: Mrs. Wood (35) to open debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, At this time, the Speaker took the Chair. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall H 278 pass?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Roll call resulted as follows: Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, AYES – Agidius, Anderson(01), Anderson(31), Andrus, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Barbieri, Barrett, Batt, Boyle, Collins, Crane, Dayley, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, DeMordaunt, Denney, Eskridge, Gestrin, Harris, Hartgen, Hixon, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Holtzclaw, Horman, Loertscher, Luker, Malek, McMillan, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Mr. Speaker. Total – 66. Packer, Palmer, Patterson, Raybould, Romrell, Shepherd, Sims, NAYS – McMillan, Trujillo. Total – 2. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Henderson, Wills. Total – 2. Wood(35), Mr. Speaker. Total – 45. Total – 70. NAYS – Anderst, Bateman, Bell, Bolz, Burgoyne, Chew, Whereupon the Speaker declared that H 295 passed the Clow, Erpelding, Gannon, Gibbs, Hancey, Kauffman, King, House. Title was approved and the bill ordered transmitted to Kloc, Pence, Perry, Ringo, Rusche, Smith, Ward-Engelking, the Senate. Wood(27), Woodings, Youngblood. Total – 23. Absent and excused – Henderson, Wills. Total – 2. Total – 70. Whereupon the Speaker declared that H 278 passed the HCR 26 - PUBLIC DEFENSE REFORM - STUDY House. Title was approved and the bill ordered transmitted to the Senate. HCR 26 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bolz to open debate. H 150 - COUNTY FINANCES - CLAIMS AGAINST COUNTY The question being, "Shall HCR 26 be adopted?" H 150 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Malek to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, The question being, "Shall H 150 pass?" Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Roll call resulted as follows: Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AYES – Anderson(01), Anderson(31), Anderst, Andrus, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Barbieri, Bateman, Bell, Bolz, Chew, Clow, Crane, Dayley, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Erpelding, Eskridge, Gannon, Gibbs, Harris, Hartgen, Hixon, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Holtzclaw, Horman, Kauffman, Kloc, Luker, Malek, Meline, Woodings, Youngblood, Mr. Speaker. Total – 68. Miller, Morse, Packer, Perry, Raybould, Romrell, Shepherd, NAYS – None. Smith, Thompson, VanOrden, Ward-Engelking, Wood(27), Absent and excused – Henderson, Wills. Total – 2. Woodings, Youngblood, Mr. Speaker. Total – 41. Total – 70. NAYS – Agidius, Barrett, Batt, Boyle, Burgoyne, Collins, DeMordaunt, Denney, Gestrin, Hancey, King, Loertscher, Whereupon the Speaker declared HCR 26 adopted and McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, ordered the resolution transmitted to the Senate. [March 21, 2013 HOUSE JOURNAL 259

S 1029 - CODIFIER CORRECTIONS Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, S 1029 was read the third time at length, section by section, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, At this time, the Speaker recognized Mr. Gannon to open Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, debate. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, The question being, "Shall S 1029 pass?" Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Roll call resulted as follows: Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 65. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – Stevenson. Total – 1. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – DeMordaunt, Henderson, Loertscher, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Wills. Total – 4. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Total – 70. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Whereupon the Speaker declared that S 1111 passed the Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, House. Title was approved and the bill ordered returned to the Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Senate. Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. S 1078 - RELIGIOUS STUDENTS - CAMPUS ACCESS NAYS – None. Absent and excused – Henderson, Wills. Total – 2. S 1078 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that S 1029 passed the At this time, the Speaker recognized Mr. Bateman to open House. Title was approved and the bill ordered returned to the debate. Senate. The question being, "Shall S 1078 pass?"

S 1107, as amended - REVENUE AND TAXATION Roll call resulted as follows: S 1107, as amended, was read the third time at length, section AYES – Agidius, Anderson(01), Anderson(31), Anderst, by section, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, At this time, the Speaker recognized Mr. Erpelding to open Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, debate. Holtzclaw, Horman, Kauffman, Loertscher, Luker, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, The question being, "Shall S 1107, as amended, pass?" Patterson, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Roll call resulted as follows: Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 56. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Burgoyne, Chew, Erpelding, King, Kloc, Meline, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Pence, Ringo, Smith, Ward-Engelking, Woodings. Total – 11. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Absent and excused – Henderson, Malek, Wills. Total – 3. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Total – 70. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Whereupon the Speaker declared that S 1078 passed the Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, House. Title was approved and the bill ordered returned to the Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Senate. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Mr. Moyle moved that the House recess until Vander Woude, Ward-Engelking, Wood(27), Wood(35), 2:30 p.m. Seconded by Mr. Rusche. Motion carried. Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Whereupon the Speaker declared the House at recess until Absent and excused – Henderson, Wills. Total – 2. 2:30 p.m. Total – 70. RECESS Afternoon Session Whereupon the Speaker declared that S 1107, as amended, passed the House. Title was approved and the bill The House reconvened at 2:30 p.m., the Speaker in the Chair. ordered returned to the Senate. Roll call showed a quorum present. S 1111 - CONDOMINIUM PROPERTY ACT Prior to recess, the House was at the Eleventh Order of Business. S 1111 was read the third time at length, section by section, and placed before the House for final consideration. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one At this time, the Speaker recognized Mr. Anderst to open legislative day. There being no objection, it was so ordered. debate. There being no objection, the House returned to the Seventh The question being, "Shall S 1111 pass?" Order of Business. 260 HOUSE JOURNAL March 21, 2013]

Motions, Memorials, and Resolutions portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be HCR 22 - FEDERAL GOVERNMENT - PUBLIC LANDS - dispensed with, this being a case of urgency; and that HCR 21 be TRANSFER read the first time by title, second time by title, and third time at length, and placed before the House for final consideration. Mr. Moyle moved that all rules of the House interfering with Seconded by Mr. Vander Woude. the immediate consideration of HCR 22 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that HCR 22 be Roll call resulted as follows: read the first time by title, second time by title, and third time AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, at length, and placed before the House for final consideration. Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Seconded by Mr. Vander Woude. Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, The question being, "Shall the rules be suspended?" Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Roll call resulted as follows: Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, Wood(35), Woodings, Mr. Speaker. Total – 48. Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, NAYS – None. Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Absent and excused – Agidius, Anderson(01), Barbieri, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Stevenson, Thompson, Wills, Youngblood. Total – 22. Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Total – 70. Wood(35), Woodings, Mr. Speaker. Total – 48. NAYS – None. Whereupon the Speaker Pro Tem declared that more than Absent and excused – Agidius, Anderson(01), Barbieri, two-thirds of the membership having voted in the affirmative, the Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, motion carried, the rules were suspended, and HCR 21 was read Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, the first time by title, second time by title, and third time at length, Stevenson, Thompson, Wills, Youngblood. Total – 22. and placed before the House for final consideration. Total – 70. At this time, the Speaker Pro Tem recognized Mr. Denney to Whereupon the Speaker declared that more than two-thirds open debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and HCR 22 was read the first At this time, the Speaker took the Chair. time by title, second time by title, and third time at length, and The question being, "Shall HCR 21 be adopted?" placed before the House for final consideration. At this time, Mr. Moyle took the Chair. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker Pro Tem recognized Mr. Denney to Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, open debate. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, The question being, "Shall HCR 22 be adopted?" Hixon, Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Roll call resulted as follows: Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Total – 64. Horman, Kauffman, Loertscher, Luker, Malek, McMillan, NAYS – Burgoyne, Erpelding, Kloc, Ringo. Total – 4. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Absent and excused – Henderson, Wills. Total – 2. Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Total – 70. Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 55. Whereupon the Speaker declared HCR 21 adopted and NAYS – Burgoyne, Chew, Erpelding, Gannon, King, ordered the resolution transmitted to the Senate. Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 13. HCR 30 - PANCREATIC CANCER AWARENESS MONTH Absent and excused – Henderson, Wills. Total – 2. Total – 70. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of HCR 30 be suspended; that the Whereupon the Speaker Pro Tem declared HCR 22 adopted portions of Section 15, Article 3 of the Constitution of the State and ordered the resolution transmitted to the Senate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that HCR 30 be HCR 21 - STATE ACQUIRING FEDERAL LANDS - read the first time by title, second time by title, and third time STUDY at length, and placed before the House for final consideration. Seconded by Mr. Vander Woude. Mr. Crane moved that all rules of the House interfering with the immediate consideration of HCR 21 be suspended; that the The question being, "Shall the rules be suspended?" [March 21, 2013 HOUSE JOURNAL 261

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Wood(35), Woodings, Mr. Speaker. Total – 48. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, NAYS – None. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Absent and excused – Agidius, Anderson(01), Barbieri, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Woodings, Youngblood, Mr. Speaker. Total – 67. Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, NAYS – None. Stevenson, Thompson, Wills, Youngblood. Total – 22. Absent and excused – Gestrin, Henderson, Wills. Total – 3. Total – 70. Total – 70. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared that H 318 passed the of the membership having voted in the affirmative, the motion House. Title was approved and the bill ordered transmitted to carried, the rules were suspended, and HCR 30 was read the first the Senate. time by title, second time by title, and third time at length, and placed before the House for final consideration. H 319 - EDUCATION At this time, the Speaker recognized Mr. Wood (27) to open Mr. Moyle moved that all rules of the House interfering with debate. the immediate consideration of H 319 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall HCR 30 be adopted?" of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared HCR 30 adopted by voice dispensed with, this being a case of urgency; and that H 319 be vote and ordered the resolution transmitted to the Senate. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final H 318 - EDUCATION consideration. Seconded by Mr. Vander Woude. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 318 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, dispensed with, this being a case of urgency; and that H 318 be Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, read the first time by title, second time by title, and third time at Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, length, section by section, and placed before the House for final Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, consideration. Seconded by Mr. Vander Woude. Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, The question being, "Shall the rules be suspended?" Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Mr. Speaker. Total – 48. Roll call resulted as follows: NAYS – None. AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, Absent and excused – Agidius, Anderson(01), Barbieri, Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Stevenson, Thompson, Wills, Youngblood. Total – 22. Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Total – 70. Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Whereupon the Speaker declared that more than two-thirds Wood(35), Woodings, Mr. Speaker. Total – 48. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and H 319 was read the first Absent and excused – Agidius, Anderson(01), Barbieri, time by title, second time by title, and third time at length, section Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, by section, and placed before the House for final consideration. Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, At this time, the Speaker recognized Mr. Mendive to open Stevenson, Thompson, Wills, Youngblood. Total – 22. debate. Total – 70. The question being, "Shall H 319 pass?" Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Roll call resulted as follows: carried, the rules were suspended, and H 318 was read the first AYES – Agidius, Anderson(01), Anderson(31), Anderst, time by title, second time by title, and third time at length, section Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, by section, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Mrs. Agidius to open Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, debate. Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, The question being, "Shall H 318 pass?" Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, 262 HOUSE JOURNAL March 21, 2013]

Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), NAYS – None. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. Absent and excused – Henderson, Malek, Wills. Total – 3. NAYS – None. Total – 70. Absent and excused – Henderson, Wills. Total – 2. Total – 70. Whereupon the Speaker declared that H 265, as amended, as amended, passed the House. Title was approved and the bill Whereupon the Speaker declared that H 319 passed the ordered transmitted to the Senate. House. Title was approved and the bill ordered transmitted to the Senate.

H 265, as amended, as amended, - PUBLIC WORK H 273 - MOTOR VEHICLE FINANCIAL RESPONSIBILITY Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 265, as amended, as Mr. Moyle moved that all rules of the House interfering with amended, be suspended; that the portions of Section 15, Article the immediate consideration of H 273 be suspended; that the 3 of the Constitution of the State of Idaho, requiring all bills to portions of Section 15, Article 3 of the Constitution of the State be read on three several days be dispensed with, this being a of Idaho, requiring all bills to be read on three several days be case of urgency; and that H 265, as amended, as amended, be dispensed with, this being a case of urgency; and that H 273 be read the first time by title, second time by title, and third time at read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final length, section by section, and placed before the House for final consideration. Seconded by Mr. Vander Woude. consideration. Seconded by Mr. Vander Woude. The question being, "Shall the rules be suspended?" The question being, "Shall the rules be suspended?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Mr. Speaker. Total – 48. Wood(35), Woodings, Mr. Speaker. Total – 48. NAYS – None. NAYS – None. Absent and excused – Agidius, Anderson(01), Barbieri, Absent and excused – Agidius, Anderson(01), Barbieri, Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, Stevenson, Thompson, Wills, Youngblood. Total – 22. Stevenson, Thompson, Wills, Youngblood. Total – 22. Total – 70. Total – 70. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 265, as amended, as carried, the rules were suspended, and H 273 was read the first amended, was read the first time by title, second time by title, time by title, second time by title, and third time at length, section and third time at length, section by section, and placed before the by section, and placed before the House for final consideration. House for final consideration. At this time, the Speaker recognized Mr. Thompson to open At this time, the Speaker recognized Mr. Moyle to open debate. debate. The question being, "Shall H 273 pass?" Pursuant to Rule 38(3), Mr. Holtzclaw disclosed a conflict of interest regarding H 265, as amended, as amended. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, The question being, "Shall H 265, as amended, as Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, amended, pass?" Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Roll call resulted as follows: Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, AYES – Agidius, Anderson(01), Anderson(31), Anderst, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, NAYS – None. Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Absent and excused – Henderson, Wills. Total – 2. Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Total – 70. [March 21, 2013 HOUSE JOURNAL 263

Whereupon the Speaker declared that H 273 passed the Adjournment House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle moved that the House adjourn until 9 a.m., Friday, March 22, 2013. Seconded by Mr. Rusche. Motion carried.

H 314 - EDUCATION BOARD Whereupon the Speaker declared the House adjourned at 4:51 p.m. Mr. Moyle moved that all rules of the House interfering with SCOTT BEDKE, Speaker the immediate consideration of H 314 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State ATTEST: of Idaho, requiring all bills to be read on three several days be BONNIE ALEXANDER, Chief Clerk dispensed with, this being a case of urgency; and that H 314 be read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Seconded by Mr. Vander Woude.

The question being, "Shall the rules be suspended?"

Roll call resulted as follows: AYES – Anderson(31), Anderst, Andrus, Bateman, Bell, Bolz, Boyle, Burgoyne, Chew, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gestrin, Gibbs, Hancey, Harris, Hartgen, Holtzclaw, Horman, King, Kloc, Loertscher, Malek, McMillan, Meline, Mendive, Miller, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Sims, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Mr. Speaker. Total – 48. NAYS – None. Absent and excused – Agidius, Anderson(01), Barbieri, Barrett, Batt, Clow, Collins, Crane, Gannon, Henderson, Hixon, Kauffman, Luker, Monks, Morse, Palmer, Rusche, Smith, Stevenson, Thompson, Wills, Youngblood. Total – 22. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 314 was read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Horman and Mrs. Woodings to open debate. The question being, "Shall H 314 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, Meline, Mendive, Miller, Morse, Moyle, Nielsen, Packer, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 53. NAYS – Barbieri, Barrett, Batt, Boyle, Denney, Hartgen, Hixon, Luker, McMillan, Monks, Palmer, Patterson, Rusche, Sims, Wood(35). Total – 15. Absent and excused – Henderson, Wills. Total – 2. Total – 70. Whereupon the Speaker declared that H 314 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. 264 HOUSE JOURNAL March 22, 2013]

HOUSE JOURNAL March 21, 2013 Mr. Speaker: OF THE I return herewith H 248 which has passed the Senate. NOVAK, Secretary IDAHO LEGISLATURE H 248 was referred to the Judiciary, Rules, and Administration Committee for enrolling. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE Report of Standing Committees March 22, 2013 Mr. Speaker: SEVENTY-FIFTH LEGISLATIVE DAY We, your COMMITTEE ON JUDICIARY, RULES, AND FRIDAY, MARCH 22, 2013 ADMINISTRATION, report that we have printed H 325 and H 326. WILLS, Chairman House of Representatives H 325 was filed for second reading. The House convened at 9 a.m., the Speaker in the Chair. H 326 was referred to the Revenue and Taxation Committee. Roll call showed 66 members present. Absent and excused – Anderson(01), Henderson, Palmer, HR 3, held at the Desk March 21, 2013, was referred to the Wills. Total – 4. Ways and Means Committee. Total – 70. March 22, 2013 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Jenevieve Mingus, ADMINISTRATION, report that we have enrolled HCR 19. Page. WILLS, Chairman The Speaker announced he was about to sign enrolled Approval of Journal HCR 19 and, when so signed, ordered it transmitted to the Senate for the signature of the President. March 22, 2013 Mr. Speaker: March 22, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved We, your COMMITTEE ON JUDICIARY, RULES, AND the House Journal of the Seventy-fourth Legislative Day and ADMINISTRATION, report that we have transmitted enrolled recommend that same be adopted as corrected. H 130, as amended in the Senate, H 167, as amended in the WILLS, Chairman Senate, H 41, H 170, H 214, H 224, and H 220 to the Governor at 11 a.m., as of this date, March 21, 2013. Mr. Wills moved that the report be adopted. Seconded by WILLS, Chairman Mr. Burgoyne. Report adopted. March 22, 2013 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON JUDICIARY, RULES, AND Governor and the Senate ADMINISTRATION, report that we have transmitted enrolled HCR 12 to the Secretary of State at 11:05 a.m., as of this date, OFFICE OF THE GOVERNOR March 21, 2013. Boise WILLS, Chairman March 21, 2013 March 21, 2013 The Honorable Scott Bedke Mr. Speaker: Speaker of the House We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 317, H 324, and S 1146 and Dear Mr. Speaker: recommend that they do pass. I have the honor to advise you that I have signed today and DEMORDAUNT, Chairman am transmitting to the Secretary of State the following House bills, to wit: H 317, H 324, and S 1146 were filed for second reading. H 26, H 43, H 44, H 46, H 53, H 100, H 117, H 118, H 141, March 22, 2013 H 177, as amended in the Senate, H 181, H 184, H 187, H 188, Mr. Speaker: H 211, H 233, H 234, H 235, H 236, H 237, H 238, H 251, We, your COMMITTEE ON RESOURCES AND H 252, H 253, H 254, H 255, H 262, and H 263 CONSERVATION, report that we have had under consideration H 277 and recommend that it do pass. As Always - Idaho, "Esto Perpetua" DENNEY, Chairman /s/ C.L. "Butch" Otter Governor H 277 was ordered held at the Desk. [March 22, 2013 HOUSE JOURNAL 265

March 22, 2013 NOW, THEREFORE, BE IT RESOLVED by the members of Mr. Speaker: the First Regular Session of the Sixty-second Idaho Legislature, We, your COMMITTEE ON RESOURCES AND the House of Representatives and the Senate concurring therein, CONSERVATION, report that we have had under consideration that the President Pro Tempore of the Senate and the Speaker of HCR 31 and recommend that it do pass. the House of Representatives are hereby requested to appoint a DENNEY, Chairman committee to undertake and complete a study of how to improve and strengthen Idaho's K-12 educational system and all matters HCR 31 was filed for second reading. relating thereto. The President Pro Tempore of the Senate and March 21, 2013 the Speaker of the House of Representatives shall determine the Mr. Speaker: number of legislators and membership from each house appointed We, your COMMITTEE ON BUSINESS, report that we have to the committee and shall authorize the committee to receive had under consideration SCR 121 and SCR 122 and recommend input, advice and assistance from interested and affected parties that they do pass. who are not members of the Legislature. HENDERSON, Chairman BE IT FURTHER RESOLVED that the cochairmen of the committee are authorized to appoint advisors with expertise in SCR 121 and SCR 122 were filed for second reading. education. Any advisors to the committee who are not legislative members shall not be reimbursed from legislative funds for March 22, 2013 per diem, mileage or other expenses and shall not have voting Mr. Speaker: privileges regarding the committee's recommendations and We, your COMMITTEE ON JUDICIARY, RULES, proposed legislation. AND ADMINISTRATION, report that we have had under BE IT FURTHER RESOLVED that the committee shall consideration S 1060, S 1079, S 1123, and S 1151 and recommend report findings and recommended legislation, if any, to the that they do pass. Second Regular Session of the Sixty-second Idaho Legislature. WILLS, Chairman HCR 33 was introduced, read the first time by title, and S 1060, S 1079, S 1123, and S 1151 were filed for second referred to the Judiciary, Rules, and Administration Committee reading. for printing. March 22, 2013 Introduction, First Reading, and Reference Mr. Speaker: of Bills and Joint Resolutions We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration HCR 32 and HOUSE BILL NO. 327 recommend that it do pass. BY APPROPRIATIONS COMMITTEE COLLINS, Chairman AN ACT HCR 32 was filed for second reading. APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE DIVISIONS OF There being no objection, the House advanced to the Seventh SERVICE INTEGRATION, WELFARE, AND MEDICALLY Order of Business. INDIGENT ADMINISTRATION FOR FISCAL YEAR Motions, Memorials, and Resolutions 2014; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR HOUSE CONCURRENT RESOLUTION NO. 33 GENERAL FUND TRANSFERS TO THE COOPERATIVE BY EDUCATION COMMITTEE WELFARE FUND; DIRECTING EXPENDITURES FOR A CONCURRENT RESOLUTION TRUSTEE AND BENEFIT PAYMENTS; PROVIDING STATING FINDINGS OF THE LEGISLATURE AND LEGISLATIVE INTENT FOR PROGRAM INTEGRITY; REQUESTING THE PRESIDENT PRO TEMPORE OF REQUIRING THE DIVISION OF WELFARE TO SUBMIT THE SENATE AND THE SPEAKER OF THE HOUSE QUARTERLY FORECAST REPORTS; CLARIFYING OF REPRESENTATIVES TO APPOINT AN INTERIM FUNDING FOR MEDICAID READINESS; DIRECTING COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY EXPENDITURES FOR HEAD START APPROPRIATIONS OF HOW TO IMPROVE AND STRENGTHEN IDAHO'S K-12 FROM TEMPORARY ASSISTANCE FOR NEEDY EDUCATIONAL SYSTEM. FAMILIES; PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION; AND CLARIFYING GUIDANCE FOR Be It Resolved by the Legislature of the State of Idaho: EMPLOYEE COMPENSATION.

WHEREAS, it is incumbent upon the Legislature to help HOUSE BILL NO. 328 move Idaho's K-12 education forward for our students, our BY APPROPRIATIONS COMMITTEE educators and Idaho's businesses, colleges and universities; and AN ACT WHEREAS, our state's future is dependent upon an effective APPROPRIATING MONEYS TO THE DEPARTMENT and efficient K-12 educational system that offers a quality OF HEALTH AND WELFARE FOR THE PUBLIC education to all Idaho students; and HEALTH SERVICES DIVISION FOR FISCAL YEAR 2014; WHEREAS, achieving the common goal of a better educated LIMITING THE NUMBER OF AUTHORIZED FULL-TIME citizenry requires collaboration between many partners including EQUIVALENT POSITIONS; PROVIDING FOR GENERAL policymakers, educators, the business community, and non-profit FUND TRANSFERS TO THE COOPERATIVE WELFARE and philanthropic organizations; and FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND WHEREAS, it is well understood that to effectively compete BENEFIT PAYMENTS; PROVIDING LEGISLATIVE INTENT on a regional, national and global setting, Idaho students deserve FOR PROGRAM INTEGRITY; DIRECTING MANAGEMENT nothing less than our best efforts to ensure they have access to a REVIEW; AND PROVIDING GUIDANCE FOR EMPLOYEE high quality K-12 educational system. COMPENSATION. 266 HOUSE JOURNAL March 22, 2013]

HOUSE BILL NO. 329 S 1138, as amended, SCR 124, SCR 125, SCR 126, and BY WAYS AND MEANS COMMITTEE S 1080, as amended in the House, by State Affairs Committee, AN ACT were read the second time by title and filed for third reading. RELATING TO STATE WEED AWARENESS; AMENDING CHAPTER 45, TITLE 67, IDAHO CODE, BY S 1047, as amended, by Local Government and Taxation THE ADDITION OF A NEW SECTION 67-4513, IDAHO Committee, was read the second time by title and filed for third CODE, TO PROVIDE THAT ANNUALLY THE WEEK reading. PRIOR TO THE MEMORIAL DAY WEEKEND SHALL BE IDAHO WEED AWARENESS WEEK; AND DECLARING S 1167, S 1168, S 1169, S 1170, and S 1171, by Finance AN EMERGENCY. Committee, were read the second time by title and filed for third reading. HOUSE BILL NO. 330 H 73, as amended in the Senate, and H 217, as amended in BY WAYS AND MEANS COMMITTEE the Senate, by State Affairs Committee, were read the second time AN ACT by title and filed for third reading. RELATING TO THE WWAMI, WICHE OR WOI PROGRAMS; AMENDING SECTION 33-3717B, IDAHO Third Reading of Bills and Joint Resolutions CODE, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL CAUSE ALL STUDENTS, WHO Mr. Moyle asked unanimous consent that H 322 be placed ARE ADMITTED TO THE WWAMI (WASHINGTON, immediately following S 1117 on the Third Reading Calendar. WYOMING, ALASKA, MONTANA, IDAHO) REGIONAL There being no objection, it was so ordered. MEDICAL PROGRAM, THE WICHE STUDENT EXCHANGE PROGRAMS, CREIGHTON UNIVERSITY SCHOOL OF There being no objection, the House returned to the Seventh DENTAL SCIENCE, THE UNIVERSITY OF UTAH COLLEGE Order of Business. OF MEDICINE, AND THE WASHINGTON, OREGON, IDAHO (WOI) REGIONAL PROGRAM IN VETERINARY Motions, Memorials, and Resolutions MEDICAL EDUCATION PROGRAMS TO SIGN A CONTRACT PROVIDING FOR REPAYMENT OF MONEYS H 323 - APPROPRIATIONS - PUBLIC SCHOOLS PAID FROM PUBLIC FUNDS ON BEHALF OF SUCH IDAHO SUPPORT PROGRAM STUDENT, TO PROVIDE THAT THE STUDENT SHALL Mr. Moyle moved that all rules of the House interfering with ACTIVELY ENGAGE IN PROFESSIONAL PRACTICE OR the immediate consideration of H 323 be suspended; that the OTHER PROFESSIONAL PURSUITS IN IDAHO FOR A portions of Section 15, Article 3 of the Constitution of the State PERIOD NOT TO EXCEED THREE YEARS AS THE BOARD of Idaho, requiring all bills to be read on three several days be REQUIRES OR REPAY ALL AMOUNTS EXPENDED BY dispensed with, this being a case of urgency; and that H 323 be THE STATE OF IDAHO, TO PROVIDE PROCEDURES read the first time by title, second time by title, and third time at FOR SUCH REPAYMENT AND TO MAKE TECHNICAL length, section by section, and placed before the House for final CORRECTIONS. consideration. Seconded by Mr. Rusche. HOUSE BILL NO. 331 The question being, "Shall the rules be suspended?" BY WAYS AND MEANS COMMITTEE AN ACT Roll call resulted as follows: RELATING TO THE CORRECTIONAL INDUSTRIES AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, ACT; AMENDING SECTION 20-413, IDAHO CODE, TO Barrett, Bateman, Batt, Bell, Bolz, Chew, Clow, Collins, ESTABLISH ADDITIONAL PROVISIONS RELATING Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, TO THE BOARD OF CORRECTION'S CONTRACTING Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, AUTHORITY AND TO MAKE TECHNICAL Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, CORRECTIONS. McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, H 327, H 328, H 329, H 330, and H 331 were introduced, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, read the first time by title, and referred to the Judiciary, Rules, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), and Administration Committee for printing. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 63. There being no objection, the House advanced to the Tenth NAYS – None. Order of Business. Absent and excused – Anderson(01), Boyle, Burgoyne, Henderson, Luker, Palmer, Wills. Total – 7. Second Reading of Bills and Joint Resolutions Total – 70. H 323, by Appropriations Committee, was read the second Whereupon the Speaker declared that more than two-thirds time by title and filed for third reading. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 323 was read the first H 133, by Local Government Committee, was read the time by title, second time by title, and third time at length, section second time by title and filed for third reading. by section, and placed before the House for final consideration. H 290, by Health and Welfare Committee, was read the At this time, the Speaker recognized Mr. Thompson to open second time by title and filed for third reading. debate. S 1065 and SCR 103, by Transportation Committee, were The question being, "Shall H 323 pass?" read the second time by title and filed for third reading. [March 22, 2013 HOUSE JOURNAL 267

Roll call resulted as follows: Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Barrett, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, Collins, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, DeMordaunt, Denney, Eskridge, Gestrin, Gibbs, Hancey, Gibbs, Hancey, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Luker, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Mendive, Miller, Monks, Morse, Nielsen, Patterson, Raybould, Miller, Monks, Morse, Nielsen, Packer, Pence, Perry, Raybould, Romrell, Shepherd, Stevenson, Thompson, Trujillo, VanOrden, Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Vander Woude, Wood(35), Youngblood, Mr. Speaker. Total – 44. VanOrden, Ward-Engelking, Wood(27), Woodings, Youngblood, NAYS – Bateman, Burgoyne, Chew, Erpelding, Gannon, Mr. Speaker. Total – 52. King, Kloc, Loertscher, Malek, McMillan, Meline, Packer, NAYS – Barbieri, Barrett, Boyle, Crane, Denney, Gestrin, Pence, Perry, Ringo, Rusche, Sims, Smith, Ward-Engelking, Hixon, McMillan, Moyle, Palmer, Patterson, Shepherd, Sims, Woodings. Total – 20. Trujillo, Vander Woude, Wood(35). Total – 16. Absent and excused – Anderson(01), Henderson, Moyle, Absent and excused – Henderson, Wills. Total – 2. Palmer, Wills, Wood(27). Total – 6. Paired Votes: Total – 70. AYE – Anderson(01) NAY – Barbieri Whereupon the Speaker declared that H 325 passed the AYE – Ward-Engelking NAY – Palmer House. Title was approved and the bill ordered transmitted to (Pairs enumerated in roll call above.) the Senate. Total – 70. There being no objection, the House advanced to the Whereupon the Speaker declared that H 323 passed the Eleventh Order of Business. House. Title was approved and the bill ordered transmitted to the Senate. Third Reading of Bills and Joint Resolutions H 325 - EDUCATION Mr. Luker asked unanimous consent that S 1119 be returned to the Judiciary, Rules, and Administration Committee. There Mr. Moyle moved that all rules of the House interfering with being no objection, it was so ordered. the immediate consideration of H 325 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State S 1112 - PUBLIC UTILITIES COMMISSION of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 325 be S 1112 was read the third time at length, section by section, read the first time by title, second time by title, and third time at and placed before the House for final consideration. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. At this time, the Speaker recognized Mr. Eskridge to open debate. The question being, "Shall the rules be suspended?" The question being, "Shall S 1112 pass?" Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Roll call resulted as follows: Barrett, Bateman, Batt, Bell, Bolz, Chew, Clow, Collins, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 63. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – None. Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Absent and excused – Anderson(01), Boyle, Burgoyne, Mr. Speaker. Total – 66. Henderson, Luker, Palmer, Wills. Total – 7. NAYS – None. Total – 70. Absent and excused – Anderson(01), Henderson, Palmer, Wills. Total – 4. Whereupon the Speaker declared that more than two-thirds Total – 70. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 325 was read the first Whereupon the Speaker declared that S 1112 passed the time by title, second time by title, and third time at length, section House. Title was approved and the bill ordered returned to the by section, and placed before the House for final consideration. Senate.

At this time, the Speaker recognized Mr. DeMordaunt to S 1152 - APPROPRIATIONS - open debate. PROFESSIONAL-TECHNICAL EDUCATION DIVISION Mr. Burgoyne asked unanimous consent that, pursuant to S 1152 was read the third time at length, section by section, Rule 22, discussion of other pending legislation be allowed in and placed before the House for final consideration. debate of H 325. There being no objection it was so ordered. At this time, the Speaker recognized Mr. Thompson to open The question being, "Shall H 325 pass?" debate. 268 HOUSE JOURNAL March 22, 2013]

The question being, "Shall S 1152 pass?" Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Roll call resulted as follows: Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Hixon, Woodings, Youngblood, Mr. Speaker. Total – 61. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, NAYS – Hixon, Holtzclaw, McMillan, Sims. Total – 4. Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Absent and excused – Anderson(01), Henderson, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Palmer, Wills. Total – 5. Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Total – 70. Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Whereupon the Speaker declared that S 1154 passed the Total – 65. House. Title was approved and the bill ordered returned to the NAYS – None. Senate. Absent and excused – Anderson(01), Gestrin, Henderson, Palmer, Wills. Total – 5. S 1108 - INITIATIVE AND REFERENDUM ELECTIONS Total – 70. S 1108 was read the third time at length, section by section, Whereupon the Speaker declared that S 1152 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Luker to open debate. S 1153 - APPROPRIATIONS - CATASTROPHIC HEALTH CARE COST FUND The question being, "Shall S 1108 pass?" S 1153 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Ms. King to open Denney, Eskridge, Gestrin, Gibbs, Hartgen, Hixon, Holtzclaw, debate. Horman, Kauffman, Loertscher, Luker, McMillan, Meline, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Perry, Raybould, The question being, "Shall S 1153 pass?" Romrell, Shepherd, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), Wood(35), Youngblood, Mr. Speaker. Roll call resulted as follows: Total – 45. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, NAYS – Agidius, Barbieri, Burgoyne, Chew, Clow, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Erpelding, Gannon, Hancey, Harris, King, Kloc, Malek, Mendive, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Patterson, Pence, Ringo, Rusche, Sims, Smith, Ward-Engelking, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Woodings. Total – 21. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Absent and excused – Anderson(01), Henderson, Morse, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Wills. Total – 4. Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Paired Votes: Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, AYE – Palmer NAY – Pence Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 64. (Pairs enumerated in roll call above.) NAYS – Wood(35). Total – 1. Total – 70. Absent and excused – Anderson(01), Henderson, Morse, Palmer, Wills. Total – 5. Whereupon the Speaker declared that S 1108 passed the Total – 70. House. Title was approved and the bill ordered returned to the Senate. Whereupon the Speaker declared that S 1153 passed the House. Title was approved and the bill ordered returned to the S 1117 - OVERWEIGHT OR OVERSIZE LOADS - Senate. PERMITS

S 1154 - APPROPRIATIONS - COMMISSION FOR S 1117 was read the third time at length, section by section, LIBRARIES and placed before the House for final consideration. S 1154 was read the third time at length, section by section, At this time, the Speaker recognized Mr. Gibbs to open and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. Eskridge to open Mr. Gibbs asked unanimous consent that, pursuant to debate. Rule 22, discussion of other pending legislation be allowed in debate of S 1117. There being no objection it was so ordered. The question being, "Shall S 1154 pass?" Pursuant to Rule 38(3), Mr. Kauffman disclosed a conflict of Roll call resulted as follows: interest regarding S 1117. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Pursuant to Rule 38(3), Mr. Youngblood disclosed a conflict Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, of interest regarding S 1117. [March 22, 2013 HOUSE JOURNAL 269

The question being, "Shall S 1117 pass?" Report of Standing Committees

Roll call resulted as follows: March 22, 2013 AYES – Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Mr. Speaker: Bell, Bolz, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, We, your COMMITTEE ON JUDICIARY, RULES, AND Erpelding, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, ADMINISTRATION, report that we have printed HCR 33. Horman, Kauffman, Loertscher, Malek, McMillan, Meline, WILLS, Chairman Mendive, Miller, Monks, Moyle, Nielsen, Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, HCR 33 was filed for second reading. Thompson, Trujillo, VanOrden, Vander Woude, Wood(27), There being no objection, the House advanced to the Wood(35), Youngblood, Mr. Speaker. Total – 49. Sixteenth Order of Business. NAYS – Agidius, Anderson(01), Anderson(31), Boyle, Burgoyne, Chew, Eskridge, Gannon, Gestrin, King, Kloc, Luker, Adjournment Pence, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 18. Mr. Moyle moved that the House adjourn until 9 a.m., Absent and excused – Henderson, Morse, Wills. Total – 3. Monday, March 25, 2013. Seconded by Mr. Rusche. Motion Paired Votes: carried. AYE – Collins NAY – Anderson(01) Whereupon the Speaker declared the House adjourned at AYE – Palmer NAY – Pence 12:15 p.m. (Pairs enumerated in roll call above.) SCOTT BEDKE, Speaker Total – 70. ATTEST: Whereupon the Speaker declared that S 1117 passed the BONNIE ALEXANDER, Chief Clerk House. Title was approved and the bill ordered returned to the Senate.

H 322 - OVERWEIGHT OR OVERSIZE LOADS

H 322 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gibbs to open debate. The question being, "Shall H 322 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 64. NAYS – None. Absent and excused – Anderson(01), Boyle, Henderson, Morse, Palmer, Wills. Total – 6. Total – 70. Whereupon the Speaker declared that H 322 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, March 25, 2013. There being no objection, it was so ordered. There being no objection, the House returned to the Fifth Order of Business. 270 HOUSE JOURNAL March 25, 2013]

HOUSE JOURNAL March 22, 2013 Mr. Speaker: OF THE I return herewith enrolled H 199, H 269, H 270, H 102, H 244, H 216, H 76, H 127, H 162, H 185, H 218, H 225, H 110, and H 113, as amended, which have been signed by the President. IDAHO LEGISLATURE NOVAK, Secretary FIRST REGULAR SESSION Enrolled H 199, H 269, H 270, H 102, H 244, H 216, SIXTY-SECOND LEGISLATURE H 76, H 127, H 162, H 185, H 218, H 225, H 110, and H 113, as amended, were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. March 22, 2013 SEVENTY-EIGHTH LEGISLATIVE DAY Mr. Speaker: MONDAY, MARCH 25, 2013 I transmit herewith SCR 128, SJM 102, S 1149, S 1118, as amended, and S 1147, as amended, which have passed the Senate. NOVAK, Secretary House of Representatives SCR 128, SJM 102, S 1149, S 1118, as amended, and S 1147, The House convened at 9 a.m., the Speaker in the Chair. as amended, were filed for first reading. Roll call showed 67 members present. Absent and excused – Anderson(01), Barbieri, Palmer. Report of Standing Committees Total – 3. Total – 70. March 25, 2013 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Eric Labra, Page. ADMINISTRATION, report that we have printed H 327, H 328, H 329, H 330, and H 331. Approval of Journal WILLS, Chairman H 327, H 328, and H 329 were filed for second reading. March 25, 2013 H 330 was referred to the Education Committee. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 331 was referred to the Judiciary, Rules, and ADMINISTRATION, report that we have read and approved Administration Committee. the House Journal of the Seventy-fifth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman March 25, 2013 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Burgoyne. Report adopted. ADMINISTRATION, report that we have enrolled H 248. WILLS, Chairman Consideration of Messages from the The Speaker announced he was about to sign enrolled Governor and the Senate H 248 and, when so signed, ordered it transmitted to the Senate for the signature of the President. OFFICE OF THE GOVERNOR Boise March 21, 2013 March 22, 2013 Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, The Honorable Scott Bedke report that we have had under consideration H 13 and recommend Speaker of the House that it do pass. COLLINS, Chairman Dear Mr. Speaker: I have the honor to advise you that I have signed today and H 13 was filed for second reading. am transmitting to the Secretary of State the following House bills, to wit: March 22, 2013 H 41, H 55, H 105, H 107, H 130, as amended in the Senate, Mr. Speaker: H 140, H 161, H 167, as amended in the Senate, H 170, H 214, We, your COMMITTEE ON ENVIRONMENT, ENERGY, H 220, and H 224 AND TECHNOLOGY, report that we have had under consideration SCR 127 and recommend that it do pass. As Always - Idaho, "Esto Perpetua" RAYBOULD, Chairman /s/ C.L. "Butch" Otter Governor SCR 127 was filed for second reading. [March 25, 2013 HOUSE JOURNAL 271

March 22, 2013 S 1149 and S 1147, as amended, by State Affairs Committee, Mr. Speaker: were introduced, read the first time by title, and referred to the We, your COMMITTEE ON TRANSPORTATION AND Education Committee. DEFENSE, report that we have had under consideration H 321 and S 1179 and recommend that they do pass. S 1118, as amended, by State Affairs Committee, was PALMER, Chairman introduced, read the first time by title, and referred to the State Affairs Committee. H 321 and S 1179 were filed for second reading. There being no objection, the House advanced to the Tenth There being no objection, the House advanced to the Seventh Order of Business. Order of Business. Second Reading of Bills and Joint Resolutions Motions, Memorials, and Resolutions H 317 and HCR 33, by Education Committee, were read the SCR 128, by Judiciary and Rules Committee, was second time by title and filed for third reading. introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee. H 324 and HCR 32, by Ways and Means Committee, were read the second time by title and filed for third reading. SJM 102, by Judiciary and Rules Committee, was introduced, read the first time by title, and held at the Desk. S 1146, SCR 121, SCR 122, and S 1079, by State Affairs Committee, were read the second time by title and filed for third Introduction, First Reading, and Reference reading. of Bills and Joint Resolutions HCR 31, by State Affairs Committee, was read the second HOUSE BILL NO. 332 time by title and filed for third reading. BY APPROPRIATIONS COMMITTEE S 1060, S 1123, and S 1151, by Judiciary and Rules AN ACT Committee, were read the second time by title and filed for third RELATING TO THE FISCAL YEAR 2013 reading. APPROPRIATION TO THE MEDICAL ASSISTANCE SERVICES DIVISION IN THE DEPARTMENT OF HEALTH Third Reading of Bills and Joint Resolutions AND WELFARE; REPEALING SECTION 6, CHAPTER 247, LAWS OF 2012, REMOVING REAPPROPRIATION H 133 - COUNTY RECORDER FEES AUTHORITY; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. H 133 was read the third time at length, section by section, and placed before the House for final consideration. HOUSE BILL NO. 333 At this time, the Speaker recognized Mr. Kloc to open debate. BY APPROPRIATIONS COMMITTEE AN ACT Pursuant to Rule 38(3), Mrs. Barrett disclosed a conflict of APPROPRIATING AND DIRECTING A TRANSFER interest regarding H 133. FROM THE MISCELLANEOUS REVENUE FUND WITHIN THE DIVISION OF VETERANS SERVICES TO THE Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of VETERANS RECOGNITION FUND; AND APPROPRIATING interest regarding H 133. AND DIRECTING A TRANSFER FROM THE FEDERAL The question being, "Shall H 133 pass?" GRANT FUND WITHIN THE DIVISION OF VETERANS SERVICES TO THE VETERANS RECOGNITION FUND. Roll call resulted as follows: AYES – Anderson(31), Anderst, Bateman, Bell, Bolz, Boyle, HOUSE BILL NO. 334 Burgoyne, Clow, Denney, Erpelding, Eskridge, Gannon, Gestrin, BY APPROPRIATIONS COMMITTEE Gibbs, Hancey, Harris, Hartgen, Henderson, Holtzclaw, Horman, AN ACT Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, APPROPRIATING ADDITIONAL MONEYS FOR Morse, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, THE PUBLIC HEALTH SERVICES DIVISION IN THE Smith, Thompson, VanOrden, Ward-Engelking, Wills, Wood(27), DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL Woodings, Youngblood, Mr. Speaker. Total – 45. YEAR 2014; AND PROVIDING LEGISLATIVE INTENT NAYS – Agidius, Andrus, Barrett, Batt, Collins, Crane, REGARDING CERTAIN VACCINES. Dayley, DeMordaunt, Hixon, McMillan, Mendive, Monks, Moyle, Nielsen, Patterson, Shepherd, Sims, Stevenson, Trujillo, HOUSE BILL NO. 335 Vander Woude, Wood(35). Total – 21. BY APPROPRIATIONS COMMITTEE Absent and excused – Anderson(01), Barbieri, Chew, Palmer. AN ACT Total – 4. APPROPRIATING MONEYS TO THE DEPARTMENT Total – 70. OF ADMINISTRATION FOR THE IDAHO STATE CAPITOL COMMISSION FOR FISCAL YEAR 2014; Whereupon the Speaker declared that H 133 passed the MAKING AN ENDING BALANCE CASH TRANSFER; House. Title was approved and the bill ordered transmitted to TRANSFERRING MONEYS FROM THE CAPITOL the Senate. PERMANENT ENDOWMENT FUND; AND EXEMPTING APPROPRIATION OBJECT TRANSFER LIMITATIONS. H 290 - WEIGHT LIMITATIONS FOR MOTOR VEHICLES H 332, H 333, H 334, and H 335 were introduced, read the first time by title, and referred to the Judiciary, Rules, and H 290 was read the third time at length, section by section, Administration Committee for printing. and placed before the House for final consideration. 272 HOUSE JOURNAL March 25, 2013]

At this time, the Speaker recognized Mrs. Wood(35) to open Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of debate. interest regarding H 217, as amended in the Senate. The question being, "Shall H 290 pass?" Pursuant to Rule 38(3), Mr. Gannon disclosed a conflict of interest regarding H 217, as amended in the Senate. Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, The question being, "Shall H 217, as amended in the Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, Senate, pass?" DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Roll call resulted as follows: Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Total – 65. Miller, Monks, Morse, Moyle, Nielsen, Packer, Pence, Perry, NAYS – Burgoyne. Total – 1. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Absent and excused – Anderson(01), Barbieri, Chew, Palmer. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 4. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 70. Youngblood, Mr. Speaker. Total – 66. NAYS – Patterson. Total – 1. Whereupon the Speaker declared that H 290 passed the Absent and excused – Anderson(01), Barbieri, Palmer. House. Title was approved and the bill ordered transmitted to Total – 3. the Senate. Total – 70. H 73, as amended in the Senate - INFORMATION Whereupon the Speaker declared H 217, as amended in TECHNOLOGY AND TELECOMMUNICATIONS the Senate, passed the House. Title was approved and the bill referred to the Judiciary, Rules, and Administration Committee H 73, as amended in the Senate, was read the third time at for enrolling. length, section by section, and placed before the House for final consideration. S 1021 - NURSES At this time, the Speaker recognized Mr. Loertscher to open S 1021 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall H 73, as amended in the Senate, pass?" At this time, the Speaker recognized Mr. Hixon to open debate. Roll call resulted as follows: The question being, "Shall S 1021 pass?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Roll call resulted as follows: Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Youngblood, Mr. Speaker. Total – 67. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – None. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Absent and excused – Anderson(01), Barbieri, Palmer. Youngblood, Mr. Speaker. Total – 67. Total – 3. NAYS – None. Total – 70. Absent and excused – Anderson(01), Barbieri, Palmer. Whereupon the Speaker declared H 73, as amended in Total – 3. the Senate, passed the House. Title was approved and the bill Total – 70. referred to the Judiciary, Rules, and Administration Committee for enrolling. Whereupon the Speaker declared that S 1021 passed the House. Title was approved and the bill ordered returned to the H 217, as amended in the Senate - MOTOR VEHICLES Senate. H 217, as amended in the Senate, was read the third time at S 1072, as amended, as amended in the House - ORGAN length, section by section, and placed before the House for final DONATION CONTRIBUTION FUND consideration. S 1072, as amended, as amended in the House, was read the At this time, the Speaker recognized Ms. Sims to open third time at length, section by section, and placed before the debate. House for final consideration. [March 25, 2013 HOUSE JOURNAL 273

At this time, the Speaker recognized Mr. Rusche to open The question being, "Shall S 1105 pass?" debate. Roll call resulted as follows: The question being, "Shall S 1072, as amended, as amended AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, in the House, pass?" Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Roll call resulted as follows: Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Collins, Crane, DeMordaunt, Denney, Erpelding, Eskridge, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Malek, Meline, Miller, Monks, Morse, Moyle, Nielsen, Packer, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Youngblood, Mr. Speaker. Total – 67. Shepherd, Smith, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – None. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Absent and excused – Anderson(01), Barbieri, Palmer. Youngblood, Mr. Speaker. Total – 61. Total – 3. NAYS – Dayley, Harris, McMillan, Mendive, Sims, Total – 70. Stevenson. Total – 6. Absent and excused – Anderson(01), Barbieri, Palmer. Whereupon the Speaker declared that S 1105 passed the Total – 3. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that S 1072, as amended, as amended in the House, passed the House. Title was approved S 1018, as amended, as amended - JUROR CONTEMPT and the bill ordered returned to the Senate. S 1018, as amended, as amended, was read the third time at S 1116, as amended, as amended in the House - ORGAN length, section by section, and placed before the House for final DONATIONS consideration. S 1116, as amended, as amended in the House, was read the At this time, the Speaker recognized Mr. Bateman to open third time at length, section by section, and placed before the debate. House for final consideration. The question being, "Shall S 1018, as amended, as At this time, the Speaker recognized Mr. Hixon to open amended, pass?" debate. Roll call resulted as follows: The question being, "Shall S 1116, as amended, as amended AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, in the House, pass?" Bateman, Batt, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Roll call resulted as follows: Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Youngblood, Mr. Speaker. Total – 65. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, NAYS – Gannon. Total – 1. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Anderson(01), Barbieri, Bell, Palmer. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 4. Youngblood, Mr. Speaker. Total – 67. Total – 70. NAYS – None. Absent and excused – Anderson(01), Barbieri, Palmer. Whereupon the Speaker declared that S 1018, as amended, Total – 3. as amended, passed the House. Title was approved and the bill Total – 70. ordered returned to the Senate. Whereupon the Speaker declared that S 1116, as amended, as amended in the House, passed the House. Title was approved S 1059, as amended - VENEREAL DISEASES - STATE and the bill ordered returned to the Senate. PRISONS S 1105 - LEGISLATIVE DEPARTMENT S 1059, as amended, was read the third time at length, section by section, and placed before the House for final consideration. S 1105 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Nielsen to open debate. At this time, the Speaker recognized Mrs. Woodings to open debate. The question being, "Shall S 1059, as amended, pass?" 274 HOUSE JOURNAL March 25, 2013]

Roll call resulted as follows: Eskridge, Gannon, Gibbs, Harris, Hartgen, Henderson, Hixon, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Total – 64. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, NAYS – Hancey. Total – 1. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Absent and excused – Anderson(01), Barbieri, Gestrin, Ward-Engelking, Wills, Wood(27), Wood(35), Youngblood, Malek, Palmer. Total – 5. Mr. Speaker. Total – 66. Total – 70. NAYS – None. Absent and excused – Anderson(01), Barbieri, Palmer, Whereupon the Speaker declared that S 1045, as Woodings. Total – 4. amended, passed the House. Title was approved and the bill Total – 70. ordered returned to the Senate. Whereupon the Speaker declared that S 1059, as amended, passed the House. Title was approved and the bill S 1068, as amended - SERVICE MEMBERS AND SPOUSES ordered returned to the Senate. - LICENSURE

S 1122 - CHILD CUSTODY S 1068, as amended, was read the third time at length, section by section, and placed before the House for final consideration. S 1122 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Wills to open debate. At this time, the Speaker recognized Mrs. Perry to open debate. The question being, "Shall S 1068, as amended, pass?" The question being, "Shall S 1122 pass?" Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Roll call resulted as follows: Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Youngblood, Mr. Speaker. Total – 64. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, NAYS – Harris. Total – 1. Youngblood, Mr. Speaker. Total – 66. Absent and excused – Anderson(01), Barbieri, Gestrin, NAYS – None. Palmer, Sims. Total – 5. Absent and excused – Anderson(01), Barbieri, Gestrin, Total – 70. Palmer. Total – 4. Whereupon the Speaker declared that S 1068, as Total – 70. amended, passed the House. Title was approved and the bill Whereupon the Speaker declared that S 1122 passed the ordered returned to the Senate. House. Title was approved and the bill ordered returned to the Senate. S 1106, as amended - PERSONNEL SYSTEM S 1106, as amended, was read the third time at length, section S 1045, as amended - VETERANS by section, and placed before the House for final consideration. S 1045, as amended, was read the third time at length, section At this time, the Speaker recognized Mrs. Woodings to open by section, and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. Holtzclaw to open The question being, "Shall S 1106, as amended, pass?" debate. Pursuant to Rule 38(3), Mr. Andrus disclosed a conflict of Roll call resulted as follows: interest regarding S 1045, as amended. AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, The question being, "Shall S 1045, as amended, pass?" Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Roll call resulted as follows: Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, [March 25, 2013 HOUSE JOURNAL 275

Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Whereupon the Speaker declared that S 1161 passed the Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, House. Title was approved and the bill ordered returned to the Youngblood, Mr. Speaker. Total – 67. Senate. NAYS – None. Absent and excused – Anderson(01), Barbieri, Palmer. Total – 3. S 1162 - APPROPRIATIONS - IDAHO STATE Total – 70. CONTROLLER Whereupon the Speaker declared that S 1106, as S 1162 was read the third time at length, section by section, amended, passed the House. Title was approved and the bill and placed before the House for final consideration. ordered returned to the Senate. At this time, the Speaker recognized Mr. Thompson to open S 1160 - APPROPRIATIONS - STATE LIQUOR DIVISION debate. S 1160 was read the third time at length, section by section, The question being, "Shall S 1162 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Eskridge to open AYES – Agidius, Anderson(31), Anderst, Bateman, Batt, debate. Bell, Bolz, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hartgen, The question being, "Shall S 1160 pass?" Henderson, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, Morse, Packer, Roll call resulted as follows: Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, AYES – Agidius, Anderson(31), Batt, Bell, Bolz, Burgoyne, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Chew, Erpelding, Eskridge, Gannon, Gibbs, Hixon, Kauffman, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, King, Kloc, Malek, Meline, Miller, Morse, Moyle, Packer, Mr. Speaker. Total – 51. Pence, Perry, Ringo, Rusche, Shepherd, Smith, Stevenson, NAYS – Andrus, Barrett, Boyle, Burgoyne, Hancey, Harris, Thompson, VanOrden, Ward-Engelking, Wills, Wood(27), Hixon, McMillan, Mendive, Monks, Moyle, Nielsen, Patterson, Woodings, Youngblood, Mr. Speaker. Total – 36. Shepherd, Sims, Wood(35). Total – 16. NAYS – Anderst, Andrus, Bateman, Boyle, Clow, Collins, Absent and excused – Anderson(01), Barbieri, Palmer. Crane, Dayley, DeMordaunt, Denney, Gestrin, Hancey, Harris, Total – 3. Hartgen, Holtzclaw, Horman, Loertscher, Luker, McMillan, Total – 70. Mendive, Monks, Nielsen, Patterson, Raybould, Romrell, Sims, Trujillo, Vander Woude, Wood(35). Total – 29. Whereupon the Speaker declared that S 1162 passed the Absent and excused – Anderson(01), Barbieri, Barrett, House. Title was approved and the bill ordered returned to the Henderson, Palmer. Total – 5. Senate. Total – 70.

Whereupon the Speaker declared that S 1160 passed the S 1163 - APPROPRIATIONS - HISPANIC AFFAIRS House. Title was approved and the bill ordered returned to the Senate. S 1163 was read the third time at length, section by section, and placed before the House for final consideration. S 1161 - APPROPRIATIONS - REGULATORY BOARDS, SELF-GOVERNING At this time, the Speaker recognized Mr. Gibbs to open debate. S 1161 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1163 pass?" At this time, the Speaker recognized Mr. Gibbs to open Roll call resulted as follows: debate. AYES – Agidius, Anderst, Andrus, Bateman, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall S 1161 pass?" Erpelding, Eskridge, Gannon, Gibbs, Hancey, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Malek, Meline, Miller, Packer, Pence, Perry, Raybould, Ringo, AYES – Agidius, Anderson(31), Anderst, Andrus, Batt, Bell, Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Bolz, Burgoyne, Chew, Collins, Crane, Dayley, DeMordaunt, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Youngblood, Mr. Speaker. Total – 47. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – Anderson(31), Barrett, Batt, Boyle, Denney, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Gestrin, Harris, Hartgen, Luker, McMillan, Mendive, Monks, Miller, Monks, Morse, Moyle, Packer, Pence, Perry, Raybould, Morse, Moyle, Nielsen, Patterson, Romrell, Shepherd, Sims. Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, Total – 19. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Absent and excused – Anderson(01), Barbieri, Palmer, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 57. Woodings. Total – 4. NAYS – Barrett, Boyle, Clow, Harris, Mendive, Nielsen, Total – 70. Patterson, Shepherd, Sims. Total – 9. Absent and excused – Anderson(01), Barbieri, Bateman, Whereupon the Speaker declared that S 1163 passed the Palmer. Total – 4. House. Title was approved and the bill ordered returned to the Total – 70. Senate. 276 HOUSE JOURNAL March 25, 2013]

S 1164 - APPROPRIATIONS - DIVISION OF The question being, "Shall S 1138, as amended, pass?" VOCATIONAL REHABILITATION Roll call resulted as follows: S 1164 was read the third time at length, section by section, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, and placed before the House for final consideration. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, At this time, the Speaker recognized Mrs. Ringo to open Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, debate. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, The question being, "Shall S 1164 pass?" Kloc, Loertscher, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Roll call resulted as follows: Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Mr. Speaker. Total – 65. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, NAYS – None. Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Absent and excused – Anderson(01), Barbieri, Meline, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Palmer, Wood(35). Total – 5. Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Total – 70. Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Whereupon the Speaker declared that S 1138, as Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, amended, passed the House. Title was approved and the bill Youngblood, Mr. Speaker. Total – 65. ordered returned to the Senate. NAYS – McMillan, Sims. Total – 2. Absent and excused – Anderson(01), Barbieri, Palmer. S 1047, as amended - INCOME TAX - GARNISHMENT Total – 3. S 1047, as amended, was read the third time at length, section Total – 70. by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1164 passed the At this time, the Speaker recognized Mr. Denney to open House. Title was approved and the bill ordered returned to the debate. Senate. The question being, "Shall S 1047, as amended, pass?" S 1065 - AMATEUR RADIO TOWERS Roll call resulted as follows: S 1065 was read the third time at length, section by section, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, and placed before the House for final consideration. Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, At this time, the Speaker recognized Mr. Kauffman to open Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, debate. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, The question being, "Shall S 1065 pass?" Malek, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Roll call resulted as follows: Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, AYES – Anderson(31), Anderst, Andrus, Barrett, Bateman, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 64. Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, NAYS – Burgoyne. Total – 1. Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Absent and excused – Anderson(01), Barbieri, Meline, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Palmer, Wood(35). Total – 5. Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Total – 70. Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Thompson, Whereupon the Speaker declared that S 1047, as Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), amended, passed the House. Title was approved and the bill Woodings, Youngblood, Mr. Speaker. Total – 62. ordered returned to the Senate. NAYS – Agidius, Stevenson, Trujillo. Total – 3. Absent and excused – Anderson(01), Barbieri, Meline, S 1080, as amended in the House - COUNTY OFFICERS Palmer, VanOrden. Total – 5. Total – 70. S 1080, as amended in the House, was read the third time at length, section by section, and placed before the House for final Whereupon the Speaker declared that S 1065 passed the consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mrs. Batt to open debate. S 1138, as amended - LOCAL PLANNING ACT The question being, "Shall S 1080, as amended in the S 1138, as amended, was read the third time at length, section House, pass?" by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Gibbs to open AYES – Agidius, Anderson(31), Anderst, Andrus, Bateman, debate. Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, [March 25, 2013 HOUSE JOURNAL 277

Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Absent and excused – Anderson(01), Barbieri, Palmer, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Romrell, Sims, Wood(35). Total – 6. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Total – 70. Malek, McMillan, Mendive, Miller, Monks, Morse, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared that S 1168 passed the Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, House. Title was approved and the bill ordered returned to the VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Senate. Woodings, Youngblood. Total – 62. NAYS – Barrett, Moyle, Mr. Speaker. Total – 3. S 1169 - APPROPRIATIONS - BOARD OF TAX APPEALS Absent and excused – Anderson(01), Barbieri, Meline, Palmer, Wood(35). Total – 5. S 1169 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that S 1080, as amended At this time, the Speaker recognized Mrs. Ringo to open in the House, passed the House. Title was approved and the bill debate. ordered returned to the Senate. The question being, "Shall S 1169 pass?"

S 1167 - APPROPRIATIONS - SECRETARY OF STATE Roll call resulted as follows: S 1167 was read the third time at length, section by section, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, and placed before the House for final consideration. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, At this time, the Speaker recognized Mr. Bolz to open debate. Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, The question being, "Shall S 1167 pass?" McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Roll call resulted as follows: Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Total – 63. Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, NAYS – None. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Absent and excused – Anderson(01), Barbieri, Gestrin, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Henderson, Loertscher, Palmer, Sims. Total – 7. Moyle, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Total – 70. Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Whereupon the Speaker declared that S 1169 passed the Youngblood, Mr. Speaker. Total – 61. House. Title was approved and the bill ordered returned to the NAYS – Boyle, Patterson, Sims. Total – 3. Senate. Absent and excused – Anderson(01), Barbieri, Meline, Nielsen, Palmer, Wood(35). Total – 6. S 1170 - APPROPRIATIONS - SOIL AND WATER Total – 70. CONSERVATION COMMISSION Whereupon the Speaker declared that S 1167 passed the S 1170 was read the third time at length, section by section, House. Title was approved and the bill ordered returned to the and placed before the House for final consideration. Senate. At this time, the Speaker recognized Mr. Miller to open S 1168 - APPROPRIATIONS - PUBLIC TELEVISION debate. S 1168 was read the third time at length, section by section, Pursuant to Rule 38(3), Mr. Miller disclosed a conflict of and placed before the House for final consideration. interest regarding S 1170. At this time, the Speaker recognized Mrs. Ringo to open The question being, "Shall S 1170 pass?" debate. Roll call resulted as follows: The question being, "Shall S 1168 pass?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Roll call resulted as follows: Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, AYES – Agidius, Anderson(31), Anderst, Andrus, Bateman, Hancey, Harris, Hartgen, Hixon, Holtzclaw, Horman, Kauffman, Batt, Bell, Bolz, Burgoyne, Chew, Collins, Crane, Denney, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Hartgen, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Henderson, Holtzclaw, Horman, Kauffman, King, Kloc, Malek, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Meline, Miller, Packer, Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Smith, Stevenson, Thompson, VanOrden, Ward-Engelking, Wills, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 44. Woodings, Youngblood, Mr. Speaker. Total – 63. NAYS – Barrett, Boyle, Clow, Dayley, DeMordaunt, NAYS – None. Gestrin, Harris, Hixon, Loertscher, Luker, McMillan, Mendive, Absent and excused – Anderson(01), Barbieri, Bateman, Monks, Morse, Moyle, Nielsen, Patterson, Shepherd, Trujillo, DeMordaunt, Henderson, Palmer, Sims. Total – 7. Vander Woude. Total – 20. Total – 70. 278 HOUSE JOURNAL March 25, 2013]

Whereupon the Speaker declared that S 1170 passed the Whereupon the Speaker declared SCR 105 adopted and House. Title was approved and the bill ordered returned to the ordered the resolution returned to the Senate. Senate. SCR 106 - FISH AND GAME - RULE REJECTED S 1171 - APPROPRIATIONS - DEPARTMENT OF AGRICULTURE SCR 106 was read the third time at length and placed before the House for final consideration. S 1171 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open debate. At this time, the Speaker recognized Mr. Miller to open debate. Pursuant to Rule 38(3), Mr. Bedke disclosed a conflict of interest regarding SCR 106. Mrs. Batt asked unanimous consent that, pursuant to Rule 38(3), she be excused from voting on S 1171 due to a The question being, "Shall SCR 106 be adopted?" conflict of interest. There being no objection, it was so ordered. Roll call resulted as follows: The question being, "Shall S 1171 pass?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Roll call resulted as follows: Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Bateman, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Youngblood, Mr. Speaker. Total – 67. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – None. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Absent and excused – Anderson(01), Barbieri, Palmer. Youngblood, Mr. Speaker. Total – 66. Total – 3. NAYS – None. Total – 70. Absent and excused – Anderson(01), Barbieri, Palmer. Whereupon the Speaker declared SCR 106 adopted and Total – 3. ordered the resolution returned to the Senate. Excused from voting – Batt. Total – 1. Total – 70. Whereupon the Speaker declared that S 1171 passed the SCR 108 - FISH AND GAME - RULE REJECTED House. Title was approved and the bill ordered returned to the SCR 108 was read the third time at length and placed before Senate. the House for final consideration. At this time, the Speaker recognized Mr. Wood(27) to open SCR 105 - TAX APPEALS BOARD - RULES REJECTED debate. SCR 105 was read the third time at length and placed before Pursuant to Rule 38(3), Mr. Bedke disclosed a conflict of the House for final consideration. interest regarding SCR 108. At this time, the Speaker recognized Mr. Collins to open The question being, "Shall SCR 108 be adopted?" debate. Roll call resulted as follows: The question being, "Shall SCR 105 be adopted?" AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Roll call resulted as follows: Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Henderson, Hixon, Horman, Kauffman, King, Kloc, Loertscher, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Youngblood, Mr. Speaker. Total – 66. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, NAYS – None. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Absent and excused – Anderson(01), Barbieri, Holtzclaw, Youngblood, Mr. Speaker. Total – 67. Palmer. Total – 4. NAYS – None. Total – 70. Absent and excused – Anderson(01), Barbieri, Palmer. Total – 3. Whereupon the Speaker declared SCR 108 adopted and Total – 70. ordered the resolution returned to the Senate. [March 25, 2013 HOUSE JOURNAL 279

SCR 110 - FISH AND GAME - RULE REJECTED SCR 110 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open debate. The question being, "Shall SCR 110 be adopted?"

Roll call resulted as follows: AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. NAYS – None. Absent and excused – Anderson(01), Barbieri, Malek, Palmer. Total – 4. Total – 70. Whereupon the Speaker declared SCR 110 adopted and ordered the resolution returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Tuesday, March 26, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:36 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 280 HOUSE JOURNAL March 26, 2013]

HOUSE JOURNAL March 25, 2013 Mr. Speaker: OF THE I transmit herewith S 1166, as amended, S 1150, S 1158, S 1189, S 1191, S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, S 1178, S 1180, S 1181, S 1182, S 1183, and S 1186 which have IDAHO LEGISLATURE passed the Senate. NOVAK, Secretary FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE S 1166, as amended, S 1150, S 1158, S 1189, S 1191, S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, S 1178, S 1180, S 1181, S 1182, S 1183, and S 1186 were filed for first reading. March 25, 2013 SEVENTY-NINTH LEGISLATIVE DAY Mr. Speaker: TUESDAY, MARCH 26, 2013 I return herewith HCR 23, HCR 17, HCR 27, HCR 29, H 192, H 223, H 147, H 148, H 149, H 121, H 183, and H 193, as amended, which have passed the Senate. House of Representatives NOVAK, Secretary The House convened at 10 a.m., the Speaker in the Chair. HCR 23, HCR 17, HCR 27, HCR 29, H 192, H 223, H 147, H 148, H 149, H 121, H 183, and H 193, as amended, were Roll call showed all 70 members present. referred to the Judiciary, Rules, and Administration Committee for enrolling. Prayer was offered by Chaplain Tom Dougherty. March 25, 2013 The Pledge of Allegiance was led by Francesca Ghiorso, Mr. Speaker: Page. I return herewith H 142, as amended in the Senate, as amended in the Senate, which has passed the Senate. Approval of Journal NOVAK, Secretary March 26, 2013 H 142, as amended in the Senate, as amended in the Senate, Mr. Speaker: was ordered held at the Desk. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved Mr. Morse asked unanimous consent that the House concur the House Journal of the Seventy-eighth Legislative Day and in the Senate amendments to H 142, as amended in the Senate, recommend that same be adopted as corrected. as amended in the Senate. There being no objection, it was so WILLS, Chairman ordered. Mr. Wills moved that the report be adopted. Seconded by H 142, as amended in the Senate, as amended in the Mr. Burgoyne. Report adopted. Senate, was referred to the Judiciary, Rules, and Administration Committee for engrossing.

Consideration of Messages from the Governor and the Senate Report of Standing Committees March 25, 2013 Mr. Speaker: March 26, 2013 I transmit herewith enrolled S 1049, as amended in the Mr. Speaker: House, S 1013, as amended in the House, S 1029, S 1107, as We, your COMMITTEE ON JUDICIARY, RULES, AND amended, S 1111, S 1078, S 1112, S 1152, S 1153, S 1154, ADMINISTRATION, report that we have printed H 332, H 333, S 1108, and S 1117 for the signature of the Speaker. H 334, and H 335. NOVAK, Secretary WILLS, Chairman The Speaker announced he was about to sign enrolled H 332, H 333, H 334, and H 335 were filed for second S 1049, as amended in the House, S 1013, as amended in the reading. House, S 1029, S 1107, as amended, S 1111, S 1078, S 1112, SJM 102, held at the Desk March 26, 2013, was referred to S 1152, S 1153, S 1154, S 1108, and S 1117 and, when so signed, the State Affairs Committee. ordered them returned to the Senate. March 25, 2013 March 26, 2013 Mr. Speaker: Mr. Speaker: I return herewith enrolled HCR 19 and H 248 which have We, your COMMITTEE ON JUDICIARY, RULES, AND been signed by the President. ADMINISTRATION, report that we have enrolled H 73, as NOVAK, Secretary amended in the Senate, and H 217, as amended in the Senate. WILLS, Chairman Enrolled HCR 19 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. The Speaker announced he was about to sign enrolled H 73, as amended in the Senate, and H 217, as amended in the Senate, Enrolled H 248 was referred to the Judiciary, Rules, and and, when so signed, ordered them transmitted to the Senate for Administration Committee for delivery to the Governor. the signature of the President. [March 26, 2013 HOUSE JOURNAL 281

March 26, 2013 S 1155, S 1156, and S 1157 were filed for second reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 26, 2013 ADMINISTRATION, report that we have transmitted enrolled Mr. Speaker: H 199, H 269, H 270, H 102, H 244, H 216, H 76, H 127, H 162, We, your COMMITTEE ON EDUCATION, report that we H 185, H 218, H 225, H 110, and H 113, as amended, to the have had under consideration S 1147, as amended, and S 1149 and Governor at 9:45 a.m., as of this date, March 25, 2013. recommend that they do pass. WILLS, Chairman DEMORDAUNT, Chairman S 1147, as amended, and S 1149 were filed for second March 25, 2013 reading. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report There being no objection, the House advanced to the Seventh that we have had under consideration S 1126 and S 1127 and Order of Business. recommend that they do pass. LOERTSCHER, Chairman Motions, Memorials, and Resolutions S 1126 and S 1127 were filed for second reading. HOUSE PROCLAMATION NO. 1 BY WAYS AND MEANS COMMITTEE A PROCLAMATION March 25, 2013 COMMENDING PETER MORRILL FOR HIS Mr. Speaker: ACCOMPLISHMENTS UPON HIS RETIREMENT FROM We, your COMMITTEE ON HEALTH AND WELFARE, IDAHO PUBLIC TELEVISION. report that we have had under consideration S 1135 and We, the members of the House of Representatives and the recommend that it do pass. Senate of the State of Idaho assembled in the First Regular WOOD(27), Chairman Session of the Sixty-second Idaho Legislature, do hereby proclaim that: S 1135 was filed for second reading. WHEREAS, Peter Morrill has had a distinguished thirty-four year career with Idaho Public Television; and WHEREAS, Mr. Morrill began his career as a young March 25, 2013 director and videographer in 1979 and subsequently served as Mr. Speaker: producer/director, executive producer, assistant general manager We, your COMMITTEE ON HEALTH AND WELFARE, and then as general manager of Idaho Public Television; and report that we have had under consideration S 1114, as amended, WHEREAS, under Mr. Morrill's exceptional leadership and report it back with amendments attached to be placed on Idaho Public Television has been named the number one most General Orders for consideration. watched PBS station in the entire country based upon Nielsen WOOD(27), Chairman ratings; and WHEREAS, Idaho Public Television, despite having one S 1114, as amended, was placed on General Orders for of the smallest budgets for a statewide network, won fifty-three consideration. national and regional awards in 2012 alone, including an Emmy and an Edward R. Murrow Award; and WHEREAS, Mr. Morrill has served on numerous March 25, 2013 professional and community leadership boards and commissions Mr. Speaker: including serving on the executive committee of the National We, your COMMITTEE ON COMMERCE AND HUMAN Education Telecommunications Association (NETA), RESOURCES, report that we have had under consideration co-chairman of the Organization of State Broadcast Executives, S 1145 and recommend that it do pass. secretary/treasurer of the Idaho State Broadcasters Association, HARTGEN, Chairman the University of Idaho School of Journalism and Mass Media S 1145 was filed for second reading. Advisory Board and two terms on the Board of Directors of the Public Broadcasting Service (PBS); and WHEREAS, Mr. Morrill has been honored with many March 25, 2013 awards of distinction including the Silver Circle Award from the Mr. Speaker: National Academy of Television Arts and Sciences, Northwest We, your COMMITTEE ON JUDICIARY, RULES, Chapter, the Intellectual Freedom Award from the American AND ADMINISTRATION, report that we have had under Civil Liberties Union of Idaho, the National Advocacy Award, consideration S 1109, as amended, S 1119, S 1136, and S 1165 and the Grass Roots Award from America's Public Television Stations recommend that they do pass. and the United Nations Human Rights Day Award; and WILLS, Chairman WHEREAS, Mr. Morrill has been an active and engaged partner with the Idaho Legislature in successfully promoting S 1109, as amended, S 1119, S 1136, and S 1165 were filed and making accessible to Idaho citizens the legislative process for second reading. through the award winning Idaho in Session Legislature Live March 26, 2013 broadcasts and internet streaming; and Mr. Speaker: WHEREAS, Mr. Morrill will be retiring in 2013 as the We, your COMMITTEE ON RESOURCES AND general manager of Idaho Public Television. CONSERVATION, report that we have had under consideration NOW, THEREFORE, BE IT PROCLAIMED by the S 1155, S 1156, and S 1157 and recommend that they do pass. members of the House of Representatives and the Senate DENNEY, Chairman assembled in the First Regular Session of the Sixty-second 282 HOUSE JOURNAL March 26, 2013]

Idaho Legislature, that we recognize, honor and commend Peter negatively impact agricultural aviation in south central Idaho Morrill for his years of service to Idaho Public Television as and could reduce aerial wildland firefighting activities; and well as his positive contributions to the Idaho Legislature and to WHEREAS, the closure of the air traffic control tower at the citizens of Idaho and we wish him well in retirement. the Lewiston-Nez Perce County Airport (LWS) would reduce the availability of field condition reporting, eliminate U.S. Navy flight training capabilities, reduce Coast Guard aircraft use to HOUSE JOINT MEMORIAL NO. 3 patrol inland waterways, eliminate sequencing and separation BY WAYS AND MEANS COMMITTEE between commercial traffic and the aerial applicator aircraft and A JOINT MEMORIAL cause numerous flight delays; and TO THE SECRETARY OF THE UNITED STATES WHEREAS, the shift reduction and closure of air traffic DEPARTMENT OF TRANSPORTATION, THE control towers in the State of Idaho would negatively impact the ADMINISTRATOR OF THE FEDERAL AVIATION State of Idaho by restricting flight operations, cause flight delays ADMINISTRATION AND TO THE CONGRESSIONAL and diminish weather reporting capabilities statewide; and DELEGATION REPRESENTING THE STATE OF IDAHO IN WHEREAS, the shift reduction and closure of air traffic THE CONGRESS OF THE UNITED STATES. control towers would negatively impact the economy of the We, your Memorialists, the House of Representatives and State of Idaho by reducing the number of flights and passengers the Senate of the State of Idaho assembled in the First Regular within the state, reduce navigation aid monitoring and repair and Session of the Sixty-second Idaho Legislature, do hereby increase the cost of flight operations due to delays for aircraft respectfully represent that: waiting for each other to take off or land in poor weather. WHEREAS, the Congress of the United States has imposed NOW, THEREFORE, BE IT RESOLVED by the members of a federal budget sequestration for Federal Fiscal Year 2013; and the First Regular Session of the Sixty-second Idaho Legislature, WHEREAS, the Secretary of the United States Department the House of Representatives and the Senate concurring therein, of Transportation, Ray LaHood, and the Administrator of that the United States Department of Transportation and the the Federal Aviation Administration, Michael Huerta, have Federal Aviation Administration are respectfully requested to jointly announced a $600 million reduction in Federal Aviation remove the six Idaho airports from their budget reduction plans Administration expenditures for the remainder of Federal Fiscal regarding the shift reduction to or closure of air traffic control Year 2013; and towers within the State of Idaho. Specifically, we urge the United WHEREAS, the Federal Aviation Administration spending States Department of Transportation and the Federal Aviation reduction includes, among other measures, the elimination of the Administration to refrain from eliminating the midnight shift midnight shift at more than sixty air traffic control towers, and at the Boise Tower located at the Boise Airport (BOI) and to the closure of more than one hundred air traffic control towers refrain from closing the air traffic control towers at the Idaho at airports with fewer than 150,000 flight operations, or 10,000 Falls Regional Airport (IDA), Pocatello Regional Airport (PIH), commercial operations per year; and Friedman Memorial Airport (SUN), Joslin Field-Magic Valley WHEREAS, the proposed elimination of the midnight shift Regional Airport (TWF) and the Lewiston-Nez Perce County at more than six hundred air traffic control towers includes the Airport (LWS). Boise Tower, located at the Boise Airport (BOI); and BE IT FURTHER RESOLVED that the Chief Clerk of the WHEREAS, the closure of more than one hundred air House of Representatives be, and she is hereby authorized and traffic control towers at airports, with fewer than 150,000 flight directed to forward a copy of this Memorial to the Secretary of the operations, or 10,000 commercial operations per year includes United States Department of Transportation, the Administrator air traffic control towers at the Idaho Falls Regional Airport of the Federal Aviation Administration, and the congressional (IDA), Pocatello Regional Airport (PIH), Friedman Memorial delegation representing the State of Idaho in the Congress of the Airport (SUN), Joslin Field-Magic Valley Regional Airport United States. (TWF) and the Lewiston-Nez Perce County Airport (LWS); and WHEREAS, the elimination of the midnight shift at the HP 1 and HJM 3 were introduced, read the first time by Boise Tower (BOI) would cause a loss of low visibility instrument title, and referred to the Judiciary, Rules, and Administration approaches, eliminate traffic separation among aircraft and Committee for printing. increase delays due to aircraft waiting for each other to take off or land in poor weather; and H 327 - APPROPRIATIONS - DEPARTMENT OF HEALTH WHEREAS, the closure of the air traffic control tower at AND WELFARE - SERVICE INTEGRATION - WELFARE the Idaho Falls Regional Airport (IDA) would negatively impact - MEDICALLY INDIGENT ADMINISTRATION air access for support of the Idaho National Laboratory, increase delays due to aircraft waiting for each other to take off or land in Mr. Moyle moved that all rules of the House interfering with poor weather and reduce aircraft incident/accident response; and the immediate consideration of H 327 be suspended; that the WHEREAS, the closure of the air traffic control tower portions of Section 15, Article 3 of the Constitution of the State at Pocatello Regional Airport (PIH) would negatively impact of Idaho, requiring all bills to be read on three several days be aerial firefighting air tanker services over a three state area and dispensed with, this being a case of urgency; and that H 327 be eliminate student flight training when there is a requirement to read the first time by title, second time by title, and third time at perform some of that training at a towered airport; and length, section by section, and placed before the House for final WHEREAS, the closure of the air traffic control tower at the consideration. Seconded by Mr. Rusche. Friedman Memorial Airport (SUN) would negatively eliminate The question being, "Shall the rules be suspended?" the safe, expeditious flow of aircraft traffic into and out of a challenging mountainous airport, cause safety issues due to the Roll call resulted as follows: nonstandard runway operations and restrict the maintenance and AYES – Agidius, Anderson(01), Anderson(31), Anderst, improvement of commercial air service to the region; and Barbieri, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, WHEREAS, the closure of the air traffic control tower Collins, Dayley, DeMordaunt, Denney, Eskridge, Gannon, at Joslin Field-Magic Valley Regional Airport (TWF) would Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, [March 26, 2013 HOUSE JOURNAL 283

Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Youngblood, Mr. Speaker. Total – 64. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, NAYS – None. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Absent and excused – Andrus, Bateman, Boyle, Crane, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Erpelding, Palmer. Total – 6. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Total – 70. Youngblood, Mr. Speaker. Total – 64. NAYS – None. Whereupon the Speaker declared that more than two-thirds Absent and excused – Andrus, Bateman, Boyle, Crane, of the membership having voted in the affirmative, the motion Erpelding, Palmer. Total – 6. carried, the rules were suspended, and H 328 was read the first Total – 70. time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion At this time, the Speaker recognized Mrs. Bell to open carried, the rules were suspended, and H 327 was read the first debate. time by title, second time by title, and third time at length, section The question being, "Shall H 328 pass?" by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Stevenson to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, The question being, "Shall H 327 pass?" Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Horman, Roll call resulted as follows: Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Miller, Monks, Morse, Packer, Pence, Perry, Raybould, Ringo, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Collins, Dayley, Romrell, Rusche, Smith, Stevenson, Thompson, VanOrden, DeMordaunt, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Youngblood, Mr. Speaker. Total – 54. King, Kloc, Loertscher, Malek, Meline, Miller, Morse, NAYS – Andrus, Barbieri, Bateman, Boyle, Denney, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Holtzclaw, McMillan, Mendive, Moyle, Nielsen, Patterson, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Shepherd, Sims, Trujillo, Wood(35). Total – 15. Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Absent and excused – Palmer. Total – 1. Mr. Speaker. Total – 49. Total – 70. NAYS – Barbieri, Bateman, Clow, Denney, Gestrin, Harris, Luker, McMillan, Mendive, Monks, Moyle, Nielsen, Patterson, Whereupon the Speaker declared that H 328 passed the Shepherd, Sims, Trujillo. Total – 16. House. Title was approved and the bill ordered transmitted to Absent and excused – Andrus, Boyle, Crane, Palmer, the Senate. Wood(35). Total – 5. Total – 70. H 329 - WEED AWARENESS WEEK Whereupon the Speaker declared that H 327 passed the House. Title was approved and the bill ordered transmitted to Mr. Moyle moved that all rules of the House interfering with the Senate. the immediate consideration of H 329 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State H 328 - APPROPRIATIONS - DEPARTMENT OF HEALTH of Idaho, requiring all bills to be read on three several days be AND WELFARE - PUBLIC HEALTH SERVICES dispensed with, this being a case of urgency; and that H 329 be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 328 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that H 328 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Agidius, Anderson(01), Anderson(31), Anderst, consideration. Seconded by Mr. Rusche. Barbieri, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Eskridge, Gannon, The question being, "Shall the rules be suspended?" Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Roll call resulted as follows: Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Barbieri, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Collins, Dayley, DeMordaunt, Denney, Eskridge, Gannon, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Youngblood, Mr. Speaker. Total – 64. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – None. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Absent and excused – Andrus, Bateman, Boyle, Crane, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Erpelding, Palmer. Total – 6. Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Total – 70. 284 HOUSE JOURNAL March 26, 2013]

Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 13 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 329 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Anderson(01), Anderson(31), Burgoyne, by section, and placed before the House for final consideration. Chew, Collins, Denney, Erpelding, Kauffman, King, Kloc, Meline, Pence, Ringo, Rusche, Smith, Trujillo, VanOrden, At this time, the Speaker recognized Mr. Erpelding to open Ward-Engelking, Woodings. Total – 19. debate. NAYS – Agidius, Anderst, Andrus, Barbieri, Barrett, The question being, "Shall H 329 pass?" Bateman, Batt, Bell, Bolz, Boyle, Clow, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Roll call resulted as follows: Hartgen, Henderson, Hixon, Holtzclaw, Horman, Loertscher, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Moyle, Nielsen, Packer, Patterson, Perry, Raybould, Romrell, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Shepherd, Sims, Stevenson, Thompson, Vander Woude, Wills, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 50. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Palmer. Total – 1. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Total – 70. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that H 13 failed to pass the Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, House and ordered the bill filed in the office of the Chief Clerk. Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), H 321 - HIGHWAYS Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. NAYS – None. Mr. Moyle moved that all rules of the House interfering with Absent and excused – Crane, Palmer. Total – 2. the immediate consideration of H 321 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that H 329 passed the of Idaho, requiring all bills to be read on three several days be House. Title was approved and the bill ordered transmitted to dispensed with, this being a case of urgency; and that H 321 be the Senate. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final H 13 - SALES AND USE TAX consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering The question being, "Shall the rules be suspended?" with the immediate consideration of H 13 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Agidius, Anderson(01), Anderson(31), Anderst, dispensed with, this being a case of urgency; and that H 13 be Barbieri, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, read the first time by title, second time by title, and third time at Collins, Dayley, DeMordaunt, Denney, Eskridge, Gannon, length, section by section, and placed before the House for final Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, consideration. Seconded by Mr. Rusche. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, The question being, "Shall the rules be suspended?" Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Roll call resulted as follows: Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Barbieri, Barrett, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Youngblood, Mr. Speaker. Total – 64. Collins, Dayley, DeMordaunt, Denney, Eskridge, Gannon, NAYS – None. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Absent and excused – Andrus, Bateman, Boyle, Crane, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Erpelding, Palmer. Total – 6. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Total – 70. Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Whereupon the Speaker declared that more than two-thirds Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, of the membership having voted in the affirmative, the motion Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, carried, the rules were suspended, and H 321 was read the first Youngblood, Mr. Speaker. Total – 64. time by title, second time by title, and third time at length, section NAYS – None. by section, and placed before the House for final consideration. Absent and excused – Andrus, Bateman, Boyle, Crane, At this time, the Speaker recognized Mr. Loertscher to open Erpelding, Palmer. Total – 6. debate. Total – 70. Whereupon the Speaker declared that more than two-thirds Pursuant to Rule 38(3), Mr. Loertscher disclosed a conflict of the membership having voted in the affirmative, the motion of interest regarding H 321. carried, the rules were suspended, and H 13 was read the first time Mr. Loertscher asked unanimous consent, pursuant to by title, second time by title, and third time at length, section by Rule 46, that H 321 be corrected as follows: section, and placed before the House for final consideration. Page 6, subsection (c) lines 9 - 15 remove indentation. At this time, the Speaker recognized Mr. Erpelding to open debate. There being no objection, it was so ordered. [March 26, 2013 HOUSE JOURNAL 285

The question being, "Shall H 321, as corrected, pass?" S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, S 1178, S 1180, S 1181, S 1182, S 1183, and S 1186, by Finance Roll call resulted as follows: Committee, were introduced, read the first time by title, and filed AYES – Anderson(01), Anderson(31), Anderst, Andrus, for second reading. Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, There being no objection, the House advanced to the Tenth Eskridge, Gannon, Gibbs, Hancey, Hartgen, Henderson, Hixon, Order of Business. Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Second Reading of Bills and Joint Resolutions Pence, Perry, Raybould, Ringo, Romrell, Rusche, Sims, Smith, SCR 127 and S 1179, by State Affairs Committee, were read Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, the second time by title and filed for third reading. Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 58. There being no objection, the House returned to the Fifth NAYS – Agidius, Barbieri, Barrett, Gestrin, Harris, Horman, Order of Business. McMillan, Mendive, Miller, Shepherd, Wood(35). Total – 11. Absent and excused – Palmer. Total – 1. Report of Standing Committees Total – 70. March 26, 2013 Whereupon the Speaker declared that H 321, as corrected, Mr. Speaker: passed the House. Title was approved and the bill ordered We, your COMMITTEE ON JUDICIARY, RULES, AND transmitted to the Senate. ADMINISTRATION, report that we have printed H 336. WILLS, Chairman Introduction, First Reading, and Reference of Bills and Joint Resolutions H 336 was referred to the Agricultural Affairs Committee.

HOUSE BILL NO. 336 There being no objection, the House advanced to the BY WAYS AND MEANS COMMITTEE Eleventh Order of Business. AN ACT RELATING TO WOLVES; AMENDING CHAPTER Third Reading of Bills and Joint Resolutions 4, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-409B, IDAHO CODE, TO PROVIDE H 317 - EDUCATION LEGISLATIVE INTENT, TO PROVIDE FOR THE DEPOSIT H 317 was read the third time at length, section by section, OF CERTAIN PROCEEDS, TO PROVIDE FOR THE WOLF and placed before the House for final consideration. DEPREDATION ACCOUNT, TO PROVIDE FOR THE INVESTMENT OF MONEYS IN THE ACCOUNT, TO At this time, the Speaker recognized Mr. Kloc to open debate. PROVIDE FOR THE TRANSFER OF PROCEEDS BY THE DEPARTMENT OF FISH AND GAME, TO PROVIDE The question being, "Shall H 317 pass?" THAT MONEYS ARE SUBJECT TO APPROPRIATION, TO PROVIDE FOR THE RETURN OF INTEREST EARNED Roll call resulted as follows: TO THE ACCOUNT, TO PROVIDE FOR THE USE OF AYES – Agidius, Anderson(01), Anderson(31), Anderst, MONEYS AND TO PROVIDE FOR THE ADMINISTRATION Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, OF DEPREDATION PAYMENTS TO LIVESTOCK Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, PRODUCERS BY THE GOVERNOR'S OFFICE OF SPECIES Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, CONSERVATION IN COORDINATION WITH THE FISH Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, AND GAME COMMISSION; AMENDING SECTION 36-416, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, IDAHO CODE, TO REVISE GRAY WOLF TAG FEES; AND Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, DECLARING AN EMERGENCY. Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, H 336 was introduced, read the first time by title, and VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), referred to the Judiciary, Rules, and Administration Committee Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 68. for printing. NAYS – None. S 1166, as amended, by State Affairs Committee, was Absent and excused – Malek, Palmer. Total – 2. introduced, read the first time by title, and referred to the Total – 70. Agricultural Affairs Committee. Whereupon the Speaker declared that H 317 passed the S 1150, by State Affairs Committee, was introduced, read the House. Title was approved and the bill ordered transmitted to first time by title, and referred to the Education Committee. the Senate. S 1158, by State Affairs Committee, was introduced, read H 324 - INTERSTATE COMPACT - EDUCATIONAL the first time by title, and referred to the Commerce and Human OPPORTUNITY FOR MILITARY CHILDREN Resources Committee. H 324 was read the third time at length, section by section, S 1189, by Judiciary and Rules Committee, was introduced, and placed before the House for final consideration. read the first time by title, and referred to the Judiciary, Rules, and Administration Committee. At this time, the Speaker recognized Mr. Nielsen to open debate. S 1191, by State Affairs Committee, was introduced, read the first time by title, and referred to the State Affairs Committee. The question being, "Shall H 324 pass?" 286 HOUSE JOURNAL March 26, 2013]

Roll call resulted as follows: Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, AYES – Agidius, Anderson(31), Anderst, Andrus, Barrett, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Collins, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, NAYS – None. Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Absent and excused – Palmer. Total – 1. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Total – 70. McMillan, Meline, Mendive, Miller, Monks, Morse, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Whereupon the Speaker declared HCR 32 adopted and Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, ordered the resolution transmitted to the Senate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 62. HCR 33 - INTERIM COMMITTEE - K THROUGH 12 NAYS – Barbieri, Crane, Luker, Moyle. Total – 4. EDUCATIONAL SYSTEM Absent and excused – Anderson(01), Clow, Malek, Palmer. HCR 33 was read the third time at length and placed before Total – 4. the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. DeMordaunt to Whereupon the Speaker declared that H 324 passed the open debate. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall HCR 33 be adopted?"

HCR 31 - NATURAL RESOURCE ISSUES - STUDY Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, HCR 31 was read the third time at length and placed before Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, the House for final consideration. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, At this time, the Speaker recognized Mr. Raybould to open Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, debate. Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, The question being, "Shall HCR 31 be adopted?" Nielsen, Packer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 62. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – Burgoyne, Chew, Erpelding, Gannon, Kloc, Ringo, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Smith. Total – 7. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Absent and excused – Palmer. Total – 1. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Total – 70. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Whereupon the Speaker declared HCR 33 adopted and Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, ordered the resolution transmitted to the Senate. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), S 1146 - EDUCATION Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. S 1146 was read the third time at length, section by section, Absent and excused – Palmer. Total – 1. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Ms. Pence to open Whereupon the Speaker declared HCR 31 adopted and debate. ordered the resolution transmitted to the Senate. The question being, "Shall S 1146 pass?"

HCR 32 - STATE TAX COMMISSION - RULES Roll call resulted as follows: REJECTED AYES – Anderson(01), Anderson(31), Anderst, Andrus, HCR 32 was read the third time at length and placed before Bateman, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, the House for final consideration. Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Henderson, Hixon, At this time, the Speaker recognized Mrs. Trujillo to open Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, debate. Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall HCR 32 be adopted?" Rusche, Shepherd, Smith, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Roll call resulted as follows: Youngblood, Mr. Speaker. Total – 60. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Agidius, Barbieri, Barrett, Batt, Hartgen, McMillan, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Sims, Stevenson, Wood(35). Total – 9. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Absent and excused – Palmer. Total – 1. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Total – 70. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Whereupon the Speaker declared that S 1146 passed the Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, House. Title was approved and the bill ordered returned to the Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Senate. [March 26, 2013 HOUSE JOURNAL 287

S 1060 - PROSTITUTION Register Ban Enforcement Act."

S 1060 was read the third time at length, section by section, SECTION 2. LEGISLATIVE DECLARATION. The and placed before the House for final consideration. Legislature of the State of Idaho declares in connection with At this time, the Speaker recognized Mrs. Meline to open Section 18-3315A, Idaho Code: debate. The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted The question being, "Shall S 1060 pass?" to the federal government elsewhere in the Constitution and reserves to the state and the people of Idaho certain powers as Roll call resulted as follows: they were understood at the time that Idaho was admitted to AYES – Agidius, Anderson(01), Anderson(31), Anderst, statehood in 1890. The guaranty of those powers is a matter of Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, contract between the state and people of Idaho and the United Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, States as of the time that the compact with the United States was Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, agreed upon and adopted by Idaho and the United States. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The Ninth Amendment to the United States Constitution Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, guarantees to the people rights not granted in the Constitution Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, and reserves to the people of Idaho certain rights as they were Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, understood at the time that Idaho was admitted to statehood Rusche, Shepherd, Sims, Smith, Thompson, Trujillo, VanOrden, in 1890. The guaranty of those powers is a matter of contract Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), between the state and people of Idaho and the United States as Woodings, Youngblood, Mr. Speaker. Total – 68. of the time that the compact with the United States was agreed NAYS – Stevenson. Total – 1. upon and adopted by Idaho and the United States. Absent and excused – Palmer. Total – 1. The regulation of intrastate commerce is vested in the states Total – 70. under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal Whereupon the Speaker declared that S 1060 passed the law. Congress has not expressly preempted state regulation House. Title was approved and the bill ordered returned to the of intrastate commerce pertaining to the manufacture on an Senate. intrastate basis of firearms, firearms accessories and ammunition. The Second Amendment to the United States Constitution Mr. Moyle asked unanimous consent that the House recess reserves to the people the right to keep and bear arms as that right until 1:30 p.m. was understood at the time that Idaho was admitted to statehood Without objection, the Speaker declared the House at recess in 1890, and the guaranty of the right is a matter of contract until 1:30 p.m. between the state and people of Idaho and the United States as RECESS of the time that the compact with the United States was agreed Afternoon Session upon and adopted by Idaho and the United States. Section 11, article I, of the Idaho Constitution clearly secures The House reconvened at 1:30 p.m., the Speaker in the Chair. and prohibits government interference with the right of individual Idaho citizens to keep and bear arms. This constitutional Prior to recess, the House was at the Eleventh Order of protection is unchanged from the 1890 Idaho Constitution, which Business. was approved by Congress and the people of Idaho, and the right Consideration of General Orders exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Idaho and the Mr. Moyle moved that the House do now resolve itself into a United States in 1890. Committee of the Whole House for the consideration of General Orders. Seconded by Mr. Burgoyne. Motion carried. SECTION 3. That Section 18-3315A, Idaho Code, be, and the same is hereby amended to read as follows: Whereupon the House resolved itself into a Committee of the Whole House for the consideration of General Orders with Mr. Crane in the Chair. 18-3315A. PROHIBITION OF FEDERAL REGULATION OF CERTAIN FIREARMS. (1) As used in this When the Committee of the Whole House rose, section: the Speaker returned to the Chair and the House was in order. (a) "Borders of Idaho" means the boundaries of Idaho described in chapter 1, title 31, Idaho Code. Report of the Committee of the Whole House (b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not March 26, 2013 essential to the basic function of a firearm including, but Mr. Speaker: not limited to, telescopic or laser sights, magazines, flash or We, your COMMITTEE OF THE WHOLE HOUSE, report sound suppressors, folding or aftermarket stocks and grips, that we have had under consideration S 1133, as amended, and speedloaders, ammunition, ammunition carriers and lights report it back without recommendation, amended as follows: for target illumination. (c) "Generic and insignificant parts" includes, but is not HOUSE AMENDMENT TO S.B. NO. 1133, As Amended limited to, springs, screws, nuts and pins. AMENDMENT TO THE BILL (d) "Manufactured" means that a firearm, a firearm On page 1 of the engrossed bill, delete lines 10 through 40; accessory, or ammunition has been created from basic and delete pages 2 through 4, and insert: materials for functional usefulness including, but not limited "SECTION 1. SHORT TITLE. This act shall be known to, forging, casting, machining or other processes for and may be cited as the "Idaho Federal Firearm, Magazine and working materials. 288 HOUSE JOURNAL March 26, 2013]

(2) A personal firearm, a firearm accessory, or ammunition (67) This section applies to firearms, firearms accessories that is manufactured commercially or privately in Idaho and that and ammunition that are manufactured as defined in subsection remains within the borders of Idaho is not subject to federal law (1) and retained in Idaho after October 1, 2010. or federal regulation, including registration, under the authority of congress to regulate interstate commerce special taxation or SECTION 4. That Chapter 33, Title 18, Idaho Code, be, and confiscation. It is declared by the legislature that those items have the same is hereby amended by the addition thereto of a NEW not traveled in interstate commerce and are not subject to the SECTION, to be known and designated as Section 18-3315B, authority of congress to regulate under its commerce power. This Idaho Code, and to read as follows: section applies to a firearm, a firearm accessory or ammunition that is manufactured in Idaho from basic materials and that can 18-3315B. PROHIBITION OF REGULATION OF be manufactured without the inclusion of any significant parts CERTAIN FIREARMS. (1) Any official, agent or employee imported from another state. of the state of Idaho or a political subdivision thereof who (3) It is declared by the legislature that generic and knowingly and willfully enforces or orders an official, agent or insignificant parts that have other manufacturing or consumer employee of the state of Idaho or a political subdivision of the product applications are not firearms, firearms accessories or state to enforce any order, law, rule or regulation of the United ammunition, and their importation into Idaho and incorporation States government as provided in subsection (2) of this section into a firearm, a firearm accessory or ammunition manufactured upon a personal firearm, a firearm accessory or ammunition that in Idaho does not subject the firearm, firearm accessory or is owned or manufactured commercially or privately in Idaho ammunition to federal regulation. It is declared by the legislature shall be guilty of a misdemeanor and shall be subject to a fine of that basic materials, such as unmachined steel and unshaped not less than fifty dollars ($50.00) nor more than one thousand wood, are not firearms, firearms accessories or ammunition dollars ($1,000), shall be subject to imprisonment for a period and are not subject to congressional authority to regulate not to exceed one (1) year, or shall be subject to both such fine firearms, firearms accessories and ammunition under interstate and imprisonment. commerce as if they were actually firearms, firearms accessories (2) No federal order, law, rule or regulation issued, enacted or ammunition. The authority of congress to regulate interstate or promulgated on or after January 1, 2013, shall be knowingly commerce in basic materials does not include authority to or willfully enforced by any agent of the state or a political regulate firearms, firearms accessories and ammunition made subdivision of the state if, contrary to the provisions of section in Idaho from those materials. Firearms accessories that are 11, article I, of the constitution of the state of Idaho, such order, imported into Idaho from another state and that are subject to law, rule or regulation: federal regulation as being in interstate commerce do not subject (a) Bans or restricts ownership of a semiautomatic firearm a firearm to federal regulation under interstate commerce because or any magazine of a firearm; or they are attached to or used in conjunction with a firearm in (b) Requires any firearm, magazine or other firearm Idaho. accessory to be registered in any manner. (4) If the manufacture, transfer, possession or ownership of (3) "Enforcement" shall not be construed to include the any firearm or firearm accessory is prohibited by a federal law or performance of any act solely for the purpose of facilitating the executive order that becomes effective on or after March 1, 2013, transfer of firearms under federal law. then such firearm or firearm accessory is deemed unavailable as a result of such federal law or executive order. Any firearm SECTION 5. SEVERABILITY. The provisions of this act or firearm accessory that is subject to any such federal law or are hereby declared to be severable and if any provision of this act executive order, but which is manufactured in Idaho and remains or the application of such provision to any person or circumstance within the borders of Idaho, is not subject to the authority of is declared invalid for any reason, such declaration shall not affect congress to regulate under its commerce power because of the the validity of the remaining portions of this act. federal prohibition against such firearm or firearm accessory in interstate commerce. Therefore, any firearm or firearm accessory SECTION 6. An emergency existing therefor, which federally prohibited by law or order that becomes effective emergency is hereby declared to exist, this act shall be in full on or after March 1, 2013, under the authority of congress to force and effect on and after its passage and approval, and regulate interstate commerce may be manufactured, transferred, retroactively to January 1, 2013.". possessed or owned within the borders of Idaho. (5) Subsections (2), and (3) and (4) of this section do not CORRECTION TO TITLE apply to: On page 1, delete lines 2 through 8, and insert: (a) A firearm that cannot be carried and used by one (1) "RELATING TO FIREARMS, EXPLOSIVES AND OTHER person; DEADLY WEAPONS; PROVIDING A SHORT (b) A firearm that has a bore diameter greater than one and TITLE; PROVIDING LEGISLATIVE DECLARATION; one-half (1 1/2) inches and that uses smokeless powder, not AMENDING SECTION 18-3315A, IDAHO CODE, black powder, as a propellant; TO REVISE AND TO ESTABLISH ADDITIONAL (c) Ammunition with a projectile that explodes using an PROVISIONS RELATING TO THE PROHIBITION OF explosion of chemical energy after the projectile leaves the FEDERAL REGULATION OF CERTAIN FIREARMS; firearm; or AMENDING CHAPTER 33, TITLE 18, IDAHO (d) A firearm that discharges two (2) or more rounds of CODE, BY THE ADDITION OF A NEW SECTION ammunition with one (1) activation of the trigger or other 18-3315B, IDAHO CODE, TO PROVIDE CERTAIN firing device. PROHIBITED ACTS REGARDING FIREARMS (56) In order to be afforded the protections set forth in BY PUBLIC EMPLOYEES AND OFFICERS OF subsections (2) and (4) of this section, aA firearm or firearm GOVERNMENTAL ENTITIES, TO PROVIDE accessory manufactured or sold in Idaho under this section shall PENALTIES, TO ESTABLISH THAT CERTAIN LAWS have the words "Made in Idaho" clearly stamped on a central ARE UNENFORCEABLE IN IDAHO BY STATE metallic part, such as the receiver or frame. AND LOCAL GOVERNMENT OFFICIALS, AGENTS [March 26, 2013 HOUSE JOURNAL 289

OR EMPLOYEES AND TO DEFINE A TERM; Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, PROVIDING SEVERABILITY; DECLARING AN Kauffman, King, Kloc, Loertscher, Malek, Meline, Miller, Morse, EMERGENCY AND PROVIDING RETROACTIVE Packer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, APPLICATION.". Rusche, Shepherd, Smith, Thompson, Trujillo, VanOrden, CRANE, Chairman Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 55. Mr. Crane moved that the report be adopted. Seconded by NAYS – Barbieri, Barrett, Boyle, DeMordaunt, Harris, Mr. Rusche. McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Sims, Whereupon the Speaker declared the report adopted. Stevenson. Total – 13. Absent and excused – Gestrin, Luker. Total – 2. S 1133, as amended, as amended in the House, was filed for Total – 70. first reading. Whereupon the Speaker declared that S 1123 passed the The amendments were referred to Judiciary, Rules, and House. Title was approved and the bill ordered returned to the Administration committee for printing. Senate.

There being no objection, the House returned to the Eleventh S 1151 - CRIMINAL PROCEDURE Order of Business. S 1151 was read the third time at length, section by section, Third Reading of Bills and Joint Resolutions and placed before the House for final consideration. S 1079 - INTERNET CRIMES AGAINST CHILDREN At this time, the Speaker recognized Mr. Malek to open UNIT debate. S 1079 was read the third time at length, section by section, The question being, "Shall S 1151 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mrs. Perry to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall S 1079 pass?" Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Roll call resulted as follows: Loertscher, Luker, Malek, Meline, Miller, Monks, Morse, Moyle, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Thompson, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 64. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – Hartgen, McMillan, Mendive, Stevenson, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Wood(35). Total – 5. Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Absent and excused – Gestrin. Total – 1. Patterson, Pence, Perry, Raybould, Ringo, Romrell, Shepherd, Total – 70. Sims, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared that S 1151 passed the Youngblood, Mr. Speaker. Total – 67. House. Title was approved and the bill ordered returned to the NAYS – None. Senate. Absent and excused – Gestrin, Rusche, Thompson. Total – 3. Total – 70. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one Whereupon the Speaker declared that S 1079 passed the legislative day. There being no objection, it was so ordered. House. Title was approved and the bill ordered returned to the Senate. There being no objection, the House returned to the Fourth Order of Business. S 1123 - PROSTITUTION - HUMAN TRAFFICKING Consideration of Messages from the S 1123 was read the third time at length, section by section, Governor and the Senate and placed before the House for final consideration. March 26, 2013 At this time, the Speaker recognized Mrs. Packer to open Mr. Speaker: debate. I transmit herewith SCR 129 which has passed the Senate. NOVAK, Secretary Mrs. Packer asked unanimous consent that, pursuant to Rule 22, discussion of S 1060 be allowed in debate of S 1123. SCR 129 was filed for first reading. There being no objection it was so ordered. There being no objection, the House advanced to the Seventh The question being, "Shall S 1123 pass?" Order of Business. Motions, Memorials, and Resolutions Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, SCR 129, by Judiciary and Rules Committee, was Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, introduced, read the first time by title, and referred to the Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Judiciary, Rules, and Administration Committee. 290 HOUSE JOURNAL March 26, 2013]

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Wednesday, March 27, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:37 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 27, 2013 HOUSE JOURNAL 291

HOUSE JOURNAL previous legislators. I hope and expect that we can soon address our need for comprehensive liquor license reform. OF THE As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter IDAHO LEGISLATURE Governor FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE March 26, 2013 Mr. Speaker: I transmit herewith enrolled S 1021, S 1105, S 1018, as amended, as amended, S 1059, as amended, S 1122, S 1045, as amended, S 1068, as amended, S 1106, as amended, S 1160, EIGHTIETH LEGISLATIVE DAY S 1161, S 1162, S 1163, S 1164, S 1065, S 1138, as amended, WEDNESDAY, MARCH 27, 2013 S 1047, as amended, S 1167, S 1168, S 1169, S 1170, S 1171, SCR 105, SCR 106, SCR 108, and SCR 110 for the signature of the Speaker. House of Representatives NOVAK, Secretary The House convened at 10 a.m., the Speaker in the Chair. The Speaker announced he was about to sign enrolled Roll call showed all 70 members present. S 1021, S 1105, S 1018, as amended, as amended, S 1059, as amended, S 1122, S 1045, as amended, S 1068, as amended, Prayer was offered by Chaplain Tom Dougherty. S 1106, as amended, S 1160, S 1161, S 1162, S 1163, S 1164, S 1065, S 1138, as amended, S 1047, as amended, S 1167, The Pledge of Allegiance was led by Esther Frederick, Page. S 1168, S 1169, S 1170, S 1171, SCR 105, SCR 106, SCR 108, Approval of Journal and SCR 110 and, when so signed, ordered them returned to the Senate. March 27, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 26, 2013 ADMINISTRATION, report that we have read and approved Mr. Speaker: the House Journal of the Seventy-ninth Legislative Day and I return herewith enrolled H 73, as amended in the Senate, recommend that same be adopted as corrected. and H 217, as amended in the Senate, which have been signed by WILLS, Chairman the President. NOVAK, Secretary Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. Enrolled H 73, as amended in the Senate, and H 217, as amended in the Senate, were referred to the Judiciary, Rules, and Consideration of Messages from the Administration Committee for delivery to the Governor. Governor and the Senate

OFFICE OF THE GOVERNOR March 26, 2013 Boise Mr. Speaker: I transmit herewith S 1187, S 1188, and SCR 131 which have March 22, 2013 passed the Senate. NOVAK, Secretary The Honorable Scott Bedke Speaker of the House S 1187, S 1188, and SCR 131 were filed for first reading.

Dear Mr. Speaker: March 26, 2013 I have the honor to advise you that I have signed today and Mr. Speaker: am transmitting to the Secretary of State the following House bill, I return herewith HCR 25, HCR 30, H 239, H 30, as to wit: amended, H 125, H 171, as amended, H 261, H 138, H 242, H 159 H 124, H 243, H 226, H 283, H 284, H 285, H 293, H 296, within the time prescribed by law, the same having arrived H 297, H 298, H 299, H 300, H 301, H 302, H 303, H 304, in the Office of the Governor at the hour of 11:00 a.m. H 305, H 306, H 310, H 205, H 91, as amended, H 196, H 197, on March 20, 2013. H 232, H 80, and H 315 which have passed the Senate. NOVAK, Secretary I previously said I would not sign legislation granting specific exceptions to Idaho liquor license policy for particular entities. However, this session's requests from the Nez Perce Tribe and HCR 25, HCR 30, H 239, H 30, as amended, H 125, H 171, others appear to be valid under current circumstances and I will as amended, H 261, H 138, H 242, H 124, H 243, H 226, H 283, not reject them. H 284, H 285, H 293, H 296, H 297, H 298, H 299, H 300, H 301, H 302, H 303, H 304, H 305, H 306, H 310, H 205, The problems we tried to address previously still exist, H 91, as amended, H 196, H 197, H 232, H 80, and H 315 were but there is no reason to punish local communities or stymie referred to the Judiciary, Rules, and Administration Committee economic development because of policy decisions made by for enrolling. 292 HOUSE JOURNAL March 27, 2013]

Report of Standing Committees H 336 was filed for second reading. Mr. Wood(27) asked unanimous consent that S 1114, as March 27, 2013 amended, be returned to the Health and Welfare Committee. Mr. Speaker: There being no objection, it was so ordered. We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration H 111 and report it March 27, 2013 back with amendments attached to be placed on General Orders Mr. Speaker: for consideration. We, your COMMITTEE ON JUDICIARY, RULES, AND ANDRUS, Chairman ADMINISTRATION, report that we have printed House amendment to S 1133, as amended. H 111 was placed on General Orders for consideration. WILLS, Chairman There being no objection, the House advanced to the Seventh March 27, 2013 Order of Business. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Motions, Memorials, and Resolutions ADMINISTRATION, report that we have printed HP 1 and HJM 3. HOUSE CONCURRENT RESOLUTION NO. 34 WILLS, Chairman BY WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION HP 1 was filed for second reading. STATING FINDINGS OF THE LEGISLATURE AND HJM 3 was referred to the Transportation and Defense ACKNOWLEDGING THE SERIOUSNESS OF ALZHEIMER'S Committee. DISEASE AND RELATED DEMENTIAS IN IDAHO BY ENDORSING THE IDAHO ALZHEIMER'S PLANNING March 27, 2013 GROUP'S STATEWIDE PLAN TO INCREASE PUBLIC Mr. Speaker: AWARENESS AND ACCESS TO INFORMATION, TO We, your COMMITTEE ON JUDICIARY, RULES, AND PROVIDE SPECIFIC TRAINING FOR ALZHEIMER'S ADMINISTRATION, report that we have enrolled HCR 23, DISEASE AND RELATED DEMENTIAS, TO COORDINATE HCR 17, HCR 27, HCR 29, H 192, H 223, H 147, H 148, SUPPORT SERVICES FOR ALZHEIMER'S DISEASE H 149, H 121, H 183, and H 193, as amended. AND RELATED DEMENTIAS, TO CREATE A POSITIVE WILLS, Chairman REGULATORY AND FINANCIAL ENVIRONMENT AND TO DEVELOP AN ONGOING SOURCE OF DATA The Speaker announced he was about to sign enrolled COLLECTION. HCR 23, HCR 17, HCR 27, HCR 29, H 192, H 223, H 147, H 148, H 149, H 121, H 183, and H 193, as amended, and, Be It Resolved by the Legislature of the State of Idaho: when so signed, ordered them transmitted to the Senate for the signature of the President. WHEREAS, some 26,000 Idahoans are currently diagnosed with Alzheimer's disease, and the number is projected to increase March 27, 2013 significantly through 2025; and Mr. Speaker: WHEREAS, Idaho is projected to have the fifth highest We, your COMMITTEE ON JUDICIARY, RULES, AND increase in people suffering from Alzheimer's disease among all ADMINISTRATION, report that we have engrossed H 142, as of the United States over the next several years; and amended in the Senate, as amended in the Senate. WHEREAS, Alzheimer's disease is the only major cause of WILLS, Chairman death that has a mortality rate that continues to increase; and H 142, as amended in the Senate, as amended in the Senate, WHEREAS, Idaho's mortality rate from Alzheimer's disease was filed for first reading of engrossed bills. is consistently higher than the national average; and WHEREAS, 41% of Idahoans living in nursing homes have March 27, 2013 moderate to severe dementia; and Mr. Speaker: WHEREAS, the Idaho Alzheimer's Planning Group has We, your COMMITTEE ON JUDICIARY, RULES, AND developed a plan to address the problem of Alzheimer's disease ADMINISTRATION, report that we have transmitted enrolled and related dementias throughout the state; and HCR 19 to the Secretary of State at 10:21 a.m., as of this date, WHEREAS, the Idaho State Plan for Alzheimer's disease and March 26, 2013. related dementias is designed to help agencies, organizations and WILLS, Chairman individuals develop specific programs and strategies to meet the March 27, 2013 needs of Alzheimer's patients, their families and caregivers at the Mr. Speaker: state, regional and local levels. We, your COMMITTEE ON JUDICIARY, RULES, NOW, THEREFORE, BE IT RESOLVED by the members of AND ADMINISTRATION, report that we have transmitted the First Regular Session of the Sixty-second Idaho Legislature, enrolled H 248 to the Governor at 10:25 a.m., as of this date, the House of Representatives and the Senate concurring therein, March 26, 2013. that the State of Idaho acknowledges the seriousness of the impact WILLS, Chairman of Alzheimer's disease and related dementias upon the state and its people. March 27, 2013 BE IT FURTHER RESOLVED that the members of the Mr. Speaker: First Regular Session of the Sixty-second Idaho Legislature, the We, your COMMITTEE ON AGRICULTURAL AFFAIRS, House of Representatives and the Senate concurring therein, report that we have had under consideration H 336 and endorse the Idaho Alzheimer's Planning Group's statewide recommend that it do pass. plan for Alzheimer's disease and related dementias (ADRD) ANDRUS, Chairman and its recommendations to increase public awareness about [March 27, 2013 HOUSE JOURNAL 293

ADRD and provide information about the disease; to provide would create a phased development and implementation plan for ADRD-specific training and education for providers and both databases and present the proposed plan for funding to the caregivers; to coordinate support services for ADRD patients, Idaho Legislature within one year of the commission date. Such family members and caregivers; to create a positive regulatory a plan would include a recommendation about the framework and financial environment for addressing dementia related issues; needed for the databases, describe how it would be governed, and to develop an ongoing source of data collection on the needs estimate costs and propose options for funding. of Idaho's ADRD patients, families and caregivers. HCR 34 and HCR 35 were introduced, read the first time HOUSE CONCURRENT RESOLUTION NO. 35 by title, and referred to the Judiciary, Rules, and Administration BY WAYS AND MEANS COMMITTEE Committee for printing. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE SCR 131, by Judiciary and Rules Committee, was AND INSTRUCTING THE DEPARTMENT OF HEALTH introduced, read the first time by title, and referred to the AND WELFARE TO INVESTIGATE THE CREATION Judiciary, Rules, and Administration Committee. OF A HOSPITAL DISCHARGE DATABASE AND AN Introduction, First Reading, and Reference ALL-PAYER CLAIMS DATABASE AND TO ESTABLISH of Bills and Joint Resolutions AN ADVISORY COMMITTEE TO CREATE A PLAN FOR SUCH DATABASES. House of Representatives State of Idaho Be It Resolved by the Legislature of the State of Idaho: March 25, 2013 WHEREAS, the Health Quality Planning Commission (HQPC) was established by the Idaho Legislature in 2006 to The Honorable Joe Palmer, Chairman promote improved quality of care, health outcomes, quality Transportation and Defense Committee initiatives and patient safety in Idaho through investment in health information technology and other means; and Dear Representative Palmer: WHEREAS, over the past several years, the HQPC has examined a range of health issues that affect Idahoans, but Pursuant to House Rule 24, I am designating the efforts have been hampered because the data that is necessary to Transportation and Defense Committee a privileged committee understand the scope and cost of these health issues in Idaho is on Tuesday, March 26, 2013, for the purpose of hearing additional not available; and proposed legislation. WHEREAS, in order to establish a complete picture of Idahoans' experiences with the health care system, Idaho and Sincerely, the HQPC need a statewide health care database system for /s/ Scott Bedke collecting and reporting health care data; and Speaker of the House WHEREAS, according to the HQPC, a statewide health care database system can be done without putting any additional HOUSE BILL NO. 337 reporting burden on providers as the information is currently BY TRANSPORTATION AND DEFENSE COMMITTEE collected by providers and reported to payers, and payers would AN ACT assume primary responsibility for the data reporting; and RELATING TO STATE SALES AND USE TAX; WHEREAS, the HQPC states that a statewide health care AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY database system would be developed in two simultaneous THE ADDITION OF A NEW SECTION 63-3640A, IDAHO phases. Phase one would establish a hospital discharge database, CODE, TO IMPOSE AN ADDITIONAL ONE PERCENT and phase two would create an all-payer claims database by SALES AND USE TAX, TO PROVIDE FOR STATE TAX expanding the collected data set to include claims data on claims COMMISSION AUTHORITY AND TO PROVIDE FOR paid by all major public and private payers across the state; and DISTRIBUTION TO THE HIGHWAY DISTRIBUTION WHEREAS, the HQPC believes that collecting and ACCOUNT; AND PROVIDING A SUNSET DATE. distributing such complete, uniform information would give policymakers the information they need to make informed HOUSE BILL NO. 338 decisions and target investments for state dollars; provide BY TRANSPORTATION AND DEFENSE COMMITTEE transparency of data in order to identify and make needed AN ACT improvements; provide the information necessary to assess RELATING TO TRANSPORTATION AND MOTOR quality improvement initiatives at the community level; help FUEL TAXES AND FEES; TO PROVIDE A SHORT TITLE; the public understand provider performance, clinical quality AMENDING SECTION 41-4909, IDAHO CODE, TO and patient safety standards; support provider efforts to design PROVIDE FOR A TRANSFER FEE OF FOUR CENTS PER targeted quality improvement initiatives at the community level; GALLON ON THE DELIVERY OR STORAGE OF CERTAIN and enable providers to compare their own performance with FUELS, TO REMOVE LANGUAGE RELATING TO A those of their peers. CERTAIN CERTIFICATION AND TO MAKE A TECHNICAL NOW, THEREFORE, BE IT RESOLVED by the members of CORRECTION; AMENDING SECTION 41-4910, IDAHO the First Regular Session of the Sixty-second Idaho Legislature, CODE, TO REVISE PROVISIONS RELATING TO THE the House of Representatives and the Senate concurring therein, DISTRIBUTION OF CERTAIN TRANSFER FEES AND that the Idaho Department of Health and Welfare is instructed ACCUMULATED INTEREST, TO ESTABLISH PROVISIONS to investigate creating both a hospital discharge database and an RELATING TO A CERTIFICATION BY THE DIRECTOR all-payer claims database. AND DISTRIBUTION OF CERTAIN MONEYS AND BE IT FURTHER RESOLVED that the Idaho Department TO MAKE TECHNICAL CORRECTIONS; AMENDING of Health and Welfare shall establish an advisory committee that SECTION 49-106, IDAHO CODE, TO REVISE DEFINITIONS 294 HOUSE JOURNAL March 27, 2013]

AND TO MAKE A TECHNICAL CORRECTION; ESTABLISH PROVISIONS RELATING TO CERTAIN AMENDING SECTION 49-109, IDAHO CODE, TO REVISE MONEYS IN THE IDAHO LAW ENFORCEMENT FUND DEFINITIONS; AMENDING SECTION 49-402, IDAHO AND TO ESTABLISH PROVISIONS RELATING TO CODE, TO REVISE CERTAIN VEHICLE REGISTRATION THE DYED FUEL ENFORCEMENT PILOT PROGRAM; FEES AND TO REVISE CERTAIN FEES RELATING TO PROVIDING EFFECTIVE DATES AND PROVIDING A SCHOOL BUSES, MOTORCYCLES AND MOTOR-DRIVEN SUNSET DATE. CYCLES; AMENDING SECTION 49-402A, IDAHO CODE, TO REVISE FEES FOR CERTAIN UTILITY TRAILERS; HOUSE BILL NO. 339 AMENDING SECTION 49-432, IDAHO CODE, TO REVISE BY TRANSPORTATION AND DEFENSE COMMITTEE CERTAIN PERMIT FEES RELATING TO TEMPORARY AN ACT REGISTRATION FOR VEHICLES OR COMBINATION OF RELATING TO TRANSPORTATION AND CERTAIN VEHICLES, TO REVISE A FUEL PERMIT FEE, TO REVISE TAXES; TO PROVIDE A SHORT TITLE; AMENDING A CERTAIN UNLADEN WEIGHT PERMIT FEE, TO REVISE SECTION 63-3613, IDAHO CODE, TO REVISE FEES RELATING TO CERTAIN PERMITS TO OPERATE PROVISIONS RELATING TO THE TERM "SALES PRICE"; CERTAIN VEHICLES IN EXCESS OF A REGISTERED AMENDING SECTION 63-3638, IDAHO CODE, TO REVISE WEIGHT AND TO MAKE TECHNICAL CORRECTIONS; DISTRIBUTIONS FROM THE SALES TAX AND TO MAKE AMENDING SECTION 49-434, IDAHO CODE, TO REVISE TECHNICAL CORRECTIONS; AMENDING TITLE 63, FEES FOR COMMERCIAL VEHICLES, NONCOMMERCIAL IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER VEHICLES AND FARM VEHICLES HAVING A MAXIMUM 46, TO ESTABLISH THE MOTOR VEHICLE LEASE AND GROSS WEIGHT NOT IN EXCESS OF SIXTY THOUSAND RENTAL TAX, TO PROVIDE DEFINITIONS, TO PROVIDE POUNDS, TO REVISE REGISTRATION FEES FOR FOR A MOTOR VEHICLE LEASE AND RENTAL TAX, TO CERTAIN TRAILERS, TO REVISE AN ADMINISTRATIVE ESTABLISH PROVISIONS RELATING TO REGISTRATION, FEE, TO REVISE FEES FOR COMMERCIAL VEHICLES RETURNS AND PAYMENTS, TO PROVIDE THAT CERTAIN AND FARM VEHICLES HAVING A GROSS WEIGHT MONEYS SHALL BE STATE MONEYS, TO ESTABLISH IN EXCESS OF SIXTY THOUSAND POUNDS WHERE PROVISIONS RELATING TO THE ADMINISTRATION THE OWNER IS NOT REGISTERING THE VEHICLE OF PROVISIONS OF LAW, TO ESTABLISH PROVISIONS UNDER THE INTERNATIONAL REGISTRATION PLAN, RELATING TO REFUNDS, LIMITATIONS AND INTEREST, TO REVISE A REGISTRATION FEE FOR CERTAIN TO ESTABLISH PROVISIONS RELATING TO DEFICIENCY VEHICLES TRAVELING FEWER THAN TWO THOUSAND DETERMINATIONS, TO ESTABLISH PROVISIONS FIVE HUNDRED MILES AND TO MAKE TECHNICAL RELATING TO INTEREST ON DEFICIENCIES, A PERIOD CORRECTIONS; AMENDING CHAPTER 4, TITLE 49, OF LIMITATION UPON ASSESSMENT AND COLLECTION, IDAHO CODE, BY THE ADDITION OF A NEW SECTION ADDITIONS AND PENALTIES, AUTHORITY TO ENTER 49-457, IDAHO CODE, TO ESTABLISH PROVISIONS AGREEMENTS AND COLLECTION AND ENFORCEMENT; RELATING TO AN ELECTRIC VEHICLE FEE AND A AND PROVIDING AN EFFECTIVE DATE. HYBRID VEHICLE FEE; AMENDING SECTION 49-1004, IDAHO CODE, TO REVISE FEES RELATING TO PERMITS FOR CERTAIN OVERWEIGHT OR OVERSIZE LOADS; AMENDING SECTION 63-2402, IDAHO CODE, TO HOUSE BILL NO. 340 REVISE THE TAX UPON CERTAIN MOTOR FUELS BY TRANSPORTATION AND DEFENSE COMMITTEE AND TO REVISE THE TAX UPON DIESEL FUEL; AN ACT AMENDING SECTION 63-2424, IDAHO CODE, TO REVISE RELATING TO TRANSPORTATION AND MOTOR CERTAIN FEES RELATING TO VEHICLES POWERED FUEL TAXES AND FEES; TO PROVIDE A SHORT BY GASEOUS FUELS; AMENDING SECTION 63-3613, TITLE; AMENDING SECTION 41-4909, IDAHO CODE, TO IDAHO CODE, TO REVISE PROVISIONS RELATING PROVIDE FOR A TRANSFER FEE OF FOUR CENTS PER TO THE TERM "SALES PRICE"; AMENDING SECTION GALLON ON THE DELIVERY OR STORAGE OF CERTAIN 63-3638, IDAHO CODE, TO REVISE DISTRIBUTIONS FUELS AND TO REMOVE LANGUAGE RELATING TO A FROM THE SALES TAX AND TO MAKE TECHNICAL CERTAIN CERTIFICATION AND TO MAKE A TECHNICAL CORRECTIONS; AMENDING TITLE 63, IDAHO CODE, CORRECTION; AMENDING SECTION 41-4910, IDAHO BY THE ADDITION OF A NEW CHAPTER 46, TO CODE, TO REVISE PROVISIONS RELATING TO THE ESTABLISH THE MOTOR VEHICLE LEASE AND RENTAL DISTRIBUTION OF CERTAIN TRANSFER FEES AND TAX, TO PROVIDE DEFINITIONS, TO PROVIDE FOR ACCUMULATED INTEREST, TO ESTABLISH PROVISIONS A MOTOR VEHICLE LEASE AND RENTAL TAX, TO RELATING TO A CERTIFICATION BY THE DIRECTOR ESTABLISH PROVISIONS RELATING TO REGISTRATION, AND DISTRIBUTION OF CERTAIN MONEYS AND RETURNS AND PAYMENTS, TO PROVIDE THAT CERTAIN TO MAKE TECHNICAL CORRECTIONS; AMENDING MONEYS SHALL BE STATE MONEYS, TO ESTABLISH SECTION 63-2402, IDAHO CODE, TO REVISE THE TAX PROVISIONS RELATING TO THE ADMINISTRATION UPON CERTAIN MOTOR FUELS AND TO REVISE THE OF PROVISIONS OF LAW, TO ESTABLISH PROVISIONS TAX UPON DIESEL FUEL; AMENDING SECTION 63-2424, RELATING TO REFUNDS, LIMITATIONS AND INTEREST, IDAHO CODE, TO REVISE CERTAIN FEES RELATING TO TO ESTABLISH PROVISIONS RELATING TO DEFICIENCY VEHICLES POWERED BY GASEOUS FUELS; AMENDING DETERMINATIONS, TO ESTABLISH PROVISIONS TITLE 67, IDAHO CODE, BY THE ADDITION OF A RELATING TO INTEREST ON DEFICIENCIES, A PERIOD NEW SECTION 67-2914A, IDAHO CODE, TO ESTABLISH OF LIMITATION UPON ASSESSMENT AND COLLECTION, PROVISIONS RELATING TO CERTAIN MONEYS IN ADDITIONS AND PENALTIES, AUTHORITY TO ENTER THE IDAHO LAW ENFORCEMENT FUND AND TO AGREEMENTS AND COLLECTION AND ENFORCEMENT; ESTABLISH PROVISIONS RELATING TO THE DYED AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION FUEL ENFORCEMENT PILOT PROGRAM; PROVIDING OF A NEW SECTION 67-2914A, IDAHO CODE, TO EFFECTIVE DATES AND PROVIDING A SUNSET DATE. [March 27, 2013 HOUSE JOURNAL 295

HOUSE BILL NO. 341 S 1126, S 1127, S 1145, S 1155, S 1156, S 1157, S 1147, as BY TRANSPORTATION AND DEFENSE COMMITTEE amended, and S 1149, by State Affairs Committee, were read the AN ACT second time by title and filed for third reading. RELATING TO TRANSPORTATION AND REGISTRATION FEES; TO PROVIDE A SHORT TITLE; S 1135, S 1109, as amended, S 1119, S 1136, and S 1165, AMENDING SECTION 49-106, IDAHO CODE, TO by Judiciary and Rules Committee, were read the second time by REVISE DEFINITIONS AND TO MAKE A TECHNICAL title and filed for third reading. CORRECTION; AMENDING SECTION 49-109, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, S 1178, 49-402, IDAHO CODE, TO REVISE CERTAIN VEHICLE S 1180, S 1181, S 1182, S 1183, and S 1186, by Finance REGISTRATION FEES, TO REVISE CERTAIN FEES Committee, were read the second time by title and filed for third RELATING TO SCHOOL BUSES, MOTORCYCLES AND reading. MOTOR-DRIVEN CYCLES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-402A, IDAHO Third Reading of Bills and Joint Resolutions CODE, TO REVISE FEES FOR CERTAIN UTILITY TRAILERS; AMENDING SECTION 49-432, IDAHO CODE, Mr. Moyle asked unanimous consent that SCR 124 be TO REVISE CERTAIN PERMIT FEES RELATING TO placed at the top of the Third Reading Calendar. There being no TEMPORARY REGISTRATION FOR VEHICLES OR objection, it was so ordered. COMBINATION OF VEHICLES, TO REVISE A FUEL PERMIT FEE, TO REVISE A CERTAIN UNLADEN WEIGHT PERMIT FEE, TO REVISE FEES RELATING TO SCR 124 - IDAHO SERVICEMEN CERTAIN PERMITS TO OPERATE CERTAIN VEHICLES IN EXCESS OF A REGISTERED WEIGHT AND TO SCR 124 was read the third time at length and placed before MAKE TECHNICAL CORRECTIONS; AMENDING the House for final consideration. SECTION 49-434, IDAHO CODE, TO REVISE FEES FOR COMMERCIAL VEHICLES, NONCOMMERCIAL At this time, the Speaker recognized Mr. Holtzclaw to open VEHICLES AND FARM VEHICLES HAVING A MAXIMUM debate. GROSS WEIGHT NOT IN EXCESS OF SIXTY THOUSAND The question being, "Shall SCR 124 be adopted?" POUNDS, TO REVISE REGISTRATION FEES FOR CERTAIN TRAILERS, TO REVISE AN ADMINISTRATIVE Roll call resulted as follows: FEE, TO REVISE FEES FOR COMMERCIAL VEHICLES AYES – Agidius, Anderson(01), Anderson(31), Anderst, AND FARM VEHICLES HAVING A GROSS WEIGHT Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, IN EXCESS OF SIXTY THOUSAND POUNDS WHERE Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, THE OWNER IS NOT REGISTERING THE VEHICLE Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, UNDER THE INTERNATIONAL REGISTRATION PLAN, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, TO REVISE A REGISTRATION FEE FOR CERTAIN Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, VEHICLES TRAVELING FEWER THAN TWO THOUSAND Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, FIVE HUNDRED MILES AND TO MAKE TECHNICAL Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, CORRECTIONS; AMENDING CHAPTER 4, TITLE 49, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, IDAHO CODE, BY THE ADDITION OF A NEW SECTION VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), 49-457, IDAHO CODE, TO ESTABLISH PROVISIONS Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. RELATING TO AN ELECTRIC VEHICLE FEE AND A NAYS – None. HYBRID VEHICLE FEE; AMENDING SECTION 49-1004, IDAHO CODE, TO REVISE FEES RELATING TO PERMITS Whereupon the Speaker declared SCR 124 adopted and FOR CERTAIN OVERWEIGHT OR OVERSIZE LOADS; ordered the resolution returned to the Senate. AND PROVIDING AN EFFECTIVE DATE. There being no objection, the House returned to the Seventh H 337, H 338, H 339, H 340, and H 341 were introduced, Order of Business. read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. S 1133, as amended, as amended in the House, by Judiciary Motions, Memorials, and Resolutions and Rules Committee, was introduced, read the first time by title, and filed for second reading. H 332 - APPROPRIATIONS - DEPARTMENT OF S 1187 and S 1188, by Finance Committee, were introduced, HEALTH AND WELFARE - MEDICAL ASSISTANCE read the first time by title, and filed for second reading. SERVICES DIVISION First Reading of Engrossed Bills Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 332 be suspended; that the H 142, as amended in the Senate, as amended in the Senate, portions of Section 15, Article 3 of the Constitution of the State by Health and Welfare Committee, was introduced, read the first of Idaho, requiring all bills to be read on three several days be time by title, and filed for second reading. dispensed with, this being a case of urgency; and that H 332 be Second Reading of Bills and Joint Resolutions read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final H 332, H 333, H 334, and H 335, by Appropriations consideration. Seconded by Mr. Rusche. Committee, were read the second time by title and filed for third reading. The question being, "Shall the rules be suspended?" 296 HOUSE JOURNAL March 27, 2013]

Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – None. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Whereupon the Speaker declared that more than two-thirds Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, of the membership having voted in the affirmative, the motion Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, carried, the rules were suspended, and H 333 was read the first Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, time by title, second time by title, and third time at length, section Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, by section, and placed before the House for final consideration. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), At this time, the Speaker recognized Mr. Eskridge to open Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. debate. NAYS – None. The question being, "Shall H 333 pass?" Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Roll call resulted as follows: carried, the rules were suspended, and H 332 was read the first AYES – Agidius, Anderson(01), Anderson(31), Anderst, time by title, second time by title, and third time at length, section Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, by section, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, At this time, the Speaker recognized Ms. Stevenson to open Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, debate. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 332 pass?" Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – None. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Whereupon the Speaker declared that H 333 passed the Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, House. Title was approved and the bill ordered transmitted to Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, the Senate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, H 334 - APPROPRIATIONS - DEPARTMENT OF Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, HEALTH AND WELFARE - PUBLIC HEALTH VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), SERVICES DIVISION Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 334 be suspended; that the Whereupon the Speaker declared that H 332 passed the portions of Section 15, Article 3 of the Constitution of the State House. Title was approved and the bill ordered transmitted to of Idaho, requiring all bills to be read on three several days be the Senate. dispensed with, this being a case of urgency; and that H 334 be read the first time by title, second time by title, and third time at H 333 - APPROPRIATIONS - DIVISION OF VETERANS length, section by section, and placed before the House for final SERVICES consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 333 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Agidius, Anderson(01), Anderson(31), Anderst, dispensed with, this being a case of urgency; and that H 333 be Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, read the first time by title, second time by title, and third time at Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, length, section by section, and placed before the House for final Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, consideration. Seconded by Mr. Rusche. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, The question being, "Shall the rules be suspended?" Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Roll call resulted as follows: Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, NAYS – None. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared that more than two-thirds Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, of the membership having voted in the affirmative, the motion Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, carried, the rules were suspended, and H 334 was read the first Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, time by title, second time by title, and third time at length, section Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, by section, and placed before the House for final consideration. [March 27, 2013 HOUSE JOURNAL 297

At this time, the Speaker recognized Ms. Stevenson to open Roll call resulted as follows: debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, The question being, "Shall H 334 pass?" Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Roll call resulted as follows: Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Chew, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Gannon, Gestrin, Gibbs, Hancey, Henderson, Hixon, Holtzclaw, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Meline, Miller, Morse, Packer, Pence, Perry, Raybould, Ringo, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, NAYS – None. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 55. NAYS – Barbieri, Clow, DeMordaunt, Harris, Hartgen, Whereupon the Speaker declared that H 335 passed the McMillan, Mendive, Monks, Moyle, Nielsen, Palmer, Patterson, House. Title was approved and the bill ordered transmitted to Shepherd, Sims, Wood(35). Total – 15. the Senate. Total – 70. S 1126 - LOTTERY Whereupon the Speaker declared that H 334 passed the House. Title was approved and the bill ordered transmitted to Mr. Moyle moved that all rules of the House interfering with the Senate. the immediate consideration of S 1126 be suspended; that 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 be dispensed with, this being a case of urgency; and that S 1126 be H 335 - APPROPRIATIONS - IDAHO STATE CAPITOL read the first time by title, second time by title, and third time at COMMISSION length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 335 be suspended; that the The question being, "Shall the rules be suspended?" portions of Section 15, Article 3 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 urgency; and that H 335 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Agidius, Anderson(01), Anderson(31), Anderst, length, section by section, and placed before the House for final Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, consideration. Seconded by Mr. Rusche. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, The question being, "Shall the rules be suspended?" Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Roll call resulted as follows: Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, NAYS – None. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that more than two-thirds Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, of the membership having voted in the affirmative, the motion Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, carried, the rules were suspended, and S 1126 was read the first VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), time by title, second time by title, and third time at length, section Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. by section, and placed before the House for final consideration. NAYS – None.

Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mrs. Packer to open of the membership having voted in the affirmative, the motion debate. carried, the rules were suspended, and H 335 was read the first time by title, second time by title, and third time at length, section The question being, "Shall S 1126 pass?" by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Bolz to open debate. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Mr. Bolz asked unanimous consent that, pursuant to Rule 22, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, discussion of other pending legislation be allowed in debate of Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, H 335. There being no objection it was so ordered. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall H 335 pass?" 298 HOUSE JOURNAL March 27, 2013]

Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, S 1135 - MEDICAL DISCIPLINE Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Mr. Moyle moved that all rules of the House interfering with Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. the immediate consideration of S 1135 be suspended; that the NAYS – None. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared that S 1126 passed the dispensed with, this being a case of urgency; and that S 1135 be House. Title was approved and the bill ordered returned to the read the first time by title, second time by title, and third time at Senate. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche.

S 1127 - BINGO AND RAFFLES The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with Roll call resulted as follows: the immediate consideration of S 1127 be suspended; that the AYES – Agidius, Anderson(01), Anderson(31), Anderst, portions of Section 15, Article 3 of the Constitution of the State Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, of Idaho, requiring all bills to be read on three several days be Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, dispensed with, this being a case of urgency; and that S 1127 be Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, read the first time by title, second time by title, and third time at Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, length, section by section, and placed before the House for final Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, consideration. Seconded by Mr. Rusche. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall the rules be suspended?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Whereupon the Speaker declared that more than two-thirds Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, of the membership having voted in the affirmative, the motion Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, carried, the rules were suspended, and S 1135 was read the first Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, time by title, second time by title, and third time at length, section Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, by section, and placed before the House for final consideration. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, At this time, the Speaker recognized Mr. Hancey to open Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, debate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. The question being, "Shall S 1135 pass?" NAYS – None. Roll call resulted as follows: Whereupon the Speaker declared that more than two-thirds AYES – Agidius, Anderson(01), Anderson(31), Anderst, of the membership having voted in the affirmative, the motion Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, carried, the rules were suspended, and S 1127 was read the first Collins, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, time by title, second time by title, and third time at length, section Gibbs, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, by section, and placed before the House for final consideration. King, Kloc, Loertscher, Malek, Meline, Miller, Morse, Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, At this time, the Speaker recognized Mr. Gannon to open Thompson, VanOrden, Vander Woude, Ward-Engelking, Wills, debate. Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 51. The question being, "Shall S 1127 pass?" NAYS – Barbieri, Barrett, Boyle, Crane, Denney, Gestrin, Harris, Holtzclaw, Luker, McMillan, Mendive, Monks, Moyle, Roll call resulted as follows: Nielsen, Patterson, Shepherd, Sims, Stevenson, Trujillo. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Total – 19. Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Total – 70. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Whereupon the Speaker declared that S 1135 passed the Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, House. Title was approved and the bill ordered returned to the King, Kloc, Loertscher, Malek, Meline, Miller, Monks, Senate. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, S 1145 - WORKER'S COMPENSATION Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – Barrett, Luker, McMillan, Mendive, Sims. Total – 5. Mr. Moyle moved that all rules of the House interfering with Total – 70. the immediate consideration of S 1145 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that S 1127 passed the of Idaho, requiring all bills to be read on three several days be House. Title was approved and the bill ordered returned to the dispensed with, this being a case of urgency; and that S 1145 be Senate. read the first time by title, second time by title, and third time at [March 27, 2013 HOUSE JOURNAL 299 length, section by section, and placed before the House for final Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, consideration. Seconded by Mr. Rusche. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, The question being, "Shall the rules be suspended?" Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Roll call resulted as follows: VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – None. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Whereupon the Speaker declared that more than two-thirds Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, of the membership having voted in the affirmative, the motion Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, carried, the rules were suspended, and S 1109, as amended, was Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, read the first time by title, second time by title, and third time at Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, length, section by section, and placed before the House for final Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, consideration. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. At this time, the Speaker recognized Mr. Nielsen to open NAYS – None. debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall S 1109, as amended, pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1145 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Agidius, Anderson(01), Anderson(31), Anderst, by section, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, At this time, the Speaker recognized Mr. Anderson(31) to Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, open debate. Harris, Hartgen, Henderson, Hixon, Horman, Kauffman, King, The question being, "Shall S 1145 pass?" Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Roll call resulted as follows: Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 69. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – None. Harris, Hartgen, Henderson, Hixon, Horman, Kauffman, King, Absent and excused – Holtzclaw. Total – 1. Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Total – 70. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Whereupon the Speaker declared that S 1109, as Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, amended, passed the House. Title was approved and the bill Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, ordered returned to the Senate. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. NAYS – None. S 1119 - INCOME WITHHOLDING - CHILD SUPPORT Absent and excused – Holtzclaw. Total – 1. Total – 70. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1119 be suspended; that the Whereupon the Speaker declared that S 1145 passed the portions of Section 15, Article 3 of the Constitution of the State House. Title was approved and the bill ordered returned to the of Idaho, requiring all bills to be read on three several days be Senate. dispensed with, this being a case of urgency; and that S 1119 be read the first time by title, second time by title, and third time at S 1109, as amended, - ANNUITY CONTRACTS length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering consideration. Seconded by Mr. Rusche. with the immediate consideration of S 1109, as amended, be suspended; that the portions of Section 15, Article 3 of the The question being, "Shall the rules be suspended?" Constitution of the State of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of Roll call resulted as follows: urgency; and that S 1109, as amended, be read the first time AYES – Agidius, Anderson(01), Anderson(31), Anderst, by title, second time by title, and third time at length, section Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, by section, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Seconded by Mr. Rusche. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, The question being, "Shall the rules be suspended?" Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Roll call resulted as follows: Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, NAYS – None. 300 HOUSE JOURNAL March 27, 2013]

Whereupon the Speaker declared that more than two-thirds Roll call resulted as follows: of the membership having voted in the affirmative, the motion AYES – Agidius, Anderson(01), Anderson(31), Anderst, carried, the rules were suspended, and S 1119 was read the first Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, time by title, second time by title, and third time at length, section Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, by section, and placed before the House for final consideration. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, At this time, the Speaker recognized Mrs. Trujillo to open Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, debate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall S 1119 pass?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – None. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Whereupon the Speaker declared that S 1136 passed the Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, House. Title was approved and the bill ordered returned to the Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Senate. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, S 1165 - ATTORNEY'S FEES Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Mr. Moyle moved that all rules of the House interfering with VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), the immediate consideration of S 1165 be suspended; that the Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. portions of Section 15, Article 3 of the Constitution of the State NAYS – None. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1165 be Whereupon the Speaker declared that S 1119 passed the read the first time by title, second time by title, and third time at House. Title was approved and the bill ordered returned to the length, section by section, and placed before the House for final Senate. consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" S 1136 - SYNTHETIC DRUG LISTING Roll call resulted as follows: Mr. Moyle moved that all rules of the House interfering with AYES – Agidius, Anderson(01), Anderson(31), Anderst, the immediate consideration of S 1136 be suspended; that the Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, portions of Section 15, Article 3 of the Constitution of the State Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, of Idaho, requiring all bills to be read on three several days be Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, dispensed with, this being a case of urgency; and that S 1136 be Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, read the first time by title, second time by title, and third time at Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, length, section by section, and placed before the House for final Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, consideration. Seconded by Mr. Rusche. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, The question being, "Shall the rules be suspended?" VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. NAYS – None. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Whereupon the Speaker declared that more than two-thirds Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, of the membership having voted in the affirmative, the motion Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, carried, the rules were suspended, and S 1165 was read the first Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, time by title, second time by title, and third time at length, section Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, by section, and placed before the House for final consideration. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, At this time, the Speaker recognized Mrs. Packer to open Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, debate. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, The question being, "Shall S 1165 pass?" VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Whereupon the Speaker declared that more than two-thirds Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, of the membership having voted in the affirmative, the motion Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, carried, the rules were suspended, and S 1136 was read the first Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, time by title, second time by title, and third time at length, section Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, by section, and placed before the House for final consideration. Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, At this time, the Speaker recognized Mr. Patterson to open Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, debate. Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), The question being, "Shall S 1136 pass?" Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. [March 27, 2013 HOUSE JOURNAL 301

NAYS – None. Report of Standing Committees Whereupon the Speaker declared that S 1165 passed the March 27, 2013 House. Title was approved and the bill ordered returned to the Mr. Speaker: Senate. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 34. WILLS, Chairman S 1155 - WATERMASTER COMPENSATION HCR 34 was filed for second reading. Mr. Moyle moved that all rules of the House interfering with March 27, 2013 the immediate consideration of S 1155 be suspended; that the Mr. Speaker: portions of Section 15, Article 3 of the Constitution of the State We, your COMMITTEE ON STATE AFFAIRS, report that of Idaho, requiring all bills to be read on three several days be we have had under consideration S 1134, as amended, and report dispensed with, this being a case of urgency; and that S 1155 be it back with amendments attached to be placed on General Orders read the first time by title, second time by title, and third time at for consideration. length, section by section, and placed before the House for final LOERTSCHER, Chairman consideration. Seconded by Mr. Rusche. S 1134, as amended, was placed on General Orders for The question being, "Shall the rules be suspended?" consideration. March 27, 2013 Roll call resulted as follows: Mr. Speaker: AYES – Agidius, Anderson(01), Anderson(31), Anderst, We, your COMMITTEE ON EDUCATION, report that we Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, have had under consideration S 1150 and recommend that it do Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, pass. Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, DEMORDAUNT, Chairman Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, S 1150 was filed for second reading. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Mr. Moyle asked unanimous consent that the House recess Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, until 3 p.m. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Without objection, the Speaker declared the House at recess Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 70. until 3 p.m. NAYS – None. RECESS Afternoon Session Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion The House reconvened at 3 p.m., the Speaker in the Chair. carried, the rules were suspended, and S 1155 was read the first time by title, second time by title, and third time at length, section Prior to recess, the House was at the Fifth Order of Business. by section, and placed before the House for final consideration. March 27, 2013 At this time, the Speaker recognized Mr. Raybould to open Mr. Speaker: debate. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled The question being, "Shall S 1155 pass?" H 73, as amended in the Senate, and H 217, as amended in the Senate, to the Governor at 10:38 a.m., as of this date, Roll call resulted as follows: March 27, 2013. AYES – Agidius, Anderson(01), Anderson(31), Anderst, WILLS, Chairman Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, March 27, 2013 Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Mr. Speaker: Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, We, your COMMITTEE ON STATE AFFAIRS, report that King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, we have had under consideration S 1191 and recommend that it Mendive, Miller, Monks, Morse, Nielsen, Packer, Palmer, do pass. Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, LOERTSCHER, Chairman Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, S 1191 was filed for second reading. Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood. Total – 65. March 27, 2013 NAYS – Burgoyne, Moyle, Ringo, Wood(27), Mr. Speaker. Mr. Speaker: Total – 5. We, your COMMITTEE ON COMMERCE AND HUMAN Total – 70. RESOURCES, report that we have had under consideration S 1158 and recommend that it do pass. Whereupon the Speaker declared that S 1155 passed the HARTGEN, Chairman House. Title was approved and the bill ordered returned to the Senate. S 1158 was filed for second reading. There being no objection, the House returned to the Fifth There being no objection, the House returned to the Fourth Order of Business. Order of Business. 302 HOUSE JOURNAL March 27, 2013]

Consideration of Messages from the of any of the provisions of this chapter within ten (10) years of Governor and the Senate the first conviction, shall be punished for each offense, by a jail sentence of not more than nine (9) months or a fine of not less March 27, 2013 than two hundred dollars ($200) or more than seven thousand Mr. Speaker: dollars ($7,000) or both fine and imprisonment. I return herewith enrolled HCR 23, HCR 17, HCR 27, (3) (a) Except as otherwise provided in section 25-3503 HCR 29, H 192, H 223, H 147, H 148, H 149, H 121, H 183, or 25-3506, Idaho Code, any person convicted of a third or and H 193, as amended, which have been signed by the President. subsequent violation of any of the provisions of this chapter, NOVAK, Secretary except certain violations of section 25-3504, Idaho Code, as provided in paragraphs (b) and (c) of this subsection, within Enrolled HCR 23, HCR 17, HCR 27, and HCR 29 were fifteen (15) years of the first conviction, shall be guilty referred to the Judiciary, Rules, and Administration Committee of a misdemeanor and punished for each offense by a jail for delivery to the Secretary of State. sentence of not more than twelve (12) months or a fine of Enrolled H 192, H 223, H 147, H 148, H 149, H 121, H 183, not less than five hundred dollars ($500) or more than nine and H 193, as amended, were referred to the Judiciary, Rules, and thousand dollars ($9,000) or by both fine and imprisonment. Administration Committee for delivery to the Governor. (b) Except as provided in section 25-3503, Idaho Code, any person convicted of a third or subsequent violation who There being no objection, the House advanced to the Twelfth previously has been found guilty of or has pled guilty to Order of Business. two (2) violations of section 25-3504, Idaho Code, provided the violations were for conduct as defined by section 25-3502(5)(a), Idaho Code, within fifteen (15) years of the Consideration of General Orders first conviction, shall be guilty of a felony and punished for each offense by a jail sentence of not more than twelve Mr. Moyle moved that the House do now resolve itself into a (12) months or a fine of not less than five hundred dollars Committee of the Whole House for the consideration of General ($500) or not more than nine thousand dollars ($9,000) or by Orders. Seconded by Mr. Rusche. Motion carried. both fine and imprisonment. All other violations of section 25-3504, Idaho Code, for conduct as defined by any other Whereupon the House resolved itself into a Committee of paragraphs, other than paragraph (a) of section 25-3502(5) the Whole House for the consideration of General Orders with or subsection (2) of section 25-3504, Idaho Code, shall Mr. Crane in the Chair. constitute misdemeanors and shall be punishable as provided in paragraph (a) of this subsection. (c) Any person convicted of a second violation of section When the Committee of the Whole House rose, 25-3504(2), Idaho Code, shall be guilty of a felony and the Speaker returned to the Chair and the House was in order. punished pursuant to subsection (2) of this section. Any person convicted of a third or subsequent violation of section 25-3504(2), Idaho Code, within fifteen (15) years of the first Report of the Committee of the Whole House violation of section 25-3504(2), Idaho Code, shall be guilty of a felony and punished by a jail sentence of not more than March 27, 2013 twelve (12) months or by a fine of not less than five hundred Mr. Speaker: dollars ($500) or more than nine thousand dollars ($9,000), We, your COMMITTEE OF THE WHOLE HOUSE, report or by both such fine and imprisonment. that we have had under consideration H 111 and S 1134, as (d) Each prior conviction or guilty plea shall constitute amended, and report them back without recommendation, one (1) violation of this chapter regardless of the number of amended as follows: counts involved in the conviction or guilty plea. Practices described in section 25-3514, Idaho Code, are not animal cruelty. HOUSE AMENDMENT TO H.B. NO. 111 (4) If a person pleads guilty or is found guilty of an offense AMENDMENT TO SECTION 2 under this chapter, the court may issue an order terminating the On page 2 of the printed bill, in line 41, delete "or second"; person's right to possession, title, custody or care of an animal also in line 41, delete "third" and insert: "second". that was involved in the offense or that was owned or possessed at the time of the offense. If a person's right to possession, title, AMENDMENT TO THE BILL custody or care of an animal is terminated, the court may award On page 3, following line 2, insert: the animal to a humane society or other organization that has as "SECTION 3. That Section 25-3520A, Idaho Code, be, and its principal purpose the humane treatment of animals, or may the same is hereby amended to read as follows: award the animal to a law enforcement agency or animal care and control agency. The court's award of custody or care of an 25-3520A. PENALTY FOR VIOLATIONS – animal will grant to the organization or agency the authority TERMINATION OF RIGHTS. (1) Except as otherwise provided to determine custody, adoption, sale or other disposition of the in section 25-3503 or 25-3506, Idaho Code, any person convicted animal thereafter.". for a first violation of any of the provisions of this chapter shall CORRECTION TO TITLE be punished, for each offense, by a jail sentence of not more On page 1, in line 3, following "TERM;" delete "AND"; and than six (6) months or by a fine of not less than one hundred in line 6, following "TORTURE" insert: "; AND AMENDING dollars ($100) or more than five thousand dollars ($5,000), or by SECTION 25-3520A, IDAHO CODE, TO ESTABLISH both such fine and imprisonment. PROVISIONS RELATING TO PENALTIES FOR CERTAIN (2) Except as otherwise provided in section 25-3503 or VIOLATIONS". 25-3506, Idaho Code, any person convicted of a second violation [March 27, 2013 HOUSE JOURNAL 303

HOUSE AMENDMENT TO S.B. NO. 1134, As Amended Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, AMENDMENT TO SECTION 1 Palmer, Patterson, Perry, Raybould, Romrell, Rusche, Shepherd, On page 1 of the engrossed bill, delete lines 24 through 28, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, and insert: Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, "(ii) An unmanned aircraft system used in mapping or Mr. Speaker. Total – 58. resource management. NAYS – None. (2) (a) Absent a warrant, and except for emergency Absent and excused – Bateman, Bolz, Burgoyne, Crane, response for safety, search and rescue, no person, entity Hartgen, Horman, Malek, Meline, Pence, Ringo, Trujillo, Wills. or state agency shall use an unmanned aircraft system Total – 12. to intentionally conduct surveillance of, gather evidence Total – 70. or collect information about, or photographically or electronically record specifically targeted persons or private Whereupon the Speaker declared SCR 120 adopted and property including, but not limited to:"; ordered the resolution returned to the Senate. also on page 1, delete lines 33 through 39, and insert: "other agricultural industry. SCR 114 - STATE POLICE - RULES REJECTED (b) No"; and in line 41, following "photograph" insert: "or otherwise SCR 114 was read the third time at length and placed before record". the House for final consideration. On page 2, in line 2, following "photograph" insert: "or recording"; delete lines 3 through 8, and insert: At this time, the Speaker recognized Ms. Sims to open "(3) Any person who is the subject of prohibited conduct debate. under subsection (2) of this section shall:"; delete lines 10 through 12, and insert: "agency for such prohibited The question being, "Shall SCR 114 be adopted?" conduct; and"; and delete line 14, and insert: "damages in the amount of the greater of one thousand dollars ($1,000) or actual Roll call resulted as follows: and general damages, plus". AYES – Agidius, Anderson(01), Anderson(31), Anderst, CRANE, Chairman Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, Mr. Crane moved that the report be adopted. Seconded by Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Mr. Rusche. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Mendive, Miller, Whereupon the Speaker declared the report adopted. Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, H 111, as amended, was referred to the Judiciary, Rules, and Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Administration Committee for engrossing. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), S 1134, as amended, as amended in the House, was filed for Woodings, Youngblood, Mr. Speaker. Total – 67. first reading. NAYS – None. Absent and excused – Crane, Malek, Meline. Total – 3. The amendments were referred to Judiciary, Rules, and Total – 70. Administration committee for printing. Whereupon the Speaker declared SCR 114 adopted and There being no objection, the House returned to the Eleventh ordered the resolution returned to the Senate. Order of Business. Third Reading of Bills and Joint Resolutions SCR 115 - STATE POLICE - RULE REJECTED Mr. Moyle asked unanimous consent that S 1179 retain its SCR 115 was read the third time at length and placed before place on the Third Reading Calendar for one legislative day. the House for final consideration. There being no objection, it was so ordered. At this time, the Speaker recognized Mr. Bolz to open debate. Mr. Moyle asked unanimous consent that SCR 103 retain its place on the Third Reading Calendar for one legislative day. The question being, "Shall SCR 115 be adopted?" There being no objection, it was so ordered. Roll call resulted as follows: SCR 120 - BOISE SCHOOL DISTRICT - READ RIGHT AYES – Agidius, Anderson(01), Anderson(31), Anderst, AWARD Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Denney, SCR 120 was read the third time at length and placed before Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, the House for final consideration. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, At this time, the Speaker recognized Mr. Kloc to open debate. King, Kloc, Loertscher, Luker, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, The question being, "Shall SCR 120 be adopted?" Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Roll call resulted as follows: Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Woodings, Youngblood, Mr. Speaker. Total – 67. Andrus, Barbieri, Barrett, Batt, Bell, Boyle, Chew, Clow, NAYS – None. Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Absent and excused – Crane, Malek, Meline. Total – 3. Gannon, Gestrin, Gibbs, Hancey, Harris, Henderson, Hixon, Total – 70. 304 HOUSE JOURNAL March 27, 2013]

Whereupon the Speaker declared SCR 115 adopted and SCR 117 - PUBLIC UTILITIES COMMISSION - RULE ordered the resolution returned to the Senate. REJECTED SCR 117 was read the third time at length and placed before Mr. Moyle asked unanimous consent that S 1179 be placed at the House for final consideration. the top of the Third Reading Calendar. There being no objection, it was so ordered. At this time, the Speaker recognized Mr. Gannon to open debate.

S 1179 - TRANSPORTATION BOARD The question being, "Shall SCR 117 be adopted?" S 1179 was read the third time at length, section by section, Whereupon the Speaker declared SCR 117 adopted by voice and placed before the House for final consideration. vote and ordered the resolution returned to the Senate. At this time, the Speaker recognized Mr. Wills to open SCR 118 - ADMINISTRATION DEPARTMENT - RULES debate. REJECTED The question being, "Shall S 1179 pass?" SCR 118 was read the third time at length and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Luker to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall SCR 118 be adopted?" Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Whereupon the Speaker declared SCR 118 adopted by voice Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, vote and ordered the resolution returned to the Senate. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, SCR 119 - DEPARTMENT OF ADMINISTRATION - Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, RULES REJECTED VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. SCR 119 was read the third time at length and placed before NAYS – None. the House for final consideration. Absent and excused – Vander Woude. Total – 1. Total – 70. At this time, the Speaker recognized Mr. Monks to open debate. Whereupon the Speaker declared that S 1179 passed the House. Title was approved and the bill ordered returned to the The question being, "Shall SCR 119 be adopted?" Senate. Whereupon the Speaker declared SCR 119 adopted by voice vote and ordered the resolution returned to the Senate. SCR 112 - MARIJUANA USE SCR 112 was read the third time at length and placed before SCR 125 - FEE RULES the House for final consideration. SCR 125 was read the third time at length and placed before At this time, the Speaker recognized Mr. Monks to open the House for final consideration. debate. At this time, the Speaker recognized Ms. Smith to open The question being, "Shall SCR 112 be adopted?" debate.

Roll call resulted as follows: The question being, "Shall SCR 125 be adopted?" AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Roll call resulted as follows: Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, Chew, Collins, Dayley, DeMordaunt, Denney, Erpelding, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Eskridge, Gannon, Gibbs, Harris, Hartgen, Henderson, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Meline, Miller, Monks, Morse, Nielsen, Packer, Palmer, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 63. Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, NAYS – Burgoyne, Chew, Erpelding, Gannon, Kloc, Ringo, Vander Woude, Ward-Engelking, Wood(27), Woodings, Woodings. Total – 7. Youngblood, Mr. Speaker. Total – 57. Total – 70. NAYS – Barbieri, Clow, Crane, Gestrin, Hancey, Hixon, McMillan, Mendive, Moyle, Patterson, Wood(35). Total – 11. Whereupon the Speaker declared SCR 112 adopted and Absent and excused – Loertscher, Wills. Total – 2. ordered the resolution returned to the Senate. Total – 70. [March 27, 2013 HOUSE JOURNAL 305

Whereupon the Speaker declared SCR 125 adopted and The question being, "Shall SCR 127 be adopted?" ordered the resolution returned to the Senate. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, SCR 126 - TEMPORARY RULES Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, SCR 126 was read the third time at length and placed before Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, the House for final consideration. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, At this time, the Speaker recognized Mr. Monks to open Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, debate. Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall SCR 126 be adopted?" Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Roll call resulted as follows: Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 69. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – None. Andrus, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Absent and excused – Denney. Total – 1. Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Total – 70. Gannon, Gestrin, Gibbs, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, Meline, Mendive, Whereupon the Speaker declared SCR 127 adopted and Miller, Monks, Morse, Nielsen, Packer, Patterson, Pence, Perry, ordered the resolution returned to the Senate. Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, There being no objection, the House advanced to the Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Sixteenth Order of Business. Ward-Engelking, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 60. Adjournment NAYS – Barbieri, Boyle, Hancey, McMillan, Moyle, Palmer. Total – 6. Mr. Moyle moved that the House adjourn until 10 a.m., Absent and excused – Denney, Harris, Loertscher, Wills. Thursday, March 28, 2013. Seconded by Mr. Rusche. Motion Total – 4. carried. Total – 70. Whereupon the Speaker declared the House adjourned at Whereupon the Speaker declared SCR 126 adopted and 4:11 p.m. ordered the resolution returned to the Senate. SCOTT BEDKE, Speaker

SCR 121 - OCCUPATIONAL LICENSES BUREAU - RULE ATTEST: REJECTED BONNIE ALEXANDER, Chief Clerk SCR 121 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kauffman to open debate. The question being, "Shall SCR 121 be adopted?" Whereupon the Speaker declared SCR 121 adopted by voice vote and ordered the resolution returned to the Senate.

SCR 122 - OCCUPATIONAL LICENSES BUREAU - RULES REJECTED SCR 122 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Kauffman to open debate. The question being, "Shall SCR 122 be adopted?" Whereupon the Speaker declared SCR 122 adopted by voice vote and ordered the resolution returned to the Senate.

SCR 127 - ENERGY, ENVIRONMENT AND TECHNOLOGY ISSUES SCR 127 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Eskridge to open debate. 306 HOUSE JOURNAL March 28, 2013]

HOUSE JOURNAL March 27, 2013 Mr. Speaker: OF THE I return herewith H 323 and H 176 which have failed to pass the Senate. IDAHO LEGISLATURE NOVAK, Secretary H 323 and H 176 were ordered filed in the office of the Chief FIRST REGULAR SESSION Clerk. SIXTY-SECOND LEGISLATURE Report of Standing Committees March 28, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND EIGHTY-FIRST LEGISLATIVE DAY ADMINISTRATION, report that we have printed House THURSDAY, MARCH 28, 2013 amendments to H 111 and S 1134, as amended. WILLS, Chairman House of Representatives March 28, 2013 The House convened at 10 a.m., the Speaker in the Chair. Mr. Speaker: Roll call showed all 70 members present. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 35, Prayer was offered by Chaplain Tom Dougherty. H 337, H 338, H 339, H 340, and H 341. WILLS, Chairman The Pledge of Allegiance was led by Christina Nelson, Page. HCR 35 was referred to the Health and Welfare Committee. Approval of Journal March 28, 2013 H 337, H 338, H 339, H 340, and H 341 were referred to Mr. Speaker: the Transportation and Defense Committee. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the March 28, 2013 House Journal of the Eightieth Legislative Day and recommend Mr. Speaker: that same be adopted as corrected. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have enrolled HCR 25, Mr. Wills moved that the report be adopted. Seconded by HCR 30, H 239, H 30, as amended, H 125, H 171, as amended, Mr. Burgoyne. Report adopted. H 261, H 138, H 242, H 124, H 243, H 226, H 283, H 284, H 285, H 293, H 296, H 297, H 298, H 299, H 300, H 301, Consideration of Messages from the H 302, H 303, H 304, H 305, H 306, H 310, H 205, H 91, as Governor and the Senate amended, H 196, H 197, H 232, H 80, and H 315. WILLS, Chairman March 27, 2013 Mr. Speaker: I transmit herewith enrolled S 1146, S 1060, S 1079, S 1123, The Speaker announced he was about to sign enrolled and S 1151 for the signature of the Speaker. HCR 25, HCR 30, H 239, H 30, as amended, H 125, H 171, as NOVAK, Secretary amended, H 261, H 138, H 242, H 124, H 243, H 226, H 283, H 284, H 285, H 293, H 296, H 297, H 298, H 299, H 300, The Speaker announced he was about to sign enrolled S 1146, H 301, H 302, H 303, H 304, H 305, H 306, H 310, H 205, S 1060, S 1079, S 1123, and S 1151 and, when so signed, ordered H 91, as amended, H 196, H 197, H 232, H 80, and H 315 and, them returned to the Senate. when so signed, ordered them transmitted to the Senate for the March 27, 2013 signature of the President. Mr. Speaker: March 28, 2013 I transmit herewith S 1190 which has passed the Senate. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND S 1190 was filed for first reading. ADMINISTRATION, report that we have engrossed H 111, as amended. March 27, 2013 WILLS, Chairman Mr. Speaker: I return herewith HCR 32, HCR 26, H 275, H 291, H 311, H 111, as amended, was filed for first reading of engrossed H 312, H 313, H 202, H 215, H 222, H 257, H 258, H 295, bills. H 318, H 271, H 278, and H 90, as amended, which have passed the Senate. March 28, 2013 NOVAK, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HCR 32, HCR 26, H 275, H 291, H 311, H 312, H 313, ADMINISTRATION, report that we have transmitted enrolled H 202, H 215, H 222, H 257, H 258, H 295, H 318, H 271, HCR 23, HCR 17, HCR 27, and HCR 29 to the Secretary of H 278, and H 90, as amended, were referred to the Judiciary, State at 3:31 p.m., as of this date, March 27, 2013. Rules, and Administration Committee for enrolling. WILLS, Chairman [March 28, 2013 HOUSE JOURNAL 307

March 28, 2013 RESOLUTION SHALL BE NULL, VOID AND OF NO FORCE Mr. Speaker: AND EFFECT; AUTHORIZING AGENCIES TO AMEND We, your COMMITTEE ON JUDICIARY, RULES, AND OR REPEAL CERTAIN RULES PURSUANT TO THE ADMINISTRATION, report that we have transmitted enrolled ADMINISTRATIVE PROCEDURE ACT AND DECLARING H 192, H 223, H 147, H 148, H 149, H 121, H 183, and THE EFFECT OF THIS ACT UPON ADMINISTRATIVE H 193, as amended, to the Governor at 3:16 p.m., as of this date, RULES; AND PROVIDING SEVERABILITY. March 27, 2013. WILLS, Chairman HOUSE BILL NO. 344 BY WAYS AND MEANS COMMITTEE March 27, 2013 AN ACT Mr. Speaker: RELATING TO SUSPENSION OF JUDGMENT AND We, your COMMITTEE ON JUDICIARY, RULES, SENTENCE; AMENDING SECTION 19-2604, IDAHO AND ADMINISTRATION, report that we have had under CODE, TO ESTABLISH PROVISIONS RELATING TO THE consideration S 1189, SCR 128, SCR 129, and SCR 131 and SEALING AND EXPUNGEMENT OF CERTAIN RECORDS. recommend that they do pass. WILLS, Chairman H 342, H 343, and H 344 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration S 1189, SCR 128, SCR 129, and SCR 131 were filed for Committee for printing. second reading. S 1134, as amended, as amended in the House, by State There being no objection, the House advanced to the Eighth Affairs Committee, was introduced, read the first time by title, Order of Business. and filed for second reading. Introduction, First Reading, and Reference S 1190, by Finance Committee, was introduced, read the first of Bills and Joint Resolutions time by title, and filed for second reading.

HOUSE BILL NO. 342 First Reading of Engrossed Bills BY STATE AFFAIRS COMMITTEE H 111, as amended, by Agricultural Affairs Committee, AN ACT was introduced, read the first time by title, and filed for second RELATING TO SPECIE LEGAL TENDER; PROVIDING reading. LEGISLATIVE INTENT; AMENDING TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 46, TITLE 63, IDAHO CODE, TO PROVIDE A SHORT TITLE, Second Reading of Bills and Joint Resolutions TO DEFINE A TERM, TO PROVIDE THAT SPECIE LEGAL TENDER IS LEGAL TENDER AND TO PROVIDE OTHER HP 1, H 336, and HCR 34, by Ways and Means Committee, PROVISIONS REGARDING SPECIE LEGAL TENDER, were read the second time by title and filed for third reading. TO PROVIDE SALES AND INCOME TAX TREATMENT S 1133, as amended, as amended in the House, by Judiciary OF SPECIE LEGAL TENDER, TO PROVIDE DUTIES and Rules Committee, was read the second time by title and filed OF THE ATTORNEY GENERAL AND TO PROVIDE for third reading. SEVERABILITY; AMENDING SECTION 63-3022H, IDAHO CODE, TO PROVIDE THAT ANY CAPITAL GAINS ON THE S 1187 and S 1188, by Finance Committee, were read the SALE OR EXCHANGE OF SPECIE LEGAL TENDER FOR second time by title and filed for third reading. ANOTHER FORM OF SPECIE LEGAL TENDER SHALL NOT BE INCLUDED IN TAXABLE INCOME; AMENDING H 142, as amended in the Senate, as amended in the Senate, SECTION 63-3613, IDAHO CODE, TO REVISE THE by Health and Welfare Committee, was read the second time by DEFINITION OF SALES PRICE FOR PURCHASES PAID title and filed for third reading. WITH SPECIE LEGAL TENDER; AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A S 1150, S 1191, and S 1158, by State Affairs Committee, NEW SECTION 63-3622XX, IDAHO CODE, TO PROVIDE A were read the second time by title and filed for third reading. SALES AND USE TAX EXEMPTION FOR CERTAIN SPECIE At this time, the Speaker put the House at ease for the House LEGAL TENDER TRANSACTIONS; DECLARING AN Page program. EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING EFFECTIVE DATES. Third Reading of Bills and Joint Resolutions HOUSE BILL NO. 343 BY WAYS AND MEANS COMMITTEE Mr. Moyle asked unanimous consent that SCR 103 retain AN ACT its place on the Third Reading Calendar for one legislative day. RELATING TO ADMINISTRATIVE RULES; There being no objection, it was so ordered. CONTINUING CERTAIN RULES IN FULL FORCE AND Mr. Moyle asked unanimous consent that S 1157 retain its EFFECT UNTIL JULY 1, 2014; CONTINUING RULES place on the Third Reading Calendar for one legislative day. APPROVED OR EXTENDED BY ADOPTION OF A There being no objection, it was so ordered. CONCURRENT RESOLUTION OF THE FIRST REGULAR SESSION OF THE SIXTY-SECOND IDAHO LEGISLATURE S 1156 - IRRIGATION DISTRICTS IN FULL FORCE AND EFFECT UNTIL JULY 1, 2014, OR UNTIL SUCH TIME AS THEY SHALL EXPIRE; S 1156 was read the third time at length, section by section, PROVIDING THAT RULES REJECTED BY CONCURRENT and placed before the House for final consideration. 308 HOUSE JOURNAL March 28, 2013]

At this time, the Speaker recognized Ms. Pence to open Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, debate. Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, The question being, "Shall S 1156 pass?" Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Roll call resulted as follows: Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Total – 57. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, NAYS – Burgoyne, Chew, Erpelding, Gannon, King, Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Woodings. Total – 13. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Total – 70. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Whereupon the Speaker declared that S 1149 passed the Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, House. Title was approved and the bill ordered returned to the Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, Senate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 67. S 1172 - APPROPRIATIONS - LAVA HOT SPRINGS NAYS – None. Absent and excused – Chew, Denney, Wood(35). Total – 3. S 1172 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared that S 1156 passed the At this time, the Speaker recognized Mr. Gibbs to open House. Title was approved and the bill ordered returned to the debate. Senate. The question being, "Shall S 1172 pass?" S 1147, as amended - EDUCATION Roll call resulted as follows: S 1147, as amended, was read the third time at length, section AYES – Anderson(01), Anderson(31), Anderst, Andrus, by section, and placed before the House for final consideration. Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, At this time, the Speaker recognized Mrs. VanOrden to open Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, debate. Kauffman, King, Loertscher, Luker, Malek, Meline, Mendive, The question being, "Shall S 1147, as amended, pass?" Miller, Monks, Moyle, Nielsen, Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Roll call resulted as follows: Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Youngblood, Mr. Speaker. Total – 59. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, NAYS – Agidius, Barbieri, Burgoyne, DeMordaunt, Harris, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Kloc, McMillan, Morse, Patterson, Sims. Total – 10. Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, Absent and excused – Barrett. Total – 1. McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Total – 70. Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Whereupon the Speaker declared that S 1172 passed the Sims, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, House. Title was approved and the bill ordered returned to the Wills, Wood(27), Youngblood, Mr. Speaker. Total – 56. Senate. NAYS – Burgoyne, Chew, Erpelding, Gannon, King, Kloc, Meline, Pence, Ringo, Rusche, Smith, Ward-Engelking, S 1173 - APPROPRIATIONS - PARKS AND RECREATION Woodings. Total – 13. DEPARTMENT Absent and excused – Wood(35). Total – 1. Total – 70. S 1173 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1147, as amended, passed the House. Title was approved and the bill At this time, the Speaker recognized Mr. Eskridge to open ordered returned to the Senate. debate. S 1149 - EDUCATION - EMPLOYEE NEGOTIATIONS The question being, "Shall S 1173 pass?"

S 1149 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Gestrin to open Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, debate. Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, The question being, "Shall S 1149 pass?" Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, Monks, Moyle, Packer, Roll call resulted as follows: Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Woodings, Youngblood, Mr. Speaker. Total – 60. [March 28, 2013 HOUSE JOURNAL 309

NAYS – Barbieri, Barrett, Boyle, Gestrin, McMillan, Mr. Moyle asked unanimous consent that the House recess Mendive, Morse, Nielsen, Patterson, Sims. Total – 10. until 3 p.m. Total – 70. Without objection, the Speaker declared the House at recess Whereupon the Speaker declared that S 1173 passed the until 3 p.m. House. Title was approved and the bill ordered returned to the RECESS Senate. Afternoon Session

S 1174 - APPROPRIATIONS - DEPARTMENT OF The House reconvened at 3 p.m., the Speaker in the Chair. COMMERCE Prior to recess, the House was at the Eleventh Order of S 1174 was read the third time at length, section by section, Business. and placed before the House for final consideration. Mr. Moyle asked unanimous consent that S 1183 retain its At this time, the Speaker recognized Mr. Thompson to open place on the Third Reading Calendar for one legislative day. debate. There being no objection, it was so ordered. The question being, "Shall S 1174 pass?" S 1176 - APPROPRIATIONS - CATASTROPHIC HEALTH CARE PROGRAM Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, S 1176 was read the third time at length, section by section, Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, and placed before the House for final consideration. Chew, Clow, Collins, Crane, Dayley, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, At this time, the Speaker recognized Mr. Gibbs to open Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, debate. Malek, Meline, Mendive, Miller, Monks, Morse, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, The question being, "Shall S 1176 pass?" Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, Roll call resulted as follows: Youngblood, Mr. Speaker. Total – 61. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Barrett, Harris, Luker, McMillan, Sims. Total – 5. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Absent and excused – DeMordaunt, Moyle, Shepherd, Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Wood(27). Total – 4. Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Total – 70. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Morse, Moyle, Whereupon the Speaker declared that S 1174 passed the Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, House. Title was approved and the bill ordered returned to the Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, Senate. VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 63. S 1175 - APPROPRIATIONS - STATE TAX COMMISSION NAYS – Barbieri, Barrett, Harris, McMillan, Shepherd, Sims. Total – 6. S 1175 was read the third time at length, section by section, Absent and excused – Denney. Total – 1. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Bolz to open debate. Whereupon the Speaker declared that S 1176 passed the Pursuant to Rule 38(3), Mr. Morse disclosed a conflict of House. Title was approved and the bill ordered returned to the interest regarding S 1175. Senate.

The question being, "Shall S 1175 pass?" S 1177 - APPROPRIATIONS - SUPERINTENDENT OF PUBLIC INSTRUCTION Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Andrus, S 1177 was read the third time at length, section by section, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Crane, and placed before the House for final consideration. DeMordaunt, Erpelding, Eskridge, Gannon, Gibbs, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, At this time, the Speaker recognized Mr. Thompson to open Kloc, Meline, Miller, Monks, Morse, Moyle, Palmer, Pence, debate. Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, The question being, "Shall S 1177 pass?" Ward-Engelking, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 50. Roll call resulted as follows: NAYS – Agidius, Barbieri, Barrett, Bateman, Boyle, Dayley, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Denney, Gestrin, Hancey, Harris, Loertscher, Luker, McMillan, Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Mendive, Nielsen, Packer, Patterson, Sims, Wood(35). Total – 19. Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Absent and excused – Malek. Total – 1. Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Total – 70. Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Whereupon the Speaker declared that S 1175 passed the Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, House. Title was approved and the bill ordered returned to the Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Senate. Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, 310 HOUSE JOURNAL March 28, 2013]

Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Whereupon the Speaker declared that S 1180 passed the Total – 64. House. Title was approved and the bill ordered returned to the NAYS – Barbieri, Barrett, McMillan, Sims. Total – 4. Senate. Absent and excused – Denney, Malek. Total – 2. Total – 70. S 1181 - APPROPRIATION - MILLENNIUM FUND Whereupon the Speaker declared that S 1177 passed the S 1181 was read the third time at length, section by section, House. Title was approved and the bill ordered returned to the and placed before the House for final consideration. Senate. At this time, the Speaker recognized Ms. King to open debate. S 1178 - APPROPRIATIONS - STATE TREASURER The question being, "Shall S 1181 pass?" S 1178 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Youngblood to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, The question being, "Shall S 1178 pass?" Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Roll call resulted as follows: Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, NAYS – None. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Denney, Erpelding, Malek, Ringo, King, Kloc, Loertscher, Luker, McMillan, Meline, Mendive, Ward-Engelking. Total – 5. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Total – 70. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Whereupon the Speaker declared that S 1181 passed the Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), House. Title was approved and the bill ordered returned to the Woodings, Youngblood, Mr. Speaker. Total – 68. Senate. NAYS – None. Absent and excused – Denney, Malek. Total – 2. S 1182 - APPROPRIATIONS - CORRECTION Total – 70. DEPARTMENT S 1182 was read the third time at length, section by section, Whereupon the Speaker declared that S 1178 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Bolz to open debate. The question being, "Shall S 1182 pass?" S 1180 - APPROPRIATIONS - EDUCATION BOARD, SPECIAL PROGRAMS Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, S 1180 was read the third time at length, section by section, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, and placed before the House for final consideration. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, At this time, the Speaker recognized Mr. Miller to open Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, debate. Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, The question being, "Shall S 1180 pass?" Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Smith, Stevenson, Roll call resulted as follows: Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), AYES – Agidius, Anderson(01), Anderson(31), Anderst, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 64. Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, NAYS – Sims. Total – 1. Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Absent and excused – Denney, Erpelding, Malek, Ringo, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, Ward-Engelking. Total – 5. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Total – 70. Luker, Meline, Miller, Monks, Morse, Moyle, Packer, Palmer, Whereupon the Speaker declared that S 1182 passed the Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, House. Title was approved and the bill ordered returned to the Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Senate. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 61. S 1186 - APPROPRIATIONS - COLLEGE AND NAYS – Barbieri, Barrett, Harris, McMillan, Mendive, UNIVERSITIES Nielsen, Sims. Total – 7. Absent and excused – Denney, Malek. Total – 2. S 1186 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. [March 28, 2013 HOUSE JOURNAL 311

At this time, the Speaker recognized Mr. Thompson to open portions of Section 15, Article 3 of the Constitution of the State debate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1187 be The question being, "Shall S 1186 pass?" read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Roll call resulted as follows: consideration. Seconded by Mr. Rusche. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barrett, Bateman, Bell, Bolz, Boyle, Burgoyne, The question being, "Shall the rules be suspended?" Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Henderson, Holtzclaw, Roll call resulted as follows: Horman, Kauffman, King, Kloc, Loertscher, Luker, Meline, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Vander Woude, Wills, Wood(27), Woodings, Youngblood, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Mr. Speaker. Total – 58. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, NAYS – Barbieri, Batt, Hixon, McMillan, Sims, Wood(35). Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Total – 6. Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Absent and excused – Denney, Erpelding, Hartgen, Malek, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Ringo, Ward-Engelking. Total – 6. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Total – 70. NAYS – None. Absent and excused – Denney, Erpelding, Horman, Ringo, Whereupon the Speaker declared that S 1186 passed the Ward-Engelking. Total – 5. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared that more than two-thirds S 1157 - IRRIGATION DISTRICTS of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1187 was read the first S 1157 was read the third time at length, section by section, time by title, second time by title, and third time at length, section and placed before the House for final consideration. by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Wood(35) to open At this time, the Speaker recognized Mr. Youngblood to open debate. debate. The question being, "Shall S 1157 pass?" The question being, "Shall S 1187 pass?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Andrus, Bateman, Batt, Bell, Bolz, Boyle, Chew, Clow, Collins, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Hancey, Hartgen, Henderson, Hixon, Kauffman, King, Kloc, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Malek, Meline, Miller, Monks, Nielsen, Packer, Loertscher, Luker, McMillan, Meline, Mendive, Miller, Monks, Palmer, Patterson, Pence, Perry, Raybould, Rusche, Shepherd, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Smith, Stevenson, VanOrden, Vander Woude, Wills, Wood(27), Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Woodings, Youngblood, Mr. Speaker. Total – 50. Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), NAYS – Barbieri, Barrett, Burgoyne, Harris, Holtzclaw, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Luker, McMillan, Mendive, Morse, Moyle, Romrell, Sims, NAYS – None. Trujillo, Wood(35). Total – 14. Absent and excused – Denney, Erpelding, Malek, Ringo, Absent and excused – Denney, Erpelding, Horman, Ringo, Ward-Engelking. Total – 5. Thompson, Ward-Engelking. Total – 6. Total – 70. Total – 70. Whereupon the Speaker declared that S 1157 passed the Whereupon the Speaker declared that S 1187 passed the House. Title was approved and the bill ordered returned to the House. Title was approved and the bill ordered returned to the Senate. Senate. There being no objection, the House returned to the Seventh Order of Business. S 1188 - APPROPRIATIONS - COMMUNITY COLLEGES Motions, Memorials, and Resolutions Mr. Moyle moved that all rules of the House interfering with Mrs. Batt asked unanimous consent that S 1134, as amended, the immediate consideration of S 1188 be suspended; that the as amended in the House, be placed on General Orders for portions of Section 15, Article 3 of the Constitution of the State consideration. There being no objection it was so ordered. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1188 be S 1187 - APPROPRIATIONS - OFFICE OF STATE BOARD read the first time by title, second time by title, and third time at OF EDUCATION length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1187 be suspended; that the The question being, "Shall the rules be suspended?" 312 HOUSE JOURNAL March 28, 2013]

Roll call resulted as follows: Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, NAYS – None. Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Absent and excused – Denney, Erpelding, Horman, Ringo, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Ward-Engelking. Total – 5. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Total – 70. Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Whereupon the Speaker declared that more than two-thirds Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and HCR 34 was read the first Absent and excused – Denney, Erpelding, Horman, Ringo, time by title, second time by title, and third time at length, and Ward-Engelking. Total – 5. placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Ms. Chew to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1188 was read the first The question being, "Shall HCR 34 be adopted?" time by title, second time by title, and third time at length, section Whereupon the Speaker declared HCR 34 adopted by voice by section, and placed before the House for final consideration. vote and ordered the resolution transmitted to the Senate. At this time, the Speaker recognized Mr. Miller to open debate. S 1150 - EDUCATION The question being, "Shall S 1188 pass?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1150 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Agidius, Anderson(01), Anderson(31), Anderst, of Idaho, requiring all bills to be read on three several days be Andrus, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, dispensed with, this being a case of urgency; and that S 1150 be Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, read the first time by title, second time by title, and third time at Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, length, section by section, and placed before the House for final Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, consideration. Seconded by Mr. Rusche. Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, The question being, "Shall the rules be suspended?" Rusche, Shepherd, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Woodings, Youngblood, Roll call resulted as follows: Mr. Speaker. Total – 59. AYES – Agidius, Anderson(01), Anderson(31), Anderst, NAYS – Barbieri, Barrett, McMillan, Sims, Wood(35). Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Total – 5. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Absent and excused – Denney, Erpelding, Horman, Ringo, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Thompson, Ward-Engelking. Total – 6. Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Total – 70. Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Whereupon the Speaker declared that S 1188 passed the Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, House. Title was approved and the bill ordered returned to the Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Senate. Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – None. HCR 34 - ALZHEIMER'S PLANNING GROUP Absent and excused – Denney, Erpelding, Horman, Ringo, Ward-Engelking. Total – 5. Mr. Moyle moved that all rules of the House interfering with Total – 70. the immediate consideration of HCR 34 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that more than two-thirds of Idaho, requiring all bills to be read on three several days be of the membership having voted in the affirmative, the motion dispensed with, this being a case of urgency; and that HCR 34 be carried, the rules were suspended, and S 1150 was read the first read the first time by title, second time by title, and third time time by title, second time by title, and third time at length, section at length, and placed before the House for final consideration. by section, and placed before the House for final consideration. Seconded by Mr. Rusche. At this time, the Speaker recognized Ms. Boyle to open The question being, "Shall the rules be suspended?" debate.

Roll call resulted as follows: The question being, "Shall S 1150 pass?" AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Roll call resulted as follows: Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, AYES – Anderson(31), Anderst, Andrus, Barbieri, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Barrett, Bateman, Batt, Bell, Boyle, Clow, Collins, Crane, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Dayley, DeMordaunt, Gestrin, Gibbs, Hancey, Harris, Hartgen, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Henderson, Hixon, Kauffman, Loertscher, Malek, McMillan, [March 28, 2013 HOUSE JOURNAL 313

Mendive, Miller, Monks, Morse, Moyle, Nielsen, Palmer, NAYS – Barbieri, McMillan, Shepherd, Sims, Wood(35). Patterson, Raybould, Romrell, Shepherd, Sims, Trujillo, Total – 5. VanOrden, Vander Woude, Wills, Wood(35), Youngblood, Absent and excused – Horman, Thompson. Total – 2. Mr. Speaker. Total – 44. Total – 70. NAYS – Agidius, Anderson(01), Bolz, Burgoyne, Chew, Erpelding, Eskridge, Gannon, Holtzclaw, King, Kloc, Luker, Whereupon the Speaker declared that S 1191 passed the Meline, Packer, Pence, Perry, Ringo, Rusche, Smith, Stevenson, House. Title was approved and the bill ordered returned to the Ward-Engelking, Wood(27), Woodings. Total – 23. Senate. Absent and excused – Denney, Horman, Thompson. Total – 3. Total – 70. S 1158 - SOCIAL SECURITY BENEFITS Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared that S 1150 passed the the immediate consideration of S 1158 be suspended; that the House. Title was approved and the bill ordered returned to the portions of Section 15, Article 3 of the Constitution of the State Senate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1158 be S 1191 - INITIATIVE AND REFERENDUM ELECTIONS read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of S 1191 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1191 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Agidius, Anderson(01), Anderson(31), Anderst, length, section by section, and placed before the House for final Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, consideration. Seconded by Mr. Rusche. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, The question being, "Shall the rules be suspended?" Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Roll call resulted as follows: Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, NAYS – None. Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Absent and excused – Denney, Erpelding, Horman, Ringo, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Ward-Engelking. Total – 5. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Total – 70. Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Whereupon the Speaker declared that more than two-thirds Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and S 1158 was read the first Absent and excused – Denney, Erpelding, Horman, Ringo, time by title, second time by title, and third time at length, section Ward-Engelking. Total – 5. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Ms. King to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1191 was read the first The question being, "Shall S 1158 pass?" time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mrs. Woodings to open Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, debate. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, The question being, "Shall S 1191 pass?" Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Roll call resulted as follows: Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Rusche, Shepherd, Sims, Smith, Stevenson, Trujillo, VanOrden, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Woodings, Youngblood, Mr. Speaker. Total – 68. Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, NAYS – None. Loertscher, Luker, Malek, Meline, Mendive, Miller, Monks, Absent and excused – Horman, Thompson. Total – 2. Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Total – 70. Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Whereupon the Speaker declared that S 1158 passed the Woodings, Youngblood, Mr. Speaker. Total – 63. House. Title was approved and the bill ordered returned to the Senate. 314 HOUSE JOURNAL March 28, 2013]

H 336 - WOLVES Adjournment Mr. Moyle moved that all rules of the House interfering with Mr. Moyle moved that the House adjourn until 8 a.m., Friday, the immediate consideration of H 336 be suspended; that the March 29, 2013. Seconded by Mr. Rusche. Motion carried. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared the House adjourned at dispensed with, this being a case of urgency; and that H 336 be 5:24 p.m. read the first time by title, second time by title, and third time at SCOTT BEDKE, Speaker length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. ATTEST: BONNIE ALEXANDER, Chief Clerk The question being, "Shall the rules be suspended?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – None. Absent and excused – Denney, Erpelding, Horman, Ringo, Ward-Engelking. Total – 5. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 336 was read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Boyle to open debate.

The question being, "Shall H 336 pass?"

Roll call resulted as follows: AYES – Anderson(31), Andrus, Barbieri, Barrett, Batt, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Gestrin, Hancey, Hartgen, Hixon, Holtzclaw, Loertscher, McMillan, Mendive, Miller, Monks, Moyle, Nielsen, Palmer, Patterson, Shepherd, Sims, Trujillo, VanOrden, Vander Woude, Wood(35), Mr. Speaker. Total – 33. NAYS – Agidius, Anderson(01), Anderst, Bateman, Bell, Bolz, Burgoyne, Chew, Erpelding, Eskridge, Gannon, Gibbs, Harris, Henderson, Kauffman, King, Kloc, Luker, Malek, Meline, Morse, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Ward-Engelking, Wills, Wood(27), Woodings, Youngblood. Total – 35. Absent and excused – Horman, Thompson. Total – 2. Paired Votes: AYE – Crane NAY – Ringo AYE – Palmer NAY – Chew (Pairs enumerated in roll call above.) Total – 70. Whereupon the Speaker declared that H 336 failed to pass the House and ordered the bill filed in the office of the Chief Clerk.

There being no objection, the House advanced to the Sixteenth Order of Business. [March 29, 2013 HOUSE JOURNAL 315

HOUSE JOURNAL as amended, as amended in the House, SCR 120, SCR 114, SCR 115, S 1179, SCR 112, SCR 117, SCR 118, SCR 119, OF THE SCR 125, SCR 126, SCR 121, SCR 122, SCR 127, and S 1080, as amended in the House, for the signature of the Speaker. IDAHO LEGISLATURE NOVAK, Secretary The Speaker announced he was about to sign enrolled FIRST REGULAR SESSION SCR 124, S 1126, S 1127, S 1135, S 1145, S 1109, as amended, SIXTY-SECOND LEGISLATURE S 1119, S 1136, S 1165, S 1155, S 1072, as amended, as amended in the House, S 1116, as amended, as amended in the House, SCR 120, SCR 114, SCR 115, S 1179, SCR 112, SCR 117, SCR 118, SCR 119, SCR 125, SCR 126, SCR 121, SCR 122, SCR 127, and S 1080, as amended in the House, and, when so EIGHTY-SECOND LEGISLATIVE DAY signed, ordered them returned to the Senate. FRIDAY, MARCH 29, 2013 March 28, 2013 Mr. Speaker: I return herewith enrolled HCR 25, HCR 30, H 239, H 30, House of Representatives as amended, H 125, H 171, as amended, H 261, H 138, H 242, The House convened at 8 a.m., the Speaker in the Chair. H 124, H 243, H 226, H 283, H 284, H 285, H 293, H 296, H 297, H 298, H 299, H 300, H 301, H 302, H 303, H 304, Roll call showed 67 members present. H 305, H 306, H 310, H 205, H 91, as amended, H 196, H 197, Absent and excused – Barbieri, Dayley, Sims. Total – 3. H 232, H 80, and H 315 which have been signed by the President. Total – 70. NOVAK, Secretary Prayer was offered by Chaplain Tom Dougherty. Enrolled HCR 25 and HCR 30 were referred to the The Pledge of Allegiance was led by Joseph Andrus, Page. Judiciary, Rules, and Administration Committee for delivery to the Secretary of State.

Approval of Journal Enrolled H 239, H 30, as amended, H 125, H 171, as amended, H 261, H 138, H 242, H 124, H 243, H 226, H 283, March 29, 2013 H 284, H 285, H 293, H 296, H 297, H 298, H 299, H 300, Mr. Speaker: H 301, H 302, H 303, H 304, H 305, H 306, H 310, H 205, We, your COMMITTEE ON JUDICIARY, RULES, AND H 91, as amended, H 196, H 197, H 232, H 80, and H 315 were ADMINISTRATION, report that we have read and approved the referred to the Judiciary, Rules, and Administration Committee House Journal of the Eighty-first Legislative Day and recommend for delivery to the Governor. that same be adopted as corrected. WILLS, Chairman March 28, 2013 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by I transmit herewith S 1195, S 1196, and S 1197 which have Mr. Burgoyne. Report adopted. passed the Senate. NOVAK, Secretary Consideration of Messages from the S 1195, S 1196, and S 1197 were filed for first reading. Governor and the Senate March 28, 2013 OFFICE OF THE GOVERNOR Mr. Speaker: Boise I return herewith HCR 18, HCR 20, H 150, H 241, H 274, H 266, H 256, H 45, as amended, H 265, as amended, as March 28, 2013 amended, H 273, H 178, H 290, and H 321 which have passed the Senate. The Honorable Scott Bedke NOVAK, Secretary Speaker of the House HCR 18, HCR 20, H 150, H 241, H 274, H 266, H 256, Dear Mr. Speaker: H 45, as amended, H 265, as amended, as amended, H 273, I have the honor to advise you that I have signed today and H 178, H 290, and H 321 were referred to the Judiciary, Rules, am transmitting to the Secretary of State the following House and Administration Committee for enrolling. bills, to wit: March 28, 2013 H 248, H 269, and H 270 Mr. Speaker: I return herewith H 292 which has failed to pass the Senate. As Always - Idaho, "Esto Perpetua" NOVAK, Secretary /s/ C.L. "Butch" Otter Governor H 292 was ordered filed in the office of the Chief Clerk. March 28, 2013 March 28, 2013 Mr. Speaker: Mr. Speaker: I transmit herewith enrolled SCR 124, S 1126, S 1127, I return herewith H 206, as amended in the Senate, as S 1135, S 1145, S 1109, as amended, S 1119, S 1136, S 1165, amended in the Senate, H 221, as amended in the Senate, H 259, S 1155, S 1072, as amended, as amended in the House, S 1116, as amended in the Senate, H 98, as amended, as amended in 316 HOUSE JOURNAL March 29, 2013] the Senate, and H 120, as amended, as amended in the Senate, Introduction, First Reading, and Reference which have passed the Senate. of Bills and Joint Resolutions NOVAK, Secretary S 1195, S 1196, and S 1197, by Finance Committee, were H 206, as amended in the Senate, as amended in the Senate, introduced, read the first time by title, and filed for second H 221, as amended in the Senate, H 259, as amended in the reading. Senate, H 98, as amended, as amended in the Senate, and H 120, as amended, as amended in the Senate, were ordered held at the There being no objection, the House advanced to the Tenth Desk. Order of Business. Mr. Clow asked unanimous consent that the House concur Second Reading of Bills and Joint Resolutions in the Senate amendments to H 206, as amended in the Senate, as amended in the Senate. There being no objection, it was so S 1189, SCR 128, SCR 129, and SCR 131, by Judiciary and ordered. Rules Committee, were read the second time by title and filed for third reading. Mrs. VanOrden asked unanimous consent that the House concur in the Senate amendments to H 221, as amended in the S 1190, by Finance Committee, was read the second time by Senate. There being no objection, it was so ordered. title and filed for third reading. Ms. Boyle asked unanimous consent that the House concur H 111, as amended, by Agricultural Affairs Committee, was in the Senate amendments to H 259, as amended in the Senate. read the second time by title and filed for third reading. There being no objection, it was so ordered. Third Reading of Bills and Joint Resolutions Mr. Rusche asked unanimous consent that the House concur in the Senate amendments to H 98, as amended, as amended in Mr. Moyle asked unanimous consent that SCR 103 retain the Senate. There being no objection, it was so ordered. its place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered. Mr. Luker asked unanimous consent that the House concur in the Senate amendments to H 120, as amended, as amended in HP 1 - PETER MORRILL - COMMENDED the Senate. There being no objection, it was so ordered. HP 1 was read the third time at length and placed before the H 206, as amended in the Senate, as amended in the Senate, House for final consideration. H 221, as amended in the Senate, H 259, as amended in the Senate, H 98, as amended, as amended in the Senate, and H 120, At this time, the Speaker recognized Mr. Rusche to open as amended, as amended in the Senate, were referred to the debate. Judiciary, Rules, and Administration Committee for engrossing. The question being, "Shall HP 1 be adopted?" Report of Standing Committees Whereupon the Speaker declared HP 1 adopted by voice vote March 29, 2013 and ordered the proclamation transmitted to the Senate. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 142, as amended in the Senate, as amended in the Senate ADMINISTRATION, report that we have printed H 342, H 343, - DENTISTS and H 344. WILLS, Chairman H 142, as amended in the Senate, as amended in the Senate, was read the third time at length, section by section, and H 342 was referred to the Ways and Means Committee. placed before the House for final consideration. H 343 was referred to the State Affairs Committee. At this time, the Speaker recognized Mr. Morse to open debate. H 344 was referred to the Judiciary, Rules, and Administration Committee. The question being, "Shall H 142, as amended in the Senate, as amended in the Senate, pass?" March 29, 2013 Mr. Speaker: Roll call resulted as follows: We, your COMMITTEE ON JUDICIARY, RULES, AND AYES – Agidius, Anderson(01), Anderson(31), Anderst, ADMINISTRATION, report that we have enrolled HCR 32, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, HCR 26, H 275, H 291, H 311, H 312, H 313, H 202, H 215, Collins, Crane, DeMordaunt, Denney, Erpelding, Eskridge, H 222, H 257, H 258, H 295, H 318, H 271, H 278, and H 90, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Hixon, as amended. Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, WILLS, Chairman Luker, Malek, Meline, Miller, Morse, Moyle, Packer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, The Speaker announced he was about to sign enrolled Thompson, Trujillo, VanOrden, Vander Woude, Ward-Engelking, HCR 32, HCR 26, H 275, H 291, H 311, H 312, H 313, H 202, Wills, Wood(27), Woodings, Youngblood, Mr. Speaker. H 215, H 222, H 257, H 258, H 295, H 318, H 271, H 278, Total – 56. and H 90, as amended, and, when so signed, ordered them NAYS – Barrett, Boyle, Harris, McMillan, Mendive, Monks, transmitted to the Senate for the signature of the President. Nielsen, Palmer, Patterson, Shepherd, Wood(35). Total – 11. There being no objection, the House advanced to the Eighth Absent and excused – Barbieri, Dayley, Sims. Total – 3. Order of Business. Total – 70. [March 29, 2013 HOUSE JOURNAL 317

Whereupon the Speaker declared H 142, as amended in the Senate, as amended in the Senate, passed the House. Title was approved and the bill referred to the Judiciary, Rules, and Administration Committee for enrolling.

S 1183 - APPROPRIATIONS - EDUCATION BOARD, HEALTH EDUCATION PROGRAMS S 1183 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Ringo to open debate. The question being, "Shall S 1183 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, Meline, Miller, Morse, Moyle, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 57. NAYS – Denney, Harris, Hixon, McMillan, Mendive, Monks, Nielsen, Packer, Shepherd, Vander Woude. Total – 10. Absent and excused – Barbieri, Dayley, Sims. Total – 3. Total – 70. Whereupon the Speaker declared that S 1183 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, April 1, 2013. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 1:30 p.m., Monday, April 1, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 8:37 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 318 HOUSE JOURNAL April 1, 2013]

HOUSE JOURNAL H 318, H 271, H 278, and H 90, as amended, which have been signed by the President. OF THE NOVAK, Secretary Enrolled HCR 32 and HCR 26 were referred to the IDAHO LEGISLATURE Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE Enrolled H 275, H 291, H 311, H 312, H 313, H 202, H 215, H 222, H 257, H 258, H 295, H 318, H 271, H 278, and H 90, as amended, were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor.

EIGHTY-FIFTH LEGISLATIVE DAY March 28, 2013 MONDAY, APRIL 1, 2013 Mr. Speaker: I transmit herewith S 1192, as amended, and S 1040, as amended, which have passed the Senate. House of Representatives NOVAK, Secretary The House convened at 1:30 p.m., the Speaker in the Chair. S 1192, as amended, and S 1040, as amended, were filed for first reading. Roll call showed 66 members present. Absent and excused – Agidius, Miller, Nielsen, Wood(27). March 28, 2013 Total – 4. Mr. Speaker: Total – 70. I return herewith H 65 which has passed the Senate. NOVAK, Secretary Prayer was offered by Chaplain Tom Dougherty. H 65 was referred to the Judiciary, Rules, and Administration The Pledge of Allegiance was led by Andrea Prigge, Page. Committee for enrolling. Approval of Journal April 1, 2013 Report of Standing Committees Mr. Speaker: April 1, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved We, your COMMITTEE ON JUDICIARY, RULES, AND the House Journal of the Eighty-second Legislative Day and ADMINISTRATION, report that we have enrolled HCR 18, recommend that same be adopted as corrected. HCR 20, H 150, H 241, H 274, H 266, H 256, H 45, as amended, WILLS, Chairman H 265, as amended, as amended, H 273, H 178, H 290, H 321, Mr. Wills moved that the report be adopted. Seconded by and H 142, as amended in the Senate, as amended in the Senate. Mr. Burgoyne. Report adopted. WILLS, Chairman Consideration of Messages from the The Speaker announced he was about to sign enrolled Governor and the Senate HCR 18, HCR 20, H 150, H 241, H 274, H 266, H 256, H 45, as amended, H 265, as amended, as amended, H 273, H 178, OFFICE OF THE GOVERNOR H 290, H 321, and H 142, as amended in the Senate, as amended Boise in the Senate, and, when so signed, ordered them transmitted to the Senate for the signature of the President. March 29, 2013 April 1, 2013 The Honorable Scott Bedke Mr. Speaker: Speaker of the House We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have engrossed H 206, as Dear Mr. Speaker: amended in the Senate, as amended in the Senate, H 221, as I have the honor to advise you that I have signed today and amended in the Senate, H 259, as amended in the Senate, H 98, am transmitting to the Secretary of State the following House as amended, as amended in the Senate, and H 120, as amended, bills, to wit: as amended in the Senate. H 73, as amended in the Senate, H 76, H 102, H 110, H 113, as WILLS, Chairman amended, H 127, H 162, H 185, H 199, H 216, H 218, H 225, H 206, as amended in the Senate, as amended in the Senate, and H 244 H 221, as amended in the Senate, H 259, as amended in the As Always - Idaho, "Esto Perpetua" Senate, H 98, as amended, as amended in the Senate, and H 120, /s/ C.L. "Butch" Otter as amended, as amended in the Senate, were filed for first reading Governor of engrossed bills. March 28, 2013 April 1, 2013 Mr. Speaker: Mr. Speaker: I return herewith enrolled HCR 32, HCR 26, H 275, H 291, We, your COMMITTEE ON JUDICIARY, RULES, AND H 311, H 312, H 313, H 202, H 215, H 222, H 257, H 258, H 295, ADMINISTRATION, report that we have transmitted enrolled [April 1, 2013 HOUSE JOURNAL 319

HCR 25 and HCR 30 to the Secretary of State at 8:26 a.m., as Roll call resulted as follows: of this date, March 29, 2013. AYES – Agidius, Anderson(01), Anderst, Andrus, Bateman, WILLS, Chairman Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, April 1, 2013 Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Mr. Speaker: Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, We, your COMMITTEE ON JUDICIARY, RULES, AND Meline, Morse, Moyle, Nielsen, Packer, Pence, Perry, Raybould, ADMINISTRATION, report that we have transmitted enrolled Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, H 239, H 30, as amended, H 125, H 171, as amended, H 261, Thompson, Trujillo, Ward-Engelking, Wills, Wood(35), H 138, H 242, H 124, H 243, H 226, H 283, H 284, H 285, Woodings, Youngblood, Mr. Speaker. Total – 54. H 293, H 296, H 297, H 298, H 299, H 300, H 301, H 302, NAYS – Anderson(31), Barbieri, Barrett, Batt, Dayley, H 303, H 304, H 305, H 306, H 310, H 205, H 91, as amended, Denney, Harris, Mendive, Monks, Palmer, Patterson, Sims, H 196, H 197, H 232, H 80, and H 315 to the Governor at VanOrden, Vander Woude. Total – 14. 8:30 a.m., as of this date, March 29, 2013. Absent and excused – Miller, Wood(27). Total – 2. WILLS, Chairman Paired Votes: There being no objection, the House advanced to the Eighth AYE – Nielsen NAY – Denney Order of Business. AYE – Agidius NAY – Vander Woude (Pairs enumerated in roll call above.) Total – 70. Introduction, First Reading, and Reference of Bills and Joint Resolutions Whereupon the Speaker declared that H 111, as S 1192, as amended, by State Affairs Committee, was amended, passed the House. Title was approved and the bill introduced, read the first time by title, and referred to the State ordered transmitted to the Senate. Affairs Committee. S 1040, as amended, by Education Committee, was S 1189 - IDAHO CODE - STATUTORY CONSTRUCTION introduced, read the first time by title, and referred to the Education Committee. S 1189 was read the third time at length, section by section, and placed before the House for final consideration. First Reading of Engrossed Bills At this time, the Speaker recognized Mr. Moyle and Mr. Rusche to open debate. H 206, as amended in the Senate, as amended in the Senate, H 221, as amended in the Senate, and H 259, as amended in the The question being, "Shall S 1189 pass?" Senate, by Education Committee, were introduced, read the first time by title, and filed for second reading. Roll call resulted as follows: AYES – Anderson(01), Anderson(31), Anderst, Andrus, H 98, as amended, as amended in the Senate, by Health and Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Welfare Committee, was introduced, read the first time by title, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, and filed for second reading. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, H 120, as amended, as amended in the Senate, by State Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Affairs Committee, was introduced, read the first time by title, King, Kloc, Loertscher, Luker, Malek, McMillan, Mendive, and filed for second reading. Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Second Reading of Bills and Joint Resolutions Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, S 1195, S 1196, and S 1197, by Finance Committee, were Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, read the second time by title and filed for third reading. Mr. Speaker. Total – 65. NAYS – None. Absent and excused – Agidius, Meline, Miller, Nielsen, Third Reading of Bills and Joint Resolutions Wood(27). Total – 5. Total – 70. Mr. Moyle asked unanimous consent that SCR 103 retain its place on the Third Reading Calendar for one legislative day. Whereupon the Speaker declared that S 1189 passed the There being no objection, it was so ordered. House. Title was approved and the bill ordered returned to the Mr. Moyle asked unanimous consent that S 1133, as Senate. amended, as amended in the House, retain its place on the Third Reading Calendar until Thursday, April 4, 2013. There being no objection, it was so ordered. S 1190 - APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MEDICAL ASSISTANCE H 111, as amended - ANIMAL CARE SERVICES H 111, as amended, was read the third time at length, section S 1190 was read the third time at length, section by section, by section, and placed before the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Andrus to open At this time, the Speaker recognized Ms. Stevenson to open debate. debate. The question being, "Shall H 111, as amended, pass?" The question being, "Shall S 1190 pass?" 320 HOUSE JOURNAL April 1, 2013]

Roll call resulted as follows: Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, AYES – Anderson(01), Anderson(31), Bell, Bolz, Burgoyne, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Chew, Clow, Collins, DeMordaunt, Erpelding, Eskridge, Gannon, Mendive, Monks, Morse, Moyle, Packer, Palmer, Patterson, Gibbs, Hancey, Henderson, Horman, Kauffman, King, Kloc, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Loertscher, Malek, Meline, Packer, Pence, Perry, Raybould, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ringo, Romrell, Rusche, Smith, Stevenson, Thompson, Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, VanOrden, Ward-Engelking, Wills, Woodings, Youngblood, Youngblood, Mr. Speaker. Total – 66. Mr. Speaker. Total – 38. NAYS – None. NAYS – Anderst, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Agidius, Miller, Nielsen, Wood(27). Batt, Boyle, Crane, Dayley, Denney, Gestrin, Harris, Hartgen, Total – 4. Hixon, Holtzclaw, Luker, McMillan, Mendive, Monks, Morse, Total – 70. Moyle, Nielsen, Palmer, Patterson, Shepherd, Sims, Trujillo, Vander Woude, Wood(35). Total – 29. Whereupon the Speaker declared SCR 129 adopted and Absent and excused – Agidius, Miller, Wood(27). Total – 3. ordered the resolution returned to the Senate. Paired Votes: AYE – Eskridge NAY – Nielsen SCR 131 - JOINT RULE 21 (Pairs enumerated in roll call above.) SCR 131 was read the third time at length and placed before Total – 70. the House for final consideration. Whereupon the Speaker declared that S 1190 passed the At this time, the Speaker recognized Mr. Moyle and House. Title was approved and the bill ordered returned to the Mr. Rusche to open debate. Senate. The question being, "Shall SCR 131 be adopted?" SCR 128 - CRIMINAL JUSTICE SYSTEM - STUDY COMMITTEE Roll call resulted as follows: SCR 128 was read the third time at length and placed before AYES – Anderson(01), Anderson(31), Anderst, Andrus, the House for final consideration. Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, At this time, the Speaker recognized Mr. Wills to open Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, debate. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, Mendive, The question being, "Shall SCR 128 be adopted?" Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Roll call resulted as follows: Stevenson, Thompson, Trujillo, VanOrden, Vander Woude, AYES – Anderson(01), Anderson(31), Anderst, Andrus, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Mr. Speaker. Total – 65. Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, NAYS – Loertscher. Total – 1. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Absent and excused – Agidius, Miller, Nielsen, Wood(27). Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Total – 4. King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Total – 70. Mendive, Monks, Morse, Moyle, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Whereupon the Speaker declared SCR 131 adopted and Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, ordered the resolution returned to the Senate. Vander Woude, Ward-Engelking, Wills, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 66. NAYS – None. Absent and excused – Agidius, Miller, Nielsen, Wood(27). Consideration of General Orders Total – 4. Total – 70. Mr. Moyle moved that the House do now resolve itself into a Committee of the Whole House for the consideration of General Whereupon the Speaker declared SCR 128 adopted and Orders. Seconded by Mr. Rusche. Motion carried. ordered the resolution returned to the Senate. Whereupon the House resolved itself into a Committee of SCR 129 - JOINT RULE 18 the Whole House for the consideration of General Orders with Mr. Crane in the Chair. SCR 129 was read the third time at length and placed before the House for final consideration. When the Committee of the Whole House rose, the Speaker returned to the Chair and the House was in order. At this time, the Speaker recognized Mr. Moyle and Mr. Rusche to open debate. Report of the Committee of the Whole House The question being, "Shall SCR 129 be adopted?" April 1, 2013 Roll call resulted as follows: Mr. Speaker: AYES – Anderson(01), Anderson(31), Anderst, Andrus, We, your COMMITTEE OF THE WHOLE HOUSE, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, report that we have had under consideration S 1134, as Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, amended, as amended in the House, and report it back without Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, recommendation, amended as follows: [April 1, 2013 HOUSE JOURNAL 321

HOUSE AMENDMENT TO HOUSE AMENDMENT TO S.B. NO. 1134, As Amended AMENDMENT TO THE AMENDMENT TO SECTION 1 On page 1 of the printed amendment, in line 6, following "rescue" insert: "or controlled substance investigations"; and in line 9, following "or" insert: "specifically targeted". CRANE, Chairman Mr. Crane moved that the report be adopted. Seconded by Mr. Rusche. Whereupon the Speaker declared the report adopted. S 1134, as amended, as amended in the House, as amended in the House, was filed for first reading. The amendments were referred to Judiciary, Rules, and Administration committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, April 2, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 2:42 p.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 322 HOUSE JOURNAL April 2, 2013]

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1156, S 1147, as amended, S 1149, S 1172, S 1173, S 1174, S 1175, OF THE S 1176, S 1177, S 1178, S 1180, S 1181, S 1182, S 1186, S 1157, S 1187, S 1188, S 1150, S 1191, S 1158, and S 1183 and, when IDAHO LEGISLATURE so signed, ordered them returned to the Senate. April 2, 2013 FIRST REGULAR SESSION Mr. Speaker: SIXTY-SECOND LEGISLATURE I return herewith enrolled HCR 18, HCR 20, H 150, H 241, H 274, H 266, H 256, H 45, as amended, H 265, as amended, as amended, H 273, H 178, H 290, H 321, and H 142, as amended in the Senate, as amended in the Senate, which have been signed by the President. EIGHTY-SIXTH LEGISLATIVE DAY NOVAK, Secretary TUESDAY, APRIL 2, 2013 Enrolled HCR 18 and HCR 20 were referred to the Judiciary, Rules, and Administration Committee for delivery to House of Representatives the Secretary of State. The House convened at 11 a.m., the Speaker in the Chair. Enrolled H 150, H 241, H 274, H 266, H 256, H 45, as amended, H 265, as amended, as amended, H 273, H 178, H 290, Roll call showed 67 members present. H 321, and H 142, as amended in the Senate, as amended in the Absent and excused – Miller, Trujillo, Wood(27). Total –3. Senate, were referred to the Judiciary, Rules, and Administration Total – 70. Committee for delivery to the Governor. Prayer was offered by Chaplain Tom Dougherty. April 1, 2013 The Pledge of Allegiance was led by Francesca Ghiorso, Mr. Speaker: Page. I return herewith HCR 33, HCR 31, H 322, H 133, H 327, H 328, H 231, as amended, H 245, H 332, H 333, H 334, H 335, Approval of Journal H 317, and H 324 which have passed the Senate. NOVAK, Secretary April 2, 2013 Mr. Speaker: HCR 33, HCR 31, H 322, H 133, H 327, H 328, H 231, We, your COMMITTEE ON JUDICIARY, RULES, AND as amended, H 245, H 332, H 333, H 334, H 335, H 317, and ADMINISTRATION, report that we have read and approved the H 324 were referred to the Judiciary, Rules, and Administration House Journal of the Eighty-fifth Legislative Day and recommend Committee for enrolling. that same be adopted as corrected. WILLS, Chairman Report of Standing Committees Mr. Wills moved that the report be adopted. Seconded by April 2, 2013 Mr. Burgoyne. Report adopted. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Consideration of Messages from the ADMINISTRATION, report that we have printed House Governor and the Senate amendment to S 1134, as amended, as amended in the House. WILLS, Chairman OFFICE OF THE GOVERNOR Boise April 2, 2013 April 1, 2013 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Honorable Scott Bedke ADMINISTRATION, report that we have enrolled H 65. Speaker of the House WILLS, Chairman

Dear Mr. Speaker: The Speaker announced he was about to sign enrolled I have the honor to advise you that I have signed today and H 65 and, when so signed, ordered it transmitted to the Senate am transmitting to the Secretary of State the following House bill, for the signature of the President. to wit: April 2, 2013 H 217, as amended in the Senate Mr. Speaker: As Always - Idaho, "Esto Perpetua" We, your COMMITTEE ON JUDICIARY, RULES, AND /s/ C.L. "Butch" Otter ADMINISTRATION, report that we have transmitted enrolled Governor HCR 32 and HCR 26 to the Secretary of State at 2:01 p.m., as of this date, April 1, 2013. April 1, 2013 WILLS, Chairman Mr. Speaker: I transmit herewith enrolled S 1156, S 1147, as amended, April 2, 2013 S 1149, S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, S 1178, Mr. Speaker: S 1180, S 1181, S 1182, S 1186, S 1157, S 1187, S 1188, S 1150, We, your COMMITTEE ON JUDICIARY, RULES, AND S 1191, S 1158, and S 1183 for the signature of the Speaker. ADMINISTRATION, report that we have transmitted enrolled NOVAK, Secretary H 275, H 291, H 311, H 312, H 313, H 202, H 215, H 222, H 257, [April 2, 2013 HOUSE JOURNAL 323

H 258, H 295, H 318, H 271, H 278, and H 90, as amended, to corresponding infrastructure and the attraction of new nuclear the Governor at 2:03 p.m., as of this date, April 1, 2013. businesses; and WILLS, Chairman (4) Invest in its infrastructure to enable the INL and Idaho universities to successfully compete for United States and global April 2, 2013 research opportunities; and Mr. Speaker: (5) Develop and promote the Center for Advanced Energy We, your COMMITTEE ON STATE AFFAIRS, report that Studies as a regional, national and global resource for nuclear we have had under consideration H 343 and S 1192, as amended, energy research; and and recommend that they do pass. (6) Strengthen and expand nuclear education and workforce LOERTSCHER, Chairman training offerings; and H 343 and S 1192, as amended, were filed for second reading. WHEREAS, Governor Otter recognized the need for continued leadership from the state to ensure the vitality of the There being no objection, the House advanced to the Seventh INL and Idaho's growing nuclear industries sector and established Order of Business. a LINE 2.0 Commission on March 6, 2013, to continue the effort to capitalize on the INL and Idaho's nuclear competencies. Motions, Memorials, and Resolutions NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-second Idaho Legislature, HOUSE CONCURRENT RESOLUTION NO. 36 the House of Representatives and the Senate concurring therein, BY WAYS AND MEANS COMMITTEE that we hereby commend Governor Otter for his leadership A CONCURRENT RESOLUTION in the establishment of the original LINE Commission and STATING FINDINGS OF THE LEGISLATURE for continuing its efforts with the creation of the LINE 2.0 AND COMMENDING THE GOVERNOR FOR THE Commission; and that the Idaho Legislature concurs with ESTABLISHMENT OF THE LEADERSHIP IN NUCLEAR and endorses the six findings of the LINE Commission and ENERGY COMMISSION TO SUSTAIN AND ENHANCE recognizes that Idaho must continue to monitor, evaluate and, THE IDAHO NATIONAL LABORATORY AS A STATE where appropriate, participate in national policy discussions ASSET. that will have an impact on the INL and Idaho's nuclear sector; and the Idaho Legislature supports the critical work Be It Resolved by the Legislature of the State of Idaho: performed by the Idaho National Laboratory aimed at solving WHEREAS, to ensure that the Idaho National Laboratory's our state's and nation's most pressing energy, security and status as the flagship research facility is maintained and enhanced, environmental challenges while actively involving all three of Idaho Governor C.L. "Butch" Otter established the Leadership in Idaho's universities in carrying out its mission. Nuclear Energy (LINE) Commission to make recommendations BE IT FURTHER RESOLVED that the Chief Clerk of the on policies and actions the state could undertake to support the House of Representatives is hereby authorized and directed to long-term viability of the Idaho National Laboratory (INL); and forward a copy of this Resolution to the Governor of the State WHEREAS, the LINE Commission was a collaborative of Idaho. effort involving the Idaho Legislature, state and university HCR 36 was introduced, read the first time by title, and officials and representatives from industry and the public; and referred to the Judiciary, Rules, and Administration Committee WHEREAS, from February 2012 to January 2013, the LINE for printing. Commission met and held public hearings throughout the state gathering testimony from the public and government, industry Introduction, First Reading, and Reference and technical experts to examine recent national developments as of Bills and Joint Resolutions they relate to positioning Idaho and the lab going forward; and S 1134, as amended, as amended in the House, as amended WHEREAS, the LINE Commission's final report recognized in the House, by State Affairs Committee, was introduced, read that increasing pressure on federal budgets could lead to reduced the first time by title, and filed for second reading. funding for federal energy research and cleanup work across the national laboratory system, and the federal government's decision There being no objection, the House advanced to the Tenth to withdraw its license application for a permanent nuclear waste Order of Business. repository at Yucca Mountain, which leaves spent nuclear fuel and high-level waste currently being stored at the INL with no Second Reading of Bills and Joint Resolutions place to go; and H 206, as amended in the Senate, as amended in the Senate, WHEREAS, the final report from the LINE Commission also H 221, as amended in the Senate, and H 259, as amended in the acknowledges aggressive and renewed efforts by other states to Senate, by Education Committee, were read the second time by establish competencies that will compete with the INL and with title and filed for third reading. programs offered by Idaho universities; and WHEREAS, amidst these challenges, the LINE Commission H 98, as amended, as amended in the Senate, by Health and identified six overarching recommendations to ensure the Welfare Committee, was read the second time by title and filed continued scientific, education and economic benefits of the INL for third reading. to the state that include: (1) Continue to work cooperatively with the United States H 120, as amended, as amended in the Senate, by State Department of Energy and other impacted states to address Affairs Committee, was read the second time by title and filed remaining environmental risks and continue cleanup at the INL for third reading. site; and Third Reading of Bills and Joint Resolutions (2) Exercise leadership as the United States formulates federal energy and nuclear waste management policies; and Mr. Bolz asked unanimous consent that S 1195 be returned to (3) Capitalize on Idaho's nuclear technology competencies the Appropriations Committee. There being no objection, it was by supporting the growth of existing nuclear businesses, the so ordered. 324 HOUSE JOURNAL April 2, 2013]

Mr. Moyle asked unanimous consent that SCR 103 retain its place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered. Mr. Moyle asked unanimous consent that S 1197 retain its place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered.

S 1196 - APPROPRIATIONS - ATTORNEY GENERAL - TRAILER S 1196 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Stevenson to open debate. The question being, "Shall S 1196 pass?"

Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Ward-Engelking, Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. NAYS – None. Absent and excused – Bateman, Miller, Trujillo, Wills, Wood(27). Total – 5. Total – 70. Whereupon the Speaker declared that S 1196 passed the House. Title was approved and the bill ordered returned to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, April 3, 2013. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:25 a.m. SCOTT BEDKE, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [April 3, 2013 HOUSE JOURNAL 325

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1189, S 1190, SCR 128, SCR 129, and SCR 131 and, when so signed, OF THE ordered them returned to the Senate. April 3, 2013 IDAHO LEGISLATURE Mr. Speaker: I return herewith enrolled H 65 which has been signed by the FIRST REGULAR SESSION President. SIXTY-SECOND LEGISLATURE NOVAK, Secretary Enrolled H 65 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. April 3, 2013 EIGHTY-SEVENTH LEGISLATIVE DAY Mr. Speaker: WEDNESDAY, APRIL 3, 2013 I transmit herewith S 1199 which has passed the Senate. NOVAK, Secretary House of Representatives S 1199 was filed for first reading. The House convened at 11 a.m., the Speaker in the Chair. April 2, 2013 Roll call showed 67 members present. Mr. Speaker: Absent and excused – Loertscher, Perry, Trujillo. Total – 3. I return herewith HCR 21, HCR 22, and HCR 34 which Total – 70. have passed the Senate. NOVAK, Secretary Prayer was offered by Chaplain Tom Dougherty. HCR 21, HCR 22, and HCR 34 were referred to the The Pledge of Allegiance was led by Esther Frederick, Page. Judiciary, Rules, and Administration Committee for enrolling. Approval of Journal April 2, 2013 Mr. Speaker: April 3, 2013 I return herewith HP 1 which has passed the Senate. Mr. Speaker: NOVAK, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved HP 1 was ordered filed in the office of the Chief Clerk. the House Journal of the Eighty-sixth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Report of Standing Committees Mr. Wills moved that the report be adopted. Seconded by April 3, 2013 Mr. Burgoyne. Report adopted. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Consideration of Messages from the ADMINISTRATION, report that we have printed HCR 36. Governor and the Senate WILLS, Chairman OFFICE OF THE GOVERNOR HCR 36 was filed for second reading. Boise

April 2, 2013 April 3, 2013 Mr. Speaker: The Honorable Scott Bedke We, your COMMITTEE ON JUDICIARY, RULES, AND Speaker of the House ADMINISTRATION, report that we have enrolled HCR 33, HCR 31, H 322, H 133, H 327, H 328, H 231, as amended, Dear Mr. Speaker: H 245, H 332, H 333, H 334, H 335, H 317, and H 324. I have the honor to advise you that I have signed today and WILLS, Chairman am transmitting to the Secretary of State the following House bills, to wit: The Speaker announced he was about to sign enrolled H 121, H 147, H 148, H 149, H 183, H 193, as amended, H 223, HCR 33, HCR 31, H 322, H 133, H 327, H 328, H 231, as H 283, H 284, H 285, H 293, H 296, H 297, H 298, H 299, amended, H 245, H 332, H 333, H 334, H 335, H 317, and H 302, H 303, H 304, H 305, H 310, and H 321 H 324 and, when so signed, ordered them transmitted to the Senate for the signature of the President. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter Governor April 3, 2013 Mr. Speaker: April 2, 2013 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have transmitted enrolled I transmit herewith enrolled S 1189, S 1190, SCR 128, HCR 18 and HCR 20 to the Secretary of State at 11:43 a.m., SCR 129, and SCR 131 for the signature of the Speaker. as of this date, April 2, 2013. NOVAK, Secretary WILLS, Chairman 326 HOUSE JOURNAL April 3, 2013]

April 3, 2013 Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Mr. Speaker: Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, We, your COMMITTEE ON JUDICIARY, RULES, AND Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, ADMINISTRATION, report that we have transmitted enrolled Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, H 150, H 241, H 274, H 266, H 256, H 45, as amended, H 265, Palmer, Patterson, Pence, Raybould, Ringo, Romrell, Rusche, as amended, as amended, H 273, H 178, H 290, H 321, and Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, H 142, as amended in the Senate, as amended in the Senate, to Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), the Governor at 11:40 a.m., as of this date, April 2, 2013. Woodings, Youngblood, Mr. Speaker. Total – 67. WILLS, Chairman NAYS – None. Absent and excused – Loertscher, Perry, Trujillo. Total – 3. April 2, 2013 Total – 70. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that Whereupon the Speaker declared HCR 36 adopted and we have had under consideration S 1040, as amended, and ordered the resolution transmitted to the Senate. recommend that it do pass. DEMORDAUNT, Chairman H 343 - ADMINISTRATIVE RULES S 1040, as amended, was filed for second reading. Mr. Moyle moved that all rules of the House interfering with There being no objection, the House advanced to the Seventh the immediate consideration of H 343 be suspended; that the Order of Business. portions of Section 15, Article 3 of the Constitution of the State Motions, Memorials, and Resolutions of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 343 be HCR 36 - LINE COMMISSION read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of HCR 36 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that HCR 36 be Roll call resulted as follows: read the first time by title, second time by title, and third time AYES – Agidius, Anderson(01), Anderson(31), Anderst, at length, and placed before the House for final consideration. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Seconded by Mr. Rusche. Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, The question being, "Shall the rules be suspended?" Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Roll call resulted as follows: Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Youngblood, Mr. Speaker. Total – 65. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – None. King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Absent and excused – Denney, Loertscher, Malek, Perry, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Trujillo. Total – 5. Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Total – 70. Smith, Stevenson, Thompson, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Whereupon the Speaker declared that more than two-thirds Youngblood, Mr. Speaker. Total – 65. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and H 343 was read the first Absent and excused – Denney, Loertscher, Malek, Perry, time by title, second time by title, and third time at length, section Trujillo. Total – 5. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Holtzclaw to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion The question being, "Shall H 343 pass?" carried, the rules were suspended, and HCR 36 was read the first time by title, second time by title, and third time at length, and Roll call resulted as follows: placed before the House for final consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Mr. Thompson to open Andrus, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, debate. Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Harris, Hartgen, Henderson, The question being, "Shall HCR 36 be adopted?" Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Morse, Roll call resulted as follows: Packer, Palmer, Patterson, Pence, Raybould, Ringo, Romrell, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Rusche, Sims, Smith, Stevenson, Thompson, Trujillo, VanOrden, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Woodings, Youngblood, Mr. Speaker. Total – 62. [April 3, 2013 HOUSE JOURNAL 327

NAYS – Barbieri, Boyle, Gestrin, Moyle, Nielsen, Shepherd. Ringo, Romrell, Rusche, Smith, Ward-Engelking, Wood(35), Total – 6. Woodings. Total – 26. Absent and excused – Loertscher, Perry. Total – 2. Absent and excused – Loertscher, Perry. Total – 2. Paired Votes: Paired Votes: AYE – Trujillo NAY – Moyle AYE – Trujillo NAY – Rusche (Pairs enumerated in roll call above.) (Pairs enumerated in roll call above.) Total – 70. Total – 70. Whereupon the Speaker declared that H 343 passed the Whereupon the Speaker declared that S 1192, as House. Title was approved and the bill ordered transmitted to amended, passed the House. Title was approved and the bill the Senate. ordered returned to the Senate.

S 1134, as amended, as amended in the House, as amended S 1192, as amended, - CAPITOL MALL in the House, - UNMANNED AIRCRAFT Mr. Moyle moved that all rules of the House interfering with Mr. Moyle moved that all rules of the House interfering the immediate consideration of S 1134, as amended, as amended with the immediate consideration of S 1192, as amended, be in the House, as amended in the House, be suspended; that the suspended; that the portions of Section 15, Article 3 of the portions of Section 15, Article 3 of the Constitution of the State Constitution of the State of Idaho, requiring all bills to be read of Idaho, requiring all bills to be read on three several days be on three several days be dispensed with, this being a case of dispensed with, this being a case of urgency; and that S 1134, as urgency; and that S 1192, as amended, be read the first time amended, as amended in the House, as amended in the House, be by title, second time by title, and third time at length, section read the first time by title, second time by title, and third time at by section, and placed before the House for final consideration. length, section by section, and placed before the House for final Seconded by Mr. Rusche. consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" The question being, "Shall the rules be suspended?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, King, Kloc, Luker, McMillan, Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 65. Youngblood, Mr. Speaker. Total – 65. NAYS – None. NAYS – None. Absent and excused – Denney, Loertscher, Malek, Perry, Absent and excused – Denney, Loertscher, Malek, Perry, Trujillo. Total – 5. Trujillo. Total – 5. Total – 70. Total – 70. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1192, as amended, was carried, the rules were suspended, and S 1134, as amended, read the first time by title, second time by title, and third time at as amended in the House, as amended in the House, was read length, section by section, and placed before the House for final the first time by title, second time by title, and third time at consideration. length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Crane to open debate. At this time, the Speaker recognized Mr. Luker to open debate. The question being, "Shall S 1192, as amended, pass?" The question being, "Shall S 1134, as amended, as amended Roll call resulted as follows: in the House, as amended in the House, pass?" AYES – Anderson(01), Anderst, Andrus, Barrett, Batt, Bell, Bolz, Boyle, Collins, Crane, Dayley, Denney, Eskridge, Gestrin, Roll call resulted as follows: Gibbs, Hancey, Hartgen, Henderson, Hixon, Holtzclaw, Horman, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Kauffman, Luker, McMillan, Miller, Monks, Moyle, Nielsen, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Palmer, Patterson, Raybould, Shepherd, Sims, Stevenson, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Thompson, Trujillo, VanOrden, Vander Woude, Wills, Wood(27), Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Youngblood, Mr. Speaker. Total – 42. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, NAYS – Agidius, Anderson(31), Barbieri, Bateman, King, Kloc, Luker, Malek, McMillan, Meline, Mendive, Miller, Burgoyne, Chew, Clow, DeMordaunt, Erpelding, Gannon, Harris, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, King, Kloc, Malek, Meline, Mendive, Morse, Packer, Pence, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, 328 HOUSE JOURNAL April 3, 2013]

Smith, Stevenson, Thompson, VanOrden, Vander Woude, Paired Votes: Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, AYE – Packer NAY – Ward-Engelking Youngblood, Mr. Speaker. Total – 66. AYE – Perry NAY – Moyle NAYS – Burgoyne, Perry. Total – 2. (Pairs enumerated in roll call above.) Absent and excused – Loertscher, Trujillo. Total – 2. Total – 70. Paired Votes: AYE – Crane NAY – Perry Whereupon the Speaker declared H 206, as amended in (Pairs enumerated in roll call above.) the Senate, as amended in the Senate, passed the House. Title Total – 70. was approved and the bill referred to the Judiciary, Rules, and Administration Committee for enrolling. Whereupon the Speaker declared that S 1134, as amended, as amended in the House, as amended in the House, passed the H 221, as amended in the Senate - EDUCATION House. Title was approved and the bill ordered returned to the Senate. H 221, as amended in the Senate, was read the third time at length, section by section, and placed before the House for final Introduction, First Reading, and Reference consideration. of Bills and Joint Resolutions At this time, the Speaker recognized Mrs. VanOrden to open S 1199, by State Affairs Committee, was introduced, read the debate. first time by title, and referred to the Education Committee. The question being, "Shall H 221, as amended in the There being no objection, the House advanced to the Senate, pass?" Eleventh Order of Business. Roll call resulted as follows: Third Reading of Bills and Joint Resolutions AYES – Agidius, Anderson(01), Anderson(31), Anderst, Mr. Moyle asked unanimous consent that the House recess Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, until 2:30 p.m. DeMordaunt, Denney, Eskridge, Gestrin, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Without objection, the Speaker declared the House at recess Malek, Mendive, Miller, Monks, Morse, Moyle, Nielsen, until 2:30 p.m. Packer, Palmer, Perry, Raybould, Romrell, Shepherd, Stevenson, RECESS Thompson, VanOrden, Vander Woude, Wills, Youngblood, Afternoon Session Mr. Speaker. Total – 45. NAYS – Andrus, Barbieri, Barrett, Burgoyne, Chew, The House reconvened at 2:30 p.m., the Speaker in the Chair. Erpelding, Gannon, Gibbs, King, Kloc, Luker, McMillan, Prior to recess, the House was at the Eleventh Order of Meline, Pence, Ringo, Rusche, Sims, Smith, Ward-Engelking, Business. Wood(27), Wood(35), Woodings. Total – 22. Absent and excused – Loertscher, Patterson, Trujillo. Mr. Moyle asked unanimous consent that SCR 103 retain Total – 3. its place on the Third Reading Calendar for one legislative day. Paired Votes: There being no objection, it was so ordered. AYE – Packer NAY – Ward-Engelking AYE – Perry NAY – Rusche H 206, as amended in the Senate, as amended in the Senate - (Pairs enumerated in roll call above.) PUBLIC CHARTER SCHOOLS Total – 70. H 206, as amended in the Senate, as amended in the Whereupon the Speaker declared H 221, as amended in Senate, was read the third time at length, section by section, and the Senate, passed the House. Title was approved and the bill placed before the House for final consideration. referred to the Judiciary, Rules, and Administration Committee At this time, the Speaker recognized Mr. Clow to open for enrolling. debate. H 259, as amended in the Senate - EDUCATION The question being, "Shall H 206, as amended in the Senate, as amended in the Senate, pass?" H 259, as amended in the Senate, was read the third time at length, section by section, and placed before the House for final Roll call resulted as follows: consideration. AYES – Agidius, Anderson(01), Anderson(31), Anderst, At this time, the Speaker recognized Ms. Boyle to open Barbieri, Bateman, Batt, Boyle, Clow, Collins, Crane, Dayley, debate. DeMordaunt, Denney, Gestrin, Harris, Hartgen, Henderson, Holtzclaw, Horman, Kauffman, Malek, Mendive, Miller, Monks, The question being, "Shall H 259, as amended in the Morse, Nielsen, Packer, Palmer, Perry, Romrell, Shepherd, Senate, pass?" Stevenson, Thompson, VanOrden, Vander Woude, Wills, Wood(35), Youngblood, Mr. Speaker. Total – 40. Roll call resulted as follows: NAYS – Andrus, Barrett, Bell, Bolz, Burgoyne, Chew, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Erpelding, Eskridge, Gannon, Gibbs, Hancey, Hixon, King, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Kloc, Luker, McMillan, Meline, Moyle, Pence, Raybould, Ringo, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Rusche, Sims, Smith, Ward-Engelking, Wood(27), Woodings. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Total – 27. Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Absent and excused – Loertscher, Patterson, Trujillo. King, Luker, Malek, McMillan, Meline, Mendive, Miller, Monks, Total – 3. Morse, Moyle, Nielsen, Packer, Palmer, Raybould, Romrell, [April 3, 2013 HOUSE JOURNAL 329

Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, The question being, "Shall H 120, as amended, as amended Vander Woude, Wills, Wood(27), Wood(35), Woodings, in the Senate, pass?" Youngblood, Mr. Speaker. Total – 60. NAYS – Burgoyne, Kloc, Pence, Perry, Ringo, Rusche. Roll call resulted as follows: Total – 6. AYES – Agidius, Anderson(31), Anderst, Andrus, Barbieri, Absent and excused – Loertscher, Patterson, Trujillo, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Chew, Collins, Ward-Engelking. Total – 4. Crane, Dayley, DeMordaunt, Denney, Gannon, Gestrin, Gibbs, Paired Votes: Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, AYE – Bolz NAY – Perry Kauffman, King, Luker, Malek, Meline, Mendive, Miller, Monks, (Pairs enumerated in roll call above.) Morse, Moyle, Nielsen, Packer, Palmer, Raybould, Shepherd, Total – 70. Smith, Stevenson, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 51. Whereupon the Speaker declared H 259, as amended in NAYS – Anderson(01), Burgoyne, Clow, Erpelding, the Senate, passed the House. Title was approved and the bill Eskridge, Kloc, McMillan, Pence, Perry, Ringo, Romrell, referred to the Judiciary, Rules, and Administration Committee Rusche, Sims, Thompson, Woodings. Total – 15. for enrolling. Absent and excused – Loertscher, Patterson, Trujillo, Ward-Engelking. Total – 4. H 98, as amended, as amended in the Senate - MEDICAL Paired Votes: INDIGENCY AYE – Bolz NAY – Perry (Pairs enumerated in roll call above.) H 98, as amended, as amended in the Senate, was read the Total – 70. third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared H 120, as amended, as At this time, the Speaker recognized Mr. Rusche to open amended in the Senate, passed the House. Title was approved debate. and the bill referred to the Judiciary, Rules, and Administration The question being, "Shall H 98, as amended, as amended in Committee for enrolling. the Senate, pass?"

Roll call resulted as follows: S 1197 - APPROPRIATIONS - DEPARTMENT OF AYES – Agidius, Anderson(01), Anderson(31), Anderst, COMMERCE - TRAILER Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, S 1197 was read the third time at length, section by section, Denney, Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, and placed before the House for final consideration. Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Malek, McMillan, Meline, At this time, the Speaker recognized Mr. Miller to open Mendive, Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, debate. Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. The question being, "Shall S 1197 pass?" Total – 65. NAYS – Perry. Total – 1. Roll call resulted as follows: Absent and excused – Loertscher, Patterson, Trujillo, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Ward-Engelking. Total – 4. Andrus, Barbieri, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Paired Votes: Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Erpelding, AYE – Bolz NAY – Perry Eskridge, Gannon, Gestrin, Gibbs, Hancey, Hartgen, Henderson, (Pairs enumerated in roll call above.) Hixon, Holtzclaw, Horman, Kauffman, King, Kloc, Luker, Total – 70. Malek, Meline, Miller, Monks, Morse, Moyle, Packer, Palmer, Pence, Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Whereupon the Speaker declared H 98, as amended, as Stevenson, Thompson, VanOrden, Vander Woude, Wills, amended in the Senate, passed the House. Title was approved Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. and the bill referred to the Judiciary, Rules, and Administration Total – 58. Committee for enrolling. NAYS – Barrett, Harris, McMillan, Mendive, Nielsen, Perry, Sims. Total – 7. Absent and excused – Chew, Loertscher, Patterson, Trujillo, H 120, as amended, as amended in the Senate - LOTTERY Ward-Engelking. Total – 5. TICKET SALES Paired Votes: AYE – Moyle NAY – Perry (Pairs enumerated in roll call above.) H 120, as amended, as amended in the Senate, was read the Total – 70. third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1197 passed the House. Title was approved and the bill ordered returned to the At this time, the Speaker recognized Mr. Luker to open Senate. debate. 330 HOUSE JOURNAL April 3, 2013]

There being no objection, the House returned to the Fifth time by title, second time by title, and third time at length, section Order of Business. by section, and placed before the House for final consideration. Report of Standing Committees At this time, the Speaker recognized Mr. DeMordaunt to open debate. April 3, 2013 Mr. Speaker: The question being, "Shall S 1199 pass?" We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 21, Roll call resulted as follows: HCR 22, and HCR 34. AYES – Agidius, Anderson(01), Anderson(31), Anderst, WILLS, Chairman Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Clow, Collins, Dayley, DeMordaunt, Denney, Erpelding, Eskridge, Gannon, The Speaker announced he was about to sign enrolled Gibbs, Hancey, Hartgen, Henderson, Hixon, Horman, Kauffman, HCR 21, HCR 22, and HCR 34 and, when so signed, ordered King, Kloc, Luker, Malek, Meline, Mendive, Miller, Morse, them transmitted to the Senate for the signature of the President. Moyle, Nielsen, Packer, Pence, Raybould, Ringo, Romrell, April 3, 2013 Rusche, Shepherd, Smith, Stevenson, Thompson, VanOrden, Mr. Speaker: Vander Woude, Wood(27), Woodings, Youngblood, Mr. Speaker. We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 51. ADMINISTRATION, report that we have transmitted enrolled NAYS – Barbieri, Barrett, Boyle, Crane, Gestrin, Harris, H 65 to the Governor at 11:30 a.m., as of this date, April 3, 2013. Holtzclaw, McMillan, Monks, Palmer, Sims, Wood(35). WILLS, Chairman Total – 12. Absent and excused – Chew, Loertscher, Patterson, Perry, April 3, 2013 Trujillo, Ward-Engelking, Wills. Total – 7. Mr. Speaker: Total – 70. We, your COMMITTEE ON EDUCATION, report that we have had under consideration S 1199 and recommend that it do Whereupon the Speaker declared that S 1199 passed the pass. House. Title was approved and the bill ordered returned to the DEMORDAUNT, Chairman Senate. S 1199 was filed for second reading. Introduction, First Reading, and Reference of Bills and Joint Resolutions There being no objection, the House advanced to the Seventh Order of Business. HOUSE BILL NO. 345 BY APPROPRIATIONS COMMITTEE Motions, Memorials, and Resolutions AN ACT RELATING TO APPROPRIATIONS AND TRANSFERS S 1199 - EDUCATION OF MONEYS; APPROPRIATING AND TRANSFERRING EXCESS FISCAL YEAR 2013 YEAR-END MONEYS FROM Mr. Moyle moved that all rules of the House interfering with THE GENERAL FUND TO THE BUDGET STABILIZATION the immediate consideration of S 1199 be suspended; that the FUND; AND DECLARING AN EMERGENCY. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be H 345 was introduced, read the first time by title, and dispensed with, this being a case of urgency; and that S 1199 be referred to the Judiciary, Rules, and Administration Committee read the first time by title, second time by title, and third time at for printing. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. There being no objection, the House advanced to the Sixteenth Order of Business. The question being, "Shall the rules be suspended?" Adjournment Roll call resulted as follows: AYES – Agidius, Anderson(01), Anderson(31), Anderst, Mr. Moyle moved that the House adjourn until 9 a.m., Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Thursday, April 4, 2013. Seconded by Mr. Rusche. Motion Burgoyne, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, carried. Erpelding, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Whereupon the Speaker declared the House adjourned at King, Kloc, Luker, Malek, McMillan, Meline, Mendive, 3:22 p.m. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Pence, SCOTT BEDKE, Speaker Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, ATTEST: Stevenson, Thompson, VanOrden, Vander Woude, Wood(27), BONNIE ALEXANDER, Chief Clerk Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 63. NAYS – None. Absent and excused – Chew, Loertscher, Patterson, Perry, Trujillo, Ward-Engelking, Wills. Total – 7. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1199 was read the first [April 4, 2013 HOUSE JOURNAL 331

HOUSE JOURNAL However, it is important to note as I sign this legislation that its fiscal note was inadequate to address the actual costs that the OF THE Idaho Transportation Department and the Idaho State Police will face in its implementation. IDAHO LEGISLATURE The agencies estimate they will be required to shoulder unfunded one-time costs totaling more than $80,000 - a particular FIRST REGULAR SESSION burden when our budgets already are so close to the bone - plus SIXTY-SECOND LEGISLATURE ongoing annual costs of more than $1,500 to integrate this new permit into existing computer systems. Once again, I have no problem at all with the legislation. But I encourage the Legislature to be more forthcoming and thorough EIGHTY-EIGHTH LEGISLATIVE DAY in its assessment of the fiscal impact of legislative actions on our THURSDAY, APRIL 4, 2013 State agencies and, ultimately, on our taxpayers. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter House of Representatives Governor The House convened at 9 a.m., the Speaker in the Chair. Roll call showed 67 members present. OFFICE OF THE GOVERNOR Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. Boise Total – 70. April 3, 2013 Prayer was offered by Chaplain Tom Dougherty. The Honorable Scott Bedke The Pledge of Allegiance was led by Christina Nelson, Page. Speaker of the House Approval of Journal Dear Mr. Speaker: I have the honor to advise you that I have signed today and April 4, 2013 am transmitting to the Secretary of State the following House bill, Mr. Speaker: to wit: We, your COMMITTEE ON JUDICIARY, RULES, AND H 124 ADMINISTRATION, report that we have read and approved the House Journal of the Eighty-seventh Legislative Day and As Always - Idaho, "Esto Perpetua" recommend that same be adopted as corrected. /s/ C.L. "Butch" Otter WILLS, Chairman Governor Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. OFFICE OF THE GOVERNOR Boise Consideration of Messages from the April 4, 2013 Governor and the Senate The Honorable Scott Bedke Speaker of the House OFFICE OF THE GOVERNOR Boise Dear Mr. Speaker: I hereby advise you that I have transmitted to the Office of April 2, 2013 the Secretary of State, with my approval, the following House bill, to wit: The Honorable Scott Bedke H 315 Speaker of the House within the time prescribed by law, the same having arrived in the Dear Mr. Speaker: Office of the Governor at the hour of 8:30 a.m. on March 29, I hereby advise you that I have transmitted to the Office of 2013. the Secretary of State, with my approval, the following House bill, to wit: This legislation is a good and important start toward the H 192 goal of eliminating the personal property tax in Idaho. However, it is only a start, and I would strongly encourage the Legislature within the time prescribed by law, the same having arrived in the to continue the work of relieving all Idaho businesses of this Office of the Governor at the hour of 3:16 p.m. on March 27, burdensome and onerous tax. It is my sincere hope that the 2013. Legislature will revisit the issue in the interest of further stimulating our economy and creating more career opportunities The intent of this bill is laudable, and I appreciate the for our citizens. opportunity for our citizens to improve their self-protection skills in a safe, controlled setting in order to obtain an enhanced For now, please accept my thanks for working through a concealed carry weapons permit. complex and potentially divisive issue and for delivering this 332 HOUSE JOURNAL April 4, 2013] legislation to my desk. It is welcome relief for most Idaho Roll call resulted as follows: businesses. AYES – Agidius, Anderson(01), Anderson(31), Anderst, Andrus, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, As Always - Idaho, "Esto Perpetua" Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, Gannon, /s/ C.L. "Butch" Otter Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Governor Holtzclaw, Horman, Kauffman, King, Loertscher, Luker, Malek, April 3, 2013 Meline, Mendive, Miller, Monks, Morse, Moyle, Nielsen, Mr. Speaker: Packer, Palmer, Pence, Perry, Raybould, Ringo, Romrell, Rusche, I transmit herewith enrolled S 1196 for the signature of the Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Speaker. Vander Woude, Ward-Engelking, Wills, Wood(27), Wood(35), NOVAK, Secretary Woodings, Youngblood, Mr. Speaker. Total – 62. NAYS – Barbieri, Barrett, Boyle, McMillan, Patterson. The Speaker announced he was about to sign enrolled Total – 5. S 1196 and, when so signed, ordered it returned to the Senate. Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. Total – 70. April 3, 2013 Mr. Speaker: Whereupon the Speaker declared SCR 103 adopted and I return herewith H 343 and HCR 36 which have passed the ordered the resolution returned to the Senate. Senate. NOVAK, Secretary There being no objection, the House returned to the Seventh Order of Business. H 343 and HCR 36 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Motions, Memorials, and Resolutions Report of Standing Committees H 345 - APPROPRIATIONS - YEAR-END TRANSFERS April 4, 2013 Mr. Moyle moved that all rules of the House interfering with Mr. Speaker: the immediate consideration of H 345 be suspended; that the We, your COMMITTEE ON JUDICIARY, RULES, AND portions of Section 15, Article 3 of the Constitution of the State ADMINISTRATION, report that we have printed H 345. of Idaho, requiring all bills to be read on three several days be WILLS, Chairman dispensed with, this being a case of urgency; and that H 345 be read the first time by title, second time by title, and third time at H 345 was filed for second reading. length, section by section, and placed before the House for final April 4, 2013 consideration. Seconded by Mr. Rusche. Mr. Speaker: The question being, "Shall the rules be suspended?" We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 206, as Roll call resulted as follows: amended in the Senate, as amended in the Senate, H 221, as AYES – Agidius, Anderson(01), Anderson(31), Anderst, amended in the Senate, H 259, as amended in the Senate, H 98, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, as amended, as amended in the Senate, H 120, as amended, as Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, amended in the Senate, H 343, and HCR 36. Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, WILLS, Chairman Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, The Speaker announced he was about to sign enrolled H 206, King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, as amended in the Senate, as amended in the Senate, H 221, as Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, amended in the Senate, H 259, as amended in the Senate, H 98, Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, as amended, as amended in the Senate, H 120, as amended, as Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, amended in the Senate, H 343, and HCR 36 and, when so signed, Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, ordered them transmitted to the Senate for the signature of the Youngblood, Mr. Speaker. Total – 67. President. NAYS – None. Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. There being no objection, the House advanced to the Tenth Total – 70. Order of Business. Whereupon the Speaker declared that more than two-thirds Second Reading of Bills and Joint Resolutions of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 345 was read the first S 1040, as amended, by Education Committee, was read the time by title, second time by title, and third time at length, section second time by title and filed for third reading. by section, and placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mrs. Bell to open debate. SCR 103 - UNMANNED AIRCRAFT SYSTEM TEST SITE The question being, "Shall H 345 pass?" SCR 103 was read the third time at length and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Youngblood to open AYES – Agidius, Anderson(01), Anderson(31), Anderst, debate. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, The question being, "Shall SCR 103 be adopted?" Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, [April 4, 2013 HOUSE JOURNAL 333

Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Whereupon the Speaker declared that more than two-thirds King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, of the membership having voted in the affirmative, the motion Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, carried, the rules were suspended, and S 1200 was read the first Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, time by title, second time by title, and third time at length, section Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, by section, and placed before the House for final consideration. Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, Youngblood, Mr. Speaker. Total – 67. At this time, the Speaker recognized Mr. Thompson to open NAYS – None. debate. Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. The question being, "Shall S 1200 pass?" Total – 70. Whereupon the Speaker declared that H 345 passed the Roll call resulted as follows: House. Title was approved and the bill ordered transmitted to AYES – Agidius, Anderson(01), Anderson(31), Anderst, the Senate. Andrus, Barrett, Bateman, Batt, Bell, Bolz, Burgoyne, Chew, Clow, Collins, Dayley, DeMordaunt, Eskridge, Gestrin, Gibbs, There being no objection, the House returned to the Fourth Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Order of Business. Kauffman, King, Loertscher, Luker, Malek, Meline, Mendive, Consideration of Messages from the Miller, Morse, Moyle, Nielsen, Packer, Patterson, Pence, Perry, Governor and the Senate Raybould, Ringo, Romrell, Rusche, Shepherd, Smith, Stevenson, Thompson, Trujillo, VanOrden, Ward-Engelking, Wills, April 4, 2013 Wood(27), Woodings, Youngblood, Mr. Speaker. Total – 57. Mr. Speaker: NAYS – Barbieri, Boyle, Crane, Denney, Gannon, McMillan, I transmit herewith S 1200 which has passed the Senate. Monks, Palmer, Sims, Vander Woude, Wood(35). Total – 11. NOVAK, Secretary Absent and excused – Erpelding, Kloc. Total – 2. Paired Votes: S 1200 was filed for first reading. AYE – Trujillo NAY – Crane There being no objection, the House advanced to the Eighth (Pairs enumerated in roll call above.) Order of Business. Total – 70. Introduction, First Reading, and Reference Whereupon the Speaker declared that S 1200 passed the of Bills and Joint Resolutions House. Title was approved and the bill ordered returned to the Senate. S 1200, by Finance Committee, was introduced, read the first time by title, and filed for second reading. S 1040, as amended, - EDUCATION There being no objection, the House returned to the Seventh Mr. Moyle moved that all rules of the House interfering Order of Business. with the immediate consideration of S 1040, as amended, be Motions, Memorials, and Resolutions suspended; that the portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read S 1200 - APPROPRIATIONS - PUBLIC SCHOOLS on three several days be dispensed with, this being a case of SUPPORT PROGRAM urgency; and that S 1040, as amended, be read the first time by title, second time by title, and third time at length, section Mr. Moyle moved that all rules of the House interfering with by section, and placed before the House for final consideration. the immediate consideration of S 1200 be suspended; that the Seconded by Mr. Crane. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that S 1200 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Agidius, Anderson(01), Anderson(31), Anderst, consideration. Seconded by Mr. Rusche. Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Eskridge, The question being, "Shall the rules be suspended?" Gestrin, Gibbs, Hancey, Harris, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, Roll call resulted as follows: McMillan, Mendive, Miller, Monks, Morse, Moyle, Nielsen, AYES – Agidius, Anderson(01), Anderson(31), Anderst, Packer, Palmer, Patterson, Perry, Raybould, Romrell, Shepherd, Andrus, Barbieri, Barrett, Bateman, Batt, Bell, Bolz, Boyle, Sims, Stevenson, Thompson, VanOrden, Vander Woude, Wills, Burgoyne, Chew, Clow, Collins, Crane, Dayley, DeMordaunt, Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 56. Denney, Eskridge, Gannon, Gestrin, Gibbs, Hancey, Harris, NAYS – Burgoyne, Chew, Gannon, King, Meline, Pence, Hartgen, Henderson, Hixon, Holtzclaw, Horman, Kauffman, Ringo, Rusche, Smith, Ward-Engelking, Woodings. Total – 11. King, Loertscher, Luker, Malek, McMillan, Meline, Mendive, Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. Miller, Monks, Morse, Moyle, Nielsen, Packer, Palmer, Patterson, Total – 70. Pence, Perry, Raybould, Ringo, Romrell, Rusche, Shepherd, Sims, Smith, Stevenson, Thompson, VanOrden, Vander Woude, Whereupon the Speaker declared that more than two-thirds Ward-Engelking, Wills, Wood(27), Wood(35), Woodings, of the membership having voted in the affirmative, the motion Youngblood, Mr. Speaker. Total – 67. carried, the rules were suspended, and S 1040, as amended, was NAYS – None. read the first time by title, second time by title, and third time at Absent and excused – Erpelding, Kloc, Trujillo. Total – 3. length, section by section, and placed before the House for final Total – 70. consideration. 334 HOUSE JOURNAL April 4, 2013]

At this time, the Speaker recognized Ms. Boyle to open Whereupon the Speaker declared the motion carried and the debate. First Regular Session of the Sixty-second Legislature adjourned Sine Die at 11:31 a.m., Thursday, April 4, 2013. The question being, "Shall S 1040, as amended, pass?" SCOTT BEDKE, Speaker Roll call resulted as follows: ATTEST: AYES – Anderson(31), Anderst, Andrus, Barbieri, BONNIE ALEXANDER, Chief Clerk Barrett, Bateman, Batt, Bell, Boyle, Clow, Collins, Crane, Dayley, DeMordaunt, Denney, Gestrin, Gibbs, Harris, Hartgen, * * * * * * * * * * * * * * * * * * * * Henderson, Hixon, Holtzclaw, Horman, Kauffman, Loertscher, Luker, Malek, McMillan, Mendive, Miller, Monks, Morse, The following actions were recorded after House Sine Die: Nielsen, Packer, Palmer, Patterson, Raybould, Romrell, Shepherd, Sims, Thompson, VanOrden, Vander Woude, April 4, 2013 Wood(27), Wood(35), Youngblood, Mr. Speaker. Total – 47. Mr. Speaker: NAYS – Agidius, Anderson(01), Bolz, Burgoyne, Chew, I transmit herewith enrolled S 1192, as amended, S 1134, as Eskridge, Gannon, Hancey, King, Kloc, Meline, Moyle, Pence, amended, as amended in the House, as amended in the House, Perry, Ringo, Rusche, Smith, Stevenson, Ward-Engelking, Wills, S 1197, and S 1199 for the signature of the Speaker. Woodings. Total – 21. NOVAK, Secretary Absent and excused – Erpelding, Trujillo. Total – 2. The Speaker announced he was about to sign enrolled S 1192, Paired Votes: as amended, S 1134, as amended, as amended in the House, as AYE – Harris NAY – Kloc amended in the House, S 1197, and S 1199 and, when so signed, (Pairs enumerated in roll call above.) ordered them returned to the Senate. Total – 70. April 4, 2013 Whereupon the Speaker declared that S 1040, as Mr. Speaker: amended, passed the House. Title was approved and the bill I return herewith enrolled HCR 21, HCR 22, HCR 34, ordered returned to the Senate. HCR 33, HCR 31, H 322, H 133, H 327, H 328, H 231, as amended, H 245, H 332, H 333, H 334, H 335, H 317, and There being no objection, the House advanced to the H 324 which have been signed by the President. Eleventh Order of Business. NOVAK, Secretary Third Reading of Bills and Joint Resolutions Enrolled HCR 21, HCR 22, HCR 34, HCR 33, and HCR 31 were referred to the Judiciary, Rules, and Administration Mr. Moyle asked unanimous consent that the remaining bill, Committee for delivery to the Secretary of State. S 1133, as amended, as amended in the House, retain its place on the Third Reading Calendar. There being no objection, it was so Enrolled H 322, H 133, H 327, H 328, H 231, as amended, ordered. H 245, H 332, H 333, H 334, H 335, H 317, and H 324 were referred to the Judiciary, Rules, and Administration Committee There being no objection, the House returned to the Seventh for delivery to the Governor. Order of Business. April 4, 2013 Motions, Memorials, and Resolutions Mr. Speaker: Mr. Moyle asked unanimous consent that committees be I return herewith H 319 and H 345 which have passed the appointed by the Speaker to notify the Governor and the Senate Senate. that the House is ready to adjourn Sine Die. There being no NOVAK, Secretary objection, it was so ordered. H 319 and H 345 were referred to the Judiciary, Rules, and The Speaker appointed Representatives Raybould, Administration Committee for enrolling. Loertscher, and Pence to notify the Governor and Representatives April 4, 2013 Henderson, Collins, and Burgoyne to notify the Senate. The Mr. Speaker: committees were excused. We, your COMMITTEE ON JUDICIARY, RULES, AND The committee appointed to notify the Governor reported ADMINISTRATION, report that we have enrolled H 319 and that it had delivered the message to the Governor. The committee H 345. was thanked and discharged by the Speaker. WILLS, Chairman The committee appointed to notify the Senate reported that The Speaker announced he was about to sign enrolled they had delivered the message to the Senate. The committee was H 319 and H 345 and, when so signed, ordered them transmitted thanked and discharged by the Speaker. to the Senate for the signature of the President. There being no objection, the House advanced to the Sixteenth Order of Business. April 4, 2013 Mr. Speaker: Adjournment We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled Mr. Moyle moved that the First Regular Session of the HCR 21, HCR 22, HCR 34, HCR 33, and HCR 31 to the Sixty-second Legislature adjourn Sine Die. Seconded by Secretary of State at 1:08 p.m., as of this date, April 4, 2013. Mr. Rusche. WILLS, Chairman [April 4, 2013 HOUSE JOURNAL 335

April 4, 2013 April 4, 2013 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I transmit herewith enrolled S 1040, as amended, S 1200, and ADMINISTRATION, report that we have transmitted enrolled SCR 103 for the signature of the Speaker. H 322, H 133, H 327, H 328, H 231, as amended, H 245, H 332, NOVAK, Secretary H 333, H 334, H 335, H 317, and H 324 to the Governor at 12:45 p.m., as of this date, April 4, 2013. The Speaker announced he was about to sign enrolled WILLS, Chairman S 1040, as amended, S 1200, and SCR 103 and, when so signed, ordered them returned to the Senate. OFFICE OF THE GOVERNOR Boise April 4, 2013 April 3, 2013 Mr. Speaker: I return herewith enrolled H 206, as amended in the Senate, The Honorable Scott Bedke as amended in the Senate, H 221, as amended in the Senate, Speaker of the House H 259, as amended in the Senate, H 98, as amended, as amended in the Senate, H 120, as amended, as amended in the Senate, Dear Mr. Speaker: H 343, HCR 36, H 319, and H 345 which have been signed by I have the honor to advise you that I have signed today and the President. am transmitting to the Secretary of State the following House NOVAK, Secretary bills, to wit: Enrolled H 206, as amended in the Senate, as amended H 30, as amended, H 80, H 91, as amended, H 125, H 138, H 171, in the Senate, H 221, as amended in the Senate, H 259, as as amended, H 196, H 197, H 205, H 226, H 232, H 239, H 243, amended in the Senate, H 98, as amended, as amended in the H 261, H 300, H 301, and H 306 Senate, H 120, as amended, as amended in the Senate, H 343, As Always - Idaho, "Esto Perpetua" H 319, and H 345 were referred to the Judiciary, Rules, and /s/ C.L. "Butch" Otter Administration Committee for delivery to the Governor. Governor Enrolled HCR 36 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. THE OFFICE OF THE GOVERNOR Boise April 4, 2013 April 5, 2013 Mr. Speaker: The Honorable Scott Bedke We, your COMMITTEE ON JUDICIARY, RULES, AND Speaker of the House ADMINISTRATION, report that we have transmitted enrolled HCR 36 to the Secretary of State at 12 noon, as of this date, Dear Mr. Speaker: April 5, 2013. I have the honor to advise you that I am transmitting today WILLS, Chairman to the Secretary of State the following bill: April 5, 2013 H 242 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND which, after notifying Secretary Ysursa of a potential conflict of ADMINISTRATION, report that we have transmitted enrolled interest, I allowed to become law without my signature within H 206, as amended in the Senate, as amended in the Senate, the time limited by law. A copy of that letter is attached for your H 221, as amended in the Senate, H 259, as amended in the convenience. Senate, H 98, as amended, as amended in the Senate, H 120, as amended, as amended in the Senate, H 343, H 319, and H 345 to As Always - Idaho, "Esto Perpetua" the Governor at 1:53 p.m., as of this date, April 5, 2013. /s/ C.L. "Butch" Otter WILLS, Chairman Governor OFFICE OF THE GOVERNOR OFFICE OF THE GOVERNOR Boise Boise April 4, 2013 April 9, 2013 The Honorable Scott Bedke The Honorable Scott Bedke Speaker of the House Speaker of the House

Dear Mr. Speaker: Dear Mr. Speaker: 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 House bill, am transmitting to the Secretary of State the following House to wit: bills, to wit: H 222 H 90, as amended, H 98, as amended, as amended in the Senate, As Always - Idaho, "Esto Perpetua" H 133, H 142, as amended in the Senate, as amended in the /s/ C.L. "Butch" Otter Senate, H 150, H 178, H 202, H 215, H 241, H 256, H 257, Governor H 265, as amended, as amended, H 266, H 273, H 274, H 291, 336 HOUSE JOURNAL April 4, 2013]

H 295, H 311, H 312, H 313, H 317, H 318, H 319, H 324, In addition and perhaps more central to the discussion is the H 327, H 328, H 332, H 333, H 334, H 335, and H 345 manner in which this legislation was brought to the Legislature. The Idaho Department of Fish and Game, the Fish and Game As Always - Idaho, "Esto Perpetua" Commission, and Idaho's sportsmen were neither consulted nor /s/ C.L. "Butch" Otter had the opportunity to review the legislation and provide input Governor to the bill's sponsor prior to its introduction. It is important in drafting legislation that discussions with affected parties be held OFFICE OF THE GOVERNOR in earnest so that problems can be solved - not created. Boise In order to craft a long-term, workable solution providing April 11, 2013 for the costs associated with wolf control, I have asked Fish The Honorable Scott Bedke and Game Director Virgil Moore and Agriculture Director Celia Speaker of the House Gould to convene the Fish and Game Advisory Committee to openly discuss the funding issue and to arrive at a collaborative Dear Mr. Speaker: solution. In this way, the groups affected by any changes to I have the honor to advise you that I have signed today and funding mechanisms will be represented and have input. The am transmitting to the Secretary of State the following House sportsmen and livestock owners can work together and design a bills, to wit: proper program. H 45, as amended, H 65, H 120, as amended, as amended in I am committed to finding a durable funding solution the Senate, H 206, as amended in the Senate, as amended in the for wolf control actions and depredation in Idaho, and a plan Senate, H 221, as amended in the Senate, H 231, as amended, collaboratively crafted by sportsmen and livestock producers is H 245, H 258, H 259, as amended in the Senate, H 271, H 275, a better path forward than H 278. H 290, H 322, and H 343 As Always - Idaho, "Esto Perpetua" As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter /s/ C.L. "Butch" Otter Governor Governor * * * * * * * * * * * * * * * * * * * * THE OFFICE OF THE GOVERNOR Boise CERTIFICATE

April 11, 2013 WE, SCOTT BEDKE, Speaker of the House of Representatives, and BONNIE ALEXANDER, Chief Clerk, do The Honorable Scott Bedke hereby certify and attest as follows: Speaker of the House That we have carefully compiled in the House Journal of the First Regular Session of the Sixty-second Legislature all of the Dear Mr. Speaker: proceedings of the Eighty-eighth Legislative Day, and that the I hereby advise you that pursuant to Article IV, Section 10 said Journal contains a full, true, and correct record of all of the of the Idaho Constitution, I am transmitting to the Secretary of proceedings of said House of Representatives for said day and State without my approval, disapproved and vetoed the following final action upon all legislation. House Bill, to wit: IN WITNESS WHEREOF, we have hereunto set our hands, H 278 this 12th day of April, 2013. SCOTT BEDKE, Speaker within the time limited by law, the same having arrived in the Office of the Governor at the hour of 2:03 p.m. on April 1, 2013. ATTEST: BONNIE ALEXANDER, Chief Clerk Throughout my tenure as governor, I have fought for state management of wolves in Idaho. State management was a long time coming. Many promises were made and broken by the federal government and by the organizations that supported wolf introduction in Idaho. We all recognize that wolves have had extreme impacts on wildlife and livestock in Idaho. Sportsmen and livestock owners share concerns about the significant damage wolves have done to deer, elk, moose, cattle, sheep and other domestic livestock. They also share concerns about the effects on Idaho's economy and on rural communities. In light of the fact that the U.S. Fish and Wildlife Service's budget has been cut, possibly impacting wolf control actions, sportsmen and livestock producers understand they must deal with the depredation issue and should be working together on a long-term solution. I have deep concerns that H278 would divide sportsmen and livestock owners, making a cooperative, long-term solution to wolf depredation costs more difficult to achieve. House Journal 2013 SPECIAL PROCEDURE INDEX 337

For legislation subject or topic search, refer to the 2013 Final Bill Status publication, or online at www.legislature.idaho.gov.

Page

ACTING STATE REPRESENTATIVES See - CERTIFICATE OF APPOINTMENT

ATTACHES Approval and Oath of Office...... 15, 25, 100, 137 Pay resolution for employee selection and compensation - HR 1 ...... 7 See - PAGES

CERTIFICATE OF ELECTION From the Secretary of State ...... 1

CERTIFICATE OF APPOINTMENT Barron, Lee - Acting State Representative for Steven Miller ...... 37 Gestrin, Terry - State Representative (Effective August 2, 2012) ...... 1 Hall, Ken - Acting State Representative for JoAn E. Wood...... 107 McLean, Lauren - Acting State Representative for Mat Erpelding ...... 220 Smith, Chris - Acting State Representative for Christy Perry ...... 116

COMMITTEES, DESIGNATE AS PRIVILEGED (RULE 24) Business ...... 111 Environment, Energy & Technology ...... 90, 100 Health & Welfare (for remainder of session) ...... 80 Resources & Conservation (H 247) ...... 150 Transportation & Defense ...... 79, 293

COMMITTEES, SPECIAL Attache Committee assignment ...... 15 Lincoln Day Committee assignment...... 16 Memorial Day Committee assignment ...... 15

COMMITTEES, STANDING Anderson, Eric - Appointed to Resources and Conservation...... 17

CONFLICT OF INTEREST (RULE 38(3)) Anderson(31) - H 181, S 1131...... 153, 227 Andrus - S 1045 ...... 274 Barbieri - H 62 ...... 88 Barrett - H 133 ...... 271 Batt - H 87, H 187, H 157, H 257, S 1025, H 271...... 73, 139, 153, 205, 225, 244 Batt - Excused from voting, S 1104, S 1132, S 1171 ...... 172, 228, 278 Bedke - SCR 106, SCR 108...... 278 Crane - H 206, H 231aa ...... 161, 245 DeMordaunt - H 36, H 243...... 60, 198 Gannon - H 167, H 217, H 167aaS ...... 133, 272, 232 Gibbs - H 117 ...... 135 Hancey - H 167 ...... 133 Horman - H 248 ...... 211 Hixon - H 217 ...... 169 Holtzclaw - H 265aa aa...... 262 Kauffman - S 1117 ...... 268 Loertscher - H 208, H 321 ...... 202, 284 Malek - H 248 ...... 211 Mendive - H 315 ...... 247 Miller - S 1170 ...... 277 Monks - H 41 ...... 67 Morse - H 254, S 1175...... 196, 309 Packer - H 142, H 162, H 248...... 139, 144, 211 Palmer - H 117, H 103...... 135, 138 338 SPECIAL PROCEDURE INDEX House Journal 2013

Perry - H 229...... 171 Sims - H 167, S 1044, H 217, S 1007, S 1050, H 167aaS, H 279, H 133, H 217 ...... 133, 138, 169, 206, 218, 232, 253, 271, 272 Stevenson - H 315...... 247 Vander Woude - H 110, H 120aa, H 257...... 114, 197, 205 VanOrden - H 208 ...... 202 Ward-Engelking - H 220 ...... 155 Wills - H 193aa, H 80 ...... 197, 244 Wood(27) - H 248 ...... 211 Youngblood - H 9, S 1117...... 78, 268

EMERGENCY FUND LETTER From the Governor...... 17

GOVERNOR Emergency Fund Letter...... 17 State of the State Address/Budget Address ...... 8

GUEST SPEAKERS Burdick, Roger S., Chief Justice - State of the Judiciary Address ...... 40 Otter, C.L. "Butch", Governor - State of the State Message/Budget Address ...... 8 Stevens, Denis, Consul General of Canada in Seattle ...... 216

HOUSE RULES Rule 22 - Limitation on Debate ...... 97, 152, 161, 267, 268, 289, 296 Rule 24 - See COMMITTEES, DESIGNATE AS PRIVILEGED Rule 38(3) - See CONFLICT OF INTEREST Rule 40 - See RECONSIDERATION Rule 70 - Decorum...... 169, 171

JOINT SESSION 1 p.m., January 7, 2013...... 7 HCR 1 - For purpose of hearing Governor's message ...... 7

LINCOLN DAY PROGRAM Committee assignment ...... 16 Program...... 83

MEMORIAL PROGRAM Committee assignment ...... 15 Program...... 103 Honorees Barraclough, Jack T...... 103 Cobbs, Lyle R...... 103 Fitzwater, Beth...... 103 Jones, Jim ...... 104 Koch Sr., Karl E...... 104 Swisher, Perry...... 104

ORGANIZATIONAL SESSION ...... 1

PAGES 1st half of session - approval and oath of office ...... 15 2nd half of session - approval and oath of office...... 100, 137

PROGRAMS Lincoln Day...... 83 Memorial...... 103

SINE DIE Organizational Session - 11:47 a.m., December 7, 2012 ...... 5 Regular Session - 11:31 a.m., Thursday, April 4, 2013 ...... 334 House Journal 2013 SPECIAL PROCEDURE INDEX 339

SPEAKER OF THE HOUSE ELECTED Scott Bedke, December 6, 2012...... 2

STATE OF THE JUDICIARY ADDRESS Chief Justice Roger S. Burdick...... 40

STATE OF THE STATE MESSAGE/BUDGET ADDRESS Governor C. L. "Butch" Otter...... 8

TYPOGRAPHICAL CORRECTIONS (RULE 46) H 321 ...... 284

VETOED BILL H 278 ...... 336

VISITORS See GUEST SPEAKERS 340 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

1 Rev & Tax 19 INCOME TAXES ...... 25 68 LAW

2 Rev & Tax 22 INCOME TAX ...... 39 96 LAW

3 Rev & Tax 22 TAX COMMISSION ...... 39 96 LAW

4 Rev & Tax 22 TAX COMMISSION ...... 39 96 LAW

5 Rev & Tax 22 CIGARETTES ...... 45 110 LAW

6 Rev & Tax 22 FOREIGN LANGUAGE USE ...... - 25 H Rev/Tax

7 Business 22 FINANCE DEPARTMENT ...... 77 209 LAW

8 Business 23 COMMERCIAL TRANSACTIONS ...... 77 209 LAW

9 Business 23 BANKS AND BANKING ...... 78 209 LAW

10 Business 23 RESIDENTIAL MORTGAGE PRACTICES ACT ...... 81 212 LAW

11 Business 24 CASUALTY INSURANCE ...... 56 209 LAW

12 aaS Rev & Tax 24 SALES AND USE TAX ...... 125 157 LAW (Senate Amendments - See Senate Journal)

13 Rev & Tax 24 SALES AND USE TAX ...... 284 284 H FAILED

14 Rev & Tax 24 PROPERTY TAXATION ...... 45 116 LAW

15 Rev & Tax 24 SALES AND USE TAX ...... 45 116 LAW

16 Health & W 26 PRESCRIPTION TRACKING ...... 51 110 LAW

17 Health & W 26 PHARMACY ...... 82 149 LAW

18 Health & W 26 UNIFORM CONTROLLED SUBSTANCES ...... - 28 H Health/Wel

19 Transp & Def 27 AIRPORTS ...... 53 116 LAW

20 Transp & Def 27 MOTOR FUELS TAX ...... 54 131 LAW

21 Transp & Def 27 MUNICIPAL AIRPORTS ...... 54 116 LAW

22 Rev & Tax 27 INCOME TAXATION ...... 45 116 LAW

23 Rev & Tax 27 BEER TAXATION ...... 46 116 LAW

24 Rev & Tax 27 SALES TAX REVENUES - ELECTIONS ...... 57 131 LAW

25 Rev & Tax 27 PROPERTY TAX ADMINISTRATION ...... 57 131 LAW

26 Business 28 HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS ...... 63 264 LAW

27 Business 28 PLUMBERS ...... - 60 H Bus

28 Business 28 MANUFACTURED HOME DEALER AND INSTALLER LICENSING ...... 64 209 LAW

29 J R & A 32 JUDICIAL DISTRICTS ...... 81 183 LAW House Journal 2013 BILL INDEX 341

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

30 aa J R & A 32 OATHS AND AFFIRMATIONS ...... 181 335 LAW (House Amendments - p. 163)

31 Health & W 35 DENTISTRY BOARD ...... - 37 H Health/Wel

32 Health & W 35 PSYCHOLOGIST EXAMINERS ...... 57 116 LAW

33 Health & W 35 OCCUPATIONAL THERAPY LICENSING ...... 57 116 LAW

34 Health & W 35 SPEECH AND HEARING SERVICES PRACTICE ACT .... 60 60 S Health/Wel

35 Health & W 35 SOCIAL WORK EXAMINERS ...... 60 116 LAW

36 Health & W 35 OCCUPATIONAL LICENSES ...... 60 60 S Health/Wel

37 E E & T 35 WOOD AND MILL YARD DEBRIS ...... 53 116 LAW

38 E E & T 35 COMPREHENSIVE STATE WATER PLAN ...... - 232 H Res/Con

39 Transp & Def 35 RECREATIONAL VEHICLES ...... 63 116 LAW

40 Transp & Def 35 CROSS-COUNTRY SKIING ADVISORY COMMITTEES ...... 63 149 LAW

41 Health & W 35 DRIVER'S LICENSES ...... 67 270 LAW

42 State Affairs 37 COUNTIES ...... 63 209 LAW

43 C & H R 37 COMMERCE DEPARTMENT - ECONOMIC ADVISORY COUNCIL ...... 82 264 LAW

44 C & H R 38 EMPLOYMENT SECURITY LAW ...... 77 264 LAW

45 aa Business 38 ENGINEERS AND SURVEYORS ...... 180 336 LAW (House Amendments - p. 162)

46 Business 38 FIRE ESCAPES AND DOORS ...... 64 264 LAW

47 Res & Cons 38 WATERMASTERS ...... 106 209 LAW

48 Res & Cons 38 INJECTION WELLS ...... 94 209 LAW

49 Res & Cons 38 INJECTION WELLS ...... 94 209 LAW

50 Res & Cons 38 HYDROPOWER ...... 106 209 LAW

51 Rev & Tax 39 AGRICULTURE - TAX CREDIT ...... - 41 H Rev/Tax

52 Rev & Tax 39 CIRCUIT BREAKER PROPERTY TAX RELIEF PROGRAM ...... 57 131 LAW

53 State Affairs 41 BOND BANK AUTHORITY ...... 61 264 LAW

54 State Affairs 42 HEALTH INSURANCE EXCHANGE ...... 94 94 S Com/HuRes

55 State Affairs 42 TELEPHONE SOLICITATION ACT ...... 94 270 LAW

56 King 42 MINIMUM WAGE ...... - 44 H Com/HuRes

57 King 42 MINIMUM WAGES ...... - 44 H Com/HuRes 342 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

58 State Affairs 42 LIEN WITHDRAWAL ...... - 63 H St Aff

59 Rusche 42 BALLOTS ...... - 44 H St Aff

60 Gannon 42 VOTER REGISTRATION ...... - 44 H St Aff

61 King 42 INDEPENDENT ETHICS COMMISSION ACT ...... - 44 H St Aff

62 Packer 42 SALES TAX EXEMPTIONS ...... 88 88 S Loc Gov

63 Woodings 42 ABSENTEE VOTING ...... - 44 H St Aff

64 Ag Affairs 44 ANIMAL CRUELTY ...... - 47 H Agric Aff

65 Education 44 EDUCATION ...... 109 336 LAW

66 aaS Transp & Def 47 AGRICULTURE ...... 199 230 LAW (Senate Amendments - See Senate Journal)

67 Education 47 EDUCATION ...... - 49 H Educ

68 Education 47 EDUCATION ...... - 49 H Educ

69 Education 48 EDUCATION AND CONTRACTS ...... - 49 H Educ

70 Rev & Tax 48 TAXES ...... - 49 H Rev/Tax

71 Rev & Tax 48 TAX DEEDS - SALE ...... - 49 H Rev/Tax

72 Rev & Tax 48 INCOME TAX CREDITS ...... 81 190 LAW

73 aaS State Affairs 49 INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS ...... 272 318 LAW (Senate Amendments - See Senate Journal)

74 Business 49 ARCHITECTURAL EXAMINERS ...... - 88 H Bus

75 Business 50 INSURANCE - MOTORCYCLE OPERATORS ...... - 52 H Transp

76 Business 50 TRUST DEEDS ...... 81 318 LAW

77 J R & A 50 CONTROLLED SUBSTANCES ...... - 65 H Jud

78 J R & A 50 MOTOR VEHICLES ...... - 59 H W/M

79 J R & A 50 EMERGENCY TELECOMMUNICATIONS ...... - 52 H Loc Gov

80 J R & A 51 EMERGENCY COMMUNICATIONS ...... 244 335 LAW

81 Education 52 HIGHER EDUCATION INSTITUTIONS ...... 72 149 LAW

82 Education 52 EDUCATION - WORKER'S COMPENSATION ...... 72 209 LAW

83 Education 52 PROPRIETARY SCHOOLS ...... 73 149 LAW

84 Education 52 EDUCATION ...... 73 149 LAW

85 Transp & Def 53 HIGHWAY DISTRICTS ...... 72 116 LAW

86 Rev & Tax 53 TAXES ...... 101 209 LAW House Journal 2013 BILL INDEX 343

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

87 Rev & Tax 53 EXCISE TAX - WINERIES ...... 73 131 LAW

88 Rev & Tax 53 SPECIAL TAX CREDIT ...... 97 97 S Loc Gov

89 Health & W 55 PHYSICIAN ASSISTANT ADVISORY COMMITTEE ...... 101 209 LAW

90 aa J R & A 55 LIQUOR BY THE DRINK - RETAIL SALES ...... 197 335 LAW (House Amendments - p. 162)

91 aa C & H R 56 EMPLOYMENT SECURITY LAW ...... 181 335 LAW (House Amendments - p. 163 and 199)

92 Business 56 INSURANCE HOLDING COMPANY SYSTEMS ...... - 59 H Bus

93 Res & Cons 56 FOREST AND RANGE FIRES ...... 129 209 LAW

94 Rev & Tax 59 LOCAL IMPROVEMENT DISTRICTS ...... - 62 H Rev/Tax

95 Rev & Tax 60 BOARD OF EQUALIZATION - TAX APPEALS ...... - 62 H Rev/Tax

96 Ag Affairs 62 VETERINARIANS ...... 124 230 LAW

97 Ag Affairs 62 VETERINARIANS ...... 125 125 S Agric Aff

98 aa,aaS Health & W 66 MEDICAL INDIGENCY ...... 329 335 LAW (House Amendments - p. 162) (Senate Amendments - See Senate Journal)

99 Health & W 66 UNIFORM CONTROLLED SUBSTANCES ...... - 68 H Health/Wel

100 Business 66 IDAHO OPPORTUNITY FUND ...... 101 264 LAW

101 J R & A 66 CRIMINAL HISTORY RECORDS ...... - 68 H Jud

102 J R & A 66 POLICE FORENSIC LABORATORY ...... 144 318 LAW

103 J R & A 66 FEES ...... 138 230 LAW

104 J R & A 67 EMINENT DOMAIN ...... - 68 H Jud

105 J R & A 67 SEXUAL OFFENDER REGISTRATION ACT ...... 145 270 LAW

106 Rev & Tax 67 TAX CREDITS ...... - 114 H Rev/Tax

107 State Affairs 68 ABSENTEE VOTING ...... 119 270 LAW

108 State Affairs 68 CORONER'S INQUESTS ...... - 75 H St Aff

109 Health & W 69 PHARMACY BOARD ...... 119 212 LAW

110 Ag Affairs 69 DAIRY PRODUCTS ...... 114 318 LAW

111 aa Ag Affairs 69 ANIMAL CARE ...... 319 319 S Agric Aff (House Amendments - p. 302)

112 Ag Affairs 69 HONEY ADVERTISING COMMISSION ...... 115 230 LAW

113 aa Ag Affairs 69 AGRITOURISM PROMOTION ACT ...... 181 318 LAW (House Amendments - p. 163) 344 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

114 Ag Affairs 69 GRAPE GROWERS AND WINE PRODUCERS COMMISSION ...... - 75 H Agric Aff

115 Appropriations 69 APPROPRIATIONS - DEFICIENCY WARRANTS ...... 88 149 LAW

116 Transp & Def 69 TITLING AND REGISTRATION ...... - 75 H Transp

117 Transp & Def 71 AERONAUTICS ...... 135 264 LAW

118 Transp & Def 71 AIRCRAFT REGISTRATION ...... 134 264 LAW

119 Transp & Def 71 SAFETY RESTRAINTS ...... - 75 H Transp

120 aa,aaS State Affairs 75 LOTTERY TICKET SALES ...... 329 336 LAW (House Amendments - p. 164) (Senate Amendments - See Senate Journal)

121 State Affairs 76 CREDIT RATING ENHANCEMENT COMMITTEE ...... 133 325 LAW

122 Appropriations 76 APPROPRIATIONS - SOIL AND WATER CONSERVATION COMMISSION ...... 95 209 LAW

123 Appropriations 76 APPROPRIATIONS- LAVA HOT SPRINGS FOUNDATION ...... 95 209 LAW

124 J R & A 76 PARDONS AND GOVERNING RULES ...... 154 331 LAW

125 J R & A 76 GUARDIANSHIP - CONSERVATORSHIP ...... 145 335 LAW

126 J R & A 76 ASSAULT AND BATTERY ...... - 79 H Jud

127 Business 76 OCCUPATIONAL LICENSES ...... 106 318 LAW

128 Res & Cons 76 WATER ...... 129 209 LAW

129 Res & Cons 76 IRRIGATION DISTRICTS ...... 129 209 LAW

130 aaS Res & Cons 76 IRRIGATION DISTRICTS - ELECTIONS ...... 232 270 LAW (Senate Amendments - See Senate Journal)

131 Res & Cons 77 WATER ...... 144 230 LAW

132 Res & Cons 77 FOREST AND RANGE FIRE ...... 130 209 LAW

133 Local Gov 80 COUNTY RECORDER FEES ...... 271 335 LAW

134 Local Gov 80 HOSPITALS - INVESTMENTS ...... - 83 H Loc Gov

135 Local Gov 80 REVENUE ALLOCATION AREAS ...... - 83 H Loc Gov

136 Local Gov 80 LOCAL LAND USE PLANNING ...... - 83 H Loc Gov

137 Local Gov 80 URBAN RENEWAL ...... 114 209 LAW

138 Local Gov 80 PLATS ...... 203 335 LAW

139 Rev & Tax 80 INCOME TAXES - PARTNERSHIP INCOME ...... 130 230 LAW

140 Rev & Tax 80 PROPERTY TAXATION ...... 118 270 LAW

141 Rev & Tax 80 EXEMPTIONS FROM PROPERTY TAXATION ...... 118 264 LAW House Journal 2013 BILL INDEX 345

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

142 aaS,aaS Health & W 85 DENTISTS ...... 316 335 LAW (Senate Amendments - See Senate Journal)

143 Res & Cons 85 INVASIVE SPECIES ...... - 211 H W/M

144 Res & Cons 85 WELL CONSTRUCTION STANDARDS ...... - 90 H Res/Con

145 Res & Cons 86 FISH AND GAME ...... - 90 H Res/Con

146 Res & Cons 86 FISH AND GAME ...... - 90 H Res/Con

147 J R & A 86 EXAMINATION OF CASE AND DISCHARGE ...... 152 325 LAW

148 J R & A 86 CHILD PROTECTIVE ACT ...... 152 325 LAW

149 J R & A 86 JUVENILE CORRECTIONS ...... 153 325 LAW

150 J R & A 86 COUNTY FINANCES - CLAIMS AGAINST COUNTY .... 258 335 LAW

151 J R & A 86 MOTOR VEHICLES ...... - 90 H Transp

152 J R & A 86 SENTENCING ...... - 90 H Jud

153 J R & A 87 JURY SELECTION AND SERVICE ...... 125 212 LAW

154 J R & A 87 JUDGMENT ...... - 90 H Jud

155 J R & A 87 DRIVER'S LICENSES - CELL PHONE AND WIRELESS DEVICE USE ...... - 144 H Transp

156 C & H R 87 PERSONNEL SYSTEM ...... - 90 H Com/HuRes

157 Rev & Tax 87 SALES AND USE TAX ...... 153 153 S Loc Gov

158 Rev & Tax 87 FIRE PROTECTION DISTRICTS - LEVIES ...... - 90 H Rev/Tax

159 State Affairs 87 RETAIL SALE OF LIQUOR ...... 134 291 LAW

160 State Affairs 87 REGULATORY TAKINGS ...... - 90 H St Aff

161 State Affairs 87 ELECTION CONSOLIDATION ...... 124 270 LAW

162 Education 91 COSMETICIANS ...... 144 318 LAW

163 Education 91 EDUCATION ...... 119 212 LAW

164 Education 92 EDUCATION ...... - 96 H Educ

165 Education 92 EDUCATION AND CONTRACTS ...... - 96 H Educ

166 Appropriations 92 APPROPRIATIONS - MILITARY DIVISION ...... 105 209 LAW

167 aaS Transp & Def 92 MOTOR VEHICLE DEALERS AND SALESMEN ...... 232 270 LAW (Senate Amendments - See Senate Journal)

168 Transp & Def 92 MOTOR CARRIER CONTRACTS ...... 138 230 LAW

169 Transp & Def 93 LICENSE PLATES ...... 124 230 LAW

170 Transp & Def 93 REAL ESTATE APPRAISERS ...... 153 270 LAW 346 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

171 aa Transp & Def 93 HIGHWAYS ...... 197 335 LAW (House Amendments - p. 163)

172 Transp & Def 93 HIGHWAYS ...... - 96 H W/M

173 Transp & Def 93 FLOODING HIGHWAYS ...... - 96 H W/M

174 Appropriations 93 APPROPRIATIONS - DEPARTMENT OF WATER RESOURCES ...... 105 209 LAW

175 State Affairs 93 LIVESTOCK LIENS ...... 134 230 LAW

176 State Affairs 93 ABSENTEE VOTING ...... 196 306 S FAILED

177 aaS State Affairs 93 COLLEGE SAVINGS PROGRAM ...... 217 264 LAW (Senate Amendments - See Senate Journal)

178 Health & W 93 IMMUNIZATION BOARDS ...... 144 335 LAW

179 Health & W 93 HEALTH INSURANCE EXCHANGE ...... - 96 H Health/Wel

180 Appropriations 97 APPROPRIATIONS - HEALTH AND WELFARE DEPARTMENT - WELFARE DIVISION ...... 109 209 LAW

181 State Affairs 97 CAPITOL MAINTENANCE RESERVE FUND ...... 153 264 LAW

182 State Affairs 97 HORSE RACING ...... - 99 H St Aff

183 State Affairs 97 CITIES ...... 145 325 LAW

184 Rev & Tax 100 INCOME TAX ...... 139 264 LAW

185 E E & T 100 DRINKING WATER AND WASTEWATER PROFESSIONALS ...... 134 318 LAW

186 Rev & Tax 100 TAXATION ...... - 105 H Rev/Tax

187 Rev & Tax 101 USE TAX ...... 139 264 LAW

188 Health & W 108 PATIENT CARE RECORDS ...... 164 264 LAW

189 Health & W 108 HOSPITALIZATION - MENTALLY ILL ...... - 169 H Health/Wel

190 Health & W 108 HEALTH CARE PRACTITIONER TRANSPARENCY ACT ...... - 110 H Health/Wel

191 Health & W 108 MINORS - TANNING DEVICES ...... - 110 H Health/Wel

192 State Affairs 108 CONCEALED WEAPONS ...... 146 331 LAW

193 aa State Affairs 108 EMERGENCY TELECOMMUNICATIONS ...... 197 325 LAW (House Amendments - p. 163 and 199)

194 State Affairs 111 WORKER'S COMPENSATION ...... - 116 H Com/HuRes

195 State Affairs 111 LIQUOR BY THE DRINK ...... - 116 H St Aff

196 Business 112 INSURANCE ...... 154 335 LAW

197 Business 112 INSURANCE HOLDING COMPANY SYSTEMS ...... 146 335 LAW House Journal 2013 BILL INDEX 347

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

198 Business 112 DELIVERY OF INSURANCE POLICIES BY INSURERS ...... - 116 H Bus

199 Business 112 SELF-FUNDED HEALTH CARE PLAN ...... 154 318 LAW

200 Rev & Tax 113 FIRE PROTECTION DISTRICTS ...... - 116 H Rev/Tax

201 Rev & Tax 114 FIRE PROTECTION DISTRICTS ...... - 116 H Rev/Tax

202 State Affairs 117 ADMINISTRATIVE PROCEDURE ACT ...... 198 335 LAW

203 Appropriations 117 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - INDIRECT SUPPORT SERVICES AND PUBLIC HEALTH SERVICES ...... 139 212 LAW

204 Rev & Tax 117 PROPERTY TAXATION ...... - 121 H Rev/Tax

205 Education 117 EDUCATION ...... 145 335 LAW

206 aaS,aaS Education 117 PUBLIC CHARTER SCHOOLS ...... 328 336 LAW (Senate Amendments - See Senate Journal)

207 State Affairs 118 PUBLIC RECORDS ...... - 121 H Jud

208 State Affairs 118 LIVESTOCK ...... 202 202 H FAILED

209 State Affairs 118 MOTOR CARRIERS ...... - 121 H Transp

210 Appropriations 122 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MEDICAL ASSISTANCE SERVICES ...... 145 230 LAW

211 Health & W 122 PHYSICIANS AND SURGEONS ...... 165 264 LAW

212 Health & W 123 CORD BLOOD BANKING ...... - 127 H Health/Wel

213 Health & W 123 JUDGMENT ...... - 127 H Jud

214 Health & W 123 HEALTH AND WELFARE ...... 154 270 LAW

215 State Affairs 123 BALLOTS ...... 217 335 LAW

216 State Affairs 123 GUYED TOWERS ...... 165 318 LAW

217 aaS State Affairs 123 MOTOR VEHICLES ...... 272 322 LAW (Senate Amendments - See Senate Journal)

218 Education 128 SCHOOL BONDS ...... 176 318 LAW

219 State Affairs 132 FEDERAL FIREARM, MAGAZINE AND REGISTER BAN ENFORCEMENT ACT ...... 195 195 S St Aff

220 State Affairs 132 HORSE RACING ...... 155 270 LAW

221 aaS Education 132 EDUCATION ...... 328 336 LAW (Senate Amendments - See Senate Journal)

222 State Affairs 137 VETERANS RECOGNITION ACT ...... 198 335 LAW

223 State Affairs 137 CONCEALED WEAPONS ...... 176 325 LAW

224 Education 137 EDUCATION ...... 170 270 LAW 348 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

225 Education 137 EDUCATION ...... 170 318 LAW

226 Education 137 EDUCATION ...... 170 335 LAW

227 Rev & Tax 137 EDUCATION ...... - 141 H Rev/Tax

228 Rev & Tax 137 PROPERTY TAX ...... - 141 H Rev/Tax

229 State Affairs 138 FIREARMS - EXPLOSIVES - OTHER DEADLY WEAPONS ...... - 171 H St Aff

230 State Affairs 142 STATE AMPHIBIAN ...... - 147 H St Aff

231 aa State Affairs 142 PUBLIC WORKS ...... 245 336 LAW (House Amendments - p. 214 and 258)

232 State Affairs 143 INSURANCE CONTRACTS ...... 178 335 LAW

233 Appropriations 143 APPROPRIATION - COMMISSION ON THE ARTS ...... 161 264 LAW

234 Appropriations 143 APPROPRIATIONS - DIVISION OF HUMAN RESOURCES ...... 161 264 LAW

235 Appropriations 143 APPROPRIATIONS - PERSI ...... 161 264 LAW

236 Appropriations 143 APPROPRIATION - IDAHO STATE LOTTERY ...... 162 264 LAW

237 Appropriations 143 APPROPRIATION - BUILDING SAFETY ...... 162 264 LAW

238 Appropriations 143 APPROPRIATIONS - DEPARTMENT OF FINANCE ...... 164 264 LAW

239 Health & W 143 PHARMACISTS ...... 217 335 LAW

240 State Affairs 143 PORT DISTRICTS - FIBER OPTIC SERVICE ...... - 147 H St Aff

241 Health & W 148 SCRAP DEALERS ...... 248 335 LAW

242 Rev & Tax 151 PROPERTY TAXATION ...... 196 335 LAW

243 Rev & Tax 151 SALES TAXATION ...... 198 335 LAW

244 Rev & Tax 151 FIRE PROTECTION DISTRICTS ...... 179 318 LAW

245 State Affairs 151 ATHLETIC COMMISSION ...... 204 336 LAW

246 State Affairs 151 DEVELOPMENT IMPACT FEES ...... - 167 H Loc Gov

247 Res & Cons 151 COMPREHENSIVE STATE WATER PLAN ...... - 157 H Res/Con

248 Health & W 152 HEALTH INSURANCE EXCHANGE ...... 211 315 LAW

249 Rev & Tax 152 PROPERTY TAX ...... - 157 H Rev/Tax

250 Rev & Tax 152 SALES TAX - EXEMPTIONS ...... 243 243 S Loc Gov

251 Appropriations 159 APPROPRIATIONS - INDUSTRIAL COMMISSION ...... 177 264 LAW

252 Appropriations 159 APPROPRIATIONS - DEPARTMENT OF INSURANCE .... 196 264 LAW

253 Appropriations 159 APPROPRIATIONS - PUBLIC UTILITIES COMMISSION ...... 177 264 LAW House Journal 2013 BILL INDEX 349

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

254 Appropriations 160 APPROPRIATIONS - ENVIRONMENTAL QUALITY DEPARTMENT ...... 196 264 LAW

255 Appropriations 160 APPROPRIATIONS - LABOR DEPARTMENT ...... 178 264 LAW

256 State Affairs 160 CHILD PROTECTIVE ACT ...... 224 335 LAW

257 State Affairs 160 BEER AND WINE ...... 205 335 LAW

258 State Affairs 160 CONCEALED WEAPONS ...... 225 336 LAW

259 aaS Education 168 EDUCATION ...... 328 336 LAW (Senate Amendments - See Senate Journal)

260 Education 168 EDUCATION ...... 215 215 S Educ

261 Education 168 EDUCATION ...... 205 335 LAW

262 Appropriations 168 APPROPRIATIONS - STATE APPELLATE PUBLIC DEFENDER ...... 198 264 LAW

263 Appropriations 168 APPROPRIATIONS - ATTORNEY GENERAL ...... 198 264 LAW

264 Education 168 BOARD OF EDUCATION ...... - 174 H Educ

265 aa,aa State Affairs 169 PUBLIC WORK ...... 262 335 LAW (House Amendments - p. 215 and 251)

266 State Affairs 169 VETERINARY MEDICINE ...... 257 335 LAW

267 Rev & Tax 169 TRANSPORTATION AND ECONOMIC DEVELOPMENT ZONES ...... - 174 H Rev/Tax

268 Health & W 175 MINORS - TANNING DEVICES ...... 232 232 H FAILED

269 Appropriations 175 APPROPRIATIONS - DEPARTMENT OF LANDS ...... 203 315 LAW

270 Appropriations 175 APPROPRIATIONS - DEPARTMENT OF WATER RESOURCES ...... 203 315 LAW

271 Rev & Tax 175 WATER QUALITY ...... 244 336 LAW

272 Rev & Tax 175 PERSONAL PROPERTY TAX ...... - 183 H Rev/Tax

273 State Affairs 188 MOTOR VEHICLE FINANCIAL RESPONSIBILITY ...... 262 335 LAW

274 State Affairs 188 TRAFFIC SAFETY EDUCATION PROGRAM ...... 252 335 LAW

275 Education 188 EDUCATION ...... 243 336 LAW

276 Rev & Tax 193 PERSONAL PROPERTY TAX ...... - 200 H Rev/Tax

277 State Affairs 194 WELL CONSTRUCTION STANDARDS ...... - 264 H Held at Desk

278 State Affairs 194 FISH AND GAME ...... 258 336 VETOED

279 State Affairs 194 REGISTRATIONS ...... 253 253 S Transp

280 State Affairs 194 FIREARMS - EXPLOSIVES - OTHER DEADLY WEAPONS ...... 216 216 S St Aff 350 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

281 State Affairs 194 CITY COUNCILMEN - ELECTIONS ...... - 200 H St Aff

282 Education 195 BOARD OF EDUCATION ...... - 200 H Educ

283 Appropriations 195 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - CHILD WELFARE - DEVELOPMENTALLY DISABLED SERVICES ...... 216 325 LAW

284 Appropriations 195 APPROPRIATIONS - OFFICE OF DRUG POLICY ...... 216 325 LAW

285 Appropriations 195 APPROPRIATIONS - COMMISSION ON AGING ...... 216 325 LAW

286 Rev & Tax 201 EDUCATION ...... 252 252 S Loc Gov

287 Rev & Tax 201 INCOME TAX LAW - INFLATION CALCULATION ...... - 210 H Rev/Tax

288 Health & W 201 MEDICAID - DENTAL SERVICES ...... - 210 H Health/Wel

289 Health & W 201 FREE-MARKET HEALTH PLANS ...... - 210 H Bus

290 Health & W 202 WEIGHT LIMITATIONS FOR MOTOR VEHICLES ...... 272 336 LAW

291 Health & W 202 HOSPITALIZATION - MENTALLY ILL ...... 244 335 LAW

292 Health & W 202 ASSAULT AND BATTERY ...... 252 315 S FAILED

293 Appropriations 202 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE- MENTAL HEALTH SERVICES/ PSYCHIATRIC HOSPITALIZATION/ SUBSTANCE ABUSE TREATMENT AND PREVENTION ...... 224 325 LAW

294 Education 210 PROPRIETARY SCHOOLS ...... - 212 H Educ

295 Education 210 EDUCATIONAL SUPPORT PROGRAM ...... 258 335 LAW

296 Appropriations 213 APPROPRIATIONS - PARDONS AND PAROLE COMMISSION ...... 235 325 LAW

297 Appropriations 213 APPROPRIATIONS - TRANSPORTATION DEPARTMENT ...... 236 325 LAW

298 Appropriations 213 APPROPRIATIONS - IDAHO STATE HISTORICAL SOCIETY ...... 236 325 LAW

299 Appropriations 213 APPROPRIATIONS - FINANCIAL MANAGEMENT DIVISION ...... 236 325 LAW

300 Appropriations 213 APPROPRIATIONS - LEGISLATIVE COUNCIL ...... 237 335 LAW

301 Appropriations 213 APPROPRIATIONS - GOVERNOR, EXECUTIVE OFFICE OF ...... 237 335 LAW

302 Appropriations 213 APPROPRIATIONS - MILITARY DIVISION ...... 238 325 LAW

303 Appropriations 213 APPROPRIATIONS - IDAHO STATE POLICE ...... 243 325 LAW

304 Appropriations 214 APPROPRIATIONS - BRAND INSPECTION AND RACING COMMISSION ...... 243 325 LAW

305 Appropriations 214 APPROPRIATIONS - JUVENILE CORRECTIONS DEPARTMENT ...... 243 325 LAW House Journal 2013 BILL INDEX 351

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

306 Appropriations 214 APPROPRIATIONS - SUPREME COURT ...... 244 335 LAW

307 Education 214 EDUCATION ...... - 220 H Educ

308 Health & W 223 INDIGENT SICK ...... - 230 H Health/Wel

309 Health & W 223 MEDICAL ASSISTANCE ...... - 230 H Health/Wel

310 Appropriations 224 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - INDEPENDENT COUNCILS/INDIRECT SUPPORT SERVICES/LICENSING AND CERTIFICATION ...... 248 325 LAW

311 Appropriations 231 APPROPRIATIONS - DEPARTMENT OF ADMINISTRATION ...... 257 335 LAW

312 Appropriations 231 APPROPRIATIONS - BOND PAYMENT PROGRAM ...... 257 335 LAW

313 Appropriations 231 APPROPRIATIONS - PERMANENT BUILDING FUND .... 257 335 LAW

314 Education 238 EDUCATION BOARD ...... 263 263 S Educ

315 Ways & Means 238 PERSONAL PROPERTY TAX ...... 247 331 LAW

316 Education 242 EDUCATION ...... - 249 H Educ

317 Education 242 EDUCATION ...... 285 335 LAW

318 Education 242 EDUCATION ...... 261 335 LAW

319 Education 242 EDUCATION ...... 261 335 LAW

320 Ways & Means 246 AUTOPSIES ...... - 246 H St Aff

321 Ways & Means 246 HIGHWAYS ...... 284 325 LAW

322 Ways & Means 246 OVERWEIGHT OR OVERSIZE LOADS ...... 269 336 LAW

323 Appropriations 250 APPROPRIATIONS - PUBLIC SCHOOLS SUPPORT PROGRAM ...... 266 306 S FAILED

324 Ways & Means 253 INTERSTATE COMPACT - EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN ...... 285 335 LAW

325 Education 256 EDUCATION ...... 267 267 S Educ

326 Rev & Tax 256 TAX COLLECTION ...... - 264 H Rev/Tax

327 Appropriations 265 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - SERVICE INTEGRATION - WELFARE - MEDICALLY INDIGENT ADMINISTRATION ...... 283 335 LAW

328 Appropriations 265 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - PUBLIC HEALTH SERVICES ...... 283 335 LAW

329 Ways & Means 266 WEED AWARENESS WEEK ...... 284 284 S Agric Aff

330 Ways & Means 266 MEDICAL EDUCATION PROGRAMS - REPAYMENT OF FUNDS ...... - 270 H Educ

331 Ways & Means 266 CORRECTIONAL INDUSTRIES ACT ...... - 270 H Jud 352 BILL INDEX House Journal 2013

Intro- Final Final House Bill Introduced duction Vote Action Final No. By: Page Bill Description Page Page Disposition

332 Appropriations 271 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MEDICAL ASSISTANCE SERVICES DIVISION ...... 296 335 LAW

333 Appropriations 271 APPROPRIATIONS - DIVISION OF VETERANS SERVICES ...... 296 335 LAW

334 Appropriations 271 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - PUBLIC HEALTH SERVICES DIVISION ..... 297 335 LAW

335 Appropriations 271 APPROPRIATIONS - IDAHO STATE CAPITOL COMMISSION ...... 297 335 LAW

336 Ways & Means 285 WOLVES ...... 314 314 H FAILED

337 Transp & Def 293 SALES AND USE TAX ...... - 306 H Transp

338 Transp & Def 293 TRANSPORTATION - MOTOR FUEL TAXES - FEES ...... - 306 H Transp

339 Transp & Def 294 TRANSPORTATION AND CERTAIN TAXES ...... - 306 H Transp

340 Transp & Def 294 TRANSPORTATION - MOTOR FUEL TAXES - FEES ...... - 306 H Transp

341 Transp & Def 295 TRANSPORTATION - REGISTRATION FEES ...... - 306 H Transp

342 State Affairs 307 SPECIE LEGAL TENDER ...... - 316 H W/M

343 Ways & Means 307 ADMINISTRATIVE RULES ...... 326 336 LAW

344 Ways & Means 307 SUSPENSION OF JUDGMENT AND SENTENCE ...... - 316 H Jud

345 Appropriations 330 APPROPRIATIONS - YEAR-END TRANSFERS ...... 332 335 LAW House Journal 2013 BILL INDEX 353

House Intro- Final Final Concurrent Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

1 Moyle and Rusche 7 GOVERNOR - STATE OF STATE ADDRESS ...... 8 20 ADOPTED

2 E E & T 33 MADISON COUNTY ...... 53 127 ADOPTED

3 Education 34 CURSIVE WRITING ...... 88 174 ADOPTED

4 State Affairs 34 KRISTIN ARMSTRONG ...... 46 157 ADOPTED

5 State Affairs 41 IDAHO TERRITORIAL SESQUICENTENNIAL - ABRAHAM LINCOLN AUDITORIUM ...... 51 191 ADOPTED

6 Health & W 84 PRESCRIPTION MONITORING PROGRAM ...... 155 212 ADOPTED

7 Transp & Def 90 TRANSPORTATION DEPARTMENT - RULE REJECTED ...... 124 212 ADOPTED

8 Transp & Def 91 TRANSPORTATION DEPARTMENT ...... 155 212 ADOPTED

9 E E & T 91 ENVIRONMENTAL QUALITY DEPARTMENT - RULE REJECTED ...... - 96 H Env

10 Health & W 100 CARE SYSTEM - TIME-SENSITIVE EMERGENCIES - STUDY GROUP ...... 155 212 ADOPTED

11 State Affairs 111 LOTTERY COMMISSION - RULES REJECTED ...... - 116 H St Aff

12 State Affairs 121 BOISE CITY SESQUICENTENNIAL ...... 155 264 ADOPTED

13 Health & W 142 FISH AND GAME - RULE REJECTED ...... - 147 H Res/Con

14 Health & W 142 FISH AND GAME - RULE REJECTED ...... 179 179 S Res/Env

15 Health & W 147 HEALTH AND WELFARE DEPARTMENT - RULE REJECTED ...... - 149 H Health/Wel

16 Education 150 INVENT IDAHO DAY ...... 159 212 ADOPTED

17 Health & W 150 HEALTH AND WELFARE DEPARTMENT - RULE REJECTED ...... 177 306 ADOPTED

18 State Affairs 158 DEPARTMENT OF ADMINISTRATION - CONTRACT MANAGEMENT ...... 218 325 ADOPTED

19 Health & W 167 NUTRITION SERVICES ...... 218 292 ADOPTED

20 State Affairs 168 ATHLETIC COMMISSION - RULE REJECTED ...... 199 325 ADOPTED

21 State Affairs 184 STATE ACQUIRING FEDERAL LANDS - STUDY ...... 260 334 ADOPTED

22 State Affairs 184 FEDERAL GOVERNMENT - PUBLIC LANDS - TRANSFER ...... 261 334 ADOPTED

23 State Affairs 188 BUILDING SAFETY DIVISION - RULE REJECTED ... 204 306 ADOPTED

24 State Affairs 188 OCCUPATIONAL LICENSES BUREAU - RULE REJECTED ...... 204 204 S Com/HuRes

25 State Affairs 191 OWYHEE COUNTY ...... 217 318 ADOPTED

26 State Affairs 192 PUBLIC DEFENSE REFORM - STUDY ...... 258 322 ADOPTED 354 BILL INDEX House Journal 2013

House Intro- Final Final Concurrent Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

27 State Affairs 221 PRINTING CONTRACT - SESSION LAWS ...... 247 306 ADOPTED

28 State Affairs 222 ALCOHOLIC BEVERAGE LAWS - STUDY COMMITTEE ...... - 230 H St Aff

29 Ways & Means 222 PUBLIC UTILITIES COMMISSION ...... 247 306 ADOPTED

30 Health & W 241 PANCREATIC CANCER AWARENESS MONTH ...... 261 318 ADOPTED

31 State Affairs 241 NATURAL RESOURCE ISSUES - STUDY ...... 286 334 ADOPTED

32 Ways & Means 254 STATE TAX COMMISSION - RULES REJECTED ...... 286 322 ADOPTED

33 Education 266 INTERIM COMMITTEE - K THROUGH 12 EDUCATIONAL SYSTEM ...... 286 334 ADOPTED

34 Ways & Means 293 ALZHEIMER'S PLANNING GROUP ...... 312 334 ADOPTED

35 Ways & Means 294 HOSPITAL DATABASES - ADVISORY COMMITTEE ...... - 306 H Health/Wel

36 Ways & Means 324 LINE COMMISSION ...... 326 335 ADOPTED

House Intro- Final Final Joint Introduced duction Vote Action Final Memorial By: Page Bill Description Page Page Disposition

1 Res & Cons 84 FRANK CHURCH-RIVER OF NO RETURN WILDERNESS ...... 155 250 ADOPTED

2 State Affairs 192 FEDERAL COMMUNICATIONS COMMISSION - ENFORCEMENT ...... 245 245 S St Aff

3 Ways & Means 283 AIRPORTS ...... - 292 H Transp

Intro- Final Final House Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

1 Moyle and Rusche 7 HOUSE ATTACHES - COMPENSATION ...... 18 18 ADOPTED

2 J R & A 30 HOUSE RULE 76 ...... 63 63 ADOPTED

3 Ways & Means 254 HOUSE RULE 64 ...... - 264 H W/M

Intro- Final Final House Introduced duction Vote Action Final Proclamation By: Page Bill Description Page Page Disposition

1 Ways & Means 282 PETER MORRILL - COMMENDED ...... 316 325 ADOPTED House Journal 2013 BILL INDEX 355

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition

1001 Res & Cons 77 FISH AND GAME ...... 172 190 LAW

1003 aa Res & Cons 114 FISH AND GAME ...... 172 190 LAW (Senate Amendments - See Senate Journal)

1004 Res & Cons 77 FISH AND GAME ...... 172 190 LAW

1006 aa Transportation 97 TRANSPORTATION BOARD ...... 234 249 LAW (Senate Amendments - See Senate Journal)

1007 Transportation 60 MOTOR VEHICLE REGISTRATION ...... 206 212 LAW

1008 Transportation 60 MOTOR VEHICLE SALVAGE CERTIFICATES ...... 206 212 LAW

1009 LG & Tax 51 EQUALIZATION BOARD APPEALS ...... 105 110 LAW

1010 Health & W 81 MEDICAID - BEHAVIORAL HEALTH SERVICES ...... 119 131 LAW

1013 aaH Health & W 105 TELECOMMUNICATIONS SERVICE ASSISTANCE ...... 233 280 LAW (House Amendments - p. 163)

1014 Health & W 138 INSURANCE - FEES AND TAXES ...... 219 240 LAW

1016 Jud & Rules 67 PRODUCER LICENSING ...... 128 141 LAW

1017 Jud & Rules 67 MAGISTRATE'S DIVISION ...... 128 141 LAW

1018 aa,aa Jud & Rules 210 JUROR CONTEMPT ...... 273 291 LAW (Senate Amendments - See Senate Journal)

1021 Health & W 195 NURSES ...... 272 291 LAW

1024 Ag Affairs 81 SHEEP AND GOAT HEALTH BOARD ...... 207 212 LAW

1025 State Affairs 97 WINE ...... 225 249 LAW

1027 Education 77 EDUCATION ...... 173 190 LAW

1028 Education 105 EDUCATION ...... 125 136 LAW

1029 State Affairs 195 CODIFIER CORRECTIONS ...... 259 280 LAW

1031 Com & HR 105 CONSUMER TRANSACTIONS ...... 171 190 LAW

1032 Jud & Rules 81 PUBLIC ASSISTANCE ...... 219 240 LAW

1033 aa Jud & Rules 114 CONSERVATORS - POWERS OF ATTORNEY ...... 233 249 LAW (Senate Amendments - See Senate Journal)

1034 Jud & Rules 128 COUNTY JAILS ...... 226 249 LAW

1035 Jud & Rules 128 COUNTY JAILS ...... 226 249 LAW

1040 aa Education 320 EDUCATION ...... 334 335 LAW (Senate Amendments - See Senate Journal)

1042 Com & HR 123 HEALTH INSURANCE EXCHANGE ...... - 123 H Health/Wel

1043 Transportation 81 MOTOR VEHICLE DRIVER'S LICENSES - IDENTIFICATION CARDS ...... 207 212 LAW 356 BILL INDEX House Journal 2013

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition

1044 Transportation 81 MOTORCYCLES ...... 138 149 LAW

1045 aa Transportation 210 VETERANS ...... 274 291 LAW (Senate Amendments - See Senate Journal)

1047 aa LG & Tax 252 INCOME TAX - GARNISHMENT ...... 276 291 LAW (Senate Amendments - See Senate Journal)

1048 aa Jud & Rules 143 DRIVER'S LICENSE - SUSPENSION ...... 226 249 LAW (Senate Amendments - See Senate Journal)

1049 aaH Res & Cons 114 OIL AND GAS CONSERVATION COMMISSION ...... 225 280 LAW (House Amendments - p. 163)

1050 Transportation 105 MOTOR VEHICLE DEALERS ...... 218 240 LAW

1055 Education 114 EDUCATION ...... 206 212 LAW

1057 aa Education 160 EDUCATION ...... 225 249 LAW (Senate Amendments - See Senate Journal)

1058 State Affairs 138 KEG BEER ...... 218 240 LAW

1059 aa Jud & Rules 210 VENEREAL DISEASES - STATE PRISONS ...... 273 291 LAW (Senate Amendments - See Senate Journal)

1060 Jud & Rules 252 PROSTITUTION ...... 287 306 LAW

1061 Res & Cons 133 THREATENED AND ENDANGERED SPECIES ...... 234 249 LAW

1062 aa Res & Cons 143 TRESPASS ...... 234 249 LAW (Senate Amendments - See Senate Journal)

1063 Health & W 143 MEDICAL CONSENT AND NATURAL DEATH ACT ...... 233 249 LAW

1064 Transportation 176 OVERSIZE LOADS - PERMITS ...... 235 249 LAW

1065 Transportation 133 AMATEUR RADIO TOWERS ...... 276 291 LAW

1068 aa Com & HR 195 SERVICE MEMBERS AND SPOUSES - LICENSURE ...... 274 291 LAW (Senate Amendments - See Senate Journal)

1072 aa,aaH Health & W 143 ORGAN DONATION CONTRIBUTION FUND ...... 273 315 LAW (Senate Amendments - See Senate Journal) (House Amendments - p. 231)

1074 State Affairs 143 LICENSE TO RETAIL LIQUOR ...... - 143 H St Aff

1076 Finance 105 APPROPRIATIONS - HISPANIC AFFAIRS COMMISSION ...... 115 127 LAW

1077 Finance 105 APPROPRIATIONS - BLIND AND VISUALLY IMPAIRED ...... 115 127 LAW

1078 State Affairs 195 RELIGIOUS STUDENTS - CAMPUS ACCESS ...... 259 280 LAW

1079 State Affairs 210 INTERNET CRIMES AGAINST CHILDREN UNIT ...... 289 306 LAW

1080 aaH State Affairs 202 COUNTY OFFICERS ...... 277 315 VETOED (House Amendments - p. 253) House Journal 2013 BILL INDEX 357

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition

1081 Transportation 133 MOTOR VEHICLE REGISTRATION ...... 218 240 LAW

1083 Transportation 138 LICENSE PLATES - SPECIAL ...... 218 240 LAW

1089 Education 138 EDUCATION ...... 219 220 LAW

1091 aa Education 160 EDUCATION ...... 226 249 LAW (Senate Amendments - See Senate Journal)

1092 Education 133 EDUCATION ...... 207 212 LAW

1093 Education 143 EDUCATION ...... 245 255 LAW

1097 aa Education 176 EDUCATION ...... 245 255 LAW (Senate Amendments - See Senate Journal)

1098 Education 152 EDUCATION ...... 226 249 LAW

1100 Health & W 138 HEALTH CARE SHARING MINISTRIES FREEDOM TO SHARE ACT ...... 233 249 LAW

1101 Finance 128 APPROPRIATIONS - PARKS AND RECREATION ...... 171 190 LAW

1102 Finance 128 APPROPRIATIONS - SELF-GOVERNING AGENCIES, REGULATORY BOARDS ...... 171 190 LAW

1103 Finance 128 APPROPRIATIONS - STATE TAX COMMISSION ...... 171 190 LAW

1104 Finance 128 APPROPRIATIONS - FISH AND GAME DEPARTMENT ...... 172 190 LAW

1105 State Affairs 210 LEGISLATIVE DEPARTMENT ...... 273 291 LAW

1106 aa State Affairs 224 PERSONNEL SYSTEM ...... 274 292 LAW (Senate Amendments - See Senate Journal)

1107 aa State Affairs 195 REVENUE AND TAXATION ...... 260 280 LAW (Senate Amendments - See Senate Journal)

1108 State Affairs 202 INITIATIVE AND REFERENDUM ELECTIONS ...... 268 280 LAW

1109 aa Jud & Rules 257 ANNUITY CONTRACTS ...... 299 315 LAW (Senate Amendments - See Senate Journal)

1111 State Affairs 195 CONDOMINIUM PROPERTY ACT ...... 259 280 LAW

1112 State Affairs 210 PUBLIC UTILITIES COMMISSION ...... 267 280 LAW

1113 Finance 143 APPROPRIATIONS - SELF-GOVERNING AGENCIES - MEDICAL BOARDS ...... 205 211 LAW

1114 aa Jud & Rules 242 HEALTH AND WELFARE - BEHAVIORAL HEALTH SERVICES ...... - 292 H Health/Wel (Senate Amendments - See Senate Journal)

1116 aa,aaH Jud & Rules 195 ORGAN DONATIONS ...... 273 315 LAW (Senate Amendments - See Senate Journal) (House Amendments - p. 232)

1117 State Affairs 176 OVERWEIGHT OR OVERSIZE LOADS - PERMITS ...... 268 280 LAW 358 BILL INDEX House Journal 2013

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition

1118 aa State Affairs 272 ALCOHOLIC BEVERAGES - BEER ...... - 271 H St Aff (Senate Amendments - See Senate Journal)

1119 Jud & Rules 195 INCOME WITHHOLDING - CHILD SUPPORT ...... 300 315 LAW

1120 Finance 152 APPROPRIATION - LIEUTENANT GOVERNOR ...... 206 211 LAW

1122 Jud & Rules 195 CHILD CUSTODY ...... 274 291 LAW

1123 Jud & Rules 252 PROSTITUTION - HUMAN TRAFFICKING ...... 289 306 LAW

1126 State Affairs 257 LOTTERY ...... 297 315 LAW

1127 State Affairs 257 BINGO AND RAFFLES ...... 298 315 LAW

1128 Finance 195 APPROPRIATIONS - STATE INDEPENDENT LIVING COUNCIL ...... 227 249 LAW

1129 Finance 195 APPROPRIATIONS - OFFICE OF SPECIES CONSERVATION ...... 227 249 LAW

1130 Finance 195 APPROPRIATIONS - ENERGY RESOURCES ...... 227 249 LAW

1131 Finance 195 APPROPRIATIONS - ENDOWMENT FUND INVESTMENT BOARD ...... 227 249 LAW

1132 Finance 195 APPROPRIATIONS - DEPARTMENT OF FISH AND GAME ...... 228 249 LAW

1133 aa,aaH Jud & Rules 224 SCHOOL SECURITY PLANS ...... - 334 H 3rd Rdgaa (Senate Amendments - See Senate Journal) (House Amendments - p. 288)

1134 State Affairs 252 UNMANNED AIRCRAFT ...... 327 334 LAW aa,aaH,aaH (Senate Amendments - See Senate Journal) (House Amendments - p. 304 and 322)

1135 Jud & Rules 252 MEDICAL DISCIPLINE ...... 298 315 LAW

1136 Jud & Rules 252 SYNTHETIC DRUG LISTING ...... 300 315 LAW

1138 aa State Affairs 224 LOCAL PLANNING ACT ...... 276 291 LAW (Senate Amendments - See Senate Journal)

1139 Finance 195 APPROPRIATIONS - PUBLIC HEALTH DISTRICTS ...... 228 250 LAW

1140 Finance 195 APPROPRIATIONS - MEDICAL BOARDS ...... 228 249 LAW

1142 Finance 202 APPROPRIATIONS - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED ...... 234 249 LAW

1143 Finance 195 APPROPRIATIONS - DIVISION OF VETERANS SERVICES ...... 228 249 LAW

1144 Finance 195 APPROPRIATIONS ...... 229 249 LAW

1145 State Affairs 257 WORKER'S COMPENSATION ...... 299 315 LAW

1146 State Affairs 252 EDUCATION ...... 286 306 LAW House Journal 2013 BILL INDEX 359

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition 1147 aa State Affairs 272 EDUCATION ...... 308 322 LAW (Senate Amendments - See Senate Journal)

1149 State Affairs 272 EDUCATION - EMPLOYEE NEGOTIATIONS ...... 308 322 LAW

1150 State Affairs 286 EDUCATION ...... 312 322 LAW

1151 Jud & Rules 257 CRIMINAL PROCEDURE ...... 289 306 LAW

1152 Finance 224 APPROPRIATIONS - PROFESSIONAL-TECHNICAL EDUCATION DIVISION ...... 267 280 LAW

1153 Finance 224 APPROPRIATIONS - CATASTROPHIC HEALTH CARE COST FUND ...... 268 279 LAW

1154 Finance 224 APPROPRIATIONS - COMMISSION FOR LIBRARIES .... 268 279 LAW

1155 State Affairs 252 WATERMASTER COMPENSATION ...... 301 315 LAW

1156 State Affairs 252 IRRIGATION DISTRICTS ...... 308 322 LAW

1157 State Affairs 252 IRRIGATION DISTRICTS ...... 311 322 LAW

1158 State Affairs 286 SOCIAL SECURITY BENEFITS ...... 313 322 LAW

1160 Finance 252 APPROPRIATIONS - STATE LIQUOR DIVISION ...... 275 291 LAW

1161 Finance 252 APPROPRIATIONS - REGULATORY BOARDS, SELF-GOVERNING ...... 275 291 LAW

1162 Finance 252 APPROPRIATIONS - IDAHO STATE CONTROLLER ...... 276 292 LAW

1163 Finance 252 APPROPRIATIONS - HISPANIC AFFAIRS ...... 275 291 LAW

1164 Finance 252 APPROPRIATIONS - DIVISION OF VOCATIONAL REHABILITATION ...... 276 291 LAW

1165 Jud & Rules 257 ATTORNEY'S FEES ...... 300 315 LAW

1166 aa State Affairs 286 DOMESTIC CERVIDAE ...... - 285 H Agric Aff (Senate Amendments - See Senate Journal)

1167 Finance 257 APPROPRIATIONS - SECRETARY OF STATE ...... 277 291 LAW

1168 Finance 257 APPROPRIATIONS - PUBLIC TELEVISION ...... 277 291 LAW

1169 Finance 257 APPROPRIATIONS - BOARD OF TAX APPEALS ...... 277 291 LAW

1170 Finance 257 APPROPRIATIONS - SOIL AND WATER CONSERVATION COMMISSION ...... 277 291 LAW

1171 Finance 257 APPROPRIATIONS - DEPARTMENT OF AGRICULTURE ...... 278 291 LAW

1172 Finance 286 APPROPRIATIONS - LAVA HOT SPRINGS ...... 308 322 LAW

1173 Finance 286 APPROPRIATIONS - PARKS AND RECREATION DEPARTMENT ...... 308 322 LAW

1174 Finance 286 APPROPRIATIONS - DEPARTMENT OF COMMERCE .... 309 322 LAW 360 BILL INDEX House Journal 2013

Intro- Final Final Senate Introduced duction Vote Action Final Bill No. By: Page Bill Description Page Page Disposition 1175 Finance 286 APPROPRIATIONS - STATE TAX COMMISSION ...... 309 322 LAW

1176 Finance 286 APPROPRIATIONS - CATASTROPHIC HEALTH CARE PROGRAM ...... 309 322 LAW

1177 Finance 286 APPROPRIATIONS - SUPERINTENDENT OF PUBLIC INSTRUCTION ...... 309 322 LAW

1178 Finance 286 APPROPRIATIONS - STATE TREASURER ...... 310 322 LAW

1179 State Affairs 257 TRANSPORTATION BOARD ...... 304 315 LAW

1180 Finance 286 APPROPRIATIONS - EDUCATION BOARD, SPECIAL PROGRAMS ...... 310 322 LAW

1181 Finance 286 APPROPRIATION - MILLENNIUM FUND ...... 310 322 LAW

1182 Finance 286 APPROPRIATIONS - CORRECTION DEPARTMENT ...... 310 322 LAW

1183 Finance 286 APPROPRIATIONS - EDUCATION BOARD, HEALTH EDUCATION PROGRAMS ...... 317 322 LAW

1186 Finance 286 APPROPRIATIONS - COLLEGE AND UNIVERSITIES .... 311 322 LAW

1187 Finance 296 APPROPRIATIONS - OFFICE OF STATE BOARD OF EDUCATION ...... 311 321 LAW

1188 Finance 296 APPROPRIATIONS - COMMUNITY COLLEGES ...... 312 322 LAW

1189 Jud & Rules 286 IDAHO CODE - STATUTORY CONSTRUCTION ...... 319 325 LAW

1190 Finance 308 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE - MEDICAL ASSISTANCE SERVICES ...... 319 325 LAW

1191 State Affairs 286 INITIATIVE AND REFERENDUM ELECTIONS ...... 313 322 LAW

1192 aa State Affairs 320 CAPITOL MALL ...... 327 334 LAW (Senate Amendments - See Senate Journal)

1195 Finance 317 APPROPRIATIONS - ATTORNEY GENERAL - TRAILER ...... - 323 H Approp

1196 Finance 317 APPROPRIATIONS - ATTORNEY GENERAL - TRAILER ...... 324 332 LAW

1197 Finance 317 APPROPRIATIONS - DEPARTMENT OF COMMERCE - TRAILER ...... 330 334 LAW

1199 State Affairs 329 EDUCATION ...... 330 334 LAW

1200 Finance 334 APPROPRIATIONS - PUBLIC SCHOOLS SUPPORT PROGRAM ...... 333 335 LAW House Journal 2013 BILL INDEX 361

Senate Intro- Final Final Concurrent Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

101 State Affairs 34 POWER COUNTY ...... 73 83 ADOPTED

102 Ag Affairs 55 OPPOSITION TO USE OF "IDAHO" MARK ...... 72 75 ADOPTED

103 Transportation 68 UNMANNED AIRCRAFT SYSTEM TEST SITE ...... 332 335 ADOPTED

104 State Affairs 91 TAIWAN ...... 159 183 ADOPTED

105 LG & Tax 91 TAX APPEALS BOARD - RULES REJECTED ...... 278 291 ADOPTED

106 Res & Cons 91 FISH AND GAME - RULE REJECTED ...... 278 291 ADOPTED

107 Res & Cons 91 FISH AND GAME - RULE REJECTED ...... - 91 H Res/Con

108 Res & Cons 91 FISH AND GAME - RULE REJECTED ...... 278 291 ADOPTED

109 Res & Cons 91 FISH AND GAME - RULE REJECTED ...... - 91 H Res/Con

110 Res & Cons 91 FISH AND GAME - RULE REJECTED ...... 279 291 ADOPTED

112 State Affairs 132 MARIJUANA USE ...... 304 315 ADOPTED

114 Jud & Rules 127 STATE POLICE - RULES REJECTED ...... 303 315 ADOPTED

115 Jud & Rules 127 STATE POLICE - RULE REJECTED ...... 303 315 ADOPTED

117 State Affairs 150 PUBLIC UTILITIES COMMISSION - RULE REJECTED ...... 304 315 ADOPTED

118 State Affairs 150 ADMINISTRATION DEPARTMENT - RULES REJECTED ...... 303 315 ADOPTED

119 State Affairs 150 DEPARTMENT OF ADMINISTRATION - RULES REJECTED ...... 304 315 ADOPTED

120 Jud & Rules 193 BOISE SCHOOL DISTRICT - READ RIGHT AWARD ..... 304 315 ADOPTED

121 State Affairs 201 OCCUPATIONAL LICENSES BUREAU - RULE REJECTED ...... 305 315 ADOPTED

122 State Affairs 201 OCCUPATIONAL LICENSES BUREAU - RULES REJECTED ...... 305 315 ADOPTED

124 State Affairs 231 IDAHO SERVICEMEN ...... 295 315 ADOPTED

125 State Affairs 242 FEE RULES ...... 304 315 ADOPTED

126 State Affairs 242 TEMPORARY RULES ...... 305 315 ADOPTED

127 State Affairs 257 ENERGY, ENVIRONMENT AND TECHNOLOGY ISSUES ...... 305 315 ADOPTED

128 Jud & Rules 272 CRIMINAL JUSTICE SYSTEM - STUDY COMMITTEE .... 320 325 ADOPTED

129 Jud & Rules 290 JOINT RULE 18 ...... 320 325 ADOPTED

131 Jud & Rules 294 JOINT RULE 21 ...... 320 325 ADOPTED 362 BILL INDEX House Journal 2013

Senate Intro- Final Final Joint Introduced duction Vote Action Final Memorial By: Page Bill Description Page Page Disposition

102 Jud & Rules 272 SNAP BENEFITS ...... - 280 H St Aff House Journal 2013 LAW INDEX 363

HOUSE BILLS WHICH BECAME LAW

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

1 Revenue and Taxation 02/04/2013 01/01/2013 with stipulation 1

2 Revenue and Taxation 02/12/2013 01/01/2013 2

3 Revenue and Taxation 02/12/2013 07/01/2013 3

4 Revenue and Taxation 02/12/2013 01/01/2013 Sections 1, 2, 4, 4 & 5; 01/01/2012 Section 3

5 Revenue and Taxation 02/19/2013 07/01/2013 5

7 Business 03/12/2013 07/01/2013 53

8 Business 03/12/2013 07/01/2013 54

9 Business 03/12/2013 01/21/2013 55

10 Business 03/13/2013 07/01/2013 64

11 Business 03/12/2013 07/01/2013 56

12 aaS Revenue and Taxation 03/04/2013 07/01/2013 34

14 Revenue and Taxation 02/20/2013 07/01/2013 7

15 Revenue and Taxation 02/20/2013 07/01/2013 8

16 Health and Welfare 02/19/2013 07/01/2013 6

17 Health and Welfare 03/01/2013 07/01/2013 28

19 Transportation and Defense 02/20/2013 07/01/2013 11

20 Transportation and Defense 02/26/2013 07/01/2013 19

21 Transportation and Defense 02/20/2013 07/01/2013 12

22 Revenue and Taxation 02/20/2013 01/01/2014 for withholding 9 periods after that date

23 Revenue and Taxation 02/20/2013 07/01/2013 10

24 Revenue and Taxation 02/26/2013 02/26/2013 20

25 Revenue and Taxation 02/26/2013 07/01/2013 21

26 Business 03/21/2013 07/01/2013 101

28 Business 03/12/2013 07/01/2013 57

29 Judiciary, Rules, and Administration 03/07/2013 10/01/2013 38

30 aa Judiciary, Rules, and Administration 04/03/2013 07/01/2013 259

32 Health and Welfare 02/20/2013 07/01/2013 13

33 Health and Welfare 02/20/2013 07/01/2013 14

35 Health and Welfare 02/20/2013 07/01/2013 15 364 LAW INDEX House Journal 2013

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

37 Environment, Energy, and Technology 02/20/2013 07/01/2013 16

39 Transportation and Defense 02/20/2013 02/20/2013 17

40 Transportation and Defense 03/01/2013 07/01/2013 29

41 Health and Welfare 03/22/2013 07/01/2013 129

42 State Affairs 03/12/2013 03/12/2013 41

43 Commerce and Human Resources 03/21/2013 07/01/2013 102

44 Commerce and Human Resources 03/21/2013 07/01/2013 Section 3; 103 10/22/2013 Sections 1 & 2

45 aa Business 04/11/2013 07/01/2013 339

46 Business 03/21/2013 07/01/2013 104

47 Resources and Conservation 03/12/2013 07/01/2013 42

48 Resources and Conservation 03/12/2013 07/01/2013 43

49 Resources and Conservation 03/12/2013 07/01/2013 44

50 Resources and Conservation 03/12/2013 07/01/2013 45

52 Revenue and Taxation 02/26/2013 01/01/2013 22

53 State Affairs 03/21/2013 07/01/2013 105

55 State Affairs 03/22/2013 07/01/2013 130

65 Education 04/11/2013 04/11/2013; 06/30/2013 340 Sunset Clause

66 aaS Transportation and Defense 03/15/2013 07/01/2013 78

72 Revenue and Taxation 03/08/2013 01/01/2013 Section 1; 40 01/01/2016 Section 2

73 aaS State Affairs 03/29/2013 07/01/2013 173

76 Business 03/29/2013 07/01/2013 174

80 Judiciary, Rules, and Administration 04/03/2013 07/01/2013 260

81 Education 03/01/2013 07/01/2013 30

82 Education 03/12/2013 07/01/2013 46

83 Education 03/01/2013 07/01/2013 31

84 Education 03/01/2013 07/01/2013 32

85 Transportation and Defense 02/20/2013 07/01/2013 18

86 Revenue and Taxation 03/12/2013 07/01/2013 58

87 Revenue and Taxation 02/26/2013 07/01/2013 23

89 Health and Welfare 03/12/2013 03/12/2013 47 House Journal 2013 LAW INDEX 365

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

90 aa Judiciary, Rules, and Administration 04/09/2013 07/01/2013 278

91 aa Commerce and Human Resources 04/03/2013 04/03/2013 261

93 Resources and Conservation 03/12/2013 07/01/2013 59

96 Agricultural Affairs 03/15/2013 07/01/2013 79

98 aa,aaS Health and Welfare 04/09/2013 07/01/2013 279

100 Business 03/21/2013 07/01/2013 106

102 Judiciary, Rules, and Administration 03/29/2013 07/01/2013 175

103 Judiciary, Rules, and Administration 03/15/2013 07/01/2013 80

105 Judiciary, Rules, and Administration 03/22/2013 07/01/2013 131

107 State Affairs 03/22/2013 07/01/2013 132

109 Health and Welfare 03/13/2013 07/01/2013 65

110 Agricultural Affairs 03/29/2013 07/01/2013 176

112 Agricultural Affairs 03/15/2013 07/01/2013 81

113 aa Agricultural Affairs 03/29/2013 07/01/2013 177

115 Appropriations 03/01/2013 03/01/2013 33

117 Transportation and Defense 03/21/2013 07/01/2013 107

118 Transportation and Defense 03/21/2013 07/01/2013 108

120 aa,aaS State Affairs 04/11/2013 07/01/2013 341

121 State Affairs 04/02/2013 07/01/2013 219

122 Appropriations 03/12/2013 03/12/2013 48

123 Appropriations 03/12/2013 03/12/2013 49

124 Judiciary, Rules, and Administration 04/03/2013 07/01/2013 241

125 Judiciary, Rules, and Administration 04/03/2013 07/01/2013 262

127 Business 03/29/2013 07/01/2013 178

128 Resources and Conservation 03/12/2013 07/01/2013 60

129 Resources and Conservation 03/12/2013 07/01/2013 61

130 aaS Resources and Conservation 03/22/2013 07/01/2013 133

131 Resources and Conservation 03/15/2013 03/15/2013 82

132 Resources and Conservation 03/12/2013 03/12/2013 62

133 Local Government 04/09/2013 07/01/2013 280

137 Local Government 03/12/2013 07/01/2013 63

138 Local Government 04/03/2013 04/03/2013 263 366 LAW INDEX House Journal 2013

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

139 Revenue and Taxation 03/15/2013 01/01/2013 83

140 Revenue and Taxation 03/22/2013 07/01/2013 134

141 Revenue and Taxation 03/21/2013 01/01/2013 109

142 aaS,aaS Health and Welfare 04/09/2013 07/01/2013 281

147 Judiciary, Rules, and Administration 04/02/2013 07/01/2013 220

148 Judiciary, Rules, and Administration 04/02/2013 07/01/2013 221

149 Judiciary, Rules, and Administration 04/02/2013 07/01/2013 222

150 Judiciary, Rules, and Administration 04/09/2013 07/01/2013 282

153 Judiciary, Rules, and Administration 03/13/2013 07/01/2013 66

159 State Affairs 03/22/2013 07/01/2013 167

161 State Affairs 03/22/2013 03/22/2013 135

162 Education 03/29/2013 03/29/2013 179

163 Education 03/13/2013 03/13/2013 67

166 Appropriations 03/12/2013 03/12/2013 50

167 aaS Transportation and Defense 03/22/2013 07/01/2013 136

168 Transportation and Defense 03/15/2013 07/01/2013 84

169 Transportation and Defense 03/15/2013 07/01/2013 85

170 Transportation and Defense 03/22/2013 07/01/2013 137

171 aa Transportation and Defense 04/03/2013 07/01/2013 264

174 Appropriations 03/12/2013 03/12/2013 51

175 State Affairs 03/15/2013 07/01/2013 86

177 aaS State Affairs 03/21/2013 07/01/2013 110

178 Health and Welfare 04/09/2013 07/01/2013 283

180 Appropriations 03/12/2013 03/12/2013 52

181 State Affairs 03/21/2013 07/01/2013 111

183 State Affairs 04/02/2013 07/01/2013 223

184 Revenue and Taxation 03/21/2013 01/01/2013 112

185 Environment, Energy, and Technology 03/29/2013 03/29/2013 180

187 Revenue and Taxation 03/21/2013 03/21/2013 113

188 Health and Welfare 03/21/2013 07/01/2013 114

192 State Affairs 04/02/2013 07/01/2013 242

193 aa State Affairs 04/02/2013 01/01/2014 224 House Journal 2013 LAW INDEX 367

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

196 Business 04/03/2013 07/01/2013 265

197 Business 04/03/2013 07/01/2013 266

199 Business 03/29/2013 07/01/2013 181

202 State Affairs 04/09/2013 07/01/2013; 06/30/2015 284 Sunset Clause

203 Appropriations 03/13/2013 03/13/2013 68

205 Education 04/03/2013 07/01/2013 267

206 aaS,aaS Education 04/11/2013 07/01/2013 342

210 Appropriations 03/15/2013 03/15/2013 87

211 Health and Welfare 03/21/2013 07/01/2013 115

214 Health and Welfare 03/22/2013 07/01/2013 138

215 State Affairs 04/09/2013 07/01/2013 285

216 State Affairs 03/29/2013 07/01/2013 182

217 aaS State Affairs 04/01/2013 07/01/2013 217

218 Education 03/29/2013 07/01/2013 183

220 State Affairs 03/22/2013 07/01/2013 139

221 aaS Education 04/11/2013 06/01/2014 Section 9; 343 07/01/2013 All other sections

222 State Affairs 04/04/2013 07/01/2013 277

223 State Affairs 04/02/2013 04/02/2013 225

224 Education 03/22/2013 03/22/2013; 07/01/2015 140 Sunset Clause - Section 1

225 Education 03/29/2013 03/29/2013 184

226 Education 04/03/2013 07/01/2013 268

231 aa State Affairs 04/11/2013 07/01/2013 344

232 State Affairs 04/03/2013 07/01/2013 269

233 Appropriations 03/21/2013 07/01/2013 116

234 Appropriations 03/21/2013 07/01/2013 117

235 Appropriations 03/21/2013 07/01/2013 118

236 Appropriations 03/21/2013 07/01/2013 119

237 Appropriations 03/21/2013 07/01/2013 120

238 Appropriations 03/21/2013 07/01/2013 121

239 Health and Welfare 04/03/2013 07/01/2013 270 368 LAW INDEX House Journal 2013

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

241 Health and Welfare 04/09/2013 07/01/2013 286

242 Revenue and Taxation law w/o sign. 01/01/2013 276

243 Revenue and Taxation 04/03/2013 04/03/2013 271

244 Revenue and Taxation 03/29/2013 07/01/2013 185

245 State Affairs 04/11/2013 04/11/2013 345

248 Health and Welfare 03/28/2013 03/28/2013 unless federal 170 HHS and/or US Congress change both establishment date and eligibility limitation date

251 Appropriations 03/21/2013 07/01/2013 122

252 Appropriations 03/21/2013 07/01/2013 123

253 Appropriations 03/21/2013 07/01/2013 124

254 Appropriations 03/21/2013 07/01/2013 125

255 Appropriations 03/21/2013 03/21/2013 Section 1; 126 07/01/2013 All other sections

256 State Affairs 04/09/2013 07/01/2013 287

257 State Affairs 04/09/2013 07/01/2013 288

258 State Affairs 04/11/2013 07/01/2013 346

259 aaS Education 04/11/2013 07/01/2013 347

261 Education 04/03/2013 04/03/2013; 07/01/14 272 Sunset Clause

262 Appropriations 03/21/2013 03/21/2013 Section 1; 127 07/01/2013 All other sections

263 Appropriations 03/21/2013 07/01/2013 128

265 aa,aa State Affairs 04/09/2013 07/01/2013 289

266 State Affairs 04/09/2013 07/01/2013 290

269 Appropriations 03/28/2013 03/28/2013 Sections 1 171 & 2; 07/01/2013 All other sections

270 Appropriations 03/28/2013 07/01/2013 172

271 Revenue and Taxation 04/11/2013 07/01/2013 348

273 State Affairs 04/09/2013 07/01/2013 291

274 State Affairs 04/09/2013 01/01/2014 292 House Journal 2013 LAW INDEX 369

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

275 Education 04/11/2013 07/01/2013 Section 1; 349 07/01/2014 Sections 2 & 3

283 Appropriations 04/02/2013 07/01/2013 226

284 Appropriations 04/02/2013 07/01/2013 227

285 Appropriations 04/02/2013 07/01/2013 228

290 Health and Welfare 04/11/2013 07/01/2013 350

291 Health and Welfare 04/09/2013 07/01/2013 293

293 Appropriations 04/02/2013 07/01/2013 229

295 Education 04/09/2013 04/09/2013 294

296 Appropriations 04/02/2013 07/01/2013 230

297 Appropriations 04/02/2013 07/01/2013 231

298 Appropriations 04/02/2013 07/01/2013 232

299 Appropriations 04/02/2013 07/01/2013 233

300 Appropriations 04/03/2013 07/01/2013 273

301 Appropriations 04/03/2013 07/01/2013 274

302 Appropriations 04/02/2013 07/01/2013 234

303 Appropriations 04/02/2013 07/01/2013 235

304 Appropriations 04/02/2013 07/01/2013 236

305 Appropriations 04/02/2013 07/01/2013 237

306 Appropriations 04/03/2013 07/01/2013 275

310 Appropriations 04/02/2013 07/01/2013 238

311 Appropriations 04/09/2013 04/09/2013 Section 1; 295 07/01/2013 All other sections

312 Appropriations 04/09/2013 07/01/2013 296

313 Appropriations 04/09/2013 07/01/2013 297

315 Ways and Means 04/03/2013 01/01/2013 Sections 1, 2 & 243 4; 07/01/2017 Section 3

317 Education 04/09/2013 07/01/2013 298

318 Education 04/09/2013 07/01/2013 299

319 Education 04/09/2013 07/01/2013 300

321 Ways and Means 04/02/2013 04/02/2013 239

322 Ways and Means 04/11/2013 07/01/2013 351

324 Ways and Means 04/09/2013 07/01/2013 301 370 LAW INDEX House Journal 2013

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

327 Appropriations 04/09/2013 07/01/2013 302

328 Appropriations 04/09/2013 07/01/2013 303

332 Appropriations 04/09/2013 01/01/2013 304

333 Appropriations 04/09/2013 07/01/2013 305

334 Appropriations 04/09/2013 07/01/2013 306

335 Appropriations 04/09/2013 07/01/2013 307

343 Ways and Means 04/11/2013 07/01/2013 352

345 Appropriations 04/09/2013 04/09/2013 308 House Journal 2013 VETO INDEX 371

GOVERNOR'S VETO MESSAGES

Governor's Bill Introduced Message No. by: Bill Description Page

H 278 State Affairs FISH AND GAME - Amends existing law relating to fish and game to provide that certain moneys shall be earmarked for sportsmen access programs; and to revise provisions relating to the transfer and use of certain moneys from the Expendable Big Game Depredation Fund...... 336