Journal State Senate

JOURNAL OF THE STATE SENATE

SECOND REGULAR SESSION of the SIXTY-FIRST LEGISLATURE of the STATE OF IDAHO 2012

SENATE JOURNAL

2012

TABLE OF CONTENTS

SIXTY-FIRST IDAHO LEGISLATURE SECOND REGULAR SESSION

Page

SECOND REGULAR SESSION - January 9 through March 29, 2012 ...... Alphabetical Index of All Senate legislation and House legislation received by the Senate...... 294 Committee Assignments...... 291 House Bills received by the Senate...... 402 House Concurrent Resolutions received by the Senate...... 433 House Joint Memorials received by the Senate...... 432 House Joint Resolutions received by the Senate ...... 431 Journal Index ...... 285 Members of the Senate and Assignments...... 287 Senate Attaches...... 292 Senate Bills...... 363 Senate Bills that became Law with effective date and Session Law Chapter number cited...... 397 Senate Concurrent Resolutions ...... 394 Senate Joint Memorials ...... 391 Senate Joint Resolutions...... 390 Senate Officers and Administration ...... 286 Senate Resolutions...... 392 Senate Sponsors of House Legislation...... 438 Senate Sponsors of Senate Legislation ...... 435 Regular Session Daily Journals ...... 1

[January 9, 2012 SENATE JOURNAL 1

26 ...... Dean L. Cameron (R) SENATE JOURNAL 27 ...... Denton Darrington (R) OF THE 28 ...... R. Steven Bair (R) 29 ...... Diane Bilyeu (D) 30 ...... Edgar J. Malepeai (D) IDAHO LEGISLATURE 31 ...... John Tippets (R) SECOND REGULAR SESSION 32 ...... Dean M. Mortimer (R) SIXTY-FIRST LEGISLATURE 33 ...... Bart M. Davis (R) 34 ...... Brent Hill (R) 35 ...... Jeff C. Siddoway (R)

IN TESTIMONY WHEREOF, I have hereunto set my hand FIRST LEGISLATIVE DAY and affixed the Great Seal of the State of Idaho. Done atBoise, MONDAY, JANUARY 9, 2012 the Capital of Idaho, this Fourth day of January, 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-sixth. Senate Chamber /s/ BEN T. YSURSA At the hour of 12 noon on Monday, January 9, 2012, the Secretary of State time established for the convening of the Second Regular Session of the Sixty-first Idaho Legislature, the members of the Senate The Certificate of Election was ordered filed in the office of convened in the Senate Chamber of the Capitol in the City of the Secretary of the Senate. Boise, President Brad Little presiding. The following Certificate of Election was read by the Secretary of the Senate: Roll call showed all members present except Senators Andreason and Pearce, absent and excused. STATE OF IDAHO OFFICE OF THE SECRETARY OF STATE Prayer was offered by Chaplain Keith Buhler, The Church of Jesus Christ of Latter-day Saints. CERTIFICATE OF ELECTION President Pro Tempore Hill provided a brief history of the I, Ben T. Ysursa, Secretary of State of the State of Idaho Idaho State flag flown over the domes of the House and Senate and legal custodian of the records of elections held in the State Chambers during each session of the Legislature. He explained of Idaho, do hereby certify that the following is a full, true, and that the flags represent the spirit of our citizens and serveasa complete list of those elected or appointed to serve as members symbol of Idaho's sovereignty. They further serve notice to the of the Senate of the Second Regular Session of the Sixty-first State that the Legislature, the elected representatives of all the Legislature, as shown by official records on file in my office: citizens of Idaho, is in session. The flags are raised when the DISTRICT NAME Legislature convenes and will be retired when the Legislature adjourns sine die. On request by President Pro Tempore Hill, 1 ...... Shawn A. Keough (R) granted by unanimous consent, The Idaho State Police Honor 2 ...... Joyce M. Broadsword (R) Guard entered the Chamber to present and post the colors. 3 ...... Steve Vick (R) 4 ...... John W. Goedde (R) The Pledge of Allegiance was led by Sarah Jane McDonald, 5 ...... Jim Hammond (R) Sergeant-at-Arms. President Little presented the Idaho State flag 6 ...... Dan J. Schmidt (D) to the Honor Guard to be raised above the Senate Chamber to 7 ...... Daniel Johnson (R) fly during the Second Regular Session of the Sixty-first Idaho 8 ...... Sheryl L. Nuxoll (R) Legislature and the Honor Guard exited the Chamber. 9 ...... Monty J. Pearce (R) A musical presentation of Our National Anthem was sung by 10 ...... John McGee (R) Allie Hill. 11 ...... Melinda S. Smyser (R) 12 ...... Curtis D. McKenzie (R) The Idaho State Song was sung by: Carlee Coulson, Brennen 13 ...... Patti Anne Lodge (R) Coulson, Cameron Coulson, Heather Duke, Allie Hill, Cameron 14 ...... Chuck Winder (R) Hill, James Hill, Emily Perez, Camden Schafer, Egan Schafer, McKenzie Westergard and Sarah Williams. Accompanists: Heath 15 ...... John C. Andreason (R) Maus and Max Maus. 16 ...... Les Bock (D) 17 ...... Elliot Werk (D) On request by Senator Davis, granted by unanimous consent, 18 ...... Mitch Toryanski (R) the Senate advanced to the Eighth Order of Business. 19 ...... Nicole LeFavour (D) Messages from the Governor 20 ...... Shirley McKague (R) 21 ...... Russell M. Fulcher (R) 22 ...... Tim Corder (R) December 20, 2011 23 ...... Bert Brackett (R) 24 ...... Lee Heider (R) The Honorable Brad Little President of the Senate 25 ...... Michelle Stennett (D) Idaho Legislature 2 SENATE JOURNAL January 9, 2012]

Dear Mr. President: The President administered the Oath of Office to Secretary Novak. I have the honor to inform you that I have appointed Daniel On request by Senator Davis, granted by unanimous consent, Johnson of Lewiston, Idaho, to the office of State Senator for President Little appointed a committee consisting of Senator Legislative District 7. The appointment is effective December 20, Smyser, Chairman, and Senator Schmidt to escort the committee 2011. from the House of Representatives into the Senate Chamber. Representatives Henderson, Thompson, and Cronin informed As Always - Idaho, Esto Perpetua the Senate that the House is now organized and ready to conduct /s/ C.L. "Butch" Otter business. Governor The Senate committee was discharged. THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT On request by Senator Davis, granted by unanimous consent, BOISE, IDAHO President Little appointed a committee consisting of Senator Bair, CERTIFICATE OF APPOINTMENT Chairman, and Senators Heider and Werk to notify the Governor that the Senate is now organized and ready to conduct business. KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-904A, Idaho Code, the District 7 The committee was excused. Legislative Committee of the Republican Party has submitted a On request by Senator Davis, granted by unanimous consent, list of three names for consideration in filling a vacancy in the President Little appointed a committee consisting of Senator Idaho State Senate. Siddoway, Chairman, and Senators Mortimer and Bilyeu to NOW, THEREFORE, I, C.L. "Butch" Otter, Governor of notify the House of Representatives that the Senate is now the State of Idaho, by virtue of the authority vested in me do organized and ready to conduct business. hereby appoint Daniel Johnson of Lewiston, Idaho, to the office The committee was excused. of State Senator, District 7, Nez Perce, State of Idaho, for a term commencing on December 20, 2011, and continuing until the The committee appointed to wait upon the Governor returned next general election when the term of office expires. and reported that the Governor sent his best wishes to the Senate members. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. The committee was discharged. Done at Boise, the Capital of Idaho, this Twentieth day of The committee appointed to wait upon the House of December, in the year of our Lord two thousand and eleven and Representatives returned and reported that they had conveyed of the Independence of the United States of America, the two the message to the House and the House expressed their best hundred and thirty-sixth year. wishes for a productive session. /s/ BY THE GOVERNOR C.L. "BUTCH" OTTER The committee was discharged. /s/ SECRETARY OF STATE BEN T. YSURSA On request by Senator Davis, granted by unanimous consent, The correspondence and Certificate of Appointment were the Senate returned to the Ninth Order of Business. ordered filed in the office of the Secretary of the Senate. The President announced that the Oath of Office had been Messages from the House administered previously to Senator Johnson. January 9, 2012 Senators Andreason and Pearce were recorded present at this Dear Mr. President: order of business. I transmit herewith HCR 29 , which has passed the House. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. ALEXANDER, Chief Clerk Motions and Resolutions HCR 29 was filed for first reading. Moved by Senator Davis, seconded by Senator Malepeai, that On request by Senator Davis, granted by unanimous consent, Jennifer Novak be elected Secretary of the Senate for the Second the Senate advanced to the Eleventh Order of Business. Regular session of the Sixty-first Idaho Legislature. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Roll call resulted as follows: HCR 29 , by Moyle and Rusche, was introduced and read at AYES–Andreason, Bair, Bilyeu, Bock, Brackett, length. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, On request by Senator Davis, granted by unanimous Lodge, Malepeai, McGee, McKague, McKenzie, Mortimer, consent, all rules of the Senate interfering with the immediate Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, consideration of HCR 29 were suspended. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared that the motion did prevail The President declared the rules suspended and announced and Jennifer Novak was elected Secretary of the Senate for the that HCR 29 was now before the Senate for final consideration. Second Regular session of the Sixty-first Idaho Legislature. The question being, Shall the resolution be adopted?" [January 9, 2012 SENATE JOURNAL 3

Moved by Senator Davis, seconded by Senator Malepeai, that Mr. Speaker, Mr. President, Honorable Justices, my fellow HCR 29 be adopted. The question being, "Shall the resolution be constitutional officers, distinguished legislators and members of adopted?" my Cabinet, honored guests, friends, my family and our First Lady my fellow Idahoans. Roll call resulted as follows: I am here today to report on my view of our state, and to provide you with recommendations for the coming year. AYES–Andreason, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, It is my pleasure to report that Idaho - having been tested Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, by the Great Recession - now is emerging leaner, stronger, more McKague, McKenzie, Nuxoll, Pearce, Schmidt, Smyser, Stennett, resilient and better prepared to compete, prosper and prevail in Tippets, Toryanski, Vick, Winder. Total - 29. the years to come. NAYS–None. Thank you for your leadership and for your partnership in guiding Idaho through a trying time for the people we serve, and Absent and excused–Bair, Bilyeu, Heider, Mortimer, for your civic virtue in staying true to our Idaho values. Siddoway, Werk. Total - 6. I'm also proud and humbled to report today the successful Total - 35. and honorable homecoming of the men and women of the Idaho National Guard's 116th Cavalry Brigade Combat Team. Whereupon the President declared HCR 29 adopted, title was approved, and the resolution ordered returned to the House. We also recently welcomed home about 100 Idahoans who were deployed to Iraq with the Army Reserve's 391st Engineer On request by Senator Davis, granted by unanimous consent, Company. the Senate went at ease for the purpose of attending a joint session to hear the Governor's State of the State and Budget Address. But it is my solemn duty to report that two of our courageous war fighters with the 116th Armored Cavalry lost their lives JOINT SESSION defending freedom during 2011 in a country half a world away. Pursuant to HCR 29, the hour of 1 p.m. having arrived, the I ask that you keep Specialist Nathan Ryan Beyers, Specialist members of the Senate entered into the House Chamber, and met Nicholas Wayne Newby and their loved ones in your thoughts and in Joint Session with Speaker Denney presiding. prayers as you continue your work. Roll call of the House showed all members present. Along with Staff Sergeant Jason Rzepa- who was wounded Roll call of the Senate showed all members present. and received the Purple Heart - they were among more than 15-hundred Idaho members of the 116th who put their lives on Prayer was offered by House Chaplain Tom Dougherty. the line for us. On request by Representative Moyle, granted by unanimous And they weren't alone. consent, the Speaker appointed three committees to wait upon the Supreme Court Justices and Appellate Court Judges, the Specialist Robert Dyas of the 1st Infantry Division; Corporal elected officials, and the Governor and escort them to the House Devin Daniels of the 82nd Airborne, and Corporal Ryan Sharp Chamber. of the 1st Infantry Division each gave the last full measure of devotion in defense of liberty during 2011. The Speaker appointed Senators Darrington and Bock and Representatives Wills and Burgoyne as the committee to wait They were our sons and our fathers, our brothers and our upon and escort the Supreme Court Justices and Appellate Court teachers, our students and our friends. They each will be sorely Judges to the House Chamber. missed. The Speaker excused the committee. Now most of our valiant soldiers are home, once again helping make Idaho the best place in the world to live, to work The Speaker appointed Senators Winder and Stennett and and to raise a family. Representatives Boyle and Killen as the committee to wait upon and escort the elected officials to the House Chamber. Unfortunately, that's not yet true of Sergeant Bowe Bergdahl of Hailey. He remains in the captivity of a Taliban-supported The Speaker excused the committee. terrorist network in Afghanistan. The Speaker appointed Senators Davis and Malepeai and I know you join me in continuing to pray for his safe release Representatives Moyle and Rusche as the committee to wait and speedy return home. upon and escort the Governor to the House Chamber. Among those troops who have returned home, grateful for The Speaker excused the committee. their freedom, far too many did so without a job. The committees appointed by the Speaker returned and That will change, because it must change. I believe we all can escorted the Supreme Court Justices, Appellate Court Judges, agree that these men and women have faced too much hardship the elected officials, and the Governor into the House Chamber fighting abroad for us to ask them to face more hardship backhere where they were presented to the Joint Session by the Speaker. at home. The Speaker introduced His Excellency, the Governor of the And so I am pleased to report to you today that the State of Idaho, C.L. "Butch" Otter, and the following State of the Department of Labor, the Division of Veterans Services, the State and Budget Address was delivered by the Governor: Military Division, the Department of Commerce, the Department 4 SENATE JOURNAL January 9, 2012] of Education and all State agencies are joined in the task of My three broad priorities when voters first elected me addressing that challenge. Governor were to: Encourage economic opportunity, Ensure responsible government, and Empower Idahoans to be the Ladies and gentlemen, the Hire One Vet effort is more than architects of their own destiny. the right thing to do. Those remain the foundation of my approach to this job. But It is our responsibility to ensure that our troops have the tools circumstances have converged to raise the stakes. they need to resume their productive civilian lives. You will continue to see my administration focus on So I encourage you to help however you can, and to continue re-establishing the proper role of State government in our lives. making good on our shared commitment to those who safeguard our country's future. And you will continue to see our extraordinary Idaho independence and self-reliance assert itself in response to federal Their plight is our plight. And their success is our success. I intrusions on our sovereignty and liberties. cannot put it any plainer than that. But you also will see a greater emphasis on ensuring the Those veterans, and our children, are at the heart of the Idaho efficiency and prudent frugality that we've established in every I want to see by the end of my second term as your Governor. agency of State government during the past three years become I want to see an Idaho that is more independent, dynamic, standard procedure. diverse, and built on a foundation of freedom, personal What we had to do then will become our new normal going responsibility and public accountability. forward. I want to see an Idaho focused not on scarcity or what we And you will see a greater emphasis on building innovative lack, but on a more prosperous and hopeful future for all of us. public-private partnerships that leverage our limited resources It's with that Idaho in mind that I set my top two budget and toward advancing and achieving our shared goals. policy priorities for 2012 and this legislative session. That's especially true when it comes to fulfilling the And the reality is, those two priorities are inseparable - jobs benchmarks of Project 60, putting more of our 65,000 and education. unemployed Idahoans back to work, and preparing our citizens to fill more of the 18,500 jobs that now remain vacant in Idaho. Almost everything we do this year will have an impact on those two priorities, which I'm confident you share. That's not just jawboning or wishful thinking. We're taking concrete steps to address the fact that employment growth - a But let's talk first about the philosophy that underpins those lagging economic indicator - has been "lagging" far too long. priorities - the philosophy that has seen us through one of the worst economic downturns in American history. Unemployment is slowly starting to decline. We've seen some good news in recent months, with our jobless percentage About 14 months ago the people of Idaho elected us with at its lowest rate in two years. the understanding that we would make economic growth and the creation of more career opportunities the centerpiece of our State But unemployment remains at an unacceptable level. government agenda. And while what government can do is limited - as it should be They entrusted us to deliver on our pledge to bring them a - we can and will do a better job of reaching out to our businesses more efficient, effective and smaller State government -andto and employers as partners in this effort. protect Idaho's hard-working taxpayers. That starts at the top, and now Project 60 has a new ramrod. Our citizens expressed strong support for our emphasis on Jeff Sayer has taken over as Department of Commerce director. government doing more with less - as they have done - and our steadfast focus on living within the people's means. He brings with him a wealth of private-sector entrepreneurial experience, as well as renewed energy, enthusiasm and They embraced our ideas, encouraged our efforts, and commitment to actively engaging with the people who make our recommitted along with each of us to putting the politics of the economy and our communities work. past in the past. And it's already making a difference. And they endorsed our opposition to federal programs and policies aimed at: Imposing greater burdens on taxpayers, Jeff is joining Roger Madsen at the Department of Labor, locking up our natural resources with regulatory roadblocks, Bill Deal at the Department of Insurance, Brian Ness at the imposing top-down mandates, and creating one-size-fits-all Transportation Department, Celia Gould at the Department government "solutions" to our challenges. of Agriculture, Gavin Gee at the Department of Finance, our colleges and universities and others to provide employers, job Thanks to your leadership and an understanding of our seekers and businesses looking to grow with the tools they need constituents' needs that I believe only citizen legislators can to succeed. possess, the result is a State government that does not face - and will not face - the staggering deficits, layoffs, shutdowns, tax Jeff and Roger in particular also are working closely with increases and other problems that are plaguing many other states. local economic development professionals and community leaders all over Idaho. But keeping our head above water in difficult times isn't good enough - not for us, and not for the people of Idaho. Their job is ensuring that we are fully prepared to take advantage of economic opportunities, and create even more - with We are not here just to get by. We are here to help enable the a well-trained and motivated workforce, targeted infrastructure people we serve to get ahead! investments and minimal government red tape. [January 9, 2012 SENATE JOURNAL 5

They understand that the role of government - effective And I urge you to act decisively in support of the government - is not to create dependency, but rather to facilitate legislative efforts that IGEM will require. That includes funding opportunity. collaborative research aimed at job creation. Is that the right path forward? Ask the hundreds of people Public schools throughout Idaho also are undergoing cultural who will be working for the new Chobani Greek yogurt plant and technological changes as we continue implementing the being built in Twin Falls. Students Come First reforms that you approved last year. In fact, ask anyone benefiting from the incredible economic I'm committed - along with Superintendent Luna - to growth and increasing business diversity being made possible by ensuring the success of those reforms. the success of our Idaho dairy industry. That's why my budget calls for fully funding Students Come Ask the hundreds of Idaho citizens who are drawing First, including its technology and pay-for-performance elements. paychecks and paying taxes as a result of growth at on The modest but targeted and responsible General Fund Semiconductor in Pocatello, or the new Allstate regional increase I'm proposing for public schools is the right path customer service center in Chubbuck. forward. It will help our limited taxpayer resources go farther Ask any of the employees or supporting businesses benefiting and make our K-through-12 education system more effective from the growth of Ground Force Manufacturing in Post Falls or and customer-driven. it's new under Ground Force expansion. Most importantly, fully funding Students Come First will Ask Scentsy, or any of the health science, research and help ensure the success of our Idaho students in an increasingly technology businesses choosing to expand into The CORE in complex, connected and competitive global marketplace. Meridian. Preparing Idaho students for the wider world and for reaching Other great Idaho companies like: their greatest potential right here at home is a constitutional responsibility for State government. MetaGeek in Boise, Dynamis in Eagle, and PNW Arms And like supporting our veterans, it also happens to be in Potlatch also have the potential to substantially change our the right thing to do - for our families, our communities, our economic landscape. economy, and our future. Those examples, and many more, are tangible results of When it comes to education, we cannot rely on the policies of Idaho's entrepreneurs stepping up and expressing confidence in the past to prepare our children for the possibilities of the future. our future. That's why I'm additionally proposing to fully fund the cost And the key to their willingness to stake their future on Idaho of enrollment growth going forward at our universities, colleges is the degree to which we make a commitment to being partners and community colleges. for progress. And it's my recommendation that we fully fund the cost Partnership is the key to a new program you'll be hearing of moving into and operating new facilities on those schools' more about in the weeks and months to come. campuses. It's called IGEM, for Idaho Global Entrepreneurial Mission. In that way we'll be addressing the top priorities identified by the presidents at those institutions. It's patterned on successful programs in Utah and Virginia. A similar concept is being applied in Colorado, and industry Now I'd like to say a few words about our community increasingly is wrapping its arms around the idea. colleges. So we're not reinventing the wheel here. In fact, our Specifically, I want to mention an extraordinary example agriculture industry has had similar programs in place for years. of collaboration between North Idaho College, the College of Southern Idaho and the College of Western Idaho. We're just perfecting it for our universities, our communities, and more of our Idaho businesses. As you know, there is a pressing need for more workforce training. IGEM involves industry, entrepreneurs, higher education, the Idaho National Laboratory and the Center for Advanced Energy In fact, the explosive growth of demand here in the Treasure Studies. Valley prompted the presidents and board chairs at NIC and CSI to actually defer their share of an additional $1 million in Together, their focus will be on creating value on our proposed funding for Fiscal 2013. campuses that will: They said they would rather see the extra money go to the Help our existing businesses grow, nurture the startup of new College of Western Idaho, which as you know is one of the businesses, and create more jobs and opportunities for Idaho. fasting-growing community colleges in our nation's history. That will require a genuine commitment, some targeted So with gratitude for their selflessness and appreciating investment and - perhaps most importantly - a significant cultural their foresight, I'm honoring that request in my budget change in how our universities approach research and working recommendation. with industry. Ladies and gentlemen, I was at St. Maries High School a I appreciate our university presidents and the State Board of few weeks ago to mark the statewide completion of our Idaho Education for partnering with us in that process. Education Network's Phase One efforts. 6 SENATE JOURNAL January 9, 2012]

All 194 Idaho high schools now are connected to the IEN - With that experience, and his growing influence in Congress, almost a year ahead of schedule and 16 percent under budget. he knows what it takes to get things done that reflect the priorities and needs of the people back here at home. In St. Maries, Principal John Cordell and Superintendent Joseph Kren have been champions of using technology and I'm proud that we are represented in Washington, D.C. by distance learning to improve and expand student achievement. four experienced legislators who served with distinction in this building. The culture at St. Maries High - as is the case with so many of our schools throughout Idaho - has been one aimed at enhancing On the other end of the spectrum, as you know, the Obama student achievement through a variety of learning options despite administration's so-called "Patient Protection and Affordable their remote and rural nature. Care Act" mandated establishment of a health insurance exchange in each state. St. Maries already is working with North Idaho College, Lewis-Clark State College and other curriculum providers to I have struggled with the federal imposition of this mandate demonstrate that the possibilities are limitless with an innovative - in part because Idaho was exploring ways to create its own and open mind. market-based health insurance exchange long before the federal law was adopted. And there are plenty of those throughout Idaho, eager for the chance to expand their horizons as our Students Come First Still, last September, I allowed State agencies to apply for a efforts will enable and empower them to do. grant to prepare for the federal law while we continue fighting it in court. Like our students, Idaho's State government also must be prepared for the challenges ahead. My decision to allow the application to be submitted simply preserved the opportunity for you and all Idahoans to discuss our Your understanding of the need to work for the best while options and decide what's best for our citizens. preparing for the worst gave us the ability to draw more than $381 million from our various reserve accounts over four budget years. In the next few weeks we will continue to have those discussions - weighing all our options and the potential outcomes Those funds were essential in helping Idaho weather associated with each of them. economic hard times without anything like the dislocation and draconian measures that some other states were forced to take. But it's also important to remember that those discussions will be taking place in the context of the U.S. Supreme Court That money helped us keep our credit rating high and our agreeing to consider the lawsuit that Idaho and 25 other states debt-level low. filed to protect the 10th Amendment rights of Idaho - andofthe people - to choose. It helped us keep our taxes in check and our eyes on emerging from this extended downturn with a balanced and structurally My goal is to collaborate with you today on a principled path sound budget. forward, so we're prepared for the health care environment that we'll have tomorrow. And we all know that's a pre-requisite for the growth and renewed prosperity we need. I look forward to hearing from you - and the people we serve - about our State role in ensuring that environment makes health That's why the budget I'm submitting to you proposes to care more accessible and affordable for all Idahoans. begin refilling our reserve accounts in preparation for the next unforeseen "rainy day." Of course, health care is only one of the challenges that lay ahead for us. My Executive Budget calls for setting aside a total of $60 million in the Public Education Stabilization Fund, the Budget We have little control over the vagaries of the world and Stabilization Fund, and the new Higher Education Stabilization national economy. Fund. But we can ensure that economic opportunity finds a That will help us maintain the kind of fiscal stability, welcoming home here in Idaho. certainty and responsibility that Idahoans deserve and employers look for in their State government. Ladies and gentlemen, that's why I'm proposing that we set aside $45 million for tax relief in Fiscal 2013. And that's what Idaho citizens will keep getting under my administration, with your help and continuing support. I have been discussing the form of that tax relief for some time now, with legislative leaders, business groups, tax experts By contrast, that's not what the American people are getting and our citizens. from Washington, D.C. There remains a wide diversity of opinion on how best to Despite the hard work of our fine congressional delegation, target tax relief. Idaho's brightest spot on the federal level in 2011 was doing what the courts refused to do. There are plenty of ideas, and just as many ways for us to crunch the numbers. Congressman Mike Simpson deserves our praise and our thanks for his successful legislation restoring State management But there's also broad consensus on the need to reduce of wolves. the burden both on our hard-working taxpayers and on those employers who are looking for opportunities to grow our It helps that Mike was a former Speaker of this House. economy while creating careers and livelihoods. [January 9, 2012 SENATE JOURNAL 7

I look forward to hearing your proposals and working with And that's served to strengthen the foundation on which you on responsible and forward-looking ways to keep more of public confidence is built. our taxpayers' money in their pockets - where it will do our communities and our people the most good. That's what being a laboratory of the republic really means. Beyond Idaho's borders, we are not tasked with addressing And it's what Idaho is perfectly suited to contribute to our the shortcomings of the national administration or the national discussion. consequences of its inaction and misplaced priorities. Speaking of teams, last summer my staff and I visited with What we can do - and all we should seek to do - is set the Boise State football coach Chris Petersen. best example possible of prudent, responsible, responsive and effective State government. We asked the coach how he's been able to keep upgrading the Broncos' success on the field. We can nurture and celebrate our private-sector success. We can encourage collaboration and partnership while protecting We asked how he's been able to build a national reputation individual freedom. We can foster and remove impediments to for excellence with what's considered limited resources by today's opportunity. And we can seek to more equitably reward our most college football standards. valued State employees for continuing in public service. What I took away from his answer was this: Focus. To that end, I'm proposing that we set aside $41 million from Focus on the challenges at hand. Focus on leveraging your the General Fund in Fiscal 2013 to reward our most deserving strengths. Focus on improving every day. Focus on what you employees - including our public school teachers. can control. And focus on helping individual players understand But that reward should be structured in such a way that it how they can help achieve team goals while reaching their own gives management as much flexibility as possible. academic and athletic potential. It also should be in the form of one-time payments, and it That's a pretty good formula for success. should be conditioned on tax revenues meeting our projections. It's a high standard, but one which I know everyone here Before I go on, I'd like to take just a moment to recognize today is committed to achieving for the people we serve. and offer my personal thanks to a long-time public servant who has been a mentor, a leader and a dear friend for generations of Keeping faith with the Idaho way of life we inherited - and Idahoans. which we want to pass on - demands nothing less. General Darrell Manning is one of the most committed, That way of life is characterized by our Idaho values - conscientious and common-sense people I've ever had the including our independence, our spiritual strengths, our strong privilege of knowing. He served in both chambers of this belief in self-determination, and our enduring love of liberty. Legislature. Those values in turn are driven by faith in the broader He was Idaho's first Transportation Director, and he's been American ideal that we as individuals have both the ability and a valued advisor and confidante of Governors and legislators for the responsibility to make our future better than our past. decades. The responsibility we share as political leaders is to ensure His recent decision to retire as chairman of the Idaho that every individual Idahoan has the opportunity to realize that Transportation Board leaves a vacuum of knowledge, experience goal. and institutional memory that will be difficult to fill. I am proud to have served by his side, and pleased to know that he will To do that, we must be united to overcome common continue to answer my calls for his sage counsel. challenges. General Manning, please stand and be recognized as we We must be consistent in nurturing success, and most of all applaud your work for the people of Idaho. we must be resolute in protecting our citizens in their efforts. With General Manning's support, I also want to announce Ladies and gentlemen let me close today by expressing my today that Region 3 Transportation Board member Jerry sincere gratitude to you for agreeing to be a part of this process. Whitehead has agreed to take over as chairman effective in February. Thomas Jefferson wrote an 1801 letter that nicely expresses the importance of integrity to the workings of government. I know you join me in welcoming Jerry to this new responsibility. He wrote - and I quote - "Of the various Executive duties, no one excites more anxious concern than that of placing the And I ask you to join me in pledging our support and interests of our fellow citizens in the hands of honest men with assistance to Jerry, the Transportation Board and Director Ness understanding sufficient for their station." as they work as a team to develop plans and priorities for this essential part of our economic infrastructure. And I would add today, "honest women." It's been that team concept that has enabled us to refine our My friends, you have the understanding, the perspective, and State government's processes these past few years. the love of our State and our nation far more than "sufficient" for your station - and far more than "sufficient" for the challenges of We've made them more transparent, seamless, responsive and the times in which we live. stable. Thank you and Godspeed. Most importantly, we have become better stewards of the taxpayers' money. Now, let's get to work! 8 SENATE JOURNAL January 9, 2012]

The Speaker thanked Governor Otter for his message. The committees came forward and escorted the Governor, the Supreme Court Justices, Appellate Court Judges, and the elected offiicials to their chambers and offices respectively, and were,on their return, thanked and discharged by the Speaker. On motion by Representative Bedke, seconded by Representative Higgins, by voice vote the State of the State and the Budget Address was ordered spread upon the pages of the House and Senate Journals. On motion by Representative Bedke, seconded by Representative Moyle, by voice vote the Joint Session was dissolved. The appointed committee came forward and escorted the Senators from the House Chamber. The Senate reconvened at 1:56 p.m., pursuant to recess, President Little presiding. Prior to recess the Senate was at the Eleventh Order of Business, Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 2:06 p.m. until the hour of 11:30 a.m., Tuesday, January 10, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [January 10, 2012 SENATE JOURNAL 9

SENATE JOURNAL No activity year-to-date in fiscal year 2012 OF THE IDAHO LEGISLATURE Balance as of December 31, 2011 $83,744.48 As Always - Idaho, Esto Perpetua SECOND REGULAR SESSION /s/ C.L. "Butch" Otter SIXTY-FIRST LEGISLATURE Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, SECOND LEGISLATIVE DAY the Senate advanced to the Fifteenth Order of Business. TUESDAY, JANUARY 10, 2012 Miscellaneous Business

Senate Chamber On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:40 a.m. until the hour President Little called the Senate to order at 11:30 a.m. of 11:30 a.m., Wednesday, January 11, 2012. BRAD LITTLE, President Roll call showed all members present except Senator Bilyeu, Attest: JENNIFER NOVAK, Secretary absent and formally excused by the Chair; and Senator Cameron absent and excused. Prayer was offered by Chaplain Keith Buhler. The Pledge of Allegiance was led by Ben Adams, Page. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 9, 2012, was read and approved as corrected. DARRINGTON, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Senator Cameron was recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business.

Messages from the Governor January 9, 2012 Jennifer Novak Secretary of the Senate Idaho State Legislature Dear Madam Secretary: As required by Section 57-1601, Idaho Code, I am transmitting the following report of the Governor's Emergency Fund for fiscal years 2011 and 2012.

Balance as of July 1, 2010 $83,744.48

No activity in fiscal year 2010

Balance as of June 30, 2011 $83,744.48 10 SENATE JOURNAL January 11, 2012] SENATE JOURNAL OF THE IDAHO LEGISLATURE SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE

THIRD LEGISLATIVE DAY WEDNESDAY, JANUARY 11, 2012

Senate Chamber President Little called the Senate to order at 11:30 a.m.

Roll call showed all members present except President Pro Tempore Hill and Senators Andreason and McKenzie, absent and excused. Prayer was offered by Chaplain Keith Buhler. The Pledge of Allegiance was led by Chase Bower, Page. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 10, 2012, was read and approved as corrected. DARRINGTON, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business President Pro Tempore Hill and Senator Andreason were recorded present at this order of business. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:10 p.m. until the hour of 11:30 a.m., Thursday, January 12, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [January 12, 2012 SENATE JOURNAL 11

SENATE JOURNAL The correspondence was ordered filed in the office ofthe Secretary of the Senate. OF THE The Idaho State Bar appointment was referred to the IDAHO LEGISLATURE Judiciary and Rules Committee. January 11, 2012 SECOND REGULAR SESSION The Honorable Brad Little SIXTY-FIRST LEGISLATURE President of the Senate Idaho State Senate Dear Mr. President:

FOURTH LEGISLATIVE DAY Pursuant to Section 67-6622, Idaho Code, I submit from the THURSDAY, JANUARY 12, 2012 records of this office the enclosed listing of the names ofthe lobbyists registered under the law. If we may be of assistance to you in regards to this listing, Senate Chamber please do not hesitate to contact this office. President Pro Tempore Hill called the Senate to order at Sincerely, 11:30 a.m. /s/ Ben Ysursa Secretary of State The correspondence was ordered filed in the office ofthe Roll call showed all members present except Senator Secretary of the Senate. LeFavour, absent and excused. The Senate advanced to the Fifth Order of Business. Prayer was offered by Chaplain Keith Buhler.

The Pledge of Allegiance was led by Ryan Chapman, Page. Petitions, Resolutions, and Memorials The Senate advanced to the Third Order of Business. Reading and Correction of the Journal SJR 102 BY JUDICIARY AND RULES COMMITTEE The JUDICIARY AND RULES Committee reports that the A JOINT RESOLUTION Senate Journal of the proceedings of January 11, 2012, was read PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE and approved as corrected. X, OF THE CONSTITUTION OF THE STATE OF IDAHO, DARRINGTON, Chairman RELATING TO THE CONTROL OVER STATE PRISONS; TO PROVIDE THAT THE STATE BOARD OF CORRECTION There being no objection, the report was adopted and ordered SHALL HAVE THE CONTROL, DIRECTION AND filed in the office of the Secretary of the Senate. MANAGEMENT OF ADULT FELONY PROBATION AND PAROLE; STATING THE QUESTION TO BE SUBMITTED The Senate advanced to the Fourth Order of Business. TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED Reading of Communications BY LAW AND DIRECTING THE SECRETARY OF STATE September 14, 2011 TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. Ms. Jennifer Novak Secretary of the Senate SJR 102 was introduced, read the first time at length, and Idaho State Capitol referred to the Judiciary and Rules Committee for printing. PO Box 83720 On request by Senator Davis, granted by unanimous consent, Boise, ID 83720-0054 the Senate advanced to the Ninth Order of Business. Dear Secretary of the Senate: On behalf of the Board of Commissioners of the Idaho State Messages from the House Bar, I am pleased to inform you that the Commission voted to appoint Joel P. Hazel of Coeur D'Alene to replace Anne Solomon, January 11, 2012 as a member of the Idaho Judicial Council. Mr. Hazel will serve a six-year term commencing on July 1, 2011 and expiring on Dear Mr. President: June 30, 2017. Pursuant to Idaho Code Section 1-2101, the appointment requires the consent of the Idaho Senate. I transmit herewith Enrolled HCR 29 for the signature of the President. If you have any questions, or need additional information, please let me know. ALEXANDER, Chief Clerk Sincerely, /s/ Diane K. Minnich The President Pro Tempore signed Enrolled HCR 29 and Executive Director ordered it returned to the House. 12 SENATE JOURNAL January 12, 2012]

The Senate advanced to the Tenth Order of Business. Senator LeFavour was recorded present at this order of business. The Senate advanced to the Eleventh Order of Business. Motions and Resolutions

On motion by Senator Davis, seconded by Senator Malepeai, Introduction, First Reading, and Reference of Bills, by voice vote, the following attaches were elected to fill the House Petitions, Resolutions, and Memorials offices provided for by the Constitution of the State of Idaho and by statute: S 1213 Assistant to Majority Leader ...... Marian Smith BY JUDICIARY AND RULES COMMITTEE AN ACT Assistant to Assistant Majority Leader ...... Lizzie Kukla RELATING TO PROCEEDINGS IN THE MAGISTRATE'S Assistant to Majority Caucus Chair ...... Hannah Mitchell DIVISION OF THE DISTRICT COURT; AMENDING Assistant to Secretary of Senate ...... June Keithly SECTION 19-3945, IDAHO CODE, TO REVISE PROVISIONS Journal Clerk ...... Sarah Hendrick RELATING TO JURORS' AND WITNESSES' FEES AND Calendar Clerk ...... Cari Kaplan MILEAGE AND TO MAKE A TECHNICAL CORRECTION. Minority Chief of Staff ...... Diane Kelly Minority Staff Assistant ...... Dan DeLuca Minority Staff Assistant ...... Caitlin Lister S 1214 Doorkeeper ...... Al Henderson BY JUDICIARY AND RULES COMMITTEE Sergeant at Arms ...... Sarah Jane McDonald AN ACT RELATING TO THE BOARD OF COMMISSIONERS OF THE Assistant Sergeant at Arms ...... Jerry Csutoras IDAHO STATE BAR; AMENDING SECTION 3-409, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO Majority Staff Assistants: ESTABLISH A LICENSE FEE FOR SENIOR MEMBERS. Minutes Editor/Secretary...... Ann Ingram Secretary ...... Diana Page S 1215 Secretary ...... Erin Bennett BY JUDICIARY AND RULES COMMITTEE Secretary ...... Janet Drake AN ACT Secretary ...... Shannon Dearing RELATING TO ESCAPE OR RESCUE OF PRISONERS; REPEALING SECTION 18-2503, IDAHO CODE, RELATING Committee Secretaries: TO CARRYING PRISONER THINGS TO AID ESCAPE; REPEALING SECTION 18-2510, IDAHO CODE, RELATING Agricultural Affairs ...... Christy Stansell TO ILLICIT CONVEYANCE OF ARTICLES INTO Commerce & Human Resources ...... Carol Deis CORRECTIONAL FACILITIES; REPEALING SECTION Education ...... LeAnn South 18-2511, IDAHO CODE, RELATING TO POSSESSION OF A CONTROLLED SUBSTANCE OR DANGEROUS WEAPON; Finance ...... Peggy Moyer AMENDING CHAPTER 25, TITLE 18, IDAHO CODE, BY Health & Welfare ...... Lois Bencken THE ADDITION OF A NEW SECTION 18-2510, IDAHO Judiciary & Rules ...... Leigh Hinds CODE, TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS, Local Government & Taxation ...... JoAnn Bujarski INTRODUCE OR REMOVE CERTAIN ARTICLES INTO OR FROM CORRECTIONAL FACILITIES, TO PROVIDE Resources & Environment ...... Juanita Budell PENALTIES AND TO DEFINE TERMS; AMENDING State Affairs ...... Twyla Melton SECTION 19-5506, IDAHO CODE, AS AMENDED BY Transportation ...... Gaye Bennett SECTION 1, CHAPTER 327, LAWS OF 2005, TO PROVIDE CORRECT CODE REFERENCES; AND AMENDING Senate Chaplain ...... Keith Buhler SECTION 32-1410, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES. Pages: Ben Adams, Boise S 1216 Chase Bower, Boise BY HAMMOND Ryan Chapman, Boise AN ACT Ben DeMordaunt, Eagle RELATING TO INCOME TAX CREDITS; AMENDING Renae Feist, Meridian SECTION 63-3029C, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR DONATIONS TO SPECIALIZED Rebekah Grad, Boise NEEDS RECREATION; DECLARING AN EMERGENCY Brian Kreis, Boise AND PROVIDING RETROACTIVE APPLICATION. Abigail Mocettini, Boise Tess Warzyn, Payette S 1217 Alexander Wright, Boise BY EDUCATION COMMITTEE AN ACT Whereupon the President instructed the Sergeant at Arms to RELATING TO EDUCATION; AMENDING SECTION 33-514, escort the attaches to the Desk at which time the Oath of Office IDAHO CODE, TO REVISE PROVISIONS RELATING TO was administered to the elected attaches and they were escorted CERTAIN EVALUATIONS; DECLARING AN EMERGENCY; from the Chamber. AND PROVIDING A CONTINGENT SUNSET DATE. [January 12, 2012 SENATE JOURNAL 13

S 1213, S 1214, S 1215, S 1216, and S 1217 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing.

On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:50 a.m. until the hour of 11:30 a.m., Friday, January 13, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary 14 SENATE JOURNAL January 13, 2012]

SENATE JOURNAL On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. OF THE Introduction, First Reading, and Reference of Bills, IDAHO LEGISLATURE House Petitions, Resolutions, and Memorials SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE S 1218 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO AGRICULTURE; AMENDING SECTION 22-3301, IDAHO CODE, TO REVISE A DECLARATION FIFTH LEGISLATIVE DAY OF POLICY; AMENDING SECTION 22-3302, IDAHO FRIDAY, JANUARY 13, 2012 CODE, TO REMOVE AN ASSOCIATION DESCRIPTION AND TO PROVIDE THE NAME OF AN ASSOCIATION; AMENDING SECTION 22-3304, IDAHO CODE, TO Senate Chamber MAKE A TECHNICAL CORRECTION; AMENDING SECTION 22-3305, IDAHO CODE, TO REMOVE ARCHAIC President Pro Tempore Hill called the Senate to order at PROVISIONS AND TO PROVIDE FOR THE WITHDRAWAL 11:30 a.m. OF A COMMISSIONER'S APPOINTMENT; AMENDING SECTION 22-3308, IDAHO CODE, TO PROVIDE THAT TWO OR MORE COMMISSION MEMBERS MAY MAKE Roll call showed all members present except Senator A WRITTEN REQUEST FOR A MEETING; AMENDING Vick, absent and formally excused by the Chair; and Senators SECTION 22-3309, IDAHO CODE, TO REMOVE Andreason and Lodge, absent and excused. REFERENCE TO THE IDAHO STATE WHEAT GROWERS' ASSOCIATION, TO AUTHORIZE THE CALLING OF Prayer was offered by Chaplain Keith Buhler. REFERENDUMS AND TO PROVIDE REFERENCE TO The Pledge of Allegiance was led by Ben DeMordaunt, Page. SPECIFIC LAW RELATING TO INSPECTION OF BOOKS, RECORDS AND ACCOUNTS BY THE PUBLIC; AMENDING The Senate advanced to the Third Order of Business. SECTION 22-3310, IDAHO CODE, TO PROVIDE FOR THE SOLICITATION OF GRANTS, DONATIONS AND GIFTS BY THE COMMISSION; AMENDING SECTION 22-3311, Reading and Correction of the Journal IDAHO CODE, TO PROVIDE THAT THE COMMISSION MAY REQUIRE THAT THE EXECUTIVE DIRECTOR The JUDICIARY AND RULES Committee reports that the OR ANY AGENT OR EMPLOYEE APPOINTED BY THE Senate Journal of the proceedings of January 12, 2012, was read COMMISSION BE BONDED; AMENDING SECTION and approved as corrected. 22-3312, IDAHO CODE, TO REMOVE PROVISIONS RELATING TO CERTAIN DUTIES OF THE EXECUTIVE DARRINGTON, Chairman DIRECTOR; REPEALING SECTION 22-3313, IDAHO CODE, RELATING TO ESTABLISHMENT OF THE EXECUTIVE There being no objection, the report was adopted and ordered DIRECTOR'S OFFICE; AMENDING SECTION 22-3315, filed in the office of the Secretary of the Senate. IDAHO CODE, TO REVISE AN EFFECTIVE DATE AND TO REVISE PROVISIONS RELATING TO THE Senator Andreason was recorded present at this order of MAXIMUM TAX PER BUSHEL ON CERTAIN WHEAT; business. AND AMENDING SECTION 22-3318, IDAHO CODE, On request by Senator Davis, granted by unanimous consent, TO REMOVE REFERENCE TO A SPECIFIC FUND, TO the Senate advanced to the Sixth Order of Business. PROVIDE FOR THE PAYMENT OF FINES INTO CERTAIN ACCOUNTS OF THE COMMISSION AND TO MAKE TECHNICAL CORRECTIONS. Reports of Standing Committees S 1218 was introduced, read the first time at length, and January 12, 2012 referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports that Senator Lodge was recorded present at this order of business. S 1213, S 1214, S 1215, S 1216, S 1217, and SJR 102 have been correctly printed. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. DARRINGTON, Chairman S 1213, S 1214, and S 1215 were referred to the Judiciary Miscellaneous Business and Rules Committee. On motion by Senator Davis, seconded by Senator Malepeai, S 1216 was referred to the Local Government and Taxation by voice vote, the Senate adjourned at 11:45 a.m. until the hour Committee. of 11:30 a.m., Monday, January 16, 2012. S 1217 was referred to the Education Committee. BRENT HILL, President Pro Tempore SJR 102 was referred to the State Affairs Committee. Attest: JENNIFER NOVAK, Secretary [January 16, 2012 SENATE JOURNAL 15 SENATE JOURNAL OF THE IDAHO LEGISLATURE SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE

EIGHTH LEGISLATIVE DAY MONDAY, JANUARY 16, 2012

Senate Chamber President Little called the Senate to order at 11:30 a.m.

Roll call showed all members present except Senators LeFavour and Malepeai, absent and formally excused by the Chair; and Senator Cameron, absent and excused. Prayer was offered by Chaplain Keith Buhler. The Pledge of Allegiance was led by Renae Feist, Page. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 13, 2012, was read and approved as corrected. DARRINGTON, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Reports of Standing Committees January 16, 2012 The JUDICIARY AND RULES Committee reports that S 1218 has been correctly printed. DARRINGTON, Chairman S 1218 was referred to the Agricultural Affairs Committee. Senator Cameron was recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Bock, by voice vote, the Senate adjourned at 11:40 a.m. until the hour of 11:30 a.m., Tuesday, January 17, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 16 SENATE JOURNAL January 17, 2012]

SENATE JOURNAL Senator LeFavour was recorded present at this order of business. OF THE On request by Senator Davis, granted by unanimous consent, IDAHO LEGISLATURE the Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, SECOND REGULAR SESSION House Petitions, Resolutions, and Memorials SIXTY-FIRST LEGISLATURE S 1219 BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO THE JUVENILE CORRECTIONS ACT; NINTH LEGISLATIVE DAY AMENDING SECTION 20-501, IDAHO CODE, TO CLARIFY TUESDAY, JANUARY 17, 2012 THAT CERTAIN PROVISIONS APPLY TO JUVENILE OFFENDERS; AMENDING SECTION 20-502, IDAHO CODE, TO REVISE DEFINITIONS AND TO REMOVE Senate Chamber A DEFINITION; AMENDING SECTION 20-503, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING President Little called the Senate to order at 11:30 a.m. SECTION 20-504, IDAHO CODE, TO PROVIDE THE DEPARTMENT OF JUVENILE CORRECTIONS WITH ADDITIONAL DUTIES, TO CLARIFY THAT CERTAIN Roll call showed all members present except Senators PROVISIONS APPLY TO JUVENILE OFFENDERS AND TO LeFavour and McKague, absent and excused. REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 20-504A, IDAHO CODE, TO REVISE PROVISIONS Prayer was offered by Chaplain Keith Buhler. RELATING TO STATE JUVENILE CORRECTIONAL CENTERS, TO CLARIFY THAT CERTAIN PROVISIONS The Pledge of Allegiance was led by Rebekah Grad, Page. APPLY TO JUVENILE OFFENDERS AND TO REMOVE A DEFINITION; AMENDING SECTION 20-505, IDAHO The Senate advanced to the Third Order of Business. CODE, TO REVISE PROVISIONS RELATING TO THE Reading and Correction of the Journal APPLICATION OF THE JUVENILE CORRECTIONS ACT AND TO MAKE A TECHNICAL CORRECTION; The JUDICIARY AND RULES Committee reports that the AMENDING SECTION 20-507, IDAHO CODE, TO CLARIFY Senate Journal of the proceedings of January 16, 2012, was read THAT CERTAIN PROVISIONS APPLY TO A JUVENILE and approved as corrected. OFFENDER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 20-508, IDAHO CODE, TO CLARIFY DARRINGTON, Chairman THAT CERTAIN PROVISIONS APPLY TO A JUVENILE There being no objection, the report was adopted and ordered OFFENDER AND TO MAKE A TECHNICAL CORRECTION; filed in the office of the Secretary of the Senate. AMENDING SECTION 20-509, IDAHO CODE, TO CLARIFY THAT CERTAIN PROVISIONS APPLY TO A JUVENILE On request by Senator Davis, granted by unanimous consent, OFFENDER; AMENDING SECTION 20-511, IDAHO CODE, the Senate advanced to the Eighth Order of Business. TO CLARIFY THAT CERTAIN PROVISIONS APPLY TO A JUVENILE OFFENDER; AMENDING SECTION Messages from the Governor 20-511A, IDAHO CODE, TO CLARIFY THAT CERTAIN January 16, 2012 PROVISIONS APPLY TO A JUVENILE OFFENDER; AMENDING SECTION 20-515, IDAHO CODE, TO CLARIFY The Honorable Brad Little THAT CERTAIN PROVISIONS APPLY TO A JUVENILE President of the Senate OFFENDER; AMENDING SECTION 20-516, IDAHO CODE, Idaho Legislature TO CLARIFY THAT CERTAIN PROVISIONS APPLY TO A JUVENILE OFFENDER AND TO REMOVE LANGUAGE Dear Mr. President: RELATING TO A STATEWIDE JUVENILE OFFENDER I have the honor to inform you that Susan M. Kiebert of INFORMATION SYSTEM; AMENDING SECTION 20-517, Hope, Idaho, was appointed as a member of the Idaho Judicial IDAHO CODE, TO CLARIFY THAT CERTAIN PROVISIONS Council to serve a term commencing October 4, 2011, and APPLY TO JUVENILE OFFENDERS, TO PROVIDE expiring July 1, 2017. CORRECT TERMINOLOGY, TO REVISE PROVISIONS RELATING TO DETENTION ACCOMMODATIONS FOR This appointment was made subject to confirmation by the JUVENILE OFFENDERS AND TO MAKE TECHNICAL Senate. Notice of appointment is hereby given. CORRECTIONS; AMENDING SECTION 20-518, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND As Always - Idaho, Esto Perpetua TO REQUIRE THAT JUVENILE DETENTION CENTERS /s/ C.L. "Butch" Otter MEET CERTAIN STANDARDS; AMENDING SECTION Governor 20-520, IDAHO CODE, TO CLARIFY THAT CERTAIN The correspondence was ordered filed in the office ofthe PROVISIONS APPLY TO A JUVENILE OFFENDER, TO Secretary of the Senate. REVISE PROVISIONS RELATING TO SENTENCING A JUVENILE OFFENDER AND TO MAKE A TECHNICAL The Gubernatorial appointment was referred to the Judiciary CORRECTION; AMENDING SECTION 20-521, IDAHO and Rules Committee. CODE, TO CLARIFY THAT CERTAIN PROVISIONS [January 17, 2012 SENATE JOURNAL 17

APPLY TO A JUVENILE OFFENDER AND TO PROVIDE REQUIREMENTS FOR HARASSMENT, INTIMIDATION CORRECT TERMINOLOGY; AMENDING SECTION AND BULLYING INFORMATION AND PROFESSIONAL 20-522, IDAHO CODE, TO CLARIFY THAT CERTAIN DEVELOPMENT, TO PROVIDE WHAT SHALL BE PROVISIONS APPLY TO A JUVENILE OFFENDER; INCLUDED IN DISTRICT POLICIES AND TO PROVIDE AMENDING SECTION 20-524, IDAHO CODE, TO FOR CERTAIN ANNUAL REPORTS. CLARIFY THAT CERTAIN PROVISIONS APPLY TO A JUVENILE OFFENDER AND TO REMOVE PROVISIONS S 1221 RELATING TO CHILD SUPPORT ORDERS AND DECREES; BY JUDICIARY AND RULES COMMITTEE AMENDING SECTION 20-524A, IDAHO CODE, TO AN ACT CLARIFY THAT CERTAIN PROVISIONS APPLY TO A RELATING TO HOMICIDE; AMENDING SECTION 18-4003, JUVENILE OFFENDER AND TO PROVIDE CORRECT IDAHO CODE, TO PROVIDE ADDITIONAL PROVISIONS TERMINOLOGY; AMENDING SECTION 20-525, IDAHO RELATING TO MURDER OF THE FIRST DEGREE. CODE, TO CLARIFY THAT CERTAIN PROVISIONS APPLY TO A JUVENILE OFFENDER; AMENDING SECTION S 1222 20-525A, IDAHO CODE, TO CLARIFY THAT CERTAIN BY JUDICIARY AND RULES COMMITTEE PROVISIONS APPLY TO A JUVENILE OFFENDER, TO AN ACT PROVIDE CORRECT TERMINOLOGY AND TO MAKE A RELATING TO JUDGES; AMENDING SECTION 5-306, TECHNICAL CORRECTION; AMENDING SECTION 20-526, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; IDAHO CODE, TO CLARIFY THAT CERTAIN PROVISIONS AMENDING SECTION 7-602, IDAHO CODE, TO APPLY TO A JUVENILE OFFENDER AND TO MAKE REMOVE OBSOLETE LANGUAGE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION A TECHNICAL CORRECTION; AMENDING SECTION 20-528, IDAHO CODE, TO CLARIFY THAT CERTAIN 18-4309, IDAHO CODE, TO REMOVE OBSOLETE PROVISIONS APPLY TO A JUVENILE OFFENDER; LANGUAGE, TO PROVIDE CORRECT TERMINOLOGY AMENDING SECTION 20-530, IDAHO CODE, TO CLARIFY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING THAT CERTAIN PROVISIONS APPLY TO JUVENILE SECTION 18-4907, IDAHO CODE, TO REMOVE OFFENDERS; AMENDING SECTION 20-531, IDAHO OBSOLETE LANGUAGE AND TO MAKE A TECHNICAL CODE, TO CLARIFY THAT CERTAIN PROVISIONS APPLY CORRECTION; AMENDING SECTION 19-224, IDAHO TO A JUVENILE OFFENDER; AMENDING SECTION CODE, TO REMOVE OBSOLETE LANGUAGE AND 20-532, IDAHO CODE, TO CLARIFY THAT CERTAIN TO MAKE A TECHNICAL CORRECTION; AMENDING PROVISIONS APPLY TO A JUVENILE OFFENDER; SECTION 19-227, IDAHO CODE, TO REMOVE OBSOLETE AMENDING SECTION 20-532A, IDAHO CODE, TO LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; CLARIFY THAT CERTAIN PROVISIONS APPLY TO A AMENDING SECTION 19-503, IDAHO CODE, TO PROVIDE JUVENILE OFFENDER; AMENDING SECTION 20-533, THAT THE JUDGES OF THE COURT OF APPEALS IDAHO CODE, TO CLARIFY THAT CERTAIN PROVISIONS ARE MAGISTRATES AND TO MAKE TECHNICAL APPLY TO A JUVENILE OFFENDER AND TO MAKE CORRECTIONS; AMENDING SECTION 19-512, IDAHO TECHNICAL CORRECTIONS; AMENDING SECTION CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING 20-533A, IDAHO CODE, TO CLARIFY THAT CERTAIN SECTION 19-3006, IDAHO CODE, TO REMOVE PROVISIONS APPLY TO A JUVENILE OFFENDER; OBSOLETE LANGUAGE AND TO PROVIDE CORRECT AMENDING SECTION 20-535, IDAHO CODE, TO CLARIFY TERMINOLOGY; REPEALING SECTION 19-3009, IDAHO THAT CERTAIN PROVISIONS APPLY TO JUVENILE CODE, RELATING TO THE COMPULSORY ATTENDANCE OFFENDERS; AMENDING SECTION 20-539A, IDAHO OF WITNESSES; AMENDING SECTION 19-3602, IDAHO CODE, TO CLARIFY THAT CERTAIN PROVISIONS APPLY CODE, TO REMOVE OBSOLETE LANGUAGE AND TO A JUVENILE OFFENDER; AMENDING SECTION TO PROVIDE CORRECT TERMINOLOGY; AMENDING 20-542, IDAHO CODE, TO CLARIFY THAT CERTAIN SECTION 19-3903, IDAHO CODE, TO REMOVE PROVISIONS APPLY TO JUVENILE OFFENDERS; OBSOLETE LANGUAGE AND TO PROVIDE CORRECT AMENDING SECTION 20-547, IDAHO CODE, TO TERMINOLOGY; AMENDING SECTION 19-3904, REMOVE OBSOLETE LANGUAGE; AMENDING SECTION IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE 20-548, IDAHO CODE, TO CLARIFY THAT CERTAIN AND TO PROVIDE CORRECT TERMINOLOGY; PROVISIONS APPLY TO A JUVENILE OFFENDER; AND AMENDING SECTION 19-4304, IDAHO CODE, TO AMENDING SECTION 20-549, IDAHO CODE, TO CLARIFY REMOVE OBSOLETE LANGUAGE AND TO PROVIDE THAT CERTAIN PROVISIONS APPLY TO A JUVENILE CORRECT TERMINOLOGY; AMENDING SECTION OFFENDER AND TO REVISE PROVISIONS RELATING TO 19-4407, IDAHO CODE, TO REMOVE OBSOLETE CURFEW VIOLATIONS. LANGUAGE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; S 1220 AMENDING SECTION 32-401, IDAHO CODE, TO REMOVE BY JUDICIARY AND RULES COMMITTEE OBSOLETE LANGUAGE; AMENDING SECTION 32-402, AN ACT IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; RELATING TO HARASSMENT, INTIMIDATION OR AMENDING SECTION 35-106, IDAHO CODE, TO BULLYING OF A STUDENT; AMENDING SECTION REMOVE OBSOLETE LANGUAGE AND TO PROVIDE 18-917A, IDAHO CODE, TO PROVIDE APPLICATION OF CORRECT TERMINOLOGY; AMENDING SECTION 38-804, THE SECTION TO AN ADDITIONAL INDIVIDUAL, TO IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE REVISE WHAT ACTION SHALL BE AN INFRACTION AND TO PROVIDE CORRECT TERMINOLOGY; AND TO REPLACE DISCRETIONARY LANGUAGE WITH AMENDING SECTION 38-805, IDAHO CODE, TO REMOVE MANDATORY LANGUAGE; AND AMENDING CHAPTER OBSOLETE LANGUAGE AND TO PROVIDE CORRECT 16, TITLE 33, IDAHO CODE, BY THE ADDITION OF A TERMINOLOGY; AMENDING SECTION 39-258, IDAHO NEW SECTION 33-1628, IDAHO CODE, TO PROVIDE CODE, TO REMOVE OBSOLETE LANGUAGE AND 18 SENATE JOURNAL January 17, 2012]

TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 48-406, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 55-702, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 55-717, IDAHO CODE, RELATING TO A CERTIFICATE OF JUSTICE AND AUTHENTICATION; AMENDING SECTION 55-1101, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE AND TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 55-1103, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE AND TO PROVIDE CORRECT TERMINOLOGY.

S 1223 BY EDUCATION COMMITTEE AN ACT RELATING TO SCHOOL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO AUTHORIZE THE USE OF VACANT LAND OF A SCHOOL DISTRICT FOR CERTAIN PURPOSES.

S 1224 BY EDUCATION COMMITTEE AN ACT RELATING TO EDUCATION; AMENDING SECTION 33-514, IDAHO CODE, TO REVISE PROVISIONS RELATING TO CERTAIN EVALUATIONS; DECLARING AN EMERGENCY; AND PROVIDING A CONTINGENT SUNSET DATE. S 1219, S 1220, S 1221, S 1222, S 1223, and S 1224 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:45 a.m. until the hour of 11:30 a.m., Wednesday, January 18, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [January 18, 2012 SENATE JOURNAL 19

On request by Senator Davis, granted by unanimous consent, Reports of Standing Committees the Senate advanced to the Fifth Order of Business.

January 18, 2012 Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports that S 1219, S 1220, S 1221, S 1222, S 1223, and S 1224 have been SCR 110 correctly printed. BY HEALTH AND WELFARE COMMITTEE A CONCURRENT RESOLUTION DARRINGTON, Chairman STATING FINDINGS OF THE LEGISLATURE AND ACKNOWLEDGING THE SERIOUSNESS OF ALZHEIMER'S DISEASE AND OTHER DEMENTIAS IN IDAHO BY S 1219, S 1221, and S 1222 were referred to the Judiciary ENDORSING THE IDAHO ALZHEIMER'S PLANNING and Rules Committee. GROUP AND SUPPORTING SAID PLANNING GROUP'S COMPREHENSIVE APPROACH TO THE DEVELOPMENT S 1220, S 1223, and S 1224 were referred to the Education OF A STATEWIDE PLAN TO ADDRESS THE NEEDS Committee. OF PEOPLE WITH ALZHEIMER'S DISEASE AND OTHER DEMENTIAS, THEIR FAMILY MEMBERS AND January 18, 2012 CAREGIVERS. The STATE AFFAIRS Committee reports out SJR 102 with Be It Resolved by the Legislature of the State of Idaho: the recommendation that it do pass. WHEREAS, some 26,000 Idahoans are currently diagnosed MCKENZIE, Chairman with Alzheimer's disease, and the number is projected to double in the next 14 years; and SJR 102 was filed for second reading. 20 SENATE JOURNAL January 18, 2012]

On request by Senator Davis, granted by unanimous consent, This appointment was made subject to confirmation by the the Senate advanced to the Eighth Order of Business. Senate. Notice of appointment is hereby given. Messages from the Governor As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor January 16, 2012 The correspondence was ordered filed in the office ofthe The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Health and Welfare Committee. Dear Mr. President: I have the honor to inform you that Kenneth T. Anderson of January 16, 2012 Rigby, Idaho, was appointed as a member of the Idaho Fish and Game Commission to serve a term commencing July 5, 2011, and The Honorable Brad Little expiring June 30, 2015. President of the Senate This appointment was made subject to confirmation by the Idaho Legislature Senate. Notice of appointment is hereby given. Dear Mr. President: As Always - Idaho, Esto Perpetua I have the honor to inform you that John Randolph /s/ C.L. "Butch" Otter MacMillan of Buhl, Idaho, was appointed as a member of the Governor Board of Environmental Quality to serve a term commencing The correspondence was ordered filed in the office ofthe July 1, 2011, and expiring July 1, 2015. Secretary of the Senate. This appointment was made subject to confirmation by the The Gubernatorial appointment was referred to the Senate. Notice of appointment is hereby given. Resources and Environment Committee. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter January 16, 2012 Governor The Honorable Brad Little The correspondence was ordered filed in the office ofthe President of the Senate Secretary of the Senate. Idaho Legislature The Gubernatorial appointment was referred to the Health Dear Mr. President: and Welfare Committee. I have the honor to inform you that Fred Trevey of Lewiston, January 16, 2012 Idaho, was appointed as a member of the Idaho Fish and Game Commission to serve a term commencing June 30, 2011, and The Honorable Brad Little expiring June 30, 2015. President of the Senate Idaho Legislature This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dear Mr. President: As Always - Idaho, Esto Perpetua I have the honor to inform you that Kevin C. Boling of /s/ C.L. "Butch" Otter Coeur d'Alene, Idaho, was appointed as a member of the Board Governor of Environmental Quality to serve a term commencing October 11, 2011, and expiring July 1, 2015. The correspondence was ordered filed in the office ofthe Secretary of the Senate. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Gubernatorial appointment was referred to the Resources and Environment Committee. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor January 16, 2012 The correspondence was ordered filed in the office ofthe The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Health and Welfare Committee. Dear Mr. President: January 16, 2012 I have the honor to inform you that Nick Purdy of Picabo, Idaho, was appointed as a member of the Board of Environmental The Honorable Brad Little Quality to serve a term commencing July 1, 2011, and expiring President of the Senate July 1, 2015. Idaho Legislature [January 18, 2012 SENATE JOURNAL 21

Dear Mr. President: January 17, 2012 I have the honor to inform you that Mark J. Holubar of Idaho The Honorable Brad Little Falls, Idaho, was appointed as a member of the Idaho Personnel President of the Senate Commission to serve a term commencing November 17, 2011, Idaho Legislature and expiring July 1, 2017. Dear Mr. President: This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. I have the honor to inform you that Gerald "Jerry" Trebesch of Boise, Idaho, was appointed as a member of the State Soil and As Always - Idaho, Esto Perpetua Water Conservation Commission to serve a term commencing /s/ C.L. "Butch" Otter October 4, 2011, and expiring July 1, 2016. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office ofthe Senate. Notice of appointment is hereby given. Secretary of the Senate. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Gubernatorial appointment was referred to the Governor Commerce and Human Resources Committee. The correspondence was ordered filed in the office ofthe Secretary of the Senate. January 16, 2012 The Gubernatorial appointment was referred to the The Honorable Brad Little Agricultural Affairs Committee. President of the Senate Idaho Legislature January 17, 2012 Dear Mr. President: The Honorable Brad Little President of the Senate I have the honor to inform you that John Michael Brassey of Idaho Legislature Boise, Idaho, was appointed as a member of the Idaho Personnel Commission to serve a term commencing July 1, 2011, and Dear Mr. President: expiring July 1, 2017. I have the honor to inform you that H. Norman Wright This appointment was made subject to confirmation by the of American Falls, Idaho, was appointed as a member of the Senate. Notice of appointment is hereby given. State Soil and Water Conservation Commission to serve a term As Always - Idaho, Esto Perpetua commencing October 4, 2011, and expiring July 1, 2012. /s/ C.L. "Butch" Otter This appointment was made subject to confirmation by the Governor Senate. Notice of appointment is hereby given. The correspondence was ordered filed in the office ofthe As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter The Gubernatorial appointment was referred to the Governor Commerce and Human Resources Committee. The correspondence was ordered filed in the office ofthe Secretary of the Senate. January 16, 2012 The Gubernatorial appointment was referred to the The Honorable Brad Little Agricultural Affairs Committee. President of the Senate Idaho Legislature The Senate advanced to the Ninth Order of Business. Dear Mr. President: Messages from the House I have the honor to inform you that Peter J. Black of January 17, 2012 Pocatello, Idaho, was appointed as a member of the Idaho Dear Mr. President: Personnel Commission to serve a term commencing July 1, 2011, and expiring July 1, 2017. I transmit herewith H 355 , which has passed the House. This appointment was made subject to confirmation by the ALEXANDER, Chief Clerk Senate. Notice of appointment is hereby given. H 355 was filed for first reading. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Senate advanced to the Tenth Order of Business. Governor Motions and Resolutions The correspondence was ordered filed in the office ofthe Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, the seats as presently occupied were permanently assigned to the The Gubernatorial appointment was referred to the Senators for the Second Regular Session of the Sixty-first Idaho Commerce and Human Resources Committee. Legislature. 22 SENATE JOURNAL January 18, 2012]

The President announced that Senator Daniel Johnson will S 1230 serve on the Commerce and Human Resources Committee and BY STATE AFFAIRS COMMITTEE Local Government and Taxation Committee, and on request by AN ACT Senator Davis, granted by unanimous consent, nunc pro tunc, RELATING TO FILING OF FOREIGN JUDGMENTS; January 9, 2012. AMENDING SECTION 10-1302, IDAHO CODE, TO REVISE WHERE COPIES OF FOREIGN JUDGMENTS SHALL BE The President announced that Senator Jeff Siddoway will be FILED AND TO MAKE A TECHNICAL CORRECTION. the Chairman for the Agricultural Affairs Committee and Senator Tim Corder will be the Chairman for the Local Government and S 1231 Taxation Committee, and on request by Senator Davis, granted BY STATE AFFAIRS COMMITTEE by unanimous consent, nunc pro tunc, January 9, 2012. AN ACT RELATING TO A MOTOR VEHICLE INSPECTION AND The Senate advanced to the Eleventh Order of Business. MAINTENANCE PROGRAM; AMENDING SECTION Introduction, First Reading, and Reference of Bills, 39-116B, IDAHO CODE, TO PROVIDE FOR A ONE YEAR House Petitions, Resolutions, and Memorials WAIVER UPON CERTAIN EVENTS OCCURRING. S 1225, S 1226, S 1227, S 1228, S 1229, S 1230, and S 1231 were introduced, read the first time at length, and referred S 1225 to the Judiciary and Rules Committee for printing. BY COMMERCE AND HUMAN RESOURCES COMMITTEE H 355 , by Revenue and Taxation Committee, was AN ACT introduced, read the first time at length, and referred to the Local RELATING TO IDAHO REAL ESTATE LICENSE LAW; Government and Taxation Committee. AMENDING SECTION 54-2014, IDAHO CODE, TO INCREASE THE MAXIMUM FEE AMOUNT FOR A On request by Senator Davis, granted by unanimous consent, LICENSE EXAM. the Senate advanced to the Fifteenth Order of Business.

S 1226 Miscellaneous Business BY COMMERCE AND HUMAN RESOURCES COMMITTEE On motion by Senator Davis, seconded by Senator Malepeai, AN ACT by voice vote, the Senate adjourned at 11:55 a.m. until the hour RELATING TO IDAHO REAL ESTATE LICENSE LAW; of 11 a.m., Thursday, January 19, 2012. AMENDING SECTION 54-2013, IDAHO CODE, TO BRAD LITTLE, President INCREASE THE MAXIMUM PREMIUM AMOUNT FOR ERRORS AND OMISSIONS INSURANCE COVERAGE. Attest: JENNIFER NOVAK, Secretary S 1227 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO IDAHO REAL ESTATE LICENSE LAW; AMENDING SECTION 54-2023, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS RELATING TO CONTINUING EDUCATION CLASSROOM HOURS AND TO MAKE A TECHNICAL CORRECTION.

S 1228 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO IDAHO REAL ESTATE LICENSE LAW; AMENDING SECTION 54-2012, IDAHO CODE, TO REVISE A PROVISION RELATING TO THE MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE; AND AMENDING SECTION 54-2093, IDAHO CODE, TO REMOVE AN OBSOLETE TERM.

S 1229 BY TRANSPORTATION COMMITTEE AN ACT RELATING TO SPEED LIMITS; AMENDING SECTION 49-654, IDAHO CODE, TO PROVIDE THAT THE SPEED LIMITS FOR VEHICLES WITH FIVE OR MORE AXLES OPERATING AT A GROSS WEIGHT OF MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL BE THE SAME AS FOR OTHER MOTOR VEHICLES. [January 19, 2012 SENATE JOURNAL 23

SENATE JOURNAL Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials OF THE S 1232 BY JUDICIARY AND RULES COMMITTEE IDAHO LEGISLATURE AN ACT RELATING TO THE UNIFORM PRUDENT INVESTOR ACT; SECOND REGULAR SESSION AMENDING SECTION 68-514, IDAHO CODE, TO PROVIDE SIXTY-FIRST LEGISLATURE THAT THE PROVISIONS OF THE UNIFORM PRUDENT INVESTOR ACT SHALL APPLY TO CERTAIN ENTITIES AND PERSONS TO ACT AS A CONSERVATOR UNDER THE LAWS OF THE STATE OF IDAHO AND TO MAKE TECHNICAL CORRECTIONS. ELEVENTH LEGISLATIVE DAY THURSDAY, JANUARY 19, 2012 S 1233 BY JUDICIARY AND RULES COMMITTEE AN ACT Senate Chamber RELATING TO GUARDIANS OF MINORS; AMENDING SECTION 15-5-210, IDAHO CODE, TO REVISE President Little called the Senate to order at 11 a.m. PROVISIONS AND TO ESTABLISH ADDITIONAL PROVISIONS RELATING TO THE TERMINATION OF A GUARDIANSHIP; AND AMENDING SECTION 15-5-212, Roll call showed all members present except Senators IDAHO CODE, TO REVISE PROVISIONS RELATING TO Keough and Nuxoll, absent and formally excused by the Chair; CERTAIN RESIGNATION, REMOVAL, MODIFICATION and Senator Werk, absent and excused. AND TERMINATION PROCEEDINGS AND TO MAKE TECHNICAL CORRECTIONS. Prayer was offered by Chaplain Keith Buhler. S 1232 and S 1233 were introduced, read the first time at The Pledge of Allegiance was led by Abigail Mocettini, length, and referred to the Judiciary and Rules Committee for Page. printing. The Senate advanced to the Third Order of Business. The Senate advanced to the Twelfth Order of Business. Reading and Correction of the Journal Second Reading of Bills The JUDICIARY AND RULES Committee reports that the SJR 102 , by Judiciary and Rules Committee, was read the Senate Journal of the proceedings of January 18, 2012, was read second time at length and filed for third reading. and approved as corrected. Senator Werk was recorded present at this order of business. DARRINGTON, Chairman On request by Senator Davis, granted by unanimous consent, There being no objection, the report was adopted and ordered the Senate advanced to the Fifteenth Order of Business. filed in the office of the Secretary of the Senate. Miscellaneous Business On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:15 a.m. until the hour Reports of Standing Committees of 11:15 a.m., Friday, January 20, 2012. January 19, 2012 BRAD LITTLE, President The JUDICIARY AND RULES Committee reports that Attest: JENNIFER NOVAK, Secretary S 1225, S 1226, S 1227, S 1228, S 1229, S 1230, S 1231, and SCR 110 have been correctly printed. DARRINGTON, Chairman S 1225, S 1226, S 1227, and S 1228 were referred to the Commerce and Human Resources Committee. S 1229 and S 1231 were referred to the Transportation Committee. S 1230 was referred to the Judiciary and Rules Committee. On request by Senator Lodge, granted by unanimous consent, SCR 110 was referred to the Health and Welfare Committee. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. 24 SENATE JOURNAL January 20, 2012]

SENATE JOURNAL Petitions, Resolutions, and Memorials OF THE SR 103 BY STATE AFFAIRS COMMITTEE A SENATE RESOLUTION IDAHO LEGISLATURE RECOGNIZING, HONORING AND COMMENDING JEANNINE WOOD AND RUSTI HORTON FOR THEIR SECOND REGULAR SESSION YEARS OF SERVICE TO THE LEGISLATURE OF THE SIXTY-FIRST LEGISLATURE STATE OF IDAHO UPON THEIR RETIREMENTS.

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

WHEREAS, the Senate takes note that two long-time TWELFTH LEGISLATIVE DAY employees of the Idaho Senate retired in 2011; and FRIDAY, JANUARY 20, 2012 WHEREAS, Secretary of the Senate Jeannine Wood has been the Secretary of the Senate since 1990, overseeing lawmaking with grace, dignity and class; and Senate Chamber WHEREAS, as the Senate's parliamentarian, Jeannine was beloved by both Republicans and Democrats for unfailing At the request of the President Pro Tempore, Acting President fairness, good humor and competence. She kept the train running, Darrington called the Senate to order at 11:15 a.m. writing daily scripts to guide each day's business, a parliamentary guide for senators and manuals for senators, committee chairmen and staff; and Roll call showed all members present except Senators WHEREAS, Jeannine was awarded the NCSL 2008 Keough and Nuxoll, absent and formally excused by the Chair. Legislative Staff Achievement Award for the American Society of Legislative Clerks and Secretaries, who said: "The ASLCS Prayer was offered by Chaplain Keith Buhler. recognizes Jeannine Wood for her outstanding contributions to The Pledge of Allegiance was led by Tess Warzyn, Page. the Idaho Senate and her distinguished service to ASLCS and NCSL. Jeannine has served in the Idaho Senate since 1976 and The Senate advanced to the Third Order of Business. was elected secretary of the Senate in 1990. She has been a member of the ASLCS executive committee and has chaired Reading and Correction of the Journal four standing committees, with multiple years as chair of the bylaws and standing orders and roster committees. Jeannine was The JUDICIARY AND RULES Committee reports that the chosen for this honor for her experience with and commitment Senate Journal of the proceedings of January 19, 2012, was read to the Idaho Senate and ASLCS, her steadfast dedication to the and approved as corrected. legislative institution and her willingness to serve, lead and share DARRINGTON, Chairman her expertise with others"; and WHEREAS, Senate and legislative employee Rusti Horton There being no objection, the report was adopted and ordered also retired during 2011 having served as a member of the Idaho filed in the office of the Secretary of the Senate. House of Representatives in 1988, and later as an employee of the Legislative Services Office and chief assistant to Secretary Wood; The Senate advanced to the Fourth Order of Business. and WHEREAS, both Jeannine and Rusti served as secretaries Reading of Communications to interim committees, assisted with reapportionment when the Legislature was tasked with that endeavor and helped process legislation; and January 18, 2012 WHEREAS, both Jeannine and Rusti uniquely embody loyalty to the institution of the Legislature and the customer The Honorable Brad Little service culture of the Legislative Services Office; and President of the Senate WHEREAS, both Jeannine and Rusti have been consummate Idaho State Senate professionals, always treating legislators and members of the Dear Mr. President: public with warmth, friendliness and a sense of humor. NOW, THEREFORE, BE IT RESOLVED by the members Pursuant to Section 67-6622, Idaho Code, I submit from the of the Senate, assembled in the Second Regular Session of records of this office the enclosed listing of the names ofthe the Sixty-first Idaho Legislature, that we recognize, honor and lobbyists registered under the law. commend Jeannine Wood and Rusti Horton for their years of service to the Idaho Legislature, for their positive contributions If we may be of assistance to you in regards to this listing, to the Legislature, its employees and the legislative process, and please do not hesitate to contact this office. wish them both well in retirement. Sincerely, BE IT FURTHER RESOLVED that the Secretary of the /s/ Ben Ysursa Senate is hereby authorized to present a copy of this Resolution Secretary of State to Jeannine Wood and Rusti Horton. The correspondence was ordered filed in the office ofthe SR 103 was introduced, read at length, and referred to the Secretary of the Senate. Judiciary and Rules Committee for printing. The Senate advanced to the Fifth Order of Business. The Senate advanced to the Sixth Order of Business. [January 20, 2012 SENATE JOURNAL 25

Reports of Standing Committees The correspondence was ordered filed in the office ofthe Secretary of the Senate. January 20, 2012

The JUDICIARY AND RULES Committee reports that The Gubernatorial appointment was referred to the S 1232 and S 1233 have been correctly printed. Resources and Environment Committee. DARRINGTON, Chairman S 1232 and S 1233 were referred to the Judiciary and Rules January 18, 2012 Committee. The Honorable Brad Little January 19, 2012 President of the Senate Idaho Legislature The EDUCATION Committee reports out S 1223 and S 1224 with the recommendation that they do pass. Dear Mr. President: GOEDDE, Chairman I have the honor to inform you that Linda Pike of Moscow, Idaho, was appointed as a member of the Board of Tax Appeals S 1223 and S 1224 were filed for second reading. to serve a term commencing June 30, 2011, and expiring June 30, 2014. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Messages from the Governor As Always - Idaho, Esto Perpetua January 19, 2012 /s/ C.L. "Butch" Otter The Honorable Brad Little Governor President of the Senate The correspondence was ordered filed in the office ofthe Idaho Legislature Secretary of the Senate. Dear Mr. President: The Gubernatorial appointment was referred to the Local I am hereby transmitting to the Idaho State Senate a list Government and Taxation Committee. of all gubernatorial appointments that had not been previously January 18, 2012 communicated pursuant to Title 67, Section 803 of the Idaho Code. The Honorable Brad Little President of the Senate I am also transmitting a second list identifying the Idaho Legislature appointments that require senate confirmation for your convenience ("For Confirmation 2012"). Dear Mr. President: Additional appointments made during this session will I have the honor to inform you that Richard W. Jackson of be submitted forthwith with the appropriate corresponding Emmett, Idaho, was appointed as a member of the State Tax information for your consideration. Please do not hesitate to Commission to serve a term commencing July 7, 2011, and contact me if you have any questions. expiring April 1, 2017. As Always - Idaho, Esto Perpetua This appointment was made subject to confirmation by the /s/ C.L. "Butch" Otter Senate. Notice of appointment is hereby given. Governor As Always - Idaho, Esto Perpetua The correspondence was ordered filed in the office ofthe /s/ C.L. "Butch" Otter Secretary of the Senate. Governor January 18, 2012 The correspondence was ordered filed in the office ofthe The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Local Government and Taxation Committee. Dear Mr. President: January 19, 2012 I have the honor to inform you that Jim Yost of Meridian, Idaho, was appointed as a member of the Northwest Power and The Honorable Brad Little Conservation Council to serve a term commencing January 15, President of the Senate 2012, and expiring January 15, 2015. Idaho Legislature This appointment was made subject to confirmation by the Dear Mr. President: Senate. Notice of appointment is hereby given. I have the honor to inform you that Alex Irby of Orofino, As Always - Idaho, Esto Perpetua Idaho, was appointed as a member of the Outfitters and Guides /s/ C.L. "Butch" Otter Licensing Board to serve a term commencing May 31, 2011, and Governor expiring May 31, 2014. 26 SENATE JOURNAL January 20, 2012]

This appointment was made subject to confirmation by the On request by Senator Winder, granted by unanimous Senate. Notice of appointment is hereby given. consent, the Senate advanced to the Eleventh Order of Business. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Introduction, First Reading, and Reference of Bills, Governor House Petitions, Resolutions, and Memorials

The correspondence was ordered filed in the office ofthe S 1234 Secretary of the Senate. BY WERK AN ACT The Gubernatorial appointment was referred to the RELATING TO PROPRIETARY SCHOOLS; AMENDING Resources and Environment Committee. CHAPTER 24, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2410, IDAHO CODE, TO PROVIDE REQUIRED PROPRIETARY SCHOOL DISCLOSURES TO January 19, 2012 STUDENTS. The Honorable Brad Little S 1235 President of the Senate BY BOCK, LEFAVOUR, BILYEU, MALEPEAI, SCHMIDT, Idaho Legislature WERK, STENNETT Dear Mr. President: AN ACT RELATING TO LOBBYING; TO PROVIDE A SHORT I have the honor to inform you that Chris Korell of Emmett, TITLE; AMENDING CHAPTER 66, TITLE 67, IDAHO Idaho, was appointed as a member of the Outfitters and Guides CODE, BY THE ADDITION OF A NEW SECTION Licensing Board to serve a term commencing April 20, 2011, and 67-6617A, IDAHO CODE, TO PROHIBIT LOBBYING expiring April 20, 2014. AND REGISTRATION AS LOBBYISTS BY EXECUTIVE This appointment was made subject to confirmation by the OFFICIALS OR LEGISLATORS FOR A PERIOD OF ONE Senate. Notice of appointment is hereby given. YEAR FROM TERMINATION OF OFFICE; AMENDING SECTION 67-6625, IDAHO CODE, TO PROVIDE PENALTIES FOR VIOLATING THE PROHIBITION OF LOBBYING As Always - Idaho, Esto Perpetua AND REGISTRATION AS LOBBYISTS BY EXECUTIVE /s/ C.L. "Butch" Otter OFFICIALS OR LEGISLATORS FOR A PERIOD OF ONE Governor YEAR FROM TERMINATION OF OFFICE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. The correspondence was ordered filed in the office ofthe Secretary of the Senate. S 1236 The Gubernatorial appointment was referred to the BY AGRICULTURAL AFFAIRS COMMITTEE Resources and Environment Committee. AN ACT RELATING TO COMMERCIAL FEED; AMENDING SECTION 25-2703, IDAHO CODE, TO REVISE January 19, 2012 DEFINITIONS AND TO REMOVE A DEFINITION FOR TONNAGE-ONLY DISTRIBUTOR; AMENDING SECTION The Honorable Brad Little 25-2704, IDAHO CODE, TO REVISE PROVISIONS President of the Senate RELATING TO REGISTRATION, TO PROVIDE FOR Idaho Legislature THE REVIEW OF LABELS, TO REMOVE PROVISIONS Dear Mr. President: RELATING TO IDAHO REGISTRANTS AND IDAHO TONNAGE-ONLY DISTRIBUTORS AND TO PROVIDE A I have the honor to inform you that James C. Hammond of CORRECT CODE REFERENCE; AMENDING SECTION Coeur d'Alene, Idaho, was appointed as a member of the State 25-2705, IDAHO CODE, TO PROVIDE FOR LABELS Building Authority to serve a term commencing January 1, 2012, FOR PRODUCT SOLD IN BULK; REPEALING SECTION and expiring January 1, 2017. 25-2706, IDAHO CODE, RELATING TO INSPECTION FEES AND REPORTS; AMENDING SECTION 25-2707, This appointment was made subject to confirmation by the IDAHO CODE, TO PROVIDE CORRECT CITATIONS Senate. Notice of appointment is hereby given. TO THE FEDERAL FOOD, DRUG AND COSMETIC ACT, AS AMENDED, AND TO MAKE A TECHNICAL As Always - Idaho, Esto Perpetua CORRECTION; AND AMENDING SECTION 25-2709, /s/ C.L. "Butch" Otter IDAHO CODE, TO PROVIDE FOR SEPARATE NOTICES Governor FOR EACH INSPECTION, TO PROVIDE THAT NOTICE SHALL NOT BE REQUIRED FOR EACH ENTRY MADE DURING THE PERIOD COVERED BY THE INSPECTION, The correspondence was ordered filed in the office ofthe TO PROVIDE FOR RECEIPTS RELATING TO ANY Secretary of the Senate. SAMPLE OR SAMPLES TAKEN IN THE COURSE OF AN INSPECTION AND TO PROVIDE A CORRECT CODE The Gubernatorial appointment was referred to the State REFERENCE. Affairs Committee. [January 20, 2012 SENATE JOURNAL 27

S 1237 SECTION 33-1273, IDAHO CODE, RELATING TO LOCAL BY EDUCATION COMMITTEE EDUCATION ORGANIZATIONS AND NEGOTIATIONS; AN ACT REPEALING SECTION 33-1274, IDAHO CODE, RELATING RELATING TO EDUCATION; AMENDING SECTION TO THE APPOINTMENT OF MEDIATORS; REPEALING 33-1002A, IDAHO CODE, TO REVISE THE DEFINITION OF SECTION 33-1275, IDAHO CODE, RELATING TO FACT "ONLINE COURSE." FINDING; REPEALING SECTION 33-1276, IDAHO CODE, RELATING TO THE INTENT OF SPECIFIED LAW; S 1238 AMENDING SECTION 44-1801, IDAHO CODE, TO REVISE BY SCHMIDT, BILYEU, BOCK, LEFAVOUR, MALEPEAI, THE DEFINITION OF "FIREFIGHTER"; REPEALING WERK, STENNETT SECTION 44-1802, IDAHO CODE, RELATING TO THE AN ACT COLLECTIVE BARGAINING RIGHTS OF FIREFIGHTERS; RELATING TO FINANCIAL DISCLOSURE STATEMENTS REPEALING SECTION 44-1803, IDAHO CODE, RELATING FOR PUBLIC OFFICERS AND CANDIDATES; TO PROVIDE TO THE RECOGNITION OF EXCLUSIVE BARGAINING A SHORT TITLE; AMENDING CHAPTER 66, TITLE 67, AGENTS; REPEALING SECTION 44-1804, IDAHO CODE, IDAHO CODE, BY THE ADDITION OF A NEW SECTION RELATING TO THE OBLIGATION OF CORPORATE 67-6631, IDAHO CODE, TO DEFINE TERMS; AMENDING AUTHORITIES TO BARGAIN IN GOOD FAITH AND CHAPTER 66, TITLE 67, IDAHO CODE, BY THE ADDITION RELATING TO WRITTEN CONTRACTS; REPEALING OF A NEW SECTION 67-6632, IDAHO CODE, TO PROVIDE SECTION 44-1805, IDAHO CODE, RELATING TO A DUTY TO FILE FINANCIAL DISCLOSURE STATEMENTS THE SUBMISSION OF ISSUES TO A FACT FINDING BY PUBLIC OFFICERS AND CANDIDATES, TO PROVIDE COMMISSION; REPEALING SECTION 44-1806, IDAHO CONTENTS, TO PROVIDE AN EXCEPTION, TO PROVIDE CODE, RELATING TO THE APPOINTMENT OF A APPLICATION AND TO PROVIDE FOR DUTIES OF THE FACT FINDING COMMISSION; REPEALING SECTION SECRETARY OF STATE; AMENDING CHAPTER 66, TITLE 44-1807, IDAHO CODE, RELATING TO NEGOTIATED 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION AGREEMENTS CONSTITUTING CONTRACTS; 67-6633, IDAHO CODE, TO PROVIDE CRIMINAL AND REPEALING SECTION 44-1808, IDAHO CODE, CIVIL PENALTIES; AND PROVIDING AN EFFECTIVE RELATING TO NOTICE OF REQUEST FOR COLLECTIVE DATE. BARGAINING; REPEALING SECTION 44-1809, IDAHO CODE, RELATING TO HEARINGS BEFORE FACT FINDING COMMISSION; REPEALING SECTION 44-1810, S 1239 IDAHO CODE, RELATING TO RECOMMENDATIONS BY BY BOCK, STENNETT, SCHMIDT FACT FINDING COMMISSIONS; AMENDING SECTION AN ACT 44-1811, IDAHO CODE, TO PROHIBIT FIREFIGHTERS RELATING TO FISH AND GAME; AMENDING CHAPTER FROM STRIKING OR RECOGNIZING A PICKET LINE 11, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW OF ANY LABOR ORGANIZATION WHILE IN THE SECTION 36-1106, IDAHO CODE, TO PROVIDE FOR THE PERFORMANCE OF THEIR OFFICIAL DUTIES; AND CHECKING OF SNARES AND TRAPS AND TO PROVIDE AMENDING TITLE 59, IDAHO CODE, BY THE ADDITION AN EXEMPTION. OF A NEW CHAPTER 17, TITLE 59, IDAHO CODE, TO PROVIDE A DECLARATION OF PUBLIC POLICY, TO PROHIBIT PUBLIC SECTOR COLLECTIVE BARGAINING, S 1240 TO PROVIDE FOR PUBLIC EMPLOYEE RIGHTS AND TO BY BOCK PROHIBIT PUBLIC EMPLOYEE STRIKES. AN ACT RELATING TO CORPORATE OFFICERS AND S 1243 UNEMPLOYMENT; AMENDING SECTION 72-1312A, BY TRANSPORTATION COMMITTEE IDAHO CODE, TO AUTHORIZE FAMILY MEMBERS AN ACT OF CORPORATE OFFICERS TO BE ELIGIBLE FOR RELATING TO MOTOR VEHICLE REGISTRATION AND UNEMPLOYMENT INSURANCE BENEFITS UNDER LICENSE PLATES; AMENDING SECTION 49-402, IDAHO CERTAIN CIRCUMSTANCES; AND DECLARING AN CODE, TO REVISE PROVISIONS RELATING TO INITIAL EMERGENCY. PROGRAM FEES; AMENDING SECTION 49-402C, IDAHO CODE, TO REVISE PROVISIONS RELATING TO WHO MAY S 1241 APPLY FOR APPROVAL OF SPECIAL LICENSE PLATE BY BOCK PROGRAMS ON AND AFTER JANUARY 1, 2013, AND AN ACT TO MAKE A TECHNICAL CORRECTION; AMENDING RELATING TO PRESCRIPTIONS; AMENDING SECTION CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION 37-2730A, IDAHO CODE, TO PROVIDE FOR REVIEW OF A NEW SECTION 49-402D, IDAHO CODE, TO PROVIDE OF THE PRESCRIPTION MONITORING PROGRAM BY THAT ANY AGENCY SEEKING TO PARTICIPATE IN PRACTITIONERS. THE SPECIAL LICENSE PLATE PROGRAM SHALL BE REQUIRED TO COMPLETE AN APPLICATION PROCESS, S 1242 TO DEFINE A TERM, TO PROVIDE FOR AN EXCEPTION, BY MCKAGUE TO PROVIDE REQUIREMENTS, TO PROVIDE FOR AN ACT RULES, TO PROVIDE ADDITIONAL REQUIREMENTS, RELATING TO PUBLIC EMPLOYEES; REPEALING TO PROVIDE THAT THE DEPARTMENT SHALL SUBMIT SECTION 33-1271, IDAHO CODE, RELATING TO COMPLETED APPLICATIONS TO THE CHAIRMEN OF SCHOOL DISTRICTS AND NEGOTIATION AGREEMENTS; THE SENATE TRANSPORTATION COMMITTEE AND THE REPEALING SECTION 33-1272, IDAHO CODE, RELATING HOUSE OF REPRESENTATIVES TRANSPORTATION AND TO THE DEFINITION OF TERMS; REPEALING DEFENSE COMMITTEE, TO PROVIDE FOR A REPORT 28 SENATE JOURNAL January 20, 2012]

AND TO PROVIDE FOR APPEALS; AND AMENDING TRUST FUND AND SPECIFY SOURCES OF FUNDING, SECTION 49-403B, IDAHO CODE, TO PROVIDE A TO SPECIFY THE TERMS OF PARTICIPATION IN THE CORRECT CODE REFERENCE. IDAHO FAIR ELECTIONS ACT CANDIDATE PROCESS, TO GOVERN THE ADMINISTRATION OF THE IDAHO S 1244 FAIR ELECTIONS ACT, TO PROVIDE VIOLATIONS AND BY WERK, BILYEU, BOCK, LEFAVOUR, SCHMIDT, TO REQUIRE A STUDY REPORT TO THE LEGISLATURE; STENNETT AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY AN ACT THE ADDITION OF A NEW SECTION 31-3201I, IDAHO RELATING TO CONTRIBUTIONS TO STATE ELECTED CODE, TO PROVIDE AN ADDITIONAL PENALTY ON ANY OFFICIALS; TO PROVIDE A SHORT TITLE; AMENDING CIVIL PENALTY FOR PURPOSES OF THE IDAHO FAIR CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION ELECTIONS ACT TRUST FUND; AMENDING SECTION OF A NEW SECTION 67-5744A, IDAHO CODE, TO 67-6607, IDAHO CODE, TO CHANGE THE ALLOWABLE DEFINE TERMS AND TO PROVIDE PROHIBITIONS CONTRIBUTION TO CANDIDATES AND TO MAKE ON STATE CONTRACTORS OR PROSPECTIVE STATE TECHNICAL CORRECTIONS; AMENDING SECTION CONTRACTORS, TO PROVIDE PROCEDURES, TO 67-6625, IDAHO CODE, TO INCREASE FINES FOR PROVIDE FOR NOTICE AND TO PROVIDE PROHIBITIONS VIOLATION OF CAMPAIGN CONTRIBUTION REPORTING ON STATE ELECTED OFFICIALS WITH EXCEPTIONS; PROVISIONS, TO DEDICATE RECEIPTS TO THE IDAHO AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY FAIR ELECTIONS ACT TRUST FUND AND TO MAKE THE ADDITION OF A NEW SECTION 67-5744B, IDAHO TECHNICAL CORRECTIONS; AMENDING SECTION CODE, TO PROVIDE FOR INFORMATION PROVIDED 67-6625A, IDAHO CODE, TO INCREASE THE FINE FOR TO THE SECRETARY OF STATE AND TO PROVIDE LATE FILING OF REPORTS, TO DEDICATE RECEIPTS TO FOR PENALTIES; AND AMENDING SECTION 67-6625, THE IDAHO FAIR ELECTIONS ACT TRUST FUND AND IDAHO CODE, TO PROVIDE A CORRECT STATUTORY TO MAKE A TECHNICAL CORRECTION; AMENDING REFERENCE. TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 84, TITLE 67, IDAHO CODE, TO CREATE S 1245 THE COMMISSION ON FAIR ELECTION PRACTICES, TO BY WERK, BILYEU, BOCK, LEFAVOUR, SCHMIDT, DEFINE TERMS, TO PROVIDE THE POWERS AND DUTIES STENNETT OF THE COMMISSION ON FAIR ELECTION PRACTICES AN ACT AND TO PROVIDE THE SOURCE OF FUNDING FOR THE RELATING TO PUBLIC OFFICIALS; TO PROVIDE A SHORT COMMISSION; PROVIDING SEVERABILITY; PROVIDING TITLE; AMENDING CHAPTER 7, TITLE 59, IDAHO CODE, AN EFFECTIVE DATE, REFERENCING EFFECTIVE DATES BY THE ADDITION OF A NEW SECTION 59-704B, IDAHO INCORPORATED IN SECTIONS OF LAW AND PROVIDING CODE, TO PROVIDE FOR A COOLING-OFF PERIOD OF A SUNSET DATE. ONE YEAR UNDER CERTAIN CONDITIONS FOR PUBLIC OFFICIALS WHEN THEY LEAVE PUBLIC OFFICE; AND S 1248 AMENDING SECTION 59-705, IDAHO CODE, TO PROVIDE BY WERK, MALEPEAI, BILYEU, BOCK, LEFAVOUR, A CIVIL PENALTY FOR VIOLATING THE COOLING-OFF SCHMIDT PERIOD BY FORMER PUBLIC OFFICIALS. AN ACT RELATING TO TAXATION; AMENDING CHAPTER 30, S 1246 TITLE 63, IDAHO CODE, BY THE ADDITION OF A BY WERK, BILYEU, BOCK, LEFAVOUR, SCHMIDT NEW SECTION 63-3088, IDAHO CODE, TO PROVIDE AN ACT FOR EXPIRATION OF INCOME TAX DEDUCTIONS AND RELATING TO CAMPAIGN FINANCE AND LOBBYISTS; CREDITS UNLESS EXTENDED BY STATUTE AND TO TO PROVIDE A SHORT TITLE; AMENDING CHAPTER PROVIDE FOR EXPIRATION OF EXTENDED OR NEWLY 66, TITLE 67, IDAHO CODE, BY THE ADDITION OF A ENACTED DEDUCTIONS OR CREDITS; AND AMENDING NEW SECTION 67-6607A, IDAHO CODE, TO PROHIBIT CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION ACCEPTING CERTAIN CAMPAIGN CONTRIBUTIONS, TO OF A NEW SECTION 63-3642, IDAHO CODE, TO PROVIDE PROVIDE EXCEPTIONS AND TO PROVIDE PENALTIES; FOR EXPIRATION OF SALES AND USE TAX EXEMPTIONS AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY UNLESS EXTENDED BY STATUTE AND TO PROVIDE THE ADDITION OF A NEW SECTION 67-6619A, IDAHO FOR EXPIRATION OF EXTENDED OR NEWLY ENACTED CODE, TO PROHIBIT CERTAIN GIFTS BY LOBBYISTS EXEMPTIONS. WITH EXCEPTIONS, TO REQUIRE A REPORT OF GIFTS MADE BY LOBBYISTS TO LEGISLATORS, CANDIDATES S 1249 TO THE LEGISLATURE AND LEGISLATIVE EMPLOYEES BY WERK, MALEPEAI, BILYEU, BOCK, LEFAVOUR, WITH EXCEPTIONS AND TO DEFINE A TERM; AND SCHMIDT DECLARING AN EMERGENCY. AN ACT RELATING TO PROPERTY TAXATION; AMENDING S 1247 SECTION 63-602G, IDAHO CODE, TO PROVIDE THAT BY WERK, BILYEU, BOCK, LEFAVOUR, SCHMIDT THE FIRST ONE HUNDRED FIFTY THOUSAND DOLLARS AN ACT OF THE MARKET VALUE FOR ASSESSMENT PURPOSES RELATING TO COMPREHENSIVE CAMPAIGN FINANCE OF THE HOMESTEAD OR FIFTY PERCENT OF THE REFORM; AMENDING TITLE 34, IDAHO CODE, BY THE MARKET VALUE FOR ASSESSMENT PURPOSES OF THE ADDITION OF A NEW CHAPTER 26, TITLE 34, IDAHO HOMESTEAD, WHICHEVER IS THE LESSER, SHALL BE CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, EXEMPT FROM PROPERTY TAXATION AND TO REVISE TO PROVIDE AN ALTERNATIVE CAMPAIGN FINANCING DATES; DECLARING AN EMERGENCY AND PROVIDING OPTION, TO CREATE THE IDAHO FAIR ELECTIONS ACT RETROACTIVE APPLICATION. [January 20, 2012 SENATE JOURNAL 29

S 1250 BY WERK, MALEPEAI, BILYEU, BOCK, LEFAVOUR, SCHMIDT AN ACT RELATING TO ENERGY FACILITY SITING; AMENDING TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 18, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE PURPOSE AND FINDINGS, TO DEFINE TERMS, TO REQUIRE A SITING CERTIFICATE IN CERTAIN CIRCUMSTANCES, TO CREATE A SITING PANEL, TO PROVIDE AUTHORITY AND RESPONSIBILITIES OF THE PANEL, TO PROVIDE FOR AN APPLICATION FOR A SITING CERTIFICATE, TO PROVIDE DUTIES OF AN APPLICANT UPON SUBMITTAL OF AN APPLICATION AND TO PROVIDE DUTIES OF THE PUBLIC UTILITIES COMMISSION UPON RECEIPT OF AN APPLICATION; AND DECLARING AN EMERGENCY.

S 1251 BY BOCK AND WERK AN ACT RELATING TO MOTOR VEHICLES AND CELLULAR TELEPHONES; AMENDING SECTION 49-104, IDAHO CODE, TO REVISE DEFINITIONS; AND AMENDING CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1431, IDAHO CODE, TO PROHIBIT THE USE OF A CELLULAR TELEPHONE WHILE OPERATING A MOTOR VEHICLE, TO PROVIDE FOR EXCEPTIONS, TO PROVIDE THAT THE SEIZURE OR FORFEITURE OF A CELLULAR TELEPHONE IS NOT AUTHORIZED UNLESS OTHERWISE PROVIDED FOR IN LAW AND TO PROVIDE A PENALTY.

S 1252 BY BOCK AND WERK AN ACT RELATING TO DRIVING WHILE TEXTING; AMENDING SECTION 49-121, IDAHO CODE, TO DEFINE THE TERM "TEXTING"; AMENDING SECTION 49-529, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-675, IDAHO CODE, TO PROHIBIT TEXTING WHILE DRIVING A MOTOR VEHICLE, TO PROVIDE FOR EXCEPTIONS AND TO PROVIDE PENALTIES. S 1234, S 1235, S 1236, S 1237, S 1238, S 1239, S 1240, S 1241, S 1242, S 1243, S 1244, S 1245, S 1246, S 1247, S 1248, S 1249, S 1250, S 1251, and S 1252 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:40 a.m. until the hour of 11:15 a.m., Monday, January 23, 2012. DARRINGTON, Acting President Attest: JENNIFER NOVAK, Secretary 30 SENATE JOURNAL January 23, 2012]

SENATE JOURNAL S 1241 was referred to the Health and Welfare Committee. OF THE S 1243, S 1251, and S 1252 were referred to the Transportation Committee. IDAHO LEGISLATURE S 1248 and S 1249 were referred to the Local Government and Taxation Committee. SECOND REGULAR SESSION SR 103 was referred to the Tenth Order of Business, Motions SIXTY-FIRST LEGISLATURE and Resolutions, and ordered held at the Secretary's desk for one legislative day. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. FIFTEENTH LEGISLATIVE DAY MONDAY, JANUARY 23, 2012 Messages from the Governor January 19, 2012 Senate Chamber The Honorable Brad Little President of the Senate President Pro Tempore Hill called the Senate to order at Idaho Legislature 11:15 a.m. Dear Mr. President:

Roll call showed all members present except Senator I have the honor to inform you that I have appointed Patrick McKague and Senator McKenzie, absent and formally excused Malloy of Meridian, Idaho, to be Acting State Senator for by the Chair; and Senators Andreason, Cameron, Hammond, Legislative District 20, Ada, State of Idaho. Keough, and McGee, absent and excused. This appointment is effective January 23, 2012, and will Prayer was offered by Chaplain Keith Buhler. continue until such time as Senator Shirley McKague is able to resume her duties. The Pledge of Allegiance was led by Alexander Wright, Page. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Senate advanced to the Third Order of Business. Governor Reading and Correction of the Journal THE OFFICE OF THE GOVERNOR The JUDICIARY AND RULES Committee reports that the EXECUTIVE DEPARTMENT Senate Journal of the proceedings of January 20, 2012, was read BOISE, IDAHO and approved as corrected. CERTIFICATE OF APPOINTMENT DARRINGTON, Chairman KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, Shirley McKague, There being no objection, the report was adopted and ordered State Senator, District 20, Ada, State of Idaho, has nominated filed in the office of the Secretary of the Senate. Patrick Malloy of Meridian, Idaho, to perform the duties of this office temporarily as Acting State Senator, District 20, Ada. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. NOW, THEREFORE, I, C.L. "Butch" Otter, Governor of the State of Idaho, by virtue of the authority vested in me do hereby Reports of Standing Committees appoint Patrick Malloy to the office of State Senator, District 20, January 23, 2012 Ada, State of Idaho, for a term commencing on January 23, 2012, and continuing until such time as Senator McKague is able to The JUDICIARY AND RULES Committee reports that resume her duties. S 1234, S 1235, S 1236, S 1237, S 1238, S 1239, S 1240, S 1241, S 1242, S 1243, S 1244, S 1245, S 1246, S 1247, S 1248, S 1249, IN TESTIMONY WHEREOF, I have hereunto set my hand S 1250, S 1251, S 1252, and SR 103 have been correctly printed. and caused to be affixed the Great Seal of the State of Idaho. DARRINGTON, Chairman Done at Boise, the Capital of Idaho, this Nineteenth day of January, in the year of our Lord two thousand and twelve and S 1234 and S 1237 were referred to the Education of the Independence of the United States of America, the two Committee. hundred and thirty-sixth year. S 1235, S 1238, S 1242, S 1244, S 1245, S 1246, S 1247, /s/ BY THE GOVERNOR C.L. "BUTCH" OTTER and S 1250 were referred to the State Affairs Committee. /s/ SECRETARY OF STATE BEN T. YSURSA S 1236 was referred to the Agricultural Affairs Committee. The correspondence and Certificate of Appointment were S 1239 was referred to the Resources and Environment ordered filed in the office of the Secretary of the Senate. Committee. The President Pro Tempore announced that the Oath of Office S 1240 was referred to the Commerce and Human Resources had been administered previously to Acting Senator Malloy, and Committee. he was recorded present at this order of business. [January 23, 2012 SENATE JOURNAL 31

January 20, 2012 The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The Honorable Brad Little President of the Senate January 20, 2012 Idaho Legislature The Honorable Brad Little Dear Mr. President: President of the Senate Idaho Legislature I have the honor to inform you that Gina Garchow Berger of Idaho Falls, Idaho, was appointed as a member of the Idaho Dear Mr. President: Lottery Commission to serve a term commencing July 13, 2011, and expiring January 1, 2015. I have the honor to inform you that Jeffrey A. Betts of Boise, Idaho, was appointed as a member of the Sexual Offender This appointment was made subject to confirmation by the Management Board to serve a term commencing August 3, 2011, Senate. Notice of appointment is hereby given. and expiring January 1, 2016. As Always - Idaho, Esto Perpetua This appointment was made subject to confirmation by the /s/ C.L. "Butch" Otter Senate. Notice of appointment is hereby given. Governor As Always - Idaho, Esto Perpetua The correspondence was ordered filed in the office ofthe /s/ C.L. "Butch" Otter Secretary of the Senate. Governor The Gubernatorial appointment was referred to the State The correspondence was ordered filed in the office ofthe Affairs Committee. Secretary of the Senate. January 20, 2012 The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The Honorable Brad Little President of the Senate January 20, 2012 Idaho Legislature The Honorable Brad Little Dear Mr. President: President of the Senate Idaho Legislature I have the honor to inform you that Jim Rehder of Cottonwood, Idaho, was appointed as a member of the Idaho Dear Mr. President: Lottery Commission to serve a term commencing August 23, 2011, and expiring January 1, 2014. I have the honor to inform you that Jon Michael Burnham of Sugar City, Idaho, was appointed as a member of the Sexual This appointment was made subject to confirmation by the Offender Management Board to serve a term commencing August Senate. Notice of appointment is hereby given. 3, 2011, and expiring January 1, 2015. As Always - Idaho, Esto Perpetua This appointment was made subject to confirmation by the /s/ C.L. "Butch" Otter Senate. Notice of appointment is hereby given. Governor As Always - Idaho, Esto Perpetua The correspondence was ordered filed in the office ofthe /s/ C.L. "Butch" Otter Secretary of the Senate. Governor The Gubernatorial appointment was referred to the State The correspondence was ordered filed in the office ofthe Affairs Committee. Secretary of the Senate. January 20, 2012 The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The Honorable Brad Little President of the Senate January 20, 2012 Idaho Legislature The Honorable Brad Little Dear Mr. President: President of the Senate Idaho Legislature I have the honor to inform you that Dolly Ouita Bedal of Boise, Idaho, was appointed as a member of the Sexual Offender Dear Mr. President: Management Board to serve a term commencing August 16, 2011, and expiring January 1, 2014. I have the honor to inform you that Shane Lee Evans of Boise, Idaho, was appointed as a member of the Sexual Offender This appointment was made subject to confirmation by the Management Board to serve a term commencing August 3, 2011, Senate. Notice of appointment is hereby given. and expiring January 1, 2015. As Always - Idaho, Esto Perpetua This appointment was made subject to confirmation by the /s/ C.L. "Butch" Otter Senate. Notice of appointment is hereby given. Governor As Always - Idaho, Esto Perpetua The correspondence was ordered filed in the office ofthe /s/ C.L. "Butch" Otter Secretary of the Senate. Governor 32 SENATE JOURNAL January 23, 2012]

The correspondence was ordered filed in the office ofthe As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter Governor The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The correspondence was ordered filed in the office ofthe Secretary of the Senate. January 20, 2012 The Gubernatorial appointment was referred to the Judiciary The Honorable Brad Little and Rules Committee. President of the Senate Idaho Legislature January 20, 2012 Dear Mr. President: I have the honor to inform you that Jean M. Fisher of The Honorable Brad Little Boise, Idaho, was appointed as a member of the Sexual Offender President of the Senate Management Board to serve a term commencing August 3, 2011, Idaho Legislature and expiring January 1, 2015. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Michael David Johnston Senate. Notice of appointment is hereby given. of Boise, Idaho, was appointed as a member of the Sexual As Always - Idaho, Esto Perpetua Offender Managment Board to serve a term commencing August /s/ C.L. "Butch" Otter 3, 2011, and expiring January 1, 2016. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office ofthe Senate. Notice of appointment is hereby given. Secretary of the Senate. As Always - Idaho, Esto Perpetua The Gubernatorial appointment was referred to the Judiciary /s/ C.L. "Butch" Otter and Rules Committee. Governor January 20, 2012 The correspondence was ordered filed in the office ofthe Secretary of the Senate. The Honorable Brad Little President of the Senate The Gubernatorial appointment was referred to the Judiciary Idaho Legislature and Rules Committee. Dear Mr. President: January 20, 2012 I have the honor to inform you that Paula K. Garay of Meridian, Idaho, was appointed as a member of the Sexual The Honorable Brad Little Offender Managment Board to serve a term commencing August President of the Senate 3, 2011, and expiring January 1, 2014. Idaho Legislature This appointment was made subject to confirmation by the Dear Mr. President: Senate. Notice of appointment is hereby given. I have the honor to inform you that Robert "Bob" Graham of As Always - Idaho, Esto Perpetua Bonners Ferry, Idaho, was appointed as a member of the Idaho /s/ C.L. "Butch" Otter Water Resource Board to serve a term commencing January 1, Governor 2011, and expiring January 1, 2015. The correspondence was ordered filed in the office ofthe This appointment was made subject to confirmation by the Secretary of the Senate. Senate. Notice of appointment is hereby given. The Gubernatorial appointment was referred to the Judiciary and Rules Committee. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter January 20, 2012 Governor The Honorable Brad Little The correspondence was ordered filed in the office ofthe President of the Senate Secretary of the Senate. Idaho Legislature The Gubernatorial appointment was referred to the Dear Mr. President: Resources and Environment Committee. I have the honor to inform you that Charles "Chad" A. Huff January 20, 2012 of Fruitland, Idaho, was appointed as a member of the Sexual Offender Managment Board to serve a term commencing August The Honorable Brad Little 3, 2011, and expiring January 1, 2016. President of the Senate Idaho Legislature This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dear Mr. President: [January 23, 2012 SENATE JOURNAL 33

I have the honor to inform you that Peter D. Van Der Meulen Roll call resulted as follows: of Hailey, Idaho, was appointed as a member of the Idaho Water Resource Board to serve a term commencing April 28, 2011, and AYES–Andreason, Bair, Bilyeu, Bock, Brackett, expiring January 1, 2015. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, This appointment was made subject to confirmation by the Lodge, Malepeai, McGee, Malloy (McKague), Mortimer, Senate. Notice of appointment is hereby given. Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter NAYS–None. Governor Absent and excused–McKenzie. Total - 1. The correspondence was ordered filed in the office ofthe Secretary of the Senate. Total - 35. More than two-thirds having voted in the affirmative, the The Gubernatorial appointment was referred to the President Pro Tempore declared SJR 102 adopted, title was Resources and Environment Committee. approved, and the resolution ordered transmitted to the House. On request by Senator Davis, granted by unanimous consent, January 20, 2012 the Senate advanced to the Fifteenth Order of Business. The Honorable Brad Little Miscellaneous Business President of the Senate Idaho Legislature On motion by Senator Davis, seconded by Senator Malepeai, Dear Mr. President: by voice vote, the Senate adjourned at 11:45 a.m. until the hour of 11:15 a.m., Tuesday, January 24, 2012. I have the honor to inform you that Jeffery D. Raybould of St. Anthony, Idaho, was appointed as a member of the Idaho Water BRENT HILL, President Pro Tempore Resource Board to serve a term commencing April 28, 2011, and expiring January 1, 2015. Attest: JENNIFER NOVAK, Secretary This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate.

The Gubernatorial appointment was referred to the Resources and Environment Committee.

Senators Andreason, Cameron, Hammond, Keough, and McGee were recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business.

Second Reading of Bills

S 1223 and S 1224 , by Education Committee, were read the second time at length and filed for third reading. The Senate advanced to the Thirteenth Order of Business.

Third Reading of Bills

SJR 102 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the resolution and opened the debate. The question being, "Shall the resolution be adopted?" 34 SENATE JOURNAL January 24, 2012]

SENATE JOURNAL LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF THE OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

IDAHO LEGISLATURE SCR 111 BY RESOURCES AND ENVIRONMENT COMMITTEE SECOND REGULAR SESSION A CONCURRENT RESOLUTION SIXTY-FIRST LEGISLATURE APPROVING APPLICATION TO APPROPRIATE WATER FOR MINIMUM LAKE LEVEL RELATING TO COCOLALLA LAKE LOCATED IN BONNER COUNTY. Be It Resolved by the Legislature of the State of Idaho: SIXTEENTH LEGISLATIVE DAY TUESDAY, JANUARY 24, 2012 WHEREAS, the Idaho Water Resource Board may apply for a permit to appropriate unappropriated waters of any lake to establish a minimum lake level; and Senate Chamber WHEREAS, under the provisions of Section 42-1503, Idaho Code, an application approved by the Idaho Department of Water President Pro Tempore Hill called the Senate to order at Resources for a minimum lake level shall not become finally 11:15 a.m. effective until affirmatively acted upon by the Legislature, except that if the Legislature fails to act prior to the end of the regular session to which the application was submitted, the application Roll call showed all members present except Senator shall be considered approved; and McKenzie, absent and excused. WHEREAS, on January 15, 2010, the Idaho Department of Water Resources issued a preliminary order approving an Prayer was offered by Chaplain Keith Buhler. application to establish a minimum lake level as follows: The Pledge of Allegiance was led by Ben Adams, Page. Source of water: Cocolalla Lake located The Senate advanced to the Third Order of Business. in Bonner County at Township 55 North, Reading and Correction of the Journal Range 2 West, B.M. The JUDICIARY AND RULES Committee reports that the Purpose for the minimum To preserve aesthetics, Senate Journal of the proceedings of January 23, 2012, was read lake level: water quality and and approved as corrected. recreational uses. DARRINGTON, Chairman The minimum lake level: A water surface elevation There being no objection, the report was adopted and ordered of 2,207.77 feet above filed in the office of the Secretary of the Senate. sea level from January 1 through December 31. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. Proposed Priority Date: July 21, 2008.

Petitions, Resolutions, and Memorials WHEREAS, the preliminary order approving the application Senator McKenzie was recorded present at this order of became final on January 29, 2011. business. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, SJR 103 the Senate and the House of Representatives concurring therein, BY RESOURCES AND ENVIRONMENT COMMITTEE that the same is hereby approved subject to the conditions and A JOINT RESOLUTION limitations contained in the preliminary order issued by the Idaho PROPOSING AN AMENDMENT TO ARTICLE I, OF THE Department of Water Resources on January 15, 2010. CONSTITUTION OF THE STATE OF IDAHO, BY THE SJR 103 was introduced, read the first time at length, and ADDITION OF A NEW SECTION 23, ARTICLE I, TO referred to the Judiciary and Rules Committee for printing. PROVIDE THAT HUNTING, FISHING AND TRAPPING ARE A VALUED PART OF THE HERITAGE OF THE STATE OF SCR 111 was introduced, read at length, and referred to the IDAHO AND SHALL FOREVER BE PRESERVED FOR THE Judiciary and Rules Committee for printing. PEOPLE, TO PROVIDE THAT THE EXERCISE OF THIS RIGHT BY THE PEOPLE SHALL NOT BE PROHIBITED On request by Senator Davis, granted by unanimous consent, BUT SHALL BE SUBJECT TO THE LAWS, RULES AND the Senate advanced to the Eighth Order of Business. PROCLAMATIONS OF THE STATE AND TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CREATE A RIGHT Messages from the Governor TO TRESPASS ON PRIVATE PROPERTY, SHALL NOT January 20, 2012 AFFECT RIGHTS TO DIVERT, APPROPRIATE AND USE WATER, AND SHALL NOT LEAD TO A DIMINUTION OF The Honorable Brad Little OTHER PRIVATE RIGHTS; STATING THE QUESTION TO President of the Senate BE SUBMITTED TO THE ELECTORATE; DIRECTING THE Idaho Legislature [January 24, 2012 SENATE JOURNAL 35

Dear Mr. President: IDAHO CODE, TO PROVIDE CIVIL DAMAGES FOR MAKING CERTAIN REPORTS IN BAD FAITH; AMENDING I have the honor to inform you that Sara B. Thomas of SECTION 19-401, IDAHO CODE, TO PROVIDE THAT Meridian, Idaho, was appointed as the State Appellate Public THERE IS NO LIMITATION OF TIME WITHIN WHICH Defender to serve a term commencing January 12, 2012, and A PROSECUTION MUST BE COMMENCED FOR THE expiring August 1, 2014. FAILURE TO REPORT CERTAIN OFFENSES; AMENDING This appointment was made subject to confirmation by the SECTION 19-403, IDAHO CODE, TO PROVIDE A CORRECT Senate. Notice of appointment is hereby given. CODE REFERENCE; AMENDING SECTION 6-1903, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; As Always - Idaho, Esto Perpetua AND AMENDING SECTION 54-4407, IDAHO CODE, TO /s/ C.L. "Butch" Otter PROVIDE CORRECT CODE REFERENCES. Governor S 1255 The correspondence was ordered filed in the office ofthe BY HEALTH AND WELFARE COMMITTEE Secretary of the Senate. AN ACT The Gubernatorial appointment was referred to the Judiciary RELATING TO RECORDS EXEMPT FROM DISCLOSURE; and Rules Committee. AMENDING SECTION 9-340B, IDAHO CODE, TO PROVIDE THAT RECORDS OF INVESTIGATIONS PREPARED The Senate advanced to the Ninth Order of Business. BY THE DEPARTMENT OF HEALTH AND WELFARE PURSUANT TO ITS STATUTORY RESPONSIBILITIES Messages from the House DEALING WITH THE PROTECTION OF CHILDREN, THE January 23, 2012 REHABILITATION OF YOUTH, ADOPTIONS AND THE COMMITMENT OF MENTALLY ILL PERSONS SHALL Dear Mr. President: BE EXEMPT FROM DISCLOSURE UNLESS OTHERWISE PROVIDED BY AGENCY RULE; AND DECLARING AN I transmit herewith H 356, H 357, H 358, H 360, and H 362 , EMERGENCY. which have passed the House. ALEXANDER, Chief Clerk S 1256 BY RESOURCES AND ENVIRONMENT COMMITTEE H 356, H 357, H 358, H 360, and H 362 were filed for first AN ACT reading. RELATING TO FISH AND GAME; AMENDING SECTION 36-408, IDAHO CODE, TO RESTRICT THE USE OF On request by Senator Davis, granted by unanimous consent, PROCEEDS FROM THE AUCTION OF CERTAIN BIGHORN the Senate advanced to the Eleventh Order of Business. SHEEP TAGS, TO PROVIDE FOR SPECIAL BIG GAME Introduction, First Reading, and Reference of Bills, AUCTION TAGS DESIGNATED AS GOVERNOR'S House Petitions, Resolutions, and Memorials WILDLIFE PARTNERSHIP TAGS AND TO MAKE TECHNICAL CORRECTIONS. S 1253 S 1253, S 1254, S 1255, and S 1256 were introduced, read BY JUDICIARY AND RULES COMMITTEE the first time at length, and referred to the Judiciary and Rules AN ACT Committee for printing. RELATING TO SERVICE BY PUBLICATION; AMENDING SECTION 5-508, IDAHO CODE, TO ALLOW AN AFFIDAVIT H 356, H 357, H 358, H 360, and H 362 , by Revenue TO BE USED TO SHOW THAT A CAUSE OF ACTION and Taxation Committee, were introduced, read the first time EXISTS AGAINST THE DEFENDANT IN RESPECT TO at length, and referred to the Local Government and Taxation WHOM SERVICE IS MADE; AND DECLARING AN Committee. EMERGENCY. On request by Senator Davis, granted by unanimous consent, S 1254 the Senate returned to the Tenth Order of Business. BY JUDICIARY AND RULES COMMITTEE Motions and Resolutions AN ACT RELATING TO INJURY TO CHILDREN; REPEALING The President Pro Tempore announced that SR 103 was SECTION 16-1605, IDAHO CODE, RELATING TO THE before the Senate for final consideration. REPORTING OF ABUSE, ABANDONMENT OR NEGLECT; REPEALING SECTION 16-1606, IDAHO CODE, RELATING Moved by Senator Davis, seconded by Senator Malepeai, that TO IMMUNITY; REPEALING SECTION 16-1607, IDAHO SR 103 be adopted. The question being, "Shall the resolution be CODE, RELATING TO REPORTING IN BAD FAITH AND adopted?" CIVIL DAMAGES; AMENDING CHAPTER 15, TITLE Pursuant to Rule 39(C), a roll call vote was requested by 18, IDAHO CODE, BY THE ADDITION OF A NEW Senator Davis. SECTION 18-1524, IDAHO CODE, TO PROVIDE FOR THE REPORTING OF ABUSE, ABANDONMENT OR NEGLECT, Senators Andreason, Bair, Bilyeu, Bock, Brackett, TO DEFINE A TERM, TO PROVIDE EXEMPTIONS AND Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, TO PROVIDE PENALTIES; AMENDING CHAPTER 15, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, TITLE 18, IDAHO CODE, BY THE ADDITION OF A Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, NEW SECTION 18-1524A, IDAHO CODE, TO PROVIDE Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, IMMUNITY; AMENDING CHAPTER 15, TITLE 18, IDAHO Tippets, Toryanski, Vick, Werk, Winder supported the request CODE, BY THE ADDITION OF A NEW SECTION 18-1524B, for a roll call vote. 36 SENATE JOURNAL January 24, 2012]

President Little assumed the Chair. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared SR 103 adopted, title was approved, and the resolution ordered filed in the office ofthe Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, President Little appointed a committee consisting of Senator Darrington, Chairman, and Senators Cameron and Werk to escort Jeannine Wood and Rusti Horton into the Senate Chamber and the Well of the Senate to receive the Senate's best wishes in their retirement. The committee escorted Jeannine Wood and Rusti Horton from the Senate Chamber. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:25 p.m. until the hour of 11 a.m., Wednesday, January 25, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [January 25, 2012 SENATE JOURNAL 37

SENATE JOURNAL January 24, 2012 OF THE The EDUCATION Committee reports out S 1237 with the recommendation that it do pass. IDAHO LEGISLATURE GOEDDE, Chairman SECOND REGULAR SESSION S 1237 was filed for second reading. SIXTY-FIRST LEGISLATURE January 24, 2012 The LOCAL GOVERNMENT AND TAXATION Committee reports out H 355 with the recommendation that it do pass. SEVENTEENTH LEGISLATIVE DAY WEDNESDAY, JANUARY 25, 2012 CORDER, Chairman H 355 was filed for second reading. Senate Chamber Senators LeFavour and Pearce were recorded present at this order of business. President Little called the Senate to order at 11 a.m. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Roll call showed all members present except Senators Bair, Messages from the House Cameron, LeFavour, Pearce, and Tippets, absent and excused.

Prayer was offered by Chaplain Keith Buhler. January 24, 2012 The Pledge of Allegiance was led by Chase Bower, Page. Dear Mr. President: The Senate advanced to the Third Order of Business. I transmit herewith H 361 , which has passed the House. Reading and Correction of the Journal ALEXANDER, Chief Clerk H 361 was filed for first reading. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 24, 2012, was read On request by Senator Davis, granted by unanimous consent, and approved as corrected. the Senate advanced to the Eleventh Order of Business. DARRINGTON, Chairman Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, S 1257 the Senate advanced to the Sixth Order of Business. BY FINANCE COMMITTEE AN ACT Reports of Standing Committees RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION 2, CHAPTER 292, LAWS OF 2011, TO REVISE January 25, 2012 THE APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR 2012; AND The JUDICIARY AND RULES Committee reports that DECLARING AN EMERGENCY. S 1253, S 1254, S 1255, S 1256, SJR 103, and SCR 111 have been correctly printed. S 1258 DARRINGTON, Chairman BY FINANCE COMMITTEE AN ACT S 1253 and S 1254 were referred to the Judiciary and Rules RELATING TO THE APPROPRIATION TO THE IDAHO Committee. COMMISSION FOR LIBRARIES; AMENDING SECTION 1, CHAPTER 166, LAWS OF 2011, TO REVISE THE S 1255 was referred to the Health and Welfare Committee. APPROPRIATION TO THE IDAHO COMMISSION FOR LIBRARIES FOR FISCAL YEAR 2012; AND DECLARING S 1256 and SJR 103 were referred to the Resources and AN EMERGENCY. Environment Committee. SCR 111 was referred to the Tenth Order of Business, S 1259 Motions and Resolutions, and ordered held at the Secretary's BY AGRICULTURAL AFFAIRS COMMITTEE desk for one legislative day. AN ACT RELATING TO AGRICULTURE; AMENDING SECTION Senators Bair and Tippets were recorded present at this order 22-3301, IDAHO CODE, TO REVISE A DECLARATION of business. OF POLICY; AMENDING SECTION 22-3302, IDAHO 38 SENATE JOURNAL January 25, 2012]

CODE, TO PROVIDE THAT MEMBERS SHALL SERVE AT S 1262 THE PLEASURE OF THE GOVERNOR, TO REMOVE AN BY HEALTH AND WELFARE COMMITTEE ASSOCIATION DESCRIPTION AND TO PROVIDE THE AN ACT NAME OF AN ASSOCIATION AND TO MAKE TECHNICAL RELATING TO NURSING; AMENDING SECTION 54-1406A, CORRECTIONS; AMENDING SECTION 22-3304, IDAHO IDAHO CODE, TO REQUIRE THAT ALL APPLICANTS CODE, TO MAKE A TECHNICAL CORRECTION; FOR ORIGINAL CERTIFICATION OR CERTIFICATION AMENDING SECTION 22-3305, IDAHO CODE, TO REINSTATEMENT AS A CERTIFIED MEDICATION REMOVE ARCHAIC PROVISIONS, TO PROVIDE THAT ASSISTANT SUBMIT TO A FINGERPRINT-BASED THE EXECUTIVE COMMITTEE MAY REQUEST THE CRIMINAL HISTORY CHECK AND TO PROVIDE REMOVAL OF A COMMISSIONER AND TO PROVIDE REQUIREMENTS RELATING TO SUCH CRIMINAL THAT UPON RECEIPT OF A REQUEST FOR REMOVAL OF HISTORY CHECK. A COMMISSIONER, THE GOVERNOR MAY WITHDRAW THE COMMISSIONER'S APPOINTMENT; AMENDING S 1257, S 1258, S 1259, S 1260, S 1261, and S 1262 were SECTION 22-3308, IDAHO CODE, TO PROVIDE THAT introduced, read the first time at length, and referred to the TWO OR MORE COMMISSION MEMBERS MAY MAKE Judiciary and Rules Committee for printing. A WRITTEN REQUEST FOR A MEETING; AMENDING SECTION 22-3309, IDAHO CODE, TO REMOVE H 361 , by Revenue and Taxation Committee, was REFERENCE TO THE IDAHO STATE WHEAT GROWERS' introduced, read the first time at length, and referred to the Local ASSOCIATION, TO AUTHORIZE THE CALLING OF Government and Taxation Committee. REFERENDUMS AND TO PROVIDE REFERENCE TO Senator Cameron was recorded present at this order of SPECIFIC LAW RELATING TO INSPECTION OF BOOKS, business. RECORDS AND ACCOUNTS BY THE PUBLIC; AMENDING SECTION 22-3310, IDAHO CODE, TO PROVIDE FOR THE On request by Senator Davis, granted by unanimous consent, SOLICITATION OF GRANTS, DONATIONS AND GIFTS the Senate advanced to the Thirteenth Order of Business. BY THE COMMISSION; AMENDING SECTION 22-3311, IDAHO CODE, TO PROVIDE THAT THE COMMISSION Third Reading of Bills MAY REQUIRE THAT THE EXECUTIVE DIRECTOR OR ANY AGENT OR EMPLOYEE APPOINTED BY THE On request by Senator Davis, granted by unanimous consent, COMMISSION BE BONDED; AMENDING SECTION Senate bill S 1224 was placed at the head of the Third Reading 22-3312, IDAHO CODE, TO REMOVE PROVISIONS Calendar, followed by Senate bill S 1223. RELATING TO CERTAIN DUTIES OF THE EXECUTIVE DIRECTOR; REPEALING SECTION 22-3313, IDAHO CODE, S 1224 was read the third time at length, section by section, RELATING TO ESTABLISHMENT OF THE EXECUTIVE and placed before the Senate for final consideration. Senator DIRECTOR'S OFFICE; AMENDING SECTION 22-3315, Goedde arose as sponsor of the bill and opened the debate. The IDAHO CODE, TO REVISE AN EFFECTIVE DATE question being, "Shall the bill pass?" AND TO REVISE PROVISIONS RELATING TO THE Roll call resulted as follows: MAXIMUM TAX PER BUSHEL ON CERTAIN WHEAT; AND AMENDING SECTION 22-3318, IDAHO CODE, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, TO REMOVE REFERENCE TO A SPECIFIC FUND, TO Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, PROVIDE FOR THE PAYMENT OF FINES INTO CERTAIN Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, ACCOUNTS OF THE COMMISSION AND TO MAKE Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, TECHNICAL CORRECTIONS. Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. S 1260 BY HEALTH AND WELFARE COMMITTEE Whereupon the President declared S 1224 passed, title was AN ACT approved, and the bill ordered transmitted to the House. RELATING TO NURSES; AMENDING SECTION 54-1404, IDAHO CODE, TO GRANT THE BOARD OF NURSING S 1223 was read the third time at length, section by section, THE AUTHORITY TO ESTABLISH ALTERNATIVES and placed before the Senate for final consideration. Senator TO FORMAL DISCIPLINARY ACTION AND TO MAKE Goedde arose as sponsor of the bill and opened the debate. The TECHNICAL CORRECTIONS. question being, "Shall the bill pass?"

S 1261 Roll call resulted as follows: BY HEALTH AND WELFARE COMMITTEE AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AN ACT Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, RELATING TO NURSES; AMENDING SECTION 54-1404, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, IDAHO CODE, TO PROVIDE THAT THE BOARD OF Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, NURSING SHALL HAVE THE POWER AND DUTY Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, TO EVALUATE AND DEVELOP, OR TO ENTER INTO Tippets, Toryanski, Vick, Werk, Winder. Total - 35. CONTRACTS OR AGREEMENTS WITH OTHERS TO EVALUATE AND DEVELOP, THE EDUCATION, Whereupon the President declared S 1223 passed, title was DISTRIBUTION AND AVAILABILITY OF THE NURSING approved, and the bill ordered transmitted to the House. WORKFORCE FOR THE PURPOSE OF IMPROVING THE DELIVERY OF QUALITY HEALTH CARE AND TO MAKE On request by Senator Davis, granted by unanimous consent, A TECHNICAL CORRECTION. the Senate returned to the Tenth Order of Business. [January 25, 2012 SENATE JOURNAL 39

Motions and Resolutions I will never leave a fallen comrade. On request by Senator Davis, granted by unanimous consent, Words for all to live by; but they carry a special meaning President Little appointed a committee consisting of Senator to our veterans. By hearing from their own, and relying on Lodge, Chairman, and Senators Johnson and LeFavour to escort shared experiences, the rehabilitation message gains credibility Chief Justice Roger S. Burdick into the Senate Chamber where and helps to turn lives around. Two additional veterans courts he delivered the following State of the Judiciary Address: will be starting in Canyon and Bannock counties. We owe it to our veterans to help them lead productive lives, as part of our Mr. President, Mr. President Pro Tem and distinguished national debt of gratitude. members of the Idaho Senate, my colleagues on the Supreme Court and Court of Appeals and fellow Idahoans. Domestic Violence courts now exist in seven counties and supervised almost 1600 offenders in 2011. The Domestic I would first like to thank the Supreme Court Justices for Violence court could be our most complex problem solving court. electing me Chief Justice and giving me an opportunity to address The model starts with a judge who is cross-trained to handle all this body. Don't worry; I'll get even with them later. matters relating to a single family. A Domestic Violence Court The last time I stood at the podium in these chambers was team provides treatment which teaches positive, responsible in 1965 when I was in Boys State I ran for Governor and lost. It behavior. The mix of court monitoring, counseling, treatment took me a change to the judicial branch and 45 years, until 2010, and education focuses on improving behavioral skills free of to win a hotly contested election and here I am. violence and promoting healthy relationships. Since becoming Chief Justice I have traveled to each Although new to these courts, Idaho's judiciary is already a of the judicial districts and met with judges, county clerks, national leader. After a presentation by Idaho judges to a national commissioners as well as sheriffs and others throughout the conference, representatives from New York and Minnesota will state. I would like to share my observations with you about the be arriving shortly to observe our system. State of the Judiciary. Last year, Idaho's 59 problem solving courts supervised Partnerships are being established to implement efficiencies almost 2,250 felony, misdemeanor and juvenile offenders. 594 and meet citizens' changing needs at every level. This creativity offenders graduated from our drug and mental health courts. has led to remarkable success in meeting the judiciary's mission Thank you for entrusting us with last year's substance abuse of equal access to the timely, impartial and fair resolution treatment appropriation for use in our problem solving courts. of cases. I am struck by the commitment, compassion and Research continues to show recidivism rates for graduates are competence of Idaho's trial judges and county officials in lower than other alternatives for rehabilitation and sentencing. developing local solutions to unique problems despite severe Idaho's Child Protection Drug courts are another innovative fiscal restraints. approach to keep families together and to nurture and protect Let me share some of these accomplishments, emphasizing children. These courts address the parent's drug use while that without the cooperation of all three branches of state marshaling services to change family dynamics, thus saving the government and the counties' support and resources; it doesn't family unit. Because parenting skills are taught to us by our get done. parents, these courts will influence not only the participating parents, but generations to come. Idaho's judiciary has been working with the Legislature and the counties to craft a county-based statewide misdemeanor I would like to recognize the retirement of our statewide probation system. We now have 32 officers who have graduated Drug Court coordinator, Norma Jaeger. She is a moving force from POST Academy with 21 now enrolled. The court's goal is not only in Child Protection Drug Courts but problem solving that all officers will be certified by January, 2014. By monitoring courts throughout the state. We will miss her non-stop energy, misdemeanor offenders, we protect our citizens as well as save her warming smile and her ability to move people in the right incarceration costs. direction. She starts a new chapter in her life and we thank her. Kootenai County has opened their Juvenile Justice Center, Speaking of new starts - Idaho's drug and mental health with one courtroom dedicated to juvenile justice cases and child courts helped 20 babies to be born to clean and sober mothers, protection matters and another for felonies. A child-friendly bringing the total to 248 drug-free births since the beginning of waiting room has been opened to give a safe and peaceful waiting Idaho's problem solving courts. There can be no greater legacy area for the children involved in child protection cases. Canyon than having these kids start out in a sober, safe home with parents County has also built a children's room for the same purpose. who will teach them the rewards of sobriety and accountability. We thank Justice Dan Eismann for his many We are not just focused on youth; we are energizing the entire accomplishments while Chief Justice, but his most beloved system of guardianships and conservatorships to help our aged legacy came to fruition last year. and disabled citizens achieve their potential. Working with judges and county clerks statewide, over $212 million dollars are being Idaho's first Veteran's Court was started in Ada County in managed by conservators and reviewed by existing trained court March, 2011. staff. These courts have a special camaraderie based upon the I know it goes without saying, but all of the district and "Warrior Ethos." It is embodied in the Soldier's Creed which magistrate judges who preside over problem solving courts do reads in part: so in addition to a full case load and without further benefit; I will always place the mission first. other than the life-changing expressions of hope on the faces of the participants. I will never accept defeat. The Snake River Basin Adjudication started in 1987 has I will never quit. progressed at unprecedented speed for an adjudication and as 40 SENATE JOURNAL January 25, 2012] a result spread its procedural model throughout the nation. I is developing recommendations to improve criminal public can happily report that fewer than 1900 claims are left to be defender services throughout the State. adjudicated, having already completed over 150,000 claims. Under the leadership of District Judge Eric Wildman, we are now Idaho's judiciary decides our citizens' most important starting to draft the final decree for the Snake River Basin's water personal and business problems, ranging from the care and resources. We thank past presiding District Judges Hurlbutt, custody of our children to the most byzantine of business Wood, Melanson and now Wildman for shepherding Idaho's relationships. For this constitutional requirement, we need our most complex civil case to its end. most experienced and scholarly lawyers to become judges. All judges in Idaho's courts have seen a substantial increase Since July 2000, Governors Kempthorne, Risch and Otter in certain types of cases. Since 2006, there has been a 30% have been given the full slate of four candidates to fill district increase in district court civil casesincluding complex civil, judge positions only 26% of the time. Our magistrate judge medical and business disputes that often take years to resolve. openings during the same time period have had an ample Divorce and child custody cases have risen by 10%. With the list of qualified applicants. A more competitive compensation decline in availability of mental health treatment, we have seen package is required to insure the third branch of government an astounding 151% increase in mental health commitment attracts highly qualified individuals for district judge and other proceedings. These trendslikely the direct result of the economic positions. Idaho's trial judges have not had an increase in their declineare a reflection of the heightened stress levels that compensation since July, 2008; we rank 47th lowest in the Idahoans, businesses and families are experiencing in this nation. economy. The Judge's Retirement Fund is the other significant part The challenge then is how to meet this upward trend with of the overall compensation package. By any estimation this static resources. fund is at or above the national performance standard for governmental pension funds. The Court has conferred with "Courts of justice shall be open to every person and a speedy legislators, state pension experts, and PERSI's actuary to explore remedy afforded to every injury . . . ." ways to strengthen the fund for the future. We hope reasonable These are not my words, but those of Article I, Section 18 consensus will be reached this session on ways to do so. in Idaho's Constitution. They are unchanged from 1889 and we I will conclude my remarks by saying the state of the are re-pledging ourselves to their spirit by our Advancing Justice Judiciary is straining under increased caseloads, expanded duties, Initiative. Senior Judge Barry Wood, working with national and scarce resources and stagnant compensation. We must begin local groups, is making a critical examination of all court case a conversation with the Legislature, the Governor and county types to find unnecessary delay, developing new procedures clerks and commissioners about how best to address the pent up and creating new expectations to minimize that delay. This is demand for judges, court facilities and new resources needed to not speed for speed's sake. It is a search for efficiencies while conduct safe, timely hearings on the vital issues facing everyday preserving quality. Idaho citizens. On the technology front we continue our march to These conversations will present new challenges for the "e-everything"; e-citations by law enforcement, e-payment of future, but I'm convinced with the continued support of the Idaho fines, fees and court costs by the public, and now plansfor Legislature, the Governor and county officials we will solve e-filing of court documents and paperless courthouses. These them and present an even stronger judiciary to you next year and efforts meld seamlessly into our Advancing Justice Initiative. the years thereafter. An increasing part of Idaho's judicial caseload involves persons representing themselves. Our court assistance offices Thank you and God Bless. responded to over 60,000 requests in 2011; an 11% increase over The President thanked Chief Justice Burdick for his remarks 2010, an increase of 64% in five years. In addition to our "on and Senator Lodge, Chairman, and Senators Johnson and the ground" court assistance offices, we will be launching anew LeFavour escorted Chief Justice Burdick from the Chamber, and revised self-help center website. the Committee was discharged. For many years Justice Jim Jones has provided exemplary On request by Senator Davis, granted by unanimous consent, leadership to the cause of unrepresented litigants in Idaho. the Senate advanced to the Fifteenth Order of Business. Through his efforts and the Idaho Pro Bono Commission, lawyers are now encouraged to provide a minimum of fifty hours Miscellaneous Business of pro bono legal service annually. He has fostered changes to the Idaho Civil Rules to make it easier for lawyers to provide On motion by Senator Davis, seconded by Senator Malepeai, pro bono assistance on a limited issue. He has worked tirelessly by voice vote, the Senate adjourned at 11:50 a.m. until the hour with Idaho Legal Aid and the State Bar to help explore funding of 11:15 a.m., Thursday, January 26, 2012. alternatives. Some of these proposals will come to you in this session. BRAD LITTLE, President Even with the work of this Court, the State Bar and Idaho Attest: JENNIFER NOVAK, Secretary Law Foundation, we know there is further need. We support and encourage the Idaho Legislature to continue to explore funding for legal representation in civil cases for the many Idahoans who cannot afford legal services. We also commend the work of the Criminal Justice Commission, which in addition to other important work, [January 26, 2012 SENATE JOURNAL 41

SENATE JOURNAL Messages from the Governor OF THE January 25, 2012 The Honorable Brad Little IDAHO LEGISLATURE President of the Senate Idaho Legislature SECOND REGULAR SESSION Dear Mr. President: SIXTY-FIRST LEGISLATURE I have the honor to inform you that Colleen Marie Back of Boise, Idaho, was appointed as a member of the Aeronautics Advisory Board to serve a term commencing January 17, 2012, and expiring January 31, 2012. EIGHTEENTH LEGISLATIVE DAY THURSDAY, JANUARY 26, 2012 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. As Always - Idaho, Esto Perpetua Senate Chamber /s/ C.L. "Butch" Otter President Little called the Senate to order at 11:15 a.m. Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate. Roll call showed all members present except Senators Cameron and Darrington, absent and excused. The Gubernatorial appointment was referred to the Transportation Committee. Prayer was offered by Chaplain Keith Buhler. January 25, 2012 The Pledge of Allegiance was led by Ryan Chapman, Page. The Honorable Brad Little The Senate advanced to the Third Order of Business. President of the Senate Idaho Legislature

Reading and Correction of the Journal Dear Mr. President: I have the honor to inform you that Colleen Marie Back of The JUDICIARY AND RULES Committee reports that the Boise, Idaho, was appointed as a member of the Aeronautics Senate Journal of the proceedings of January 25, 2012, was read Advisory Board to serve a term commencing January 31, 2012, and approved as corrected. and expiring January 31, 2017. DARRINGTON, Chairman This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter On request by Senator Davis, granted by unanimous consent, Governor the Senate advanced to the Sixth Order of Business. The correspondence was ordered filed in the office ofthe Secretary of the Senate. Reports of Standing Committees The Gubernatorial appointment was referred to the Transportation Committee. Senator Cameron was recorded present at this order of business. January 25, 2012 January 26, 2012 The Honorable Brad Little President of the Senate The JUDICIARY AND RULES Committee reports that Idaho Legislature S 1257, S 1258, S 1259, S 1260, S 1261, and S 1262 have been correctly printed. Dear Mr. President: I have the honor to inform you that Gary Scheihing of New DARRINGTON, Chairman Plymouth, Idaho, was appointed as a member of the Commission S 1257 and S 1258 were referred to the Finance Committee. on Pardons and Parole to serve a term commencing January 1, 2012, and expiring January 1, 2015. S 1259 was referred to the Agricultural Affairs Committee. This appointment was made subject to confirmation by the S 1260, S 1261, and S 1262 were referred to the Health and Senate. Notice of appointment is hereby given. Welfare Committee. As Always - Idaho, Esto Perpetua On request by Senator Davis, granted by unanimous consent, /s/ C.L. "Butch" Otter the Senate advanced to the Eighth Order of Business. Governor 42 SENATE JOURNAL January 26, 2012]

The correspondence was ordered filed in the office ofthe S 1266 Secretary of the Senate. BY JUDICIARY AND RULES COMMITTEE AN ACT The Gubernatorial appointment was referred to the Judiciary RELATING TO EXECUTION; AMENDING SECTION and Rules Committee. 19-2715, IDAHO CODE, TO ESTABLISH ADDITIONAL PROVISIONS RELATING TO A STAY OF EXECUTION, TO Senator Darrington was recorded present at this order of REVISE PROVISIONS AND TO ESTABLISH ADDITIONAL business. PROVISIONS RELATING TO CERTAIN WARRANTS, The Senate advanced to the Ninth Order of Business. TO ESTABLISH ADDITIONAL PROVISIONS RELATING TO RESETTING EXECUTION DATES AND TO DEFINE A PHRASE; DECLARING AN EMERGENCY AND Messages from the House PROVIDING RETROACTIVE APPLICATION. S 1263, S 1264, S 1265, and S 1266 were introduced, read January 25, 2012 the first time at length, and referred to the Judiciary and Rules Committee for printing. Dear Mr. President: H 395 , by Appropriations Committee, was introduced, read I transmit herewith H 395, H 363, H 364, and H 365 , which the first time at length, and referred to the Finance Committee. have passed the House. H 363, H 364, and H 365 , by Revenue and Taxation ALEXANDER, Chief Clerk Committee, were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. H 395, H 363, H 364, and H 365 were filed for first reading. On request by Senator Davis, granted by unanimous consent, The Senate advanced to the Twelfth Order of Business. the Senate advanced to the Eleventh Order of Business. Second Reading of Bills S 1237 , by Education Committee, was read the second time Introduction, First Reading, and Reference of Bills, at length and filed for third reading. House Petitions, Resolutions, and Memorials H 355 , by Revenue and Taxation Committee, was read the second time at length and filed for third reading. S 1263 BY JUDICIARY AND RULES COMMITTEE On request by Senator Davis, granted by unanimous consent, AN ACT the Senate advanced to the Fifteenth Order of Business. RELATING TO THE STATE VICTIM NOTIFICATION FUND; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY Miscellaneous Business THE ADDITION OF A NEW SECTION 31-3204, IDAHO CODE, TO ESTABLISH A CERTAIN FEE FOR VICTIM On motion by Senator Davis, seconded by Senator Malepeai, NOTIFICATION PURPOSES; AMENDING CHAPTER 29, by voice vote, the Senate adjourned at 11:30 a.m. until the hour TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW of 11:15 a.m., Friday, January 27, 2012. SECTION 67-2912, IDAHO CODE, TO ESTABLISH THE BRAD LITTLE, President STATE VICTIM NOTIFICATION FUND, TO PROVIDE FOR THE PAYMENT OF MONEYS IN SUCH FUND, TO Attest: JENNIFER NOVAK, Secretary PROVIDE CERTAIN AUTHORITY OF THE DIRECTOR OF THE IDAHO STATE POLICE AND TO PROVIDE FOR THE SOURCE OF MONEYS FOR SUCH FUND.

S 1264 BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO THE CONTROL OF VENEREAL DISEASES; AMENDING SECTION 39-601, IDAHO CODE, TO REVISE THE ENUMERATED VENEREAL DISEASES; AND AMENDING SECTION 39-604, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT ALL PERSONS CHARGED WITH DRUG RELATED CHARGES SHALL BE TESTED FOR THE ENUMERATED VENEREAL DISEASES.

S 1265 BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO EXECUTION; AMENDING SECTION 19-2718, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE RETURN OF A DEATH WARRANT; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. [January 27, 2012 SENATE JOURNAL 43

SENATE JOURNAL WHEREAS, Idaho is projected to have the fifth highest increase in people suffering from Alzheimer's disease among all OF THE of the United States over the next several years; and WHEREAS, Alzheimer's disease is the only major cause of death that has a mortality rate that continues to increase; and IDAHO LEGISLATURE WHEREAS, Idaho's mortality rate from Alzheimer's disease is consistently higher than the national average; and SECOND REGULAR SESSION WHEREAS, 41% of Idahoans living in nursing homes have SIXTY-FIRST LEGISLATURE moderate to severe dementia; and WHEREAS, the Idaho Alzheimer's Planning Group is developing a plan to address the problem of Alzheimer's disease and other dementias throughout the state; and WHEREAS, the Idaho State Plan for Alzheimer's disease and NINETEENTH LEGISLATIVE DAY other dementias will help agencies, organizations and individuals FRIDAY, JANUARY 27, 2012 develop specific programs and strategies to meet the needsof Alzheimer's patients, their families and caregivers at the state, regional and local levels. Senate Chamber NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, President Pro Tempore Hill called the Senate to order at the Senate and the House of Representatives concurring therein, 11:15 a.m. that the State of Idaho acknowledges the seriousness of the impact of Alzheimer's disease and other dementias upon the state by endorsing the Idaho Alzheimer's Planning Group's Roll call showed all members present except Senators community awareness, data collection and resulting statewide Bilyeu, Brackett, and Siddoway, absent and formally excused by plan development and implementation efforts to address the the Chair. issue. BE IT FURTHER RESOLVED that the members of the Prayer was offered by Chaplain Keith Buhler. Second Regular Session of the Sixty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, The Pledge of Allegiance was led by Ben DeMordaunt, Page. support the Idaho Alzheimer's Planning Group's comprehensive approach toward educating the public about Alzheimer's disease The Senate advanced to the Third Order of Business. and other dementias; collecting and analyzing statewide data related to current and future needs for Alzheimer's patients, Reading and Correction of the Journal families and caregivers; and recommending programs and The JUDICIARY AND RULES Committee reports that the strategies for addressing those needs. Senate Journal of the proceedings of January 26, 2012, was read SCR 112 was introduced, read at length, and referred to the and approved as corrected. Judiciary and Rules Committee for printing. DARRINGTON, Chairman The Senate advanced to the Sixth Order of Business. There being no objection, the report was adopted and ordered Reports of Standing Committees filed in the office of the Secretary of the Senate. January 27, 2012 On request by Senator Winder, granted by unanimous The JUDICIARY AND RULES Committee reports that consent, the Senate advanced to the Fifth Order of Business. S 1263, S 1264, S 1265, and S 1266 have been correctly printed. Petitions, Resolutions, and Memorials DARRINGTON, Chairman SCR 112 S 1263, S 1264, S 1265, and S 1266 were referred to the BY HEALTH AND WELFARE COMMITTEE Judiciary and Rules Committee. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND January 26, 2012 ACKNOWLEDGING THE SERIOUSNESS OF ALZHEIMER'S The AGRICULTURAL AFFAIRS Committee reports it has DISEASE AND OTHER DEMENTIAS IN IDAHO BY had under consideration the Gubernatorial appointments listed ENDORSING THE IDAHO ALZHEIMER'S PLANNING below and the Committee recommends that said appointments be GROUP AND SUPPORTING SAID PLANNING GROUP'S confirmed by the Senate: COMPREHENSIVE APPROACH TO THE DEVELOPMENT OF A STATEWIDE PLAN TO ADDRESS THE NEEDS Gerald "Jerry" Trebesch to the State Soil and Water OF PEOPLE WITH ALZHEIMER'S DISEASE AND Conservation Commission, term to expire July 1, 2016. OTHER DEMENTIAS, THEIR FAMILY MEMBERS AND CAREGIVERS. H. Norman Wright to the State Soil and Water Conservation Commission, term to expire July 1, 2012. Be It Resolved by the Legislature of the State of Idaho: SIDDOWAY, Chairman WHEREAS, some 26,000 Idahoans are currently diagnosed The Gubernatorial appointments were referred to the Tenth with Alzheimer's disease, and the number is projected to increase Order of Business, Motions and Resolutions, and ordered held at significantly through 2025; and the Secretary's desk for one legislative day. 44 SENATE JOURNAL January 27, 2012]

January 26, 2012 dated January 20, 2012, inadvertently stated his term commenced January 1, 2011, which although it did, it was necessary to The LOCAL GOVERNMENT AND TAXATION reappoint Mr. Graham after sine die since the Senate adjourned Committee reports out H 356, H 360, H 361, and H 362 with without considering his appointment. the recommendation that they do pass. As Always - Idaho, Esto Perpetua CORDER, Chairman /s/ C.L. "Butch" Otter H 356, H 360, H 361, and H 362 were filed for second Governor reading. The correspondence was ordered filed in the office ofthe January 26, 2012 Secretary of the Senate. The COMMERCE AND HUMAN RESOURCES The Gubernatorial appointment was referred to the Committee reports it has had under consideration the Resources and Environment Committee. Gubernatorial appointments listed below and the Committee January 25, 2012 recommends that said appointments be confirmed by the Senate: The Honorable Brad Little John Michael Brassey to the Idaho Personnel Commission, President of the Senate term to expire July 1, 2017. Idaho Legislature Peter J. Black to the Idaho Personnel Commission, term to Dear Mr. President: expire July 1, 2017. I have the honor to inform you that Charles H. Correll of ANDREASON, Chairman Jerome, Idaho, was appointed as a member of the Park and The Gubernatorial appointments were referred to the Tenth Recreation Board to serve a term commencing January 16, 2012, Order of Business, Motions and Resolutions, and ordered held at and expiring June 30, 2013. the Secretary's desk for one legislative day. This appointment was made subject to confirmation by the January 26, 2012 Senate. Notice of appointment is hereby given. The COMMERCE AND HUMAN RESOURCES As Always - Idaho, Esto Perpetua Committee reports out S 1225, S 1226, S 1227, and S 1228 with /s/ C.L. "Butch" Otter the recommendation that they do pass. Governor ANDREASON, Chairman The correspondence was ordered filed in the office ofthe Secretary of the Senate. S 1225, S 1226, S 1227, and S 1228 were filed for second reading. The Gubernatorial appointment was referred to the Resources and Environment Committee. January 26, 2012 January 25, 2012 The FINANCE Committee reports out S 1257 and S 1258 with the recommendation that they do pass. The Honorable Brad Little President of the Senate CAMERON, Chairman Idaho Legislature S 1257 and S 1258 were filed for second reading. Dear Mr. President: On request by Senator Winder, granted by unanimous I have the honor to inform you that Robert H. Hansen of consent, the Senate advanced to the Eighth Order of Business. Menan, Idaho, was appointed as a member of the Park and Recreation Board to serve a term commencing July 12, 2011, Messages from the Governor and expiring June 30, 2017. This appointment was made subject to confirmation by the January 27, 2012 Senate. Notice of appointment is hereby given. The Honorable Brad Little As Always - Idaho, Esto Perpetua President of the Senate /s/ C.L. "Butch" Otter Idaho Legislature Governor Dear Mr. President: The correspondence was ordered filed in the office ofthe Secretary of the Senate. I have the honor to inform you that Robert "Bob" Graham of Bonners Ferry, ID has been reappointed to the Idaho Water The Gubernatorial appointment was referred to the Resource Board to serve a term commencing April 8, 2011 and Resources and Environment Committee. expiring January 1, 2015. This appointment was made subject to January 25, 2012 confirmation by the Senate, and notice of appointment ishereby given. The Honorable Brad Little President of the Senate Pursuant to Idaho Code 59-904 (e), certain appointments Idaho Legislature are void at the end of the legislative session if the Idaho Senate adjourns without granting its consent for the nominee. My letter Dear Mr. President: [January 27, 2012 SENATE JOURNAL 45

I have the honor to inform you that Wendy Lively of Ammon, Dear Mr. President: Idaho, was appointed as a member of the Bingo-Raffle Advisory Board to serve a term commencing January 7, 2012, and expiring I want to clarify that my letter dated January 19, 2012 January 7, 2015. concerning the appointment of Alex Irby to the Outfitters and Guides Licensing Board was sent in error. This position was not This appointment was made subject to confirmation by the a gubernational appointment. The appointing authority, the Idaho Senate. Notice of appointment is hereby given. Fish and Game Commission, previously sent a letter informing you of the appointment pursuant to Idaho Code. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter As Always - Idaho, Esto Perpetua Governor /s/ C.L. "Butch" Otter Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate. The correspondence was ordered filed in the office ofthe Secretary of the Senate. The Gubernatorial appointment was referred to the State Affairs Committee. The Senate advanced to the Ninth Order of Business. January 25, 2012 Messages from the House The Honorable Brad Little January 26, 2012 President of the Senate Idaho Legislature Dear Mr. President: Dear Mr. President: I transmit herewith H 404 , which has passed the House. I have the honor to inform you that J. Marshall Garrett of ALEXANDER, Chief Clerk Boise, Idaho, was appointed as a member of the Bingo-Raffle H 404 was filed for first reading. Advisory Board to serve a term commencing January 7, 2012, and expiring January 7, 2015. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter S 1267 Governor BY FINANCE COMMITTEE The correspondence was ordered filed in the office ofthe AN ACT Secretary of the Senate. RELATING TO THE APPROPRIATION TO THE IDAHO DIVISION OF VOCATIONAL REHABILITATION, The Gubernatorial appointment was referred to the State AMENDING SECTION 2, CHAPTER 254, LAWS OF 2011, Affairs Committee. TO REVISE THE APPROPRIATION TO THE IDAHO DIVISION OF VOCATIONAL REHABILITATION FOR January 26, 2012 FISCAL YEAR 2012; AND DECLARING AN EMERGENCY. The Honorable Brad Little President of the Senate S 1268 Idaho Legislature BY COMMERCE AND HUMAN RESOURCES COMMITTEE Dear Mr. President: AN ACT I have the honor to inform you that J. Kirk Sullivan of Boise, RELATING TO INSURANCE DEDUCTIBLES; AMENDING Idaho, was appointed as a member of the Public Employee SECTION 41-2511, IDAHO CODE, TO PROVIDE FOR Retirement System of Idaho Board to serve a term commencing AN INCREASE IN PERMISSIVE DEDUCTIBLES FOR July 1, 2011, and expiring July 1, 2016. COMPREHENSIVE COVERAGE AND COLLISION OR PHYSICAL DAMAGE COVERAGE AS A CONDITION TO This appointment was made subject to confirmation by the RENEWAL. Senate. Notice of appointment is hereby given. S 1269 As Always - Idaho, Esto Perpetua BY EDUCATION COMMITTEE /s/ C.L. "Butch" Otter AN ACT Governor RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING The correspondence was ordered filed in the office ofthe SECTION 33-5202A, IDAHO CODE, TO PROVIDE THAT Secretary of the Senate. A CERTAIN DESIGNATION SHALL BE MADE ONLY WITHIN A CERTAIN PERIOD OF TIME AND TO MAKE A The Gubernatorial appointment was referred to the TECHNICAL CORRECTION. Commerce and Human Resources Committee. January 27, 2012 S 1270 BY STATE AFFAIRS COMMITTEE The Honorable Brad Little AN ACT President of the Senate RELATING TO APPOINTMENTS BY THE LEGISLATURE Idaho Legislature TO CERTAIN BOARDS AND COMMITTEES; PROVIDING 46 SENATE JOURNAL January 27, 2012]

LEGISLATIVE INTENT; REPEALING SECTION 39-3029, IDAHO CODE, RELATING TO THE PACIFIC STATES AGREEMENT ON RADIOACTIVE MATERIALS TRANSPORTATION MANAGEMENT; REPEALING SECTION 67-4247A, IDAHO CODE, RELATING TO THE GRANT EVALUATION COMMITTEE OF THE STATE TRUST FUND FOR OUTDOOR RECREATION ENHANCEMENT; REPEALING CHAPTER 85, TITLE 67, IDAHO CODE, RELATING TO THE IDAHO HALL OF FAME ADVISORY BOARD; AMENDING SECTION 49-1901, IDAHO CODE, TO REVISE THE NAME OF THE MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT AND TO PROVIDE A CORRECT CITE REFERENCE; AND DECLARING AN EMERGENCY. S 1267, S 1268, S 1269, and S 1270 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. H 404 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills On request by Senator Winder, granted by unanimous consent, S 1237 retained its place on the Third Reading Calendar for one legislative day. H 355 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bock, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. Absent and excused–Bilyeu, Brackett, Siddoway. Total - 3. Total - 35. Whereupon the President Pro Tempore declared H 355 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:40 a.m. until the hour of 11:15 a.m., Monday, January 30, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary [January 30, 2012 SENATE JOURNAL 47

SENATE JOURNAL Alex is from Orofino and was the Commissioner representing the Clearwater Region. He was appointed June 30, 1999 and OF THE served two terms on the Commission ending June 30, 2007. Alex's experience on the Idaho Fish and Game Commission IDAHO LEGISLATURE will serve him well in this assignment. I am confident that Alex's service on the Board will promote an excellent relationship SECOND REGULAR SESSION and communications among IOGLB, the Idaho Fish and Game SIXTY-FIRST LEGISLATURE Commission and the Department of Fish and Game. Sincerely, /s/ Tony McDermott Chairman, Idaho Fish and Game TWENTY-SECOND LEGISLATIVE DAY Commission MONDAY, JANUARY 30, 2012 /s/ Virgil Moore Senate Chamber Secretary, Idaho Fish and Game Commission President Little called the Senate to order at 11:15 a.m. The correspondence was ordered filed in the office ofthe Secretary of the Senate.

Roll call showed all members present except Senators Lodge The Idaho Fish and Game Commission appointment was and Winder, absent and formally excused by the Chair; and referred to the Resources and Environment Committee. Senators Cameron and Fulcher, absent and excused. Senator Fulcher was recorded present at this order of Prayer was offered by Chaplain Keith Buhler. business. The Pledge of Allegiance was led by Renae Feist, Page. The Senate advanced to the Fifth Order of Business. The Senate advanced to the Third Order of Business. Petitions, Resolutions, and Memorials

Reading and Correction of the Journal SJR 104 BY RESOURCES AND ENVIRONMENT COMMITTEE The JUDICIARY AND RULES Committee reports that the A JOINT RESOLUTION Senate Journal of the proceedings of January 27, 2012, was read PROPOSING AN AMENDMENT TO ARTICLE I, OF THE and approved as corrected. CONSTITUTION OF THE STATE OF IDAHO, BY THE ADDITION OF A NEW SECTION 23, ARTICLE I, TO DARRINGTON, Chairman PROVIDE THAT THE RIGHTS TO HUNT, FISH AND There being no objection, the report was adopted and ordered TRAP ARE A VALUED PART OF THE HERITAGE OF THE filed in the office of the Secretary of the Senate. STATE OF IDAHO AND SHALL FOREVER BE PRESERVED FOR THE PEOPLE THROUGH THE LAWS, RULES AND The Senate advanced to the Fourth Order of Business. PROCLAMATIONS OF THE STATE AND TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CREATE A RIGHT Reading of Communications TO TRESPASS ON PRIVATE PROPERTY, SHALL NOT AFFECT RIGHTS TO DIVERT, APPROPRIATE AND USE January 27, 2012 WATER, AND SHALL NOT LEAD TO A DIMINUTION OF OTHER PRIVATE RIGHTS; STATING THE QUESTION TO The Honorable Brad Little BE SUBMITTED TO THE ELECTORATE; DIRECTING THE Lieutenant Governor LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS Office of the Governor REQUIRED BY LAW; AND DIRECTING THE SECRETARY Statehouse Mail OF STATE TO PUBLISH THE AMENDMENT AND Dear Lieutenant Governor Little: ARGUMENTS AS REQUIRED BY LAW. This is to advise you that the Idaho Fish and Game SJR 104 was introduced, read the first time at length, and Commission, at its meeting in Lewiston on May 19, 2011 referred to the Judiciary and Rules Committee for printing. appointed Alex Irby to serve as its representative to the Idaho The Senate advanced to the Sixth Order of Business. Outfitters and Guides Licensing Board (IOGLB), subject to Senate approval. The term of appointment is May 31, 2011 to Reports of Standing Committees May 31, 2014. January 30, 2012 Alex is a resource manager, sportsman and outdoor enthusiast from the Clearwater Region. He is a Lifetime The JUDICIARY AND RULES Committee reports that member of the Rocky Mountain Elk Foundation, National S 1267, S 1268, S 1269, S 1270, and SCR 112 have been Rifle Association, Clearwater Basin Advisory Committee, past correctly printed. president of the Orofino Chamber and was a supervisor for the Clearwater Soil and Conservation District for 11 years. DARRINGTON, Chairman 48 SENATE JOURNAL January 30, 2012]

S 1267 was referred to the Finance Committee. The Gubernatorial appointment was referred to the Education Committee. S 1268 was referred to the Commerce and Human Resources Committee.

S 1269 was referred to the Education Committee. January 26, 2012 S 1270 was referred to the State Affairs Committee. The Honorable Brad Little On request by Senator Broadsword, granted by unanimous President of the Senate consent, SCR 112 was referred to the Health and Welfare Idaho Legislature Committee. Dear Mr. President: January 30, 2012 I have the honor to inform you that Esther Van Wart of The FINANCE Committee reports out H 395 with the Chubbuck, Idaho, was appointed as a member of the Public recommendation that it do pass. Charter School Commission to serve a term commencing May 12, 2011, and expiring May 12, 2015. CAMERON, Chairman This appointment was made subject to confirmation by the H 395 was filed for second reading. Senate. Notice of appointment is hereby given. On request by Senator Davis, granted by unanimous consent, As Always - Idaho, Esto Perpetua the Senate advanced to the Eighth Order of Business. /s/ C.L. "Butch" Otter Messages from the Governor Governor January 26, 2012 The correspondence was ordered filed in the office ofthe Secretary of the Senate. The Honorable Brad Little President of the Senate The Gubernatorial appointment was referred to the Education Idaho Legislature Committee. Dear Mr. President: January 27, 2012 I have the honor to inform you that Brad Corkill of Cataldo, The Honorable Brad Little Idaho, was appointed as a member of the Public Charter School President of the Senate Commission to serve a term commencing May 12, 2011, and Idaho Legislature expiring May 12, 2015. Dear Mr. President: This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. I have the honor to inform you that Michael D. Gibson of Nampa, Idaho, was appointed as a member of the Commission As Always - Idaho, Esto Perpetua for the Blind and Visually Impaired to serve a term commencing /s/ C.L. "Butch" Otter July 1, 2011, and expiring July 1, 2014. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office ofthe Senate. Notice of appointment is hereby given. Secretary of the Senate. As Always - Idaho, Esto Perpetua The Gubernatorial appointment was referred to the Education /s/ C.L. "Butch" Otter Committee. Governor January 26, 2012 The correspondence was ordered filed in the office ofthe The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Health and Welfare Committee. Dear Mr. President: January 27, 2012 I have the honor to inform you that Wanda Chillingworth Quinn of Coeur d'Alene, Idaho, was appointed as a member of the The Honorable Brad Little Public Charter School Commission to serve a term commencing President of the Senate July 12, 2011, and expiring May 12, 2012. Idaho Legislature This appointment was made subject to confirmation by the Dear Mr. President: Senate. Notice of appointment is hereby given. I have the honor to inform you that Allan R. Schneider of As Always - Idaho, Esto Perpetua Emmett, Idaho, was appointed as a member of the Commission /s/ C.L. "Butch" Otter for the Blind & Visually Impaired to serve a term commencing Governor September 22, 2011, and expiring July 1, 2012. The correspondence was ordered filed in the office ofthe This appointment was made subject to confirmation by the Secretary of the Senate. Senate. Notice of appointment is hereby given. [January 30, 2012 SENATE JOURNAL 49

As Always - Idaho, Esto Perpetua The President announced that the Commerce and Human /s/ C.L. "Butch" Otter Resources Committee report relative to the Gubernatorial Governor appointment of Peter J. Black was before the Senate for final consideration, the question being, "Shall the report be adopted?" The correspondence was ordered filed in the office ofthe Secretary of the Senate. On motion by Senator Tippets, seconded by Senator Bilyeu, the Gubernatorial appointment of Peter J. Black as a member of The Gubernatorial appointment was referred to the Health the Idaho Personnel Commission was confirmed by voice vote. and Welfare Committee. The President declared the report adopted and directed the On request by Senator Davis, granted by unanimous consent, Secretary of the Senate to prepare a letter of the Gubernatorial the Senate advanced to the Tenth Order of Business. appointment confirmation for his signature, attested to bythe Motions and Resolutions Secretary, to be transmitted to the Governor informing him of the action of the Senate. On request by Senator Broadsword, granted by unanimous consent, SCR 111 was referred to the Resources and Environment The Senate advanced to the Eleventh Order of Business. Committee. Senator Cameron was recorded present at this order of Introduction, First Reading, and Reference of Bills, business. House Petitions, Resolutions, and Memorials The President announced that the Agricultural Affairs Committee report relative to the Gubernatorial appointment S 1271 of Gerald "Jerry" Trebesch was before the Senate for final BY RESOURCES AND ENVIRONMENT COMMITTEE consideration, the question being, "Shall the report be adopted?" AN ACT RELATING TO THE DEPARTMENT OF LANDS; On motion by Senator Vick, seconded by Senator Stennett, AMENDING CHAPTER 3, TITLE 58, IDAHO CODE, the Gubernatorial appointment of Gerald "Jerry" Trebesch as a BY THE ADDITION OF A NEW SECTION 58-302, member of the State Soil and Water Conservation Commission IDAHO CODE, TO DEFINE A TERM, TO REQUIRE was confirmed by voice vote. APPLICANTS FOR STATE GRAZING LEASES TO SUBMIT GRAZING MANAGEMENT PROPOSALS, TO PROVIDE The President declared the report adopted and directed the REQUIREMENTS FOR SUCH PROPOSALS AND TO Secretary of the Senate to prepare a letter of the Gubernatorial PROVIDE FOR CERTAIN EXCEPTIONS. appointment confirmation for his signature, attested to bythe Secretary, to be transmitted to the Governor informing him of S 1271 was introduced, read the first time at length, and the action of the Senate. referred to the Judiciary and Rules Committee for printing. The President announced that the Agricultural Affairs The Senate advanced to the Twelfth Order of Business. Committee report relative to the Gubernatorial appointment of H. Norman Wright was before the Senate for final consideration, the question being, "Shall the report be adopted?" Second Reading of Bills On motion by Senator Bock, seconded by Senator Cameron, the Gubernatorial appointment of H. Norman Wright as a H 356, H 360, H 361, and H 362 , by Revenue and Taxation member of the State Soil and Water Conservation Commission Committee, were read the second time at length and filed for third was confirmed by voice vote. reading. The President declared the report adopted and directed the S 1225, S 1226, S 1227, and S 1228 , by Commerce and Secretary of the Senate to prepare a letter of the Gubernatorial Human Resources Committee, were read the second time at appointment confirmation for his signature, attested to bythe length and filed for third reading. Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1257 and S 1258 , by Finance Committee, were read the second time at length and filed for third reading. The President announced that the Commerce and Human Resources Committee report relative to the Gubernatorial The Senate advanced to the Thirteenth Order of Business. appointment of John Michael Brassey was before the Senate for final consideration, the question being, "Shall the report be adopted?" Third Reading of Bills On motion by Senator Smyser, seconded by Senator Bilyeu, the Gubernatorial appointment of John Michael Brassey as a S 1237 was read the third time at length, section by section, member of the Idaho Personnel Commission was confirmed by and placed before the Senate for final consideration. Senator voice vote. Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial On request by Senator Davis, granted by unanimous appointment confirmation for his signature, attested to bythe consent, the typographical errors on the Statement of Purpose Secretary, to be transmitted to the Governor informing him of for S 1237 would be corrected before transmittal to the House. the action of the Senate. 50 SENATE JOURNAL January 30, 2012]

Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk. Total - 33. NAYS–None. Absent and excused–Lodge, Winder. Total - 2. Total - 35. Whereupon the President declared S 1237 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12 noon until the hour of 11 a.m., Tuesday, January 31, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [January 31, 2012 SENATE JOURNAL 51

SENATE JOURNAL S 1213, S 1219, S 1222, S 1232, and S 1233 were filed for second reading. OF THE January 31, 2012 IDAHO LEGISLATURE The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Idaho Fish and Game SECOND REGULAR SESSION Commission appointment listed below and the Committee SIXTY-FIRST LEGISLATURE recommends that said appointment be confirmed by the Senate: Alex Irby to the Outfitters and Guides Licensing Board, term to expire May 31, 2014. PEARCE, Chairman TWENTY-THIRD LEGISLATIVE DAY TUESDAY, JANUARY 31, 2012 The Idaho Fish and Game Commission appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Senate Chamber January 31, 2012 President Little called the Senate to order at 11 a.m. The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial appointments listed below and the Committee recommends that Roll call showed all members present except Senator Winder, said appointments be confirmed by the Senate: absent and formally excused by the Chair; and Senator Cameron, absent and excused. Fred Trevey to the Idaho Fish and Game Commission, term to expire June 30, 2015. Prayer was offered by Chaplain Keith Buhler. Kenneth T. Anderson to the Idaho Fish and Game The Pledge of Allegiance was led by Rebekah Grad, Page. Commission, term to expire June 30, 2015. The Senate advanced to the Third Order of Business. Jeffery D. Raybould to the Idaho Water Resource Board, term Reading and Correction of the Journal to expire January 1, 2015. The JUDICIARY AND RULES Committee reports that the Peter D. Van Der Meulen to the Idaho Water Resource Board, Senate Journal of the proceedings of January 30, 2012, was read term to expire January 1, 2015. and approved as corrected. Robert "Bob" Graham to the Idaho Water Resource Board, DARRINGTON, Chairman term to expire January 1, 2015. There being no objection, the report was adopted and ordered PEARCE, Chairman filed in the office of the Secretary of the Senate. The Gubernatorial appointments were referred to the Tenth On request by Senator Davis, granted by unanimous consent, Order of Business, Motions and Resolutions, and ordered held at the Senate advanced to the Sixth Order of Business. the Secretary's desk for one legislative day. Reports of Standing Committees On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. January 31, 2012 Messages from the House The JUDICIARY AND RULES Committee reports that S 1271 and SJR 104 have been correctly printed. January 30, 2012 DARRINGTON, Chairman Dear Mr. President: S 1271 and SJR 104 were referred to the Resources and I transmit herewith HJM 4 , which has passed the House. Environment Committee. ALEXANDER, Chief Clerk January 30, 2012 HJM 4 was filed for first reading. The FINANCE Committee reports out S 1267 with the recommendation that it do pass. January 30, 2012 CAMERON, Chairman Dear Mr. President: S 1267 was filed for second reading. I return herewith S 1224 , which has passed the House. January 30, 2012 ALEXANDER, Chief Clerk The JUDICIARY AND RULES Committee reports out S 1224 was referred to the Judiciary and Rules Committee S 1213, S 1219, S 1222, S 1232, and S 1233 with the for enrolling. recommendation that they do pass. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman the Senate returned to the Sixth Order of Business. 52 SENATE JOURNAL January 31, 2012]

Reports of Standing Committees Second Reading of Bills H 395 , by Appropriations Committee, was read the second January 31, 2012 time at length and filed for third reading. The JUDICIARY AND RULES Committee reports that The Senate advanced to the Thirteenth Order of Business. S 1224 has been correctly enrolled.

DARRINGTON, Chairman Third Reading of Bills The President signed Enrolled S 1224 and ordered it On request by Senator Corder, granted by unanimous transmitted to the House for the signature of the Speaker. consent, H 356 retained its place on the Third Reading Calendar On request by Senator Davis, granted by unanimous consent, for one legislative day. the Senate advanced to the Eleventh Order of Business. H 360 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Introduction, First Reading, and Reference of Bills, McKenzie arose as sponsor of the bill and opened the debate. House Petitions, Resolutions, and Memorials The question being, "Shall the bill pass?" Roll call resulted as follows: S 1272 AYES–Andreason, Bair, Bilyeu, Bock, Brackett, BY JUDICIARY AND RULES COMMITTEE Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, AN ACT Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, RELATING TO TELEGRAPHS; AMENDING SECTION Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, 19-616, IDAHO CODE, TO DELETE PROVISIONS Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, RELATING TO TELEGRAPHING, TO PROVIDE Toryanski, Vick, Werk. Total - 33. THAT A WARRANT OF ARREST MAY BE SENT BY CERTAIN PROCESSES AND TO MAKE A TECHNICAL NAYS–None. CORRECTION; REPEALING SECTION 19-617, IDAHO CODE, RELATING TO TELEGRAPHIC COPIES OF Absent and excused–Cameron, Winder. Total - 2. WARRANTS; REPEALING SECTIONS 62-414 THROUGH 62-417, IDAHO CODE, RELATING TO TELEGRAPHIC Total - 35. COMMUNICATIONS. Whereupon the President declared H 360 passed, title was S 1273 approved, and the bill ordered returned to the House. BY HEALTH AND WELFARE COMMITTEE H 361 was read the third time at length, section by section, AN ACT and placed before the Senate for final consideration. Senator RELATING TO NURSES; AMENDING SECTION 54-1401, Corder arose as sponsor of the bill and opened the debate. The IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; question being, "Shall the bill pass?" AMENDING SECTION 54-1402, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 54-1403, Pursuant to Senate Rule 39(H), Senator Corder disclosed a IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; possible conflict of interest under applicable law. AMENDING SECTION 54-1408, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING Roll call resulted as follows: SECTION 54-1409, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE A QUALIFICATION AYES–Andreason, Bair, Bilyeu, Bock, Brackett, FOR AN ADVANCED PRACTICE REGISTERED NURSING Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, LICENSE; AMENDING SECTION 54-1410, IDAHO CODE, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, TO PROVIDE CORRECT TERMINOLOGY; AMENDING Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, SECTION 54-1411, IDAHO CODE, TO REVISE PROVISIONS Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, RELATING TO LICENSE RENEWAL AND TO MAKE Toryanski, Vick, Werk. Total - 33. A TECHNICAL CORRECTION; AMENDING SECTION 54-1417, IDAHO CODE, TO REVISE THE MEMBERSHIP OF NAYS–None. AND TERM OF OFFICE FOR THE ADVISORY COMMITTEE Absent and excused–Cameron, Winder. Total - 2. TO THE BOARD, TO REVISE THE DUTIES OF THE ADVISORY COMMITTEE TO THE BOARD AND TO MAKE Total - 35. A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE. Whereupon the President declared H 361 passed, title was approved, and the bill ordered returned to the House. S 1272 and S 1273 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for Senator Cameron was recorded present at this order of printing. business. HJM 4 , by Judiciary, Rules, and Administration Committee, H 362 was read the third time at length, section by section, was introduced, read at length, and referred to the Judiciary and and placed before the Senate for final consideration. Senator Rules Committee. McGee arose as sponsor of the bill and opened the debate. The The Senate advanced to the Twelfth Order of Business. question being, "Shall the bill pass?" [January 31, 2012 SENATE JOURNAL 53

Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McGee, McKenzie, Siddoway, Smyser, Tippets, Toryanski, Werk. Total - 24. NAYS–Bock, Fulcher, Malepeai, Malloy (McKague), Mortimer, Nuxoll, Pearce, Schmidt, Stennett, Vick. Total - 10. Absent and excused–Winder. Total - 1. Total - 35. Whereupon the President declared H 362 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Ninth Order of Business. Messages from the House January 31, 2012 Dear Mr. President: I return herewith Enrolled S 1224 , which has been signed by the Speaker. ALEXANDER, Chief Clerk Enrolled S 1224 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:05 p.m. until the hour of 11 a.m., Wednesday, February 1, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 54 SENATE JOURNAL February 1, 2012]

SENATE JOURNAL NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, OF THE the Senate and the House of Representatives concurring therein, that IDAPA 35.01.01, State Tax Commission, Rules Governing Income Tax Administrative Rules, Section 263, relating to IDAHO LEGISLATURE Idaho Source Income of Nonresident and Part-Year Resident Individuals – Distributive Share of S Corporation and Partnership SECOND REGULAR SESSION Income, only, adopted as pending rules under Docket Number SIXTY-FIRST LEGISLATURE 35-0101-1102, be, and the same are hereby rejected and declared null, void and of no force and effect. SCR 113 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. TWENTY-FOURTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 1, 2012 The Senate advanced to the Sixth Order of Business.

Reports of Standing Committees Senate Chamber President Little called the Senate to order at 11 a.m. February 1, 2012 The JUDICIARY AND RULES Committee reports that S 1272 and S 1273 have been correctly printed. Roll call showed all members present except Senator Winder, absent and formally excused by the Chair; and Senators DARRINGTON, Chairman Andreason, Cameron and Werk, absent and excused. S 1272 was referred to the Judiciary and Rules Committee. Prayer was offered by Chaplain Keith Buhler. S 1273 was referred to the Health and Welfare Committee. The Pledge of Allegiance was led by Brian Kreis, Page. January 31, 2012 The Senate advanced to the Third Order of Business. The TRANSPORTATION Committee reports out S 1243 with the recommendation that it do pass. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the HAMMOND, Chairman Senate Journal of the proceedings of January 31, 2012, was read S 1243 was filed for second reading. and approved as corrected. DARRINGTON, Chairman January 31, 2012 There being no objection, the report was adopted and ordered The LOCAL GOVERNMENT AND TAXATION filed in the office of the Secretary of the Senate. Committee reports out H 357, H 363, H 364, and H 365 with the recommendation that they do pass. Senator Werk was recorded present at this order of business. CORDER, Chairman On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. H 357, H 363, H 364, and H 365 were filed for second reading. Petitions, Resolutions, and Memorials January 31, 2012

SCR 113 The JUDICIARY AND RULES Committee reports that BY LOCAL GOVERNMENT AND TAXATION Enrolled S 1224 was delivered to the Office of the Governor at COMMITTEE 1:10 p.m., January 31, 2012. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND DARRINGTON, Chairman REJECTING CERTAIN RULES OF THE STATE The report was ordered filed in the office of the Secretary of TAX COMMISSION RELATING TO INCOME TAX the Senate. ADMINISTRATIVE RULES. Be It Resolved by the Legislature of the State of Idaho: On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, Messages from the Governor Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and January 30, 2012 WHEREAS, it is the finding of the Legislature that certain rules of the State Tax Commission relating to Income Tax The Honorable Brad Little Administrative Rules are not consistent with legislative intent President of the Senate and should be rejected. Idaho Legislature [February 1, 2012 SENATE JOURNAL 55

Dear Mr. President: Messages from the House I have the honor to inform you that Ruthie Johnson of January 31, 2012 Hayden Lake, Idaho, was appointed as a member of the Idaho Commission on Human Rights to serve a term commencing July Dear Mr. President: 1, 2011, and expiring July 1, 2014. I transmit herewith Enrolled H 355 for the signature of the This appointment was made subject to confirmation by the President. Senate. Notice of appointment is hereby given. ALEXANDER, Chief Clerk As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The President signed Enrolled H 355 and ordered it returned Governor to the House. The correspondence was ordered filed in the office ofthe Senator Andreason was recorded present at this order of Secretary of the Senate. business. The Senate advanced to the Tenth Order of Business. The Gubernatorial appointment was referred to the State Affairs Committee. Motions and Resolutions The President announced that the Resources and January 30, 2012 Environment Committee report relative to the Idaho Fish and Game Commission appointment of Alex Irby was before the The Honorable Brad Little Senate for final consideration, the question being, "Shall the President of the Senate report be adopted?" Idaho Legislature On motion by Senator Nuxoll, seconded by Senator Schmidt, Dear Mr. President: the Idaho Fish and Game Commission appointment of Alex Irby I have the honor to inform you that Hyong K. Pak of as a member of the Outfitters and Guides Licensing Board was Twin Falls, Idaho, was appointed as a member of the Idaho confirmed by voice vote. Commission on Human Rights to serve a term commencing July The President declared the report adopted and directed the 1, 2011, and expiring July 1, 2014. Secretary of the Senate to prepare a letter of the Idaho Fish and This appointment was made subject to confirmation by the Game Commission appointment confirmation for his signature, Senate. Notice of appointment is hereby given. attested to by the Secretary, to be transmitted to the Idaho Fish and Game Commission informing them of the action of the Senate. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The President announced that the Resources and Governor Environment Committee report relative to the Gubernatorial appointment of Fred Trevey was before the Senate for final The correspondence was ordered filed in the office ofthe consideration, the question being, "Shall the report be adopted?" Secretary of the Senate. On motion by Senator Johnson, seconded by Senator Stennett, the Gubernatorial appointment of Fred Trevey The Gubernatorial appointment was referred to the State as a member of the Idaho Fish and Game Commission was Affairs Committee. confirmed by voice vote. The President declared the report adopted and directed the January 31, 2012 Secretary of the Senate to prepare a letter of the Gubernatorial The Honorable Brad Little appointment confirmation for his signature, attested to bythe President of the Senate Secretary, to be transmitted to the Governor informing him of Idaho Legislature the action of the Senate. Dear Mr. President: The President announced that the Resources and Environment Committee report relative to the Gubernatorial I have the honor to inform you that I have signed today and appointment of Kenneth T. Anderson was before the Senate am transmitting to the Secretary of State the following Senate for final consideration, the question being, "Shall the report be Bill, to wit: adopted?" S 1224 On motion by Senator Bair, seconded by Senator Stennett, As Always - Idaho, Esto Perpetua the Gubernatorial appointment of Kenneth T. Anderson as a /s/ C.L. "Butch" Otter member of the Idaho Fish and Game Commission was confirmed Governor of Idaho by voice vote. The correspondence was ordered filed in the office ofthe The President declared the report adopted and directed the Secretary of the Senate. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to bythe Secretary, to be transmitted to the Governor informing him of The Senate advanced to the Ninth Order of Business. the action of the Senate. 56 SENATE JOURNAL February 1, 2012]

The President announced that the Resources and Second Reading of Bills Environment Committee report relative to the Gubernatorial appointment of Jeffery D. Raybould was before the Senate for S 1267, S 1213, S 1219, S 1222, S 1232, and S 1233 , by final consideration, the question being, "Shall the report be Judiciary and Rules Committee, were read the second time at adopted?" length and filed for third reading. On motion by Senator Siddoway, seconded by The Senate advanced to the Thirteenth Order of Business. Senator Schmidt, the Gubernatorial appointment of Jeffery D. Raybould as a member of the Idaho Water Resource Board was confirmed by voice vote. Third Reading of Bills The President declared the report adopted and directed the Senator Cameron was recorded present at this order of Secretary of the Senate to prepare a letter of the Gubernatorial business. appointment confirmation for his signature, attested to bythe H 356 was read the third time at length, section by section, Secretary, to be transmitted to the Governor informing him of and placed before the Senate for final consideration. Senator the action of the Senate. Johnson arose as sponsor of the bill and opened the debate. The The President announced that the Resources and question being, "Shall the bill pass?" Environment Committee report relative to the Gubernatorial appointment of Peter D. Van Der Meulen was before the Senate Roll call resulted as follows: for final consideration, the question being, "Shall the report be AYES–Andreason, Bair, Bilyeu, Bock, Brackett, adopted?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, On motion by Senator Stennett, seconded by Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Senator Siddoway, the Gubernatorial appointment of Peter D. Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Van Der Meulen as a member of the Idaho Water Resource Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Board was confirmed by voice vote. Tippets, Toryanski, Vick, Werk. Total - 34. The President declared the report adopted and directed the NAYS–None. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to bythe Absent and excused–Winder. Total - 1. Secretary, to be transmitted to the Governor informing him of Total - 35. the action of the Senate. Whereupon the President declared H 356 passed, title was The President announced that the Resources and approved, and the bill ordered returned to the House. Environment Committee report relative to the Gubernatorial appointment of Robert "Bob" Graham was before the Senate S 1225 was read the third time at length, section by section, for final consideration, the question being, "Shall the report be and placed before the Senate for final consideration. Senator adopted?" Tippets arose as sponsor of the bill and opened the debate. The On motion by Senator Keough, seconded by question being, "Shall the bill pass?" Senator Stennett, the Gubernatorial appointment of Robert President Little called President Pro Tempore Hill to the "Bob" Graham as a member of the Idaho Water Resource Board Chair. was confirmed by voice vote. Pursuant to Senate Rule 39(H), Senator Fulcher disclosed a The President declared the report adopted and directed the possible conflict of interest under applicable law. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to bythe Pursuant to Senate Rule 39(H), Senator Bilyeu disclosed a Secretary, to be transmitted to the Governor informing him of possible conflict of interest under applicable law. the action of the Senate. Roll call resulted as follows: The Senate advanced to the Eleventh Order of Business. AYES–Andreason, Bair, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Hammond, Introduction, First Reading, and Reference of Bills, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, House Petitions, Resolutions, and Memorials McGee, Mortimer, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 27. S 1274 NAYS–Bilyeu, Fulcher, Malloy (McKague), McKenzie, BY TRANSPORTATION COMMITTEE Nuxoll, Pearce, Vick. Total - 7. AN ACT RELATING TO TEXTING AND DRIVING; AMENDING Absent and excused–Winder. Total - 1. CHAPTER 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1401A, IDAHO CODE, TO DEFINE Total - 35. A TERM AND TO PROVIDE INFRACTION PENALTIES Whereupon the President Pro Tempore declared FOR TEXTING WHILE DRIVING WITH EXCEPTIONS. S 1225 passed, title was approved, and the bill ordered S 1274 was introduced, read the first time at length, and transmitted to the House. referred to the Judiciary and Rules Committee for printing. On request by Senator Davis, granted by unanimous consent, The Senate advanced to the Twelfth Order of Business. the Senate advanced to the Fifteenth Order of Business. [February 1, 2012 SENATE JOURNAL 57

Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12 noon until the hour of 11 a.m., Thursday, February 2, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 58 SENATE JOURNAL February 2, 2012]

SENATE JOURNAL February 1, 2012 The JUDICIARY AND RULES Committee reports out OF THE S 1253 with the recommendation that it do pass. IDAHO LEGISLATURE DARRINGTON, Chairman S 1253 was filed for second reading. SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE February 1, 2012 The LOCAL GOVERNMENT AND TAXATION Committee reports out H 358 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. TWENTY-FIFTH LEGISLATIVE DAY CORDER, Chairman THURSDAY, FEBRUARY 2, 2012 There being no objection, H 358 was referred to the Fourteenth Order of Business, General Calendar. Senate Chamber February 1, 2012 President Little called the Senate to order at 11 a.m. The EDUCATION Committee reports out S 1269 with the recommendation that it do pass. Roll call showed all members present except Senators Davis GOEDDE, Chairman and Goedde, absent and formally excused by the Chair; and Senator LeFavour, absent and excused. S 1269 was filed for second reading. Prayer was offered by Chaplain Keith Buhler. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The Pledge of Allegiance was led by Abigail Mocettini, Page. Messages from the House The Senate advanced to the Third Order of Business. February 1, 2012 Reading and Correction of the Journal Dear Mr. President: The JUDICIARY AND RULES Committee reports that the I transmit herewith H 402, H 412, and H 417 , which have Senate Journal of the proceedings of February 1, 2012, was read passed the House. and approved as corrected. ALEXANDER, Chief Clerk DARRINGTON, Chairman H 402, H 412, and H 417 were filed for first reading. There being no objection, the report was adopted and ordered February 1, 2012 filed in the office of the Secretary of the Senate. Dear Mr. President: Senator LeFavour was recorded present at this order of business. I return herewith SJR 102 , which has passed the House. On request by Senator Winder, granted by unanimous ALEXANDER, Chief Clerk consent, the Senate advanced to the Sixth Order of Business. SJR 102 was referred to the Judiciary and Rules Committee Reports of Standing Committees for enrolling. February 2, 2012 On request by Senator Winder, granted by unanimous The JUDICIARY AND RULES Committee reports that consent, the Senate advanced to the Eleventh Order of Business. S 1274 and SCR 113 have been correctly printed. Introduction, First Reading, and Reference of Bills, DARRINGTON, Chairman House Petitions, Resolutions, and Memorials S 1274 was referred to the Transportation Committee. S 1275 BY JUDICIARY AND RULES COMMITTEE SCR 113 was referred to the Local Government and Taxation AN ACT Committee. RELATING TO THE TRAFFIC SAFETY EDUCATION February 1, 2012 PROGRAM; AMENDING CHAPTER 8, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION The STATE AFFAIRS Committee reports out H 404 with 31-827, IDAHO CODE, TO PROVIDE THE BOARD OF the recommendation that it be referred to the Fourteenth Order COUNTY COMMISSIONERS IN EACH COUNTY WITH of Business for amendment. THE AUTHORITY TO ESTABLISH A TRAFFIC SAFETY MCKENZIE, Chairman EDUCATION PROGRAM, TO PROVIDE REQUIREMENTS FOR SUCH PROGRAM AND TO PROVIDE FOR THE There being no objection, H 404 was referred to the IMPOSITION AND DEPOSIT OF CERTAIN FEES; Fourteenth Order of Business, General Calendar. AMENDING CHAPTER 3, TITLE 50, IDAHO CODE, BY [February 2, 2012 SENATE JOURNAL 59

THE ADDITION OF A NEW SECTION 50-336, IDAHO IDAHO CODE, TO CLARIFY THAT A GUARDIAN MUST CODE, TO PROVIDE CITIES WITH THE AUTHORITY TO HAVE LEGAL AND PHYSICAL CUSTODY TO BE LIABLE ESTABLISH A TRAFFIC SAFETY EDUCATION PROGRAM, FOR FAILURE TO SUPERVISE A CHILD; AMENDING TO PROVIDE REQUIREMENTS FOR SUCH PROGRAM SECTION 33-1406, IDAHO CODE, TO REMOVE AND TO PROVIDE FOR THE IMPOSITION AND DEPOSIT REFERENCE TO A GUARDIAN; AMENDING SECTION OF CERTAIN FEES; AMENDING SECTION 19-5116, 39-2611, IDAHO CODE, TO REMOVE REFERENCE TO IDAHO CODE, TO PROVIDE CODE REFERENCES; AND GUARDIANS; AMENDING SECTION 39-7504, IDAHO AMENDING SECTION 1-1623, IDAHO CODE, TO PROVIDE CODE, TO REMOVE REFERENCE TO GUARDIANS; AND CODE REFERENCES AND TO MAKE TECHNICAL AMENDING SECTION 48-702, IDAHO CODE, TO REMOVE CORRECTIONS. REFERENCE TO A LEGAL GUARDIAN AND TO MAKE A TECHNICAL CORRECTION. S 1276 BY HEALTH AND WELFARE COMMITTEE S 1280 AN ACT BY HEALTH AND WELFARE COMMITTEE RELATING TO ADVERTISING AND PLACING AN ACT CHILDREN FOR ADOPTION WITHOUT A LICENSE; RELATING TO THE RESPIRATORY CARE PRACTICE ACT; AMENDING SECTION 18-1512A, IDAHO CODE, TO AMENDING SECTION 54-4313, IDAHO CODE, TO REVISE REVISE THE DEFINITION OF ADVERTISEMENT, THE LICENSURE BOARD MEMBER COMPENSATION TO CLARIFY WHAT CONSTITUTES A VIOLATION AND TO MAKE A TECHNICAL CORRECTION. FOR ADVERTISING OR PLACING CHILDREN FOR ADOPTION WITHOUT A LICENSE, TO PROVIDE S 1281 THAT ADVERTISING OR PLACING CHILDREN FOR BY HEALTH AND WELFARE COMMITTEE ADOPTION WITHOUT A LICENSE IS A MISDEMEANOR, AN ACT TO PROVIDE A CRIMINAL PENALTY, TO PROVIDE RELATING TO ADOPTION OF CHILDREN; AMENDING THAT ADVERTISEMENTS SHALL INCLUDE AN ISSUED CHAPTER 15, TITLE 16, IDAHO CODE, BY THE ADDITION LICENSE NUMBER, TO PROVIDE REQUIREMENTS OF A NEW SECTION 16-1516, IDAHO CODE, TO PROVIDE FOR ADVERTISEMENTS BY AN OUT-OF-STATE A METHOD FOR BIOLOGICAL PARENTS TO MAINTAIN ENTITY, TO EXCLUDE PRIVATE COMMUNICATIONS CONTACT WITH ADOPTEES, TO PROVIDE PROCEDURES BY INDIVIDUALS SEEKING TO ADOPT OR PLACE A FOR ENTERING INTO A CONTACT AGREEMENT AND CHILD FOR ADOPTION AND TO MAKE A TECHNICAL TO AUTHORIZE A COURT TO APPROVE, MODIFY AND CORRECTION. ENFORCE SUCH AN AGREEMENT.

S 1277 S 1282 BY HEALTH AND WELFARE COMMITTEE BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT AN ACT RELATING TO DIETITIANS; AMENDING SECTION RELATING TO FISH AND GAME; AMENDING SECTION 54-3504, IDAHO CODE, TO REVISE THE DIETETIC 36-104, IDAHO CODE, TO PROVIDE FOR RULEMAKING, LICENSURE BOARD MEMBER COMPENSATION. TO PROVIDE FOR SPECIAL INCENTIVE TAGS TO HUNT ANTELOPE, ELK OR DEER IN DESIGNATED UNITS TO S 1278 CERTAIN PRIVATE LANDOWNERS AND TO PROVIDE BY HEALTH AND WELFARE COMMITTEE FOR THE USE OR SALE OF SUCH TAGS; AND AMENDING AN ACT SECTION 36-405, IDAHO CODE, TO PROHIBIT SPECIFIED RELATING TO ATHLETIC TRAINERS; AMENDING CONDUCT UNLESS OTHERWISE PROVIDED BY LAW. SECTION 54-3914, IDAHO CODE, TO REVISE THE COMPENSATION FOR THE MEMBERS OF THE IDAHO S 1283 BOARD OF ATHLETIC TRAINERS. BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT S 1279 RELATING TO FISH AND GAME; AMENDING SECTION BY HEALTH AND WELFARE COMMITTEE 36-104, IDAHO CODE, TO PROVIDE THAT ANY AN ACT LANDOWNER ISSUED A LANDOWNER APPRECIATION RELATING TO LIABILITY OF LEGAL GUARDIANS PROGRAM CONTROLLED HUNT TAG MAY SELL FOR THEIR WARD; AMENDING SECTION 8-705, THE TAG TO ANOTHER PERSON; AND AMENDING IDAHO CODE, TO REMOVE REFERENCE TO A LEGAL SECTION 36-405, IDAHO CODE, TO PROHIBIT SPECIFIED GUARDIAN; AMENDING SECTION 16-1628, IDAHO CONDUCT UNLESS OTHERWISE PROVIDED BY LAW. CODE, TO REMOVE REFERENCE TO A GUARDIAN; AMENDING SECTION 18-6711A, IDAHO CODE, TO S 1275, S 1276, S 1277, S 1278, S 1279, S 1280, S 1281, REMOVE REFERENCE TO A LEGAL GUARDIAN; S 1282, and S 1283 were introduced, read the first time at length, AMENDING SECTION 18-8409, IDAHO CODE, TO and referred to the Judiciary and Rules Committee for printing. REMOVE REFERENCE TO A GUARDIAN; AMENDING SECTION 20-501, IDAHO CODE, TO REMOVE REFERENCE H 402 , by Judiciary, Rules, and Administration Committee, TO A LEGAL GUARDIAN; AMENDING SECTION 20-520, was introduced, read the first time at length, and referred to the IDAHO CODE, TO REMOVE REFERENCE TO A LEGAL Judiciary and Rules Committee. GUARDIAN; AMENDING SECTION 20-524, IDAHO CODE, H 412 , by Agricultural Affairs Committee, was introduced, TO REMOVE REFERENCE TO A LEGAL GUARDIAN read the first time at length, and referred to the Agricultural AND TO PROVIDE REFERENCE TO ANOTHER LEGALLY Affairs Committee. OBLIGATED PERSON; AMENDING SECTION 32-1301, 60 SENATE JOURNAL February 2, 2012]

H 417 , by Revenue and Taxation Committee, was S 1257 was read the third time at length, section by section, introduced, read the first time at length, and referred to the Local and placed before the Senate for final consideration. Senator Government and Taxation Committee. Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The Senate advanced to the Twelfth Order of Business.

Second Reading of Bills Roll call resulted as follows: S 1243 , by Transportation Committee, was read the second AYES–Andreason, Bair, Bilyeu, Bock, Brackett, time at length and filed for third reading. Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, H 357, H 363, H 364, and H 365 , by Revenue and Taxation Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Committee, were read the second time at length and filed for third McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, reading. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. The Senate advanced to the Thirteenth Order of Business. NAYS–None. Third Reading of Bills Absent and excused–Davis, Goedde. Total - 2.

On request by Senator Winder, granted by unanimous Total - 35. consent, S 1226 retained its place on the Third Reading Calendar Whereupon the President declared S 1257 passed, title was for one legislative day. approved, and the bill ordered transmitted to the House. S 1227 was read the third time at length, section by section, S 1258 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The Mortimer arose as sponsor of the bill and opened the debate. question being, "Shall the bill pass?" The question being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Fulcher disclosed a Roll call resulted as follows: possible conflict of interest under applicable law. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 33. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, NAYS–None. Toryanski, Vick, Werk, Winder. Total - 33. Absent and excused–Davis, Goedde. Total - 2. NAYS–None. Total - 35. Absent and excused–Davis, Goedde. Total - 2. Whereupon the President declared S 1258 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1227 passed, title was H 395 was read the third time at length, section by section, approved, and the bill ordered transmitted to the House. and placed before the Senate for final consideration. Senator Bair S 1228 was read the third time at length, section by section, arose as sponsor of the bill and opened the debate. The question and placed before the Senate for final consideration. Senator being, "Shall the bill pass?" Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Pursuant to Senate Rule 39(H), Senator Fulcher disclosed a AYES–Andreason, Bair, Bilyeu, Bock, Brackett, possible conflict of interest under applicable law. Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Roll call resulted as follows: McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Toryanski, Vick, Werk, Winder. Total - 33. Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, NAYS–None. McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Absent and excused–Davis, Goedde. Total - 2. Toryanski, Vick, Werk, Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President declared H 395 passed, title was Absent and excused–Davis, Goedde. Total - 2. approved, and the bill ordered returned to the House. Total - 35. S 1267 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1228 passed, title was Broadsword arose as sponsor of the bill and opened the debate. approved, and the bill ordered transmitted to the House. The question being, "Shall the bill pass?" [February 2, 2012 SENATE JOURNAL 61

Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Davis, Goedde. Total - 2. Absent and excused–Davis, Goedde. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1267 passed, title was Whereupon the President Pro Tempore declared approved, and the bill ordered transmitted to the House. S 1222 passed, title was approved, and the bill ordered transmitted to the House. S 1213 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1232 was read the third time at length, section by section, Nuxoll arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" LeFavour arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 33. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Davis, Goedde. Total - 2. Absent and excused–Davis, Goedde. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1213 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President Pro Tempore declared S 1232 passed, title was approved, and the bill ordered transmitted to the House. S 1219 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1233 was read the third time at length, section by section, Darrington arose as sponsor of the bill and opened the debate. and placed before the Senate for final consideration. Senator Vick The question being, "Shall the bill pass?" arose as sponsor of the bill and opened the debate. The question Roll call resulted as follows: being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 33. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, NAYS–None. Toryanski, Vick, Werk, Winder. Total - 33. Absent and excused–Davis, Goedde. Total - 2. NAYS–None. Total - 35. Absent and excused–Davis, Goedde. Total - 2. Whereupon the President declared S 1219 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President Pro Tempore declared S 1233 passed, title was approved, and the bill ordered S 1222 was read the third time at length, section by section, transmitted to the House. and placed before the Senate for final consideration. Acting Senator Malloy arose as sponsor of the bill and opened the Senator Goedde was recorded present at this order of debate. The question being, "Shall the bill pass?" business. President Little called President Pro Tempore Hill to the On request by Senator Winder, granted by unanimous Chair. consent, the Senate advanced to the Fifteenth Order of Business. 62 SENATE JOURNAL February 2, 2012]

Miscellaneous Business On motion by Senator Winder, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12 noon until the hour of 11:15 a.m., Friday, February 3, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [February 3, 2012 SENATE JOURNAL 63

SENATE JOURNAL February 2, 2012 The LOCAL GOVERNMENT AND TAXATION OF THE Committee reports out SCR 113 with the recommendation that IDAHO LEGISLATURE it do pass. CORDER, Chairman SECOND REGULAR SESSION SCR 113 was referred to the Tenth Order of Business, SIXTY-FIRST LEGISLATURE Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day.

February 2, 2012 TWENTY-SIXTH LEGISLATIVE DAY FRIDAY, FEBRUARY 3, 2012 The JUDICIARY AND RULES Committee reports that SJR 102 has been correctly enrolled. DARRINGTON, Chairman Senate Chamber The President Pro Tempore signed Enrolled SJR 102 and President Pro Tempore Hill called the Senate to order at ordered it transmitted to the House for the signature of the 11:15 a.m. Speaker.

February 2, 2012 Roll call showed all members present except Senators Davis and Heider, absent and formally excused by the Chair; and The TRANSPORTATION Committee reports it has had Senators Cameron and LeFavour, absent and excused. under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be Prayer was offered by Chaplain Keith Buhler. confirmed by the Senate: The Pledge of Allegiance was led by Tess Warzyn, Page. Colleen Marie Back to the Aeronautics Advisory Board, term The Senate advanced to the Third Order of Business. to expire January 31, 2012. HAMMOND, Chairman Reading and Correction of the Journal The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 2, 2012, was read and approved as corrected. February 2, 2012 DARRINGTON, Chairman The TRANSPORTATION Committee reports it has had under consideration the Gubernatorial appointment listed below There being no objection, the report was adopted and ordered and the Committee recommends that said appointment be filed in the office of the Secretary of the Senate. confirmed by the Senate: On request by Senator Winder, granted by unanimous Colleen Marie Back to the Aeronautics Advisory Board, term consent, the Senate advanced to the Sixth Order of Business. to expire January 31, 2017. HAMMOND, Chairman Reports of Standing Committees The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held Senator LeFavour was recorded present at this order of at the Secretary's desk for one legislative day. business.

February 2, 2012 Senator Cameron was recorded present at this order of business. The JUDICIARY AND RULES Committee reports that S 1275, S 1276, S 1277, S 1278, S 1279, S 1280, S 1281, S 1282, February 3, 2012 and S 1283 have been correctly printed. The STATE AFFAIRS Committee reports out S 1270 with DARRINGTON, Chairman the recommendation that it do pass. S 1275 was referred to the Judiciary and Rules Committee. MCKENZIE, Chairman S 1276, S 1277, S 1278, S 1279, S 1280, and S 1281 were S 1270 was filed for second reading. referred to the Health and Welfare Committee. S 1282 and S 1283 were referred to the Resources and On request by Senator Winder, granted by unanimous Environment Committee. consent, the Senate advanced to the Eighth Order of Business. 64 SENATE JOURNAL February 3, 2012]

Messages from the Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate. January 30, 2012 The Gubernatorial appointment was referred to the The Honorable Brad Little Resources and Environment Committee. President of the Senate Idaho Legislature February 1, 2012 Dear Mr. President: The Honorable Brad Little President of the Senate I have the honor to inform you that E. Robert (Bob) Mooney Idaho Legislature of Boise, Idaho, was appointed as a member of the Idaho Energy Resources Authority to serve a term commencing April 8, 2011, Dear Mr. President: and expiring June 30, 2015. I have the honor to inform you that Jerry Whitehead of Boise, This appointment was made subject to confirmation by the Idaho, was appointed to chair the Idaho Transportation Board to Senate. Notice of appointment is hereby given. serve a term commencing February 1, 2012, and continuing at the As Always - Idaho, Esto Perpetua pleasure of the Governor. /s/ C.L. "Butch" Otter This appointment was made subject to confirmation by the Governor Senate. Notice of appointment is hereby given. The correspondence was ordered filed in the office ofthe As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter The Gubernatorial appointment was referred to the State Governor Affairs Committee. The correspondence was ordered filed in the office ofthe February 1, 2012 Secretary of the Senate. The Honorable Brad Little The Gubernatorial appointment was referred to the President of the Senate Transportation Committee. Idaho Legislature February 2, 2012 Dear Mr. President: The Honorable Brad Little I have the honor to inform you that Sam Haws of Meridian, President of the Senate Idaho, was appointed Administrator of the Office on Aging to Idaho Legislature serve a term commencing July 11, 2011, and continuing at the pleasure of the Governor. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Dwight Horsch of Senate. Notice of appointment is hereby given. Pocatello, Idaho, was appointed as a member of the Idaho Transportation Board to serve a term commencing June 1, 2011, As Always - Idaho, Esto Perpetua and expiring January 31, 2017. /s/ C.L. "Butch" Otter Governor This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The correspondence was ordered filed in the office ofthe Secretary of the Senate. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Gubernatorial appointment was referred to the State Governor Affairs Committee. The correspondence was ordered filed in the office ofthe February 1, 2012 Secretary of the Senate. The Honorable Brad Little The Gubernatorial appointment was referred to the President of the Senate Transportation Committee. Idaho Legislature The Senate advanced to the Ninth Order of Business. Dear Mr. President:

I have the honor to inform you that Tom Schultz of Boise, Messages from the House Idaho, was appointed Director of the Department of Lands to serve a term commencing September 26, 2011, and continuing at the pleasure of the Governor. February 2, 2012 This appointment was made subject to confirmation by the Dear Mr. President: Senate. Notice of appointment is hereby given. I transmit herewith H 367, H 369, H 405, H 382, and H 384 , As Always - Idaho, Esto Perpetua which have passed the House. /s/ C.L. "Butch" Otter Governor ALEXANDER, Chief Clerk [February 3, 2012 SENATE JOURNAL 65

H 367, H 369, H 405, H 382, and H 384 were filed for first H 382 and H 384 , by Education Committee, were reading. introduced, read the first time at length, and referred to the Education Committee. February 2, 2012 The Senate advanced to the Twelfth Order of Business. Dear Mr. President:

I transmit herewith Enrolled H 360, H 361, and H 362 for Second Reading of Bills the signature of the President. ALEXANDER, Chief Clerk S 1253 , by Judiciary and Rules Committee, was read the The President Pro Tempore signed Enrolled H 360, H 361, second time at length and filed for third reading. and H 362 and ordered them returned to the House. S 1269 , by Education Committee, was read the second time On request by Senator Winder, granted by unanimous at length and filed for third reading. consent, the Senate advanced to the Eleventh Order of Business. The Senate advanced to the Thirteenth Order of Business.

Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Third Reading of Bills

S 1284 S 1226 was read the third time at length, section by section, BY TRANSPORTATION COMMITTEE and placed before the Senate for final consideration. Senator AN ACT Goedde arose as sponsor of the bill and opened the debate. The RELATING TO LIABILITY TO LAND OWNERS question being, "Shall the bill pass?" OFFERING MOTORCYCLE, MOTOR-DRIVEN CYCLE OR OFF-HIGHWAY VEHICLE INSTRUCTION CLASSES; Pursuant to Senate Rule 39(H), Senator Goedde disclosed a AMENDING TITLE 6, IDAHO CODE, BY THE ADDITION possible conflict of interest under applicable law. OF A NEW CHAPTER 30, TITLE 6, IDAHO CODE, TO DEFINE TERMS AND TO PROVIDE CONDITIONS Roll call resulted as follows: WHEN AN OWNER OF LAND WHERE MOTORCYCLE INSTRUCTION, MOTOR-DRIVEN CYCLE INSTRUCTION AYES–Andreason, Bair, Bilyeu, Bock, Brackett, OR OFF-HIGHWAY INSTRUCTION IS GIVEN TO A Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, STUDENT SHALL BE LIABLE FOR DAMAGES OR Hammond, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, INJURIES. McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, S 1285 Toryanski, Vick, Werk, Winder. Total - 33. BY STATE AFFAIRS COMMITTEE NAYS–None. AN ACT RELATING TO THE STATE LOTTERY COMMISSION; Absent and excused–Davis, Heider. Total - 2. AMENDING SECTION 67-7434, IDAHO CODE, TO REVISE HOW TRANSFERS OF LOTTERY DIVIDENDS ARE MADE. Total - 35.

S 1286 Whereupon the President Pro Tempore declared BY STATE AFFAIRS COMMITTEE S 1226 passed, title was approved, and the bill ordered AN ACT transmitted to the House. RELATING TO CHARITABLE BINGO AND RAFFLES; S 1243 was read the third time at length, section by section, AMENDING SECTION 67-7709, IDAHO CODE, TO REVISE and placed before the Senate for final consideration. Senator THE ALLOWED EXPENDITURE PERCENTAGES FOR Hammond arose as sponsor of the bill and opened the debate. CHARITABLE BINGO LICENSEES; AND AMENDING The question being, "Shall the bill pass?" SECTION 67-7710, IDAHO CODE, TO REVISE THE ALLOWED EXPENDITURE PERCENTAGE FOR Roll call resulted as follows: CHARITABLE RAFFLE LICENSEES. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1284, S 1285, and S 1286 were introduced, read the first Broadsword, Cameron, Darrington, Fulcher, Goedde, Hammond, time at length, and referred to the Judiciary and Rules Committee Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, for printing. McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. H 367 , by Transportation and Defense Committee, was Total - 31. introduced, read the first time at length, and referred to the Transportation Committee. NAYS–Corder, Malloy (McKague). Total - 2. H 369 , by Transportation and Defense Committee, was Absent and excused–Davis, Heider. Total - 2. introduced, read the first time at length, and referred to the State Affairs Committee. Total - 35. H 405 , by Health and Welfare Committee, was introduced, Whereupon the President Pro Tempore declared read the first time at length, and referred to the State Affairs S 1243 passed, title was approved, and the bill ordered Committee. transmitted to the House. 66 SENATE JOURNAL February 3, 2012]

H 357 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Hammond, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 32. NAYS–None. Absent and excused–Davis, Heider, Werk. Total - 3. Total - 35. Whereupon the President Pro Tempore declared H 357 passed, title was approved, and the bill ordered returned to the House. H 363 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Hammond, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 32. NAYS–None. Absent and excused–Davis, Heider, Werk. Total - 3. Total - 35. Whereupon the President Pro Tempore declared H 363 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:05 p.m. until the hour of 11 a.m., Monday, February 6, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary [February 6, 2012 SENATE JOURNAL 67

SENATE JOURNAL I have the honor to inform you that Jeffery Sayer of Idaho Falls, Idaho, was appointed Director of the Department of OF THE Commerce to serve a term commencing October 3, 2011, and continuing at the pleasure of the Governor. IDAHO LEGISLATURE This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor The correspondence was ordered filed in the office ofthe Secretary of the Senate. TWENTY-NINTH LEGISLATIVE DAY MONDAY, FEBRUARY 6, 2012 The Gubernatorial appointment was referred to the Commerce and Human Resources Committee.

Senate Chamber The Senate advanced to the Ninth Order of Business. President Little called the Senate to order at 11 a.m. Messages from the House February 3, 2012

Roll call showed all members present except Senators Dear Mr. President: Hammond and Siddoway, absent and formally excused by the I transmit herewith Enrolled H 356 for the signature of the Chair. President. Prayer was offered by Chaplain Keith Buhler. ALEXANDER, Chief Clerk The Pledge of Allegiance was led by Alexander Wright, The President signed Enrolled H 356 and ordered it returned Page. to the House. The Senate advanced to the Third Order of Business. The Senate advanced to the Tenth Order of Business. Reading and Correction of the Journal Motions and Resolutions The JUDICIARY AND RULES Committee reports that the The President announced that SCR 113 was before the Senate Journal of the proceedings of February 3, 2012, was read Senate for final consideration, the question being, "Shall the and approved as corrected. resolution be adopted?" DARRINGTON, Chairman On motion by Senator Corder, seconded by Senator Johnson, There being no objection, the report was adopted and ordered SCR 113 was adopted by voice vote, title was approved, and the filed in the office of the Secretary of the Senate. resolution ordered transmitted to the House. On request by Senator Winder, granted by unanimous The President announced that the Transportation Committee consent, the Senate advanced to the Sixth Order of Business. reports relative to the Gubernatorial appointments of Colleen Marie Back were before the Senate for final consideration, the Reports of Standing Committees question being, "Shall the reports be adopted?" February 6, 2012 On motion by Senator Bilyeu, seconded by Senator Tippets, the Gubernatorial appointments of Colleen Marie Back as a The JUDICIARY AND RULES Committee reports that member of the Aeronautics Advisory Board were confirmed by S 1284, S 1285, and S 1286 have been correctly printed. voice vote. DARRINGTON, Chairman The President declared the reports adopted and directed the S 1284 was referred to the Transportation Committee. Secretary of the Senate to prepare a letter of the Gubernatorial appointments confirmation for his signature, attested to bythe S 1285 and S 1286 were referred to the State Affairs Secretary, to be transmitted to the Governor informing him of the Committee. action of the Senate. On request by Senator Davis, granted by unanimous consent, The Senate advanced to the Eleventh Order of Business. the Senate advanced to the Eighth Order of Business. Introduction, First Reading, and Reference of Bills, Messages from the Governor House Petitions, Resolutions, and Memorials

February 3, 2012 S 1287 The Honorable Brad Little BY RESOURCES AND ENVIRONMENT COMMITTEE President of the Senate AN ACT Idaho Legislature RELATING TO CITY IRRIGATION SYSTEMS; AMENDING SECTION 50-1801, IDAHO CODE, TO AUTHORIZE CITIES Dear Mr. President: TO ESTABLISH OR EXTEND A CITY IRRIGATION 68 SENATE JOURNAL February 6, 2012]

SYSTEM IN THE WHOLE OR PART OF AN AREA OF Second Reading of Bills CITY IMPACT PROVIDED AN ORDINANCE HAS BEEN ADOPTED TO PROVIDE FOR THE ESTABLISHMENT OR EXTENSION OF A CITY IRRIGATION SYSTEM INTO S 1270 , by State Affairs Committee, was read the second THE CITY IMPACT AREA AND TO MAKE TECHNICAL time at length and filed for third reading. CORRECTIONS. The Senate advanced to the Thirteenth Order of Business. S 1288 BY RESOURCES AND ENVIRONMENT COMMITTEE Third Reading of Bills AN ACT RELATING TO FLOOD PROTECTION; AMENDING SECTION 46-1021, IDAHO CODE, TO REVISE S 1253 was read the third time at length, section by section, DEFINITIONS AND TO MAKE A TECHNICAL and placed before the Senate for final consideration. Senator CORRECTION; AMENDING SECTION 46-1022, IDAHO Davis arose as sponsor of the bill and opened the debate. The CODE, TO PROVIDE THAT FLOODPLAIN ZONING question being, "Shall the bill pass?" ORDINANCES SHALL NOT REGULATE CERTAIN CHANGES TO IMPROVED OR UNIMPROVED REAL Roll call resulted as follows: ESTATE WITHIN THE RIGHT-OF-WAY FOR ANY DITCH, LATERAL, DRAIN, DIVERSION STRUCTURE, PIPELINE, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, HYDROPOWER FACILITY OR OTHER IRRIGATION Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, OR DRAINAGE WORKS THAT ARE PERFORMED OR Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AUTHORIZED BY THE OWNER FOR WATER DELIVERY, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, DRAINAGE OR HYDROPOWER PURPOSES; AND Nuxoll, Pearce, Schmidt, Smyser, Stennett, Tippets, Toryanski, DECLARING AN EMERGENCY. Vick, Werk, Winder. Total - 33. NAYS–None. S 1289 BY RESOURCES AND ENVIRONMENT COMMITTEE Absent and excused–Hammond, Siddoway. Total - 2. AN ACT Total - 35. RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-1106, IDAHO CODE, TO REVISE PROVISIONS Whereupon the President declared S 1253 passed, title was RELATING TO APPEAL PROCEDURES; AND AMENDING approved, and the bill ordered transmitted to the House. SECTION 43-1118, IDAHO CODE, TO REVISE PROVISIONS RELATING TO APPEAL PROCEDURES. S 1269 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bock S 1290 arose as sponsor of the bill and opened the debate. The question BY RESOURCES AND ENVIRONMENT COMMITTEE being, "Shall the bill pass?" AN ACT RELATING TO DRAINAGE DISTRICTS; AMENDING President Little called President Pro Tempore Hill to the SECTION 42-2914, IDAHO CODE, TO PROVIDE Chair. FOR REAPPORTIONMENT OF CERTAIN BENEFITS, TO PROVIDE FOR PETITIONS, TO PROVIDE FOR ORDERS RELATING TO HEARINGS, TO PROVIDE Roll call resulted as follows: FOR PUBLICATION OF ORDERS, TO PROVIDE FOR OBJECTIONS AND TO PROVIDE FOR ORDERS RELATING AYES–Andreason, Bair, Bilyeu, Bock, Brackett, TO REAPPORTIONMENT; AMENDING SECTION 42-2961, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, IDAHO CODE, TO REVISE PROVISIONS RELATING TO Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, THE APPORTIONMENT OF ESTIMATES OF THE COST OF Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, MAINTENANCE OF DRAINAGE DISTRICTS' DRAINAGE Nuxoll, Pearce, Schmidt, Smyser, Stennett, Tippets, Toryanski, SYSTEMS AND TO MAKE TECHNICAL CORRECTIONS; Vick, Werk, Winder. Total - 33. AND AMENDING SECTION 42-2962, IDAHO CODE, TO PROVIDE A CODE REFERENCE RELATING TO THE NAYS–None. APPORTIONMENT OF CERTAIN ASSESSMENTS AND TO Absent and excused–Hammond, Siddoway. Total - 2. MAKE A TECHNICAL CORRECTION. Total - 35. S 1287, S 1288, S 1289, and S 1290 were introduced, read Whereupon the President Pro Tempore declared the first time at length, and referred to the Judiciary and Rules S 1269 passed, title was approved, and the bill ordered Committee for printing. transmitted to the House.

The Senate advanced to the Twelfth Order of Business. H 364 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McGee arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" [February 6, 2012 SENATE JOURNAL 69

Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. Absent and excused–Hammond, Siddoway. Total - 2. Total - 35. Whereupon the President Pro Tempore declared H 364 passed, title was approved, and the bill ordered returned to the House.

On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:45 a.m. until the hour of 11 a.m., Tuesday, February 7, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 70 SENATE JOURNAL February 7, 2012]

SENATE JOURNAL February 6, 2012 OF THE The JUDICIARY AND RULES Committee reports out S 1215 with the recommendation that it be referred to the IDAHO LEGISLATURE Fourteenth Order of Business for amendment. DARRINGTON, Chairman SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE There being no objection, S 1215 was referred to the Fourteenth Order of Business, General Calendar. February 6, 2012 The EDUCATION Committee reports out H 382 and THIRTIETH LEGISLATIVE DAY H 384 with the recommendation that they do pass. TUESDAY, FEBRUARY 7, 2012 GOEDDE, Chairman H 382 and H 384 were filed for second reading. Senate Chamber February 7, 2012 President Little called the Senate to order at 11 a.m. The HEALTH AND WELFARE Committee reports out S 1255 with the recommendation that it do pass. Roll call showed all members present except Senator LODGE, Chairman McKenzie, absent and excused. S 1255 was filed for second reading. Prayer was offered by Chaplain Keith Buhler. The Pledge of Allegiance was led by Ben Adams, Page. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The Senate advanced to the Third Order of Business. Messages from the House Reading and Correction of the Journal February 6, 2012 The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 6, 2012, was read Dear Mr. President: and approved as corrected. I transmit herewith HJM 7, H 371, HCR 31, H 383, H 385, DARRINGTON, Chairman H 374, H 375, H 437, and H 438 , which have passed the House. There being no objection, the report was adopted and ordered ALEXANDER, Chief Clerk filed in the office of the Secretary of the Senate. HJM 7, H 371, HCR 31, H 383, H 385, H 374, H 375, On request by Senator Davis, granted by unanimous consent, H 437, and H 438 were filed for first reading. the Senate advanced to the Sixth Order of Business. February 6, 2012

Reports of Standing Committees Dear Mr. President: I transmit herewith Enrolled H 395 for the signature of the February 7, 2012 President. The JUDICIARY AND RULES Committee reports that ALEXANDER, Chief Clerk S 1287, S 1288, S 1289, and S 1290 have been correctly printed. The President signed Enrolled H 395 and ordered it returned DARRINGTON, Chairman to the House. S 1287, S 1288, S 1289, and S 1290 were referred to the February 6, 2012 Resources and Environment Committee. Dear Mr. President: Senator McKenzie was recorded present at this order of business. I return herewith Enrolled SJR 102 , which has been signed by the Speaker. February 6, 2012 ALEXANDER, Chief Clerk The JUDICIARY AND RULES Committee reports out S 1265 and S 1266 with the recommendation that they do pass. Enrolled SJR 102 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. DARRINGTON, Chairman On request by Senator Davis, granted by unanimous consent, S 1265 and S 1266 were filed for second reading. the Senate advanced to the Eleventh Order of Business. [February 7, 2012 SENATE JOURNAL 71

Introduction, First Reading, and Reference of Bills, 39-4506, IDAHO CODE, TO REVISE TERMINOLOGY House Petitions, Resolutions, and Memorials AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-4508, IDAHO CODE, TO REVISE S 1291 PROVISIONS RELATING TO RESPONSIBILITY FOR BY RESOURCES AND ENVIRONMENT COMMITTEE CONSENT AND DOCUMENTATION AND TO REVISE AN ACT TERMINOLOGY; AMENDING SECTION 39-4509, IDAHO RELATING TO RANGELANDS; AMENDING CHAPTER CODE, TO REVISE TERMINOLOGY AND TO REVISE 7, TITLE 38, IDAHO CODE, BY THE ADDITION OF A A DEFINITION; AMENDING SECTION 39-4510, IDAHO NEW SECTION 38-715, IDAHO CODE, TO PROVIDE CODE, TO PROVIDE FOR ADVANCED PRACTICE FOR THE CREATION OF THE RANGELAND CENTER IN PROFESSIONAL NURSES AND PHYSICIAN ASSISTANTS THE UNIVERSITY OF IDAHO, TO PROVIDE FOR THE IN INCORPORATION OF A LIVING WILL AND TO DIRECTOR OF THE RANGELAND CENTER, TO PROVIDE MAKE A TECHNICAL CORRECTION; AMENDING DUTIES AND TO PROVIDE FOR CONTROL BY THE SECTION 39-4511, IDAHO CODE, TO REDESIGNATE STATE BOARD OF REGENTS THROUGH THE DEANS THE SECTION, TO REVISE PROVISIONS RELATING TO OF THE COLLEGES OF NATURAL RESOURCES AND DOCUMENTS THAT CAN REVOKE A LIVING WILL AND AGRICULTURAL AND LIFE SCIENCES, TO PROVIDE TO REVISE TERMINOLOGY; AMENDING CHAPTER FOR POWERS AND DUTIES OF THE RANGELAND 45, TITLE 39, IDAHO CODE, BY THE ADDITION CENTER AND TO PROVIDE FOR A PARTNER ADVISORY OF A NEW SECTION 39-4511B, IDAHO CODE, TO COUNCIL; AMENDING CHAPTER 7, TITLE 38, IDAHO PROVIDE FOR SUSPENSION AND RESUMPTION OF CODE, BY THE ADDITION OF A NEW SECTION 38-716, A LIVING WILL; AMENDING SECTION 39-4512A, IDAHO CODE, TO PROVIDE FOR THE RANGELAND IDAHO CODE, TO REVISE PROVISIONS RELATING CENTER ACT; AND PROVIDING SEVERABILITY. TO WHO CAN SIGN AND REVIEW A PHYSICIAN ORDER FOR SCOPE OF TREATMENT FORM, TO REVISE S 1292 PROVISIONS RELATING TO WHEN A PHYSICIAN BY JUDICIARY AND RULES COMMITTEE ORDER FOR SCOPE OF TREATMENT SHALL BE AN ACT EFFECTIVE, TO REVISE PROVISIONS RELATING TO RELATING TO EXECUTION; AMENDING CHAPTER 27, WHO MAY WEAR A PHYSICIAN ORDER FOR SCOPE TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW OF TREATMENT IDENTIFICATION DEVICE, TO REVISE SECTION 19-2716A, IDAHO CODE, TO PROVIDE THAT TERMINOLOGY AND TO PROVIDE A CORRECT CODE THE INFLICTION OF THE PUNISHMENT OF DEATH REFERENCE; AMENDING SECTION 39-4512B, IDAHO SHALL NOT BE CONSTRUED AS THE PRACTICE OF CODE, TO PROVIDE CODE REFERENCES, TO REVISE MEDICINE, TO PROVIDE CERTAIN EXEMPTIONS AND TERMINOLOGY AND TO PROVIDE FOR A DO NOT TO PROVIDE THAT CERTAIN PERSONS AND ENTITIES RESUSCITATE ORDER IN CONJUNCTION WITH THE SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL PROVISIONS OF THIS CHAPTER; AMENDING SECTION LIABILITY FOR THE DEATH OF THE CONDEMNED 39-4513, IDAHO CODE, TO PROVIDE FOR A DO NOT PERSON; AND DECLARING AN EMERGENCY AND RESUSCITATE ORDER OR PHYSICIAN ORDER FOR PROVIDING RETROACTIVE APPLICATION. SCOPE OF TREATMENT IDENTIFICATION DEVICE IN IMMUNITY FROM LIABILITY AND TO REVISE S 1293 TERMINOLOGY; AMENDING SECTION 39-4514, IDAHO BY HEALTH AND WELFARE COMMITTEE CODE, TO PROVIDE CORRECT CODE REFERENCES, AN ACT TO REVISE PROVISIONS RELATING TO PRESUMED RELATING TO FEDERAL FOOD STAMPS; AMENDING CONSENT TO RESUSCITATION AND EXISTING SECTION 56-227D, IDAHO CODE, TO REVISE THE DIRECTIVES AND TO REVISE TERMINOLOGY; AND FELONY THRESHOLD FOR TRAFFICKING FOOD AMENDING SECTION 66-405, IDAHO CODE, TO PROVIDE STAMPS. A CORRECT CODE REFERENCE.

S 1294 S 1295 BY HEALTH AND WELFARE COMMITTEE BY HEALTH AND WELFARE COMMITTEE AN ACT AN ACT RELATING TO THE MEDICAL CONSENT AND NATURAL RELATING TO REGULATION AND LICENSURE OF DEATH ACT; AMENDING SECTION 39-4501, IDAHO MASSAGE THERAPISTS; AMENDING TITLE 54, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PEOPLE CODE, BY THE ADDITION OF A NEW CHAPTER 40, WITH MENTAL ILLNESS OR DEVELOPMENTAL TITLE 54, IDAHO CODE, TO PROVIDE PURPOSE, DISABILITY AND TO REVISE TERMINOLOGY; TO DEFINE TERMS, TO PROVIDE EXEMPTIONS, TO AMENDING SECTION 39-4502, IDAHO CODE, TO PROVIDE PROHIBITIONS, TO REQUIRE LICENSURE, REVISE DEFINITIONS AND TO MAKE A TECHNICAL TO ESTABLISH THE BOARD OF MASSAGE THERAPY CORRECTION; AMENDING SECTION 39-4503, IDAHO AND TO PROVIDE FOR MEMBERSHIP, TO PROVIDE CODE, TO REVISE PROVISIONS RELATING TO POWERS AND DUTIES OF THE BOARD, TO PROVIDE PEOPLE WHO MAY CONSENT TO THEIR OWN FEES, TO PROVIDE REQUIREMENTS FOR ISSUANCE CARE AND TO MAKE A TECHNICAL CORRECTION; OF A LICENSE, TO PROVIDE FOR ENDORSEMENT AMENDING SECTION 39-4504, IDAHO CODE, TO LICENSURE, TO PROVIDE FOR LICENSE RENEWAL, REVISE PROVISIONS RELATING TO PEOPLE WHO MAY TO PROVIDE FOR LICENSING OF EXISTING MASSAGE GIVE CONSENT TO CARE FOR OTHERS, TO PROVIDE PRACTITIONERS, TO PROVIDE FOR DISCIPLINARY FOR LIMITS ON AUTHORITY FOR A SURROGATE ACTION, TO PROVIDE FOR ENFORCEMENT AND DECISION MAKER AND TO REVISE WHO CAN BE A PENALTIES AND TO PROVIDE FOR PREEMPTION OF SURROGATE DECISION MAKER; AMENDING SECTION 72 SENATE JOURNAL February 7, 2012]

LOCAL REGULATION; AND PROVIDING EFFECTIVE Roll call resulted as follows: DATES. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1291, S 1292, S 1293, S 1294, and S 1295 were introduced, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, read the first time at length, and referred to the Judiciary and Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, Rules Committee for printing. Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. HJM 7 , by State Affairs Committee, was introduced, read at length, and referred to the State Affairs Committee. NAYS–None. Absent and excused–LeFavour. Total - 1. H 371 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. Total - 35. Whereupon the President declared S 1270 passed, title was HCR 31 , by Business Committee, was introduced, read approved, and the bill ordered transmitted to the House. at length, and referred to the Commerce and Human Resources Committee. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. H 383 and H 385 , by Education Committee, were introduced, read the first time at length, and referred to the Education Committee. Miscellaneous Business On motion by Senator Winder, seconded by H 374 and H 375 , by Business Committee, were introduced, Senator Malepeai, by voice vote, the Senate adjourned at read the first time at length, and referred to the Commerce and 11:50 a.m. until the hour of 11 a.m., Wednesday, February 8, Human Resources Committee. 2012. H 437 and H 438 , by Revenue and Taxation Committee, BRAD LITTLE, President were introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Attest: JENNIFER NOVAK, Secretary

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

Third Reading of Bills

H 365 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?"

S 1270 was read the third time at length, section by section, and placed before the Senate for final consideration. President Pro Tempore Hill arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" [February 8, 2012 SENATE JOURNAL 73

SENATE JOURNAL Section 659, Subsections 01.b and 02, Section 706, Subsections 04 and 05, and Section 736, Subsections 09 and 10, only, adopted OF THE as pending rules under Docket Number 16-0310-1104, be, and the same are hereby rejected and declared null, void and of no IDAHO LEGISLATURE force and effect. SCR 115 SECOND REGULAR SESSION BY HEALTH AND WELFARE COMMITTEE SIXTY-FIRST LEGISLATURE A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE BUREAU OF OCCUPATIONAL LICENSES RELATING TO RULES OF THE BOARD OF DRINKING WATER AND WASTEWATER THIRTY-FIRST LEGISLATIVE DAY PROFESSIONALS. WEDNESDAY, FEBRUARY 8, 2012 Be It Resolved by the Legislature of the State of Idaho:

Senate Chamber WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, President Little called the Senate to order at 11 a.m. Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a certain Roll call showed all members present. rule of the Bureau of Occupational Licenses relating to Rules of the Board of Drinking Water and Wastewater Professionals is not Prayer was offered by Chaplain Keith Buhler. consistent with legislative intent and should be rejected. The Pledge of Allegiance was led by Chase Bower, Page. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, The Senate advanced to the Third Order of Business. the Senate and the House of Representatives concurring therein, that IDAPA 24.05.01, Bureau of Occupational Licenses, Rules Reading and Correction of the Journal of the Board of Drinking Water and Wastewater Professionals, The JUDICIARY AND RULES Committee reports that the Section 375, Subsection 02.c, only, adopted as a pending rule Senate Journal of the proceedings of February 7, 2012, was read under Docket Number 24-0501-1101, be, and the same is hereby and approved as corrected. rejected and declared null, void and of no force and effect. DARRINGTON, Chairman SCR 116 BY STATE AFFAIRS COMMITTEE There being no objection, the report was adopted and ordered A CONCURRENT RESOLUTION filed in the office of the Secretary of the Senate. STATING FINDINGS OF THE LEGISLATURE AND On request by Senator Davis, granted by unanimous consent, AUTHORIZING THE LEGISLATIVE COUNCIL TO the Senate advanced to the Fifth Order of Business. APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF THE FEASIBILITY AND Petitions, Resolutions, and Memorials MEANS NECESSARY OF WHAT WOULD BE NEEDED FOR THE STATE OF IDAHO TO OBTAIN PRIMACY SCR 114 OVER REGULATION OF WASTEWATER DISCHARGES TO BY HEALTH AND WELFARE COMMITTEE SURFACE WATER. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND Be It Resolved by the Legislature of the State of Idaho: REJECTING CERTAIN RULES OF THE DEPARTMENT OF HEALTH AND WELFARE RELATING TO MEDICAID WHEREAS, government that is the closest to the people is ENHANCED PLAN BENEFITS. the best and most responsive government; and WHEREAS, it would be beneficial for the Department Be It Resolved by the Legislature of the State of Idaho: of Environmental Quality to have primacy over regulation of wastewater discharges to surface water under the National WHEREAS, the Legislature is vested with authority to reject Pollutant Discharge Elimination System (NPDES) program; and executive agency rules under the provisions of Section 67-5291, WHEREAS, entities seeking or complying with a NPDES Idaho Code, in the event that the Legislature finds that the rules permit are subject to distant interaction and must get decision are not consistent with legislative intent; and making by the U.S. Environmental Protection Agency regarding WHEREAS, it is the finding of the Legislature that certain issues with wastewater treatment and disposal; and rules of the Department of Health and Welfare relating to WHEREAS, it would be a great benefit to municipalities, Medicaid Enhanced Plan Benefits are not consistent with industry and society to determine the costs and feasibility of the legislative intent and should be rejected. NPDES program as well as the authority that would be given to NOW, THEREFORE, BE IT RESOLVED by the members of the state of Idaho by the U.S. Environmental Protection Agency the Second Regular Session of the Sixty-first Idaho Legislature, to operate the program. the Senate and the House of Representatives concurring therein, NOW, THEREFORE, BE IT RESOLVED by the members of that IDAPA 16.03.10, Department of Health and Welfare, Rules the Second Regular Session of the Sixty-first Idaho Legislature, Governing Medicaid Enhanced Plan Benefits, Section 119, the Senate and the House of Representatives concurring Subsections 02.b and 03, Section 140, Subsections 08.b and 09, therein, that the Legislative Council is authorized to appoint a 74 SENATE JOURNAL February 8, 2012] committee to undertake and complete a study of the resources February 7, 2012 necessary and any change in statutes or rules to obtain primacy over the regulation of wastewater NPDES program. The The HEALTH AND WELFARE Committee reports it has Legislative Council shall determine the number of legislators had under consideration the Gubernatorial appointment listed and membership from each house appointed to the committee below and the Committee recommends that said appointment be and shall authorize the committee to receive input, advice and confirmed by the Senate: assistance from interested and affected parties who are not members of the Legislature. The Director of the Department Michael D. Gibson to the Commission for the Blind and of Environmental Quality is requested to assist the interim Visually Impaired, term to expire July 1, 2014. committee in providing information regarding the cost of such LODGE, Chairman an endeavor, necessary funding sources and necessary statutory or rule changes that need to occur. The Gubernatorial appointment was referred to the Tenth BE IT FURTHER RESOLVED that nonlegislative members Order of Business, Motions and Resolutions, and ordered held of the committee may be appointed by the cochairs of the at the Secretary's desk for one legislative day. committee who are appointed by the Legislative Council. Nonlegislative members of the advisory committee shall not On request by Senator Davis, granted by unanimous consent, be reimbursed from legislative funds for per diem, mileage or the Senate advanced to the Ninth Order of Business. other expenses and shall not have voting privileges regarding the committee's recommendations or proposed legislation. BE IT FURTHER RESOLVED that the committee shall Messages from the House report its findings, recommendations and proposed legislation, if any, to the First Regular Session of the Sixty-second Idaho Legislature. February 7, 2012 SCR 114, SCR 115, and SCR 116 were introduced, read at Dear Mr. President: length, and referred to the Judiciary and Rules Committee for I transmit herewith H 394 , which has passed the House. printing. ALEXANDER, Chief Clerk The Senate advanced to the Sixth Order of Business. H 394 was filed for first reading. February 7, 2012 Reports of Standing Committees Dear Mr. President: February 8, 2012 I return herewith S 1223, S 1257, S 1258, and S 1267 , which have passed the House. The JUDICIARY AND RULES Committee reports that S 1291, S 1292, S 1293, S 1294, and S 1295 have been correctly ALEXANDER, Chief Clerk printed. S 1223, S 1257, S 1258, and S 1267 were referred to the DARRINGTON, Chairman Judiciary and Rules Committee for enrolling. S 1291 was referred to the Resources and Environment February 7, 2012 Committee. Dear Mr. President: S 1292 was referred to the Judiciary and Rules Committee. I transmit herewith Enrolled H 357 and H 363 for the S 1293, S 1294, and S 1295 were referred to the Health and signature of the President. Welfare Committee. ALEXANDER, Chief Clerk February 7, 2012 The President signed Enrolled H 357 and H 363 and ordered The AGRICULTURAL AFFAIRS Committee reports out them returned to the House. S 1236 and S 1259 with the recommendation that they do pass. On request by Senator Davis, granted by unanimous consent, SIDDOWAY, Chairman the Senate advanced to the Eleventh Order of Business. S 1236 and S 1259 were filed for second reading. Introduction, First Reading, and Reference of Bills, February 7, 2012 House Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports that Enrolled SJR 102 was delivered to the Office of the Secretary of State at 1:50 p.m., February 7, 2012. S 1296 BY AGRICULTURAL AFFAIRS COMMITTEE DARRINGTON, Chairman AN ACT RELATING TO LIVESTOCK PROCEEDS; AMENDING The report was ordered filed in the office of the Secretary of SECTION 25-1174, IDAHO CODE, TO PROVIDE THAT the Senate. CERTAIN MONEYS THAT ESCHEAT TO THE STATE [February 8, 2012 SENATE JOURNAL 75

SHALL BE DEPOSITED INTO THE STATE BOARD OF Following the adjournment of the Committee of the Whole, EDUCATION'S MISCELLANEOUS REVENUE FUND FOR the President called the Senate to order. APPROPRIATION TO CERTAIN PUBLIC EDUCATION AND/OR HIGHER EDUCATION PROGRAMS AS DIRECTED Report of the Committee of the Whole BY THE IDAHO CATTLE FOUNDATION, INC., AND TO PROVIDE A DATE BY WHICH SUCH DIRECTION SHALL Senator Winder, Chairman of the Committee of the Whole, BE GIVEN. reported out H 404 and H 358 , without recommendation, amended as follows: S 1297 BY EDUCATION COMMITTEE AN ACT RELATING TO EDUCATION; AMENDING SECTION SENATE AMENDMENT TO H 404 33-517, IDAHO CODE, TO REVISE PROVISIONS AMENDMENT TO THE BILL RELATING TO POWERS AND DUTIES OF SCHOOL On page 1 of the printed bill, delete lines 9 through 41; and DISTRICTS, TO REVISE PROVISIONS RELATING TO on page 2, delete lines 1 through 8, and insert: CERTAIN GRIEVANCE PROCEDURES RELATING TO NONCERTIFICATED PERSONNEL AND TO MAKE A "SECTION 1. LEGISLATIVE INTENT. Whereas, the TECHNICAL CORRECTION. Capitol Building and the Capitol Mall, as well as other state-owned and leased grounds and facilities, function as the S 1298 vibrant core of Idaho State Government for Idaho citizens and, BY STATE AFFAIRS COMMITTEE as such, require unobstructed grounds and convenient access AN ACT to ensure the health and safety of all citizens including touring RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; visitors and school children; and, whereas, the state should AMENDING SECTION 8-507C, IDAHO CODE, TO always strive to maintain the highest aesthetic standards for MAKE CODIFIER'S CORRECTIONS AND TO MAKE the grounds of the Capitol Mall, as well as other state-owned A TECHNICAL CORRECTION; AMENDING SECTION and leased grounds and facilities; and, whereas, the Capitol 36-1401, IDAHO CODE, TO PROVIDE A CORRECT CODE Mall and other state-owned and leased grounds and facilities REFERENCE; AMENDING SECTION 39-302, IDAHO CODE, should have consistent public use guidelines where appropriate TO REMOVE REFERENCE TO ARCHAIC LANGUAGE; with the local government; the Legislature now finds that it AMENDING SECTION 39-303A, IDAHO CODE, TO is in the best interest of the public health and safety of Idaho REMOVE REFERENCE TO ARCHAIC LANGUAGE AND citizens to regulate the use of the grounds of the Capitol Mall TO MAKE A TECHNICAL CORRECTION; AMENDING and other state-owned and leased grounds and facilities in order SECTION 39-304, IDAHO CODE, TO REMOVE REFERENCE to prevent the unauthorized use of these grounds and facilities as TO ARCHAIC LANGUAGE; AMENDING SECTION a temporary or permanent place for camping, lodging or living 41-1941, IDAHO CODE, TO MAKE A TECHNICAL accommodations. CORRECTION; AMENDING SECTIONS 56-234, 56-234A, 56-235A, 56-235B AND 56-235C, IDAHO CODE, TO MAKE CODIFIER'S CORRECTIONS; AMENDING SECTION SECTION 2. That Chapter 16, Title 67, Idaho Code, be, and 56-264, IDAHO CODE, TO PROVIDE A CORRECT CODE the same is hereby amended by the addition thereto of a NEW REFERENCE; AMENDING SECTION 57-813, IDAHO CODE, SECTION, to be known and designated as Section 67-1613, TO INCREASE THE AMOUNT OF COUNTY DEDUCTIBLE; Idaho Code, and to read as follows: AND AMENDING SECTION 67-821, IDAHO CODE, TO REMOVE REFERENCE TO ARCHAIC LANGUAGE. 67-1613. CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES – CAMPING S 1296, S 1297, and S 1298 were introduced, read the first PROHIBITED. No person shall camp on or in any state-owned time at length, and referred to the Judiciary and Rules Committee or leased property or facility including, but not limited to, the for printing. capitol mall, except those that are designated as a recreational camping ground, area or facility. The provisions of this section H 394 , by Education Committee, was introduced, read the shall not apply or affect policies, rules, statutes or leases on first time at length, and referred to the Education Committee. endowment lands, department of parks and recreation lands or department of fish and game lands. For the purposes of The Senate advanced to the Twelfth Order of Business. this section, the term "camp" or "camping" means to use as a Second Reading of Bills temporary or permanent place of dwelling, lodging or living accommodation, and which indicia of camping may include, but S 1265, S 1266, H 382, H 384, and S 1255 , by Health and are not limited to, storing personal belongings, using tents or Welfare Committee, were read the second time at length and filed other temporary structures for storing personal belongings or for third reading. for sleeping, carrying on cooking activities, laying out bedding or making any fire. Any person who violates the provisions On request by Senator Davis, granted by unanimous consent, of this section shall be guilty of an infraction. Such persons the Senate advanced to the Fourteenth Order of Business. shall be required to remove all their personal property from the state-owned or leased property. General Calendar SECTION 3. That Chapter 16, Title 67, Idaho Code, be, and The President declared the Senate resolved into the the same is hereby amended by the addition thereto of a NEW Committee of the Whole and called Senator Winder to the Chair SECTION, to be known and designated as Section 67-1613A, to preside during the sitting of the Committee of the Whole. Idaho Code, and to read as follows: 76 SENATE JOURNAL February 8, 2012]

67-1613A. DISPOSITION OF PROPERTY. Any H 404, as amended in the Senate, and H 358, as amended property remaining after issuance of a citation or any property in the Senate, were filed for first reading as amended, andthe left unattended shall be held by the agency or its agent removing amendments thereto were referred to the Judiciary and Rules the property in a secure location for a period of not less than Committee for printing. ninety (90) days. Notice shall be posted and remain at the nearest reasonable location to the place of removal with the agency's The Senate advanced to the Fifteenth Order of Business. or agent's contact information for the ninety (90) day period. If property is not claimed within the ninety (90) day period, the Miscellaneous Business property shall be deemed abandoned and the agency shall have On motion by Senator Davis, seconded by Senator Stennett, the right to dispose of the property. A reasonable storage fee as by voice vote, the Senate adjourned at 12:15 p.m. until the hour determined by the agency may be assessed at the time an owner of 11 a.m., Thursday, February 9, 2012. claims the property. The individual claiming the property shall produce identification and shall sign a release form providing BRAD LITTLE, President his or her name and contact information and swearing that the property belongs to the claiming party. If the provisions of Attest: JENNIFER NOVAK, Secretary this section are complied with, the state of Idaho, its agents, employees and contractors shall be immune from legal liability for the administration of this section.

SECTION 4. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

SECTION 5. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.". CORRECTION TO TITLE On page 1, delete lines 2 through 7, and insert: "RELATING TO THE CAPITOL MALL AND OTHER STATE PROPERTY AND FACILITIES; PROVIDING LEGISLATIVE INTENT; AMENDING CHAPTER 16, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-1613, IDAHO CODE, TO PROHIBIT CAMPING ON OR IN CERTAIN STATE PROPERTY AND FACILITIES, TO PROVIDE EXCEPTIONS, TO DEFINE A TERM AND TO PROVIDE FOR AN INFRACTION; AMENDING CHAPTER 16, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-1613A, IDAHO CODE, TO PROVIDE PROCEDURES FOR DISPOSITION OF PROPERTY REMOVED FROM PUBLIC PROPERTY FOR VIOLATING A STATUTE THAT FORBIDS A CAMP OR CAMPING; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.".

SENATE AMENDMENT TO H 358 AMENDMENT TO SECTION 1 On page 1 of the printed bill, delete line 19, and insert: "MAKE LEVY. On or before the first third Monday in July of each year, the". AMENDMENT TO SECTION 2 On page 1, delete line 27, and insert: "fore the first third Monday in July of each year the county assessor auditor". AMENDMENT TO SECTION 3 On page 1, delete line 35, and insert: "POSES – BOARD TO MAKE LEVY. On or before the first third Monday in July of". The Committee also has S 1215 under consideration, reports progress, and begs leave to sit again. WINDER, Chairman On motion by Senator Winder, seconded by Senator Stennett, the report was adopted by voice vote. [February 9, 2012 SENATE JOURNAL 77

SENATE JOURNAL On request by Senator Senator Hammond, granted by unanimous consent, SCR 116 was referred to the State Affairs OF THE Committee. IDAHO LEGISLATURE February 8, 2012 The JUDICIARY AND RULES Committee reports that SECOND REGULAR SESSION S 1223, S 1257, S 1258, and S 1267 have been correctly enrolled. SIXTY-FIRST LEGISLATURE DARRINGTON, Chairman The President signed Enrolled S 1223, S 1257, S 1258, and S 1267 and ordered them transmitted to the House for the signature of the Speaker. THIRTY-SECOND LEGISLATIVE DAY THURSDAY, FEBRUARY 9, 2012 February 8, 2012 The JUDICIARY AND RULES Committee reports out Senate Chamber S 1214, S 1263, and S 1272 with the recommendation that they do pass. President Little called the Senate to order at 11 a.m. DARRINGTON, Chairman S 1214, S 1263, and S 1272 were filed for second reading. Roll call showed all members present except Senator Johnson, absent and excused. February 8, 2012 Prayer was offered by Chaplain Keith Buhler. The RESOURCES AND ENVIRONMENT Committee reports out SJR 104 with the recommendation that it do pass. The Pledge of Allegiance was led by Ryan Chapman, Page. PEARCE, Chairman The Senate advanced to the Third Order of Business. SJR 104 was filed for second reading.

Reading and Correction of the Journal February 8, 2012 The EDUCATION Committee reports out H 383 and The JUDICIARY AND RULES Committee reports that the H 385 with the recommendation that they do pass. Senate Journal of the proceedings of February 8, 2012, was read GOEDDE, Chairman and approved as corrected. DARRINGTON, Chairman H 383 and H 385 were filed for second reading. There being no objection, the report was adopted and ordered February 9, 2012 filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that Senator Johnson was recorded present at this order of Senate amendments to H 404 and H 358 have been correctly business. printed. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman the Senate advanced to the Sixth Order of Business. The report was ordered filed in the office of the Secretary of the Senate. Reports of Standing Committees On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. February 9, 2012 Introduction, First Reading, and Reference of Bills, The JUDICIARY AND RULES Committee reports that House Petitions, Resolutions, and Memorials S 1296, S 1297, S 1298, SCR 114, SCR 115, and SCR 116 have been correctly printed. S 1299 BY JUDICIARY AND RULES COMMITTEE DARRINGTON, Chairman AN ACT RELATING TO MILITARY EDUCATION TRAINING AND S 1296 was referred to the Agricultural Affairs Committee. SERVICE; AMENDING CHAPTER 37, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-3727, S 1297 was referred to the Education Committee. IDAHO CODE, TO PROVIDE THAT THE STATE BOARD S 1298 was referred to the State Affairs Committee. OF EDUCATION, THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO, THE BOARD OF TRUSTEES SCR 114 and SCR 115 were referred to the Tenth Order OF CERTAIN COMMUNITY COLLEGES AND THE STATE of Business, Motions and Resolutions, and ordered held at the BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION Secretary's desk for one legislative day. SHALL DEVELOP POLICIES RELATING TO THE AWARD 78 SENATE JOURNAL February 9, 2012]

OF ACADEMIC CREDIT FOR CERTAIN MILITARY FOR LIABILITY REGARDING DOGS ATTACKING OR EDUCATION, TRAINING OR SERVICE, TO PROVIDE KILLING ANIMALS, TO PROVIDE EXCEPTIONS, TO FOR COOPERATION IN THE DEVELOPMENT OF SUCH PROVIDE FOR THE APPLICABILITY OF ADDITIONAL POLICIES AND TO AUTHORIZE RULEMAKING; AND PROVISIONS IN CERTAIN SITUATIONS, TO PROVIDE AMENDING CHAPTER 26, TITLE 67, IDAHO CODE, BY FOR SEVERABLE LIABILITY AND TO PROVIDE FOR THE ADDITION OF A NEW SECTION 67-2620, IDAHO VIOLATIONS AND PENALTIES; AMENDING SECTION CODE, TO PROVIDE THAT EACH OF THE PROFESSIONAL 25-2808, IDAHO CODE, TO PROVIDE A CORRECT CODE AND OCCUPATIONAL LICENSING BOARDS WITHIN THE REFERENCE; AMENDING CHAPTER 28, TITLE 25, IDAHO DEPARTMENT OF SELF-GOVERNING AGENCIES MAY CODE, BY THE ADDITION OF A NEW SECTION 25-2809, ACCEPT CERTAIN MILITARY EDUCATION, TRAINING OR IDAHO CODE, TO PROVIDE FOR DEFENSE AGAINST SERVICE TOWARD THE QUALIFICATIONS TO RECEIVE DOG ATTACK, TO CLARIFY A QUALIFICATION AND LICENSURE, CERTIFICATION OR REGISTRATION AND TO PROVIDE AN EXCEPTION; AMENDING CHAPTER TO AUTHORIZE RULEMAKING. 28, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-2810, IDAHO CODE, TO PROVIDE S 1300 FOR THE DESIGNATION OF DANGEROUS DOGS AND BY JUDICIARY AND RULES COMMITTEE AT-RISK DOGS, TO CLARIFY PROOF REQUIREMENTS IN AN ACT THE PROSECUTION OF CERTAIN ACTIONS, TO DEFINE RELATING TO CHILD CUSTODY AND VISITATION TERMS, TO PROVIDE THAT CERTAIN PROOF SHALL INVOLVING DEPLOYED PARENTS; AMENDING NOT BE REQUIRED IN PROCEEDINGS AND TO PROVIDE CHAPTER 7, TITLE 32, IDAHO CODE, BY THE ADDITION EXCEPTIONS; AMENDING CHAPTER 28, TITLE 25, OF A NEW SECTION 32-720, IDAHO CODE, TO IDAHO CODE, BY THE ADDITION OF A NEW SECTION PROVIDE THAT A COURT MAY ONLY ENTER AN 25-2811, IDAHO CODE, TO PROVIDE THAT COURTS MAY ORDER OR DECREE TEMPORARILY MODIFYING AN ORDER CERTAIN DOGS BE KILLED, TO PROVIDE FOR EXISTING CHILD CUSTODY ORDER UNDER CERTAIN RESTRICTIONS AND REQUIREMENTS, TO PROVIDE FOR CIRCUMSTANCES, TO PROVIDE FOR EXPEDITED THE WAIVER OF RESTRICTIONS AND REQUIREMENTS, HEARINGS UNDER CERTAIN CONDITIONS, TO PROVIDE TO PROVIDE FOR VIOLATIONS AND TO PROVIDE FOR FOR THE PRESENTATION OF TESTIMONY AND IMPOUNDMENT; AMENDING CHAPTER 28, TITLE 25, EVIDENCE BY ELECTRONIC MEANS UNDER CERTAIN IDAHO CODE, BY THE ADDITION OF A NEW SECTION CONDITIONS, TO PROVIDE FOR THE REINSTATEMENT 25-2812, IDAHO CODE, TO PROVIDE FOR VIOLATIONS OF CERTAIN CUSTODY ORDERS AND TO DEFINE AND PENALTIES; AMENDING CHAPTER 28, TITLE 25, TERMS. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 25-2813, IDAHO CODE, TO PROVIDE FOR THE LOCAL S 1301 REGULATION OF CERTAIN DOGS; AND AMENDING BY EDUCATION COMMITTEE CHAPTER 28, TITLE 25, IDAHO CODE, BY THE ADDITION AN ACT OF A NEW SECTION 25-2814, IDAHO CODE, TO PROVIDE RELATING TO EDUCATION; AMENDING SECTION 33-512, FOR SEVERABILITY. IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE SUPERVISION AND REGULATION OF CERTAIN S 1303 EXTRACURRICULAR ACTIVITIES AND TO MAKE BY AGRICULTURAL AFFAIRS COMMITTEE TECHNICAL CORRECTIONS. AN ACT RELATING TO ANIMALS; AMENDING SECTION S 1302 25-3504, IDAHO CODE, TO REMOVE REFERENCE BY AGRICULTURAL AFFAIRS COMMITTEE TO MISDEMEANORS; AND AMENDING SECTION AN ACT 25-3520A, IDAHO CODE, TO PROVIDE FOR VIOLATIONS RELATING TO DOGS; AMENDING SECTION 25-2803, OF SPECIFIED LAW, TO PROVIDE AN EXCEPTION, IDAHO CODE, TO PROVIDE FOR ALTERNATIVE MEANS TO PROVIDE FOR MISDEMEANORS, TO PROVIDE OF IDENTIFICATION; REPEALING SECTION 25-2804, THAT SPECIFIED CONDUCT UNDER CERTAIN IDAHO CODE, RELATING TO DOGS WITHOUT COLLARS CIRCUMSTANCES SHALL CONSTITUTE A FELONY, AND TAGS; REPEALING SECTION 25-2805, IDAHO CODE, TO PROVIDE FOR PENALTIES, TO PROVIDE THAT RELATING TO DOGS RUNNING AT LARGE AND VICIOUS OTHER SPECIFIED CONDUCT SHALL CONSTITUTE DOGS; AMENDING CHAPTER 28, TITLE 25, IDAHO MISDEMEANORS, TO REFERENCE PENALTIES, TO CODE, BY THE ADDITION OF A NEW SECTION 25-2805, PROVIDE THAT EACH PRIOR CONVICTION OR GUILTY IDAHO CODE, TO PROVIDE FOR THE SEIZURE AND PLEA SHALL CONSTITUTE ONE VIOLATION AND IMPOUNDMENT OF DOGS RUNNING AT LARGE, TO TO PROVIDE THAT SPECIFIED PRACTICES ARE NOT PROVIDE FOR VIOLATION AND PENALTY, TO CLARIFY ANIMAL CRUELTY. APPLICABILITY, TO PROVIDE A WAITING PERIOD DURING WHICH TIME AN OWNER MAY RECLAIM A S 1304 DOG PRIOR TO THE DOG BEING HUMANELY KILLED BY AGRICULTURAL AFFAIRS COMMITTEE OR TRANSFERRED TO ANOTHER PARTY AND TO AN ACT PROVIDE THAT CERTAIN HOUSING OF A DOG BY RELATING TO THE BARLEY COMMISSION; AMENDING THE SHERIFF OR HIS DELEGATE SHALL CONSTITUTE SECTION 22-4002, IDAHO CODE, TO PROVIDE THAT REASONABLE EFFORT TO LOCATE THE OWNER; COMMISSION MEMBERS SERVE AT THE PLEASURE OF REPEALING SECTION 25-2806, IDAHO CODE, RELATING THE GOVERNOR; AMENDING SECTION 22-4005, IDAHO TO LIABILITY; AMENDING CHAPTER 28, TITLE 25, CODE, TO PROVIDE THAT THE EXECUTIVE COMMITTEE IDAHO CODE, BY THE ADDITION OF A NEW SECTION OF THE IDAHO STATE WHEAT GROWERS ASSOCIATION, 25-2806, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE DOING BUSINESS AS THE IDAHO GRAIN PRODUCERS [February 9, 2012 SENATE JOURNAL 79

ASSOCIATION, MAY REQUEST THE REMOVAL OF A Miscellaneous Business COMMISSIONER, TO PROVIDE THAT THE GOVERNOR MAY WITHDRAW A COMMISSIONER'S APPOINTMENT On motion by Senator Davis, seconded by Senator Malepeai, AND TO MAKE A TECHNICAL CORRECTION; AND by voice vote, the Senate adjourned at 12:30 p.m. until the hour AMENDING SECTION 22-4015, IDAHO CODE, TO of 11 a.m., Friday, February 10, 2012. REMOVE OBSOLETE LANGUAGE AND TO REVISE THE TAX IMPOSED ON CERTAIN BARLEY. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary S 1305 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO THE CONTROL OF DEPREDATION OF WOLVES; AMENDING SECTION 36-1107, IDAHO CODE, TO PROVIDE THAT WITHIN A SPECIFIED TIME PERIOD OF LIVESTOCK OR DOMESTIC ANIMALS BEING MOLESTED OR ATTACKED, THE OWNER AND THEIR EMPLOYEES AND AGENTS MAY CONTROL THE WOLF OR WOLVES FROM A MOTORIZED VEHICLE AT ANY TIME OF THE DAY OR NIGHT, TO AUTHORIZE THE USE OF CERTAIN EQUIPMENT, TO REQUIRE THAT THE OWNER HOLD A SPECIFIED PERMIT FROM THE IDAHO DEPARTMENT OF AGRICULTURE IF USING A POWERED PARACHUTE, HELICOPTER OR FIXED WING AIRPLANE, TO PROVIDE THAT IN THE EVENT USDA-APHIS WILDLIFE SERVICES OR THE IDAHO DEPARTMENT OF FISH AND GAME VERIFIES A LOSS OF LIVESTOCK OR DOMESTIC ANIMALS DUE TO WOLF DEPREDATION, THE OWNER MAY OBTAIN A PERMIT FROM THE DIRECTOR OF THE DEPARTMENT OF FISH AND GAME AUTHORIZING THE OWNER AND THEIR EMPLOYEES AND AGENTS TO CONTROL THE WOLF OR WOLVES FROM A MOTORIZED VEHICLE AT ANY TIME OF THE DAY OR NIGHT, TO AUTHORIZE THE USE OF CERTAIN EQUIPMENT, TO PROVIDE FOR THE DURATION OF THE PERMIT, TO REQUIRE THAT THE OWNER HOLD A SPECIFIED PERMIT FROM THE IDAHO DEPARTMENT OF AGRICULTURE IF USING A POWERED PARACHUTE, HELICOPTER OR FIXED WING AIRPLANE, TO PROVIDE FOR REPORTING TO THE DIRECTOR OF THE DEPARTMENT OF FISH AND GAME AND TO PROVIDE THAT WOLVES SO TAKEN SHALL REMAIN THE PROPERTY OF THE STATE; AMENDING SECTION 22-102A, IDAHO CODE, TO PROVIDE THAT PERMITS MAY BE ISSUED BY THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO SHOOT WOLVES AS PROVIDED BY SPECIFIED LAW WHILE AIRBORNE IN AN AIRCRAFT; AND DECLARING AN EMERGENCY. S 1299, S 1300, S 1301, S 1302, S 1303, S 1304, and S 1305 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Moved by Senator Bock, seconded by Senator Stennett, that H 404, as amended in the Senate, be referred to the Fourteenth Order of Business for amendment, the question being, "Shall the motion prevail." The President announced the motion, by voice vote, did not prevail. H 404, as amended in the Senate, by State Affairs Committee, was read the first time at length and filed for second reading. H 358, as amended in the Senate, by Revenue and Taxation Committee, was read the first time at length and filed for second reading. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. 80 SENATE JOURNAL February 10, 2012]

SENATE JOURNAL therein, that IDAPA 02.04.21, Department of Agriculture, Rules Governing the Importation of Animals, Section 600, Subsection OF THE 02, relating to Parasiticide, only, be, and the same is hereby rejected and declared null, void and of no force and effect.

IDAHO LEGISLATURE SCR 118 BY COMMERCE AND HUMAN RESOURCES SECOND REGULAR SESSION COMMITTEE SIXTY-FIRST LEGISLATURE A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE DOCKET OF THE DIVISION OF BUILDING SAFETY RELATING TO RULES GOVERNING THE USE OF NATIONAL ELECTRICAL THIRTY-THIRD LEGISLATIVE DAY CODE. FRIDAY, FEBRUARY 10, 2012 Be It Resolved by the Legislature of the State of Idaho:

Senate Chamber WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, President Pro Tempore Hill called the Senate to order at 11 Idaho Code, in the event that the Legislature finds that the rules a.m. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a certain rule docket of the Division of Building Safety relating to Rules Roll call showed all members present except Senators Governing the Use of National Electrical Code is not consistent Hammond, Keough, and Malepeai, absent and formally excused with legislative intent and should be rejected. by the Chair; and Senator Cameron, absent and excused. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, Prayer was offered by Chaplain Keith Buhler. the Senate and the House of Representatives concurring therein, that IDAPA 07.01.06, Division of Building Safety, Rules The Pledge of Allegiance was led by Ben DeMordaunt, Page. Governing the Use of National Electrical Code, the entire The Senate advanced to the Third Order of Business. rulemaking docket, adopted as a pending rule under Docket Number 07-0106-1101, be, and the same is hereby rejected and Reading and Correction of the Journal declared null, void and of no force and effect.

The JUDICIARY AND RULES Committee reports that the SCR 119 Senate Journal of the proceedings of February 9, 2012, was read BY COMMERCE AND HUMAN RESOURCES and approved as corrected. COMMITTEE DARRINGTON, Chairman A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND There being no objection, the report was adopted and ordered REJECTING A CERTAIN RULE OF THE DEPARTMENT OF filed in the office of the Secretary of the Senate. ADMINISTRATION RELATING TO RULES GOVERNING GROUP INSURANCE. On request by Senator McGee, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. Be It Resolved by the Legislature of the State of Idaho:

Petitions, Resolutions, and Memorials WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, SCR 117 Idaho Code, in the event that the Legislature finds that the rules BY AGRICULTURAL AFFAIRS COMMITTEE are not consistent with legislative intent; and A CONCURRENT RESOLUTION WHEREAS, it is the finding of the Legislature that a certain STATING FINDINGS OF THE LEGISLATURE AND rule of the Department of Administration relating to Rules REJECTING A CERTAIN RULE OF THE DEPARTMENT OF Governing Group Insurance is not consistent with legislative AGRICULTURE RELATING TO RULES GOVERNING THE intent and should be rejected. IMPORTATION OF ANIMALS. NOW, THEREFORE, BE IT RESOLVED by the members of Be It Resolved by the Legislature of the State of Idaho: the Second Regular Session of the Sixty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, WHEREAS, the Legislature is vested with authority to reject that IDAPA 38.03.01, Department of Administration, Rules executive agency rules under the provisions of Section 67-5291, Governing Group Insurance, Section 040, Subsection 02.a, only, Idaho Code, in the event that the Legislature finds that the rules adopted as a pending rule under Docket Number 38-0301-1101, are not consistent with legislative intent; and be, and the same is hereby rejected and declared null, void and WHEREAS, it is the finding of the Legislature that a certain of no force and effect. rule of the Department of Agriculture relating to Rules Governing Senator Cameron was recorded present at this order of the Importation of Animals is not consistent with legislative intent business. and should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of SCR 117, SCR 118, and SCR 119 were introduced, read at the Second Regular Session of the Sixty-first Idaho Legislature, length, and referred to the Judiciary and Rules Committee for the Senate and the House of Representatives concurring printing. [February 10, 2012 SENATE JOURNAL 81

The Senate advanced to the Sixth Order of Business. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held Reports of Standing Committees at the Secretary's desk for one legislative day. February 10, 2012 February 9, 2012 The JUDICIARY AND RULES Committee reports that The COMMERCE AND HUMAN RESOURCES S 1299, S 1300, S 1301, S 1302, S 1303, S 1304, and S 1305 have Committee reports out S 1268 with the recommendation that it been correctly printed. do pass. DARRINGTON, Chairman ANDREASON, Chairman S 1299 and S 1301 were referred to the Education S 1268 was filed for second reading. Committee. February 9, 2012 S 1300 was referred to the Judiciary and Rules Committee. The LOCAL GOVERNMENT AND TAXATION S 1302, S 1303, and S 1304 were referred to the Agricultural Committee reports it has had under consideration the Affairs Committee. Gubernatorial appointments listed below and the Committee S 1305 was referred to the Resources and Environment recommends that said appointments be confirmed by the Senate: Committee. Linda Pike to the Board of Tax Appeals, term to expire June On request by Senator Lodge, granted by unanimous consent, 30, 2014. S 1276 was recommitted to the Health and Welfare Committee. Richard W. Jackson to the State Tax Commission, term to February 9, 2012 expire April 1, 2017. The HEALTH AND WELFARE Committee reports out CORDER, Chairman S 1279 and S 1281 with the recommendation that they do pass. The Gubernatorial appointments were referred to the Tenth LODGE, Chairman Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. S 1279 and S 1281 were filed for second reading. February 9, 2012 February 9, 2012 The HEALTH AND WELFARE Committee reports out The AGRICULTURAL AFFAIRS Committee reports out S 1277, S 1278, and S 1280 with the recommendation that they H 412 with the recommendation that it do pass. do pass. SIDDOWAY, Chairman LODGE, Chairman H 412 was filed for second reading. S 1277, S 1278, and S 1280 were filed for second reading. February 9, 2012 February 9, 2012 The TRANSPORTATION Committee reports out H 367 with The EDUCATION Committee reports out H 394 with the the recommendation that it do pass. recommendation that it do pass. HAMMOND, Chairman GOEDDE, Chairman H 367 was filed for second reading. H 394 was filed for second reading. February 9, 2012 On request by Senator McGee, granted by unanimous The TRANSPORTATION Committee reports out consent, the Senate advanced to the Ninth Order of Business. S 1231 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Messages from the House HAMMOND, Chairman February 6, 2012 There being no objection, S 1231 was referred to the Dear Mr. President: Fourteenth Order of Business, General Calendar. I transmit herewith H 418 , which has passed the House. February 9, 2012 ALEXANDER, Chief Clerk The COMMERCE AND HUMAN RESOURCES H 418 was filed for first reading. Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee February 8, 2012 recommends that said appointment be confirmed by the Senate: Dear Mr. President: Mark Holubar to the Idaho Personnel Commission, term to expire July 1, 2017. I transmit herewith H 391 , which has passed the House. ANDREASON, Chairman ALEXANDER, Chief Clerk 82 SENATE JOURNAL February 10, 2012]

H 391 was filed for first reading. Former Lt. Governor David Leroy, Chairman of the Idaho Abraham Lincoln Bicentennial Commission, provided remarks February 9, 2012 honoring President Lincoln. Jane A. Wittmeyer offered a reading. Dear Mr. President: Closing remarks were provided by Co-chairman Senator I transmit herewith H 426 , which has passed the House. Nuxoll. The Chairmen extended their gratitude to all who helped with the program including Pastor DeMichele, Marie Stettler, ALEXANDER, Chief Clerk David Leroy, Marian Smith and Jane Wittmeyer, and the Lincoln Day Service was dissolved. H 426 was filed for first reading. On request by Senator Lodge, granted by unanimous February 8, 2012 consent, the gubernatorial appointment of Michael D. Gibson Dear Mr. President: to the Commission for the Blind and Visually Impaired was recommitted to the Health and Welfare Committee. I transmit herewith Enrolled H 364 for the signature of the President. On request by Senator McGee, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. ALEXANDER, Chief Clerk Introduction, First Reading, and Reference of Bills, The President Pro Tempore signed Enrolled H 364 and House Petitions, Resolutions, and Memorials ordered it returned to the House. February 9, 2012 S 1306 BY COMMERCE AND HUMAN RESOURCES Dear Mr. President: COMMITTEE AN ACT I transmit herewith Enrolled H 365 for the signature of the RELATING TO THE DIRECTORY OF NEW HIRES; President. AMENDING CHAPTER 16, TITLE 72, IDAHO CODE, BY ALEXANDER, Chief Clerk THE ADDITION OF A NEW SECTION 72-1608, IDAHO CODE, TO PROVIDE A CIVIL PENALTY FOR EMPLOYERS The President Pro Tempore signed Enrolled H 365 and FAILING TO REPORT THE HIRING OR REHIRING OF ordered it returned to the House. EMPLOYEES TO THE DEPARTMENT OF LABOR.

February 9, 2012 S 1307 Dear Mr. President: BY COMMERCE AND HUMAN RESOURCES COMMITTEE I return herewith S 1237 , which has passed the House. AN ACT RELATING TO SECURED TRANSACTIONS; AMENDING ALEXANDER, Chief Clerk SECTION 28-9-102, IDAHO CODE, TO REVISE S 1237 was referred to the Judiciary and Rules Committee DEFINITIONS, TO DEFINE TERMS AND TO MAKE for enrolling. TECHNICAL CORRECTIONS; AMENDING SECTION 28-9-105, IDAHO CODE, TO REVISE CONTROL OF February 10, 2012 ELECTRONIC CHATTEL PAPER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION Dear Mr. President: 28-9-307, IDAHO CODE, TO REVISE THE LOCATION I return herewith Enrolled S 1223, S 1257, S 1258, and OF CERTAIN REGISTERED ORGANIZATIONS; S 1267 , which have been signed by the Speaker. AMENDING SECTION 28-9-311, IDAHO CODE, TO REVISE AN EXCEPTION TO A FINANCING STATEMENT ALEXANDER, Chief Clerk FILING REQUIREMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 28-9-316, Enrolled S 1223, S 1257, S 1258, and S 1267 were referred IDAHO CODE, TO PROVIDE FOR THE EFFECT ON to the Judiciary and Rules Committee for transmittal to the Office A FILED FINANCING STATEMENT OF CHANGE IN of the Governor. GOVERNING LAW AND FOR THE EFFECT OF CHANGE IN GOVERNING LAW ON A FINANCING STATEMENT The Senate advanced to the Tenth Order of Business. FILED AGAINST THE ORIGINAL DEBTOR AND TO MAKE Motions and Resolutions TECHNICAL CORRECTIONS; AMENDING SECTION 28-9-317, IDAHO CODE, TO REVISE TERMINOLOGY, TO On request by Senator McGee, granted by unanimous REVISE WHEN CERTAIN PERSONS TAKE FREE OF A consent, the Senate went at ease and resolved itself into the SECURITY INTEREST IN CERTAIN COLLATERAL AND Committee for the Lincoln Day Service. TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 28-9-326, IDAHO CODE, TO REVISE WHEN A LINCOLN DAY SERVICE SECURITY INTEREST CREATED BY A NEW DEBTOR The Lincoln Day Program was presented to the members of IS SUBORDINATED AND TO REVISE AN EXCEPTION; the Senate with Co-chairman Senator Vick providing opening AMENDING SECTION 28-9-406, IDAHO CODE, TO REVISE remarks. The Prayer was offered by Pastor Rick DeMichele, THE APPLICATION OF CERTAIN TERMS RESTRICTING Senior Pastor, Treasure Valley Baptist Church and "God Bless CERTAIN ASSIGNMENTS AND TO MAKE TECHNICAL the USA" was sung by Marie Stettler, Senate intern, Soda CORRECTIONS; AMENDING SECTION 28-9-408, IDAHO Springs, Idaho. CODE, TO REVISE THE APPLICATION OF CERTAIN [February 10, 2012 SENATE JOURNAL 83

TERMS RESTRICTING CERTAIN ASSIGNMENTS; S 1309 AMENDING SECTION 28-9-502, IDAHO CODE, TO REVISE BY HEALTH AND WELFARE COMMITTEE WHEN THE RECORD OF A MORTGAGE IS EFFECTIVE AN ACT AS A FINANCING STATEMENT AND TO MAKE A RELATING TO RETAIL SALES OF PSEUDOEPHEDRINE TECHNICAL CORRECTION; AMENDING SECTION PRODUCTS; AMENDING SECTION 37-3303, IDAHO CODE, 28-9-503, IDAHO CODE, TO REVISE THE SUFFICIENCY TO REVISE PROVISIONS RELATING TO MAXIMUM OF THE DEBTOR'S NAME ON A FINANCING STATEMENT QUANTITIES OF PSEUDOEPHEDRINE THAT CAN BE AND TO DEFINE A TERM; AMENDING SECTION PURCHASED, TO PROVIDE THAT RETAILERS SHALL 28-9-507, IDAHO CODE, TO REVISE THE EFFECT USE AN ELECTRONIC TRACKING SYSTEM IN THE WHEN A DEBTOR'S NAME BECOMES INSUFFICIENT SALE OF PSEUDOEPHEDRINE PRODUCTS, TO PROVIDE SO THAT THE FINANCING STATEMENT BECOMES EXEMPTIONS FOR RETAILERS AND TO DEFINE A TERM; SERIOUSLY MISLEADING AND TO MAKE TECHNICAL AMENDING CHAPTER 33, TITLE 37, IDAHO CODE, BY CORRECTIONS; AMENDING SECTION 28-9-515, IDAHO THE ADDITION OF A NEW SECTION 37-3303A, IDAHO CODE, TO PROVIDE FOR THE EFFECTIVENESS OF A CODE, TO PROVIDE FOR AN ELECTRONIC TRACKING FILED INITIAL FINANCING STATEMENT AND TO MAKE SYSTEM FOR PSEUDOEPHEDRINE SALES, TO PROVIDE TECHNICAL CORRECTIONS; AMENDING SECTION FOR REQUIRED INFORMATION, TO PROVIDE FOR 28-9-516, IDAHO CODE, TO REVISE GROUNDS FOR THE USE OF RECORDS GATHERED, TO AUTHORIZE REFUSAL OF THE FILING OFFICE TO ACCEPT A THE BOARD OF PHARMACY TO PROMULGATE AND FILING AND TO MAKE TECHNICAL CORRECTIONS; ENFORCE RULES AND TO LIMIT THE LIABILITY OF AMENDING SECTION 28-9-516A, IDAHO CODE, TO RETAILERS. REVISE PROVISIONS RELATING TO THE DUTIES OF A FILING OFFICER; AMENDING SECTION 28-9-518, S 1310 IDAHO CODE, TO REVISE TERMINOLOGY AND TO BY TRANSPORTATION COMMITTEE PROVIDE FOR THE FILING AND THE CONTENTS AN ACT OF AN INFORMATION STATEMENT; REPEALING RELATING TO THE IDAHO TRANSPORTATION SECTION 28-9-521, IDAHO CODE, RELATING TO DEPARTMENT; REPEALING SECTION 40-514, IDAHO UNIFORM FORM OF WRITTEN FINANCING STATEMENT CODE, RELATING TO THE PUBLIC TRANSPORTATION AND AMENDMENT; AMENDING CHAPTER 9, TITLE SERVICES ADVISORY COUNCIL AND INTERAGENCY 28, IDAHO CODE, BY THE ADDITION OF A NEW WORKING GROUP; AND AMENDING CHAPTER 5, SECTION 28-9-521, IDAHO CODE, TO PROVIDE FOR TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW THE UNIFORM FORM OF WRITTEN FINANCING SECTION 40-514, IDAHO CODE, TO CREATE THE IDAHO STATEMENT AND AMENDMENT; AMENDING SECTION MOBILITY COUNCIL, TO PROVIDE THE DUTIES AND 28-9-607, IDAHO CODE, TO REVISE THE CONTENTS RESPONSIBILITIES OF SUCH COUNCIL, TO GRANT OF A CERTAIN SECURED PARTY RECORDING AND SUCH COUNCIL THE AUTHORITY TO CONVENE TO MAKE TECHNICAL CORRECTIONS; AMENDING SUBCOMMITTEES AND TO PROVIDE MEETING CHAPTER 9, TITLE 28, IDAHO CODE, BY THE ADDITION REQUIREMENTS. OF A NEW PART 8, CHAPTER 9, TITLE 28, IDAHO CODE, TO PROVIDE A SAVINGS CLAUSE, TO PROVIDE S 1311 FOR SECURITY INTEREST PERFECTED BEFORE BY TRANSPORTATION COMMITTEE THE ACT'S EFFECTIVE DATE, TO PROVIDE FOR AN ACT SECURITY INTEREST UNPERFECTED BEFORE THE RELATING TO MOTOR VEHICLES; AMENDING SECTION ACT'S EFFECTIVE DATE, TO PROVIDE FOR THE 49-121, IDAHO CODE, TO DEFINE A TERM; AMENDING EFFECTIVENESS OF ACTION TAKEN BEFORE THE ACT'S SECTION 49-236, IDAHO CODE, TO PROVIDE AN EFFECTIVE DATE, TO PROVIDE FOR WHEN THE INITIAL ENHANCED PENALTY; AND AMENDING SECTION FINANCING STATEMENT SUFFICES TO CONTINUE 49-529, IDAHO CODE, TO PROVIDE A CORRECT CODE EFFECTIVENESS OF THE FINANCING STATEMENT, TO REFERENCE. PROVIDE FOR AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT, TO PROVIDE FOR PERSONS S 1312 ENTITLED TO FILE AN INITIAL FINANCING STATEMENT BY TRANSPORTATION COMMITTEE OR CONTINUATION STATEMENT AND TO PROVIDE AN ACT FOR PRIORITY; AMENDING SECTION 28-12-103, IDAHO RELATING TO MOTOR VEHICLES; AMENDING SECTION CODE, TO PROVIDE A CORRECT CODE REFERENCE 49-426, IDAHO CODE, TO PROVIDE THAT SPECIFIED AND TO MAKE TECHNICAL CORRECTIONS; AND OPERATING FEES SHALL NOT APPLY TO CERTAIN PROVIDING AN EFFECTIVE DATE. CONSTRUCTION EQUIPMENT, FORESTRY EQUIPMENT AND LAWN AND GROUNDS EQUIPMENT.

S 1308 S 1313 BY COMMERCE AND HUMAN RESOURCES BY TRANSPORTATION COMMITTEE COMMITTEE AN ACT AN ACT RELATING TO HAZARDOUS WASTE; AMENDING RELATING TO TEACHERS; AMENDING SECTION 33-1217, SECTION 39-4432, IDAHO CODE, TO REVISE PROVISIONS IDAHO CODE, TO REVISE PROVISIONS RELATING TO RELATING TO THE DISTRIBUTION OF CERTAIN SICK LEAVE RIGHTS. REVENUES, TO ESTABLISH PROVISIONS RELATING TO REMITTANCE TO THE TREASURER OF A HIGHWAY DISTRICT, TO PROVIDE FOR USE OF MONEYS, TO ESTABLISH PROVISIONS RELATING TO REMITTANCE 84 SENATE JOURNAL February 10, 2012]

TO THE STATE HIGHWAY ACCOUNT AND TO PROVIDE SJR 104 , by Resources and Environment Committee, was FOR USE OF MONEYS. read the second time at length and filed for third reading.

S 1314 H 383 and H 385 , by Education Committee, were read the BY EDUCATION COMMITTEE second time at length and filed for third reading. AN ACT RELATING TO THE PRUDENT MANAGEMENT OF H 404, as amended in the Senate, by State Affairs INSTITUTIONAL FUNDS; AMENDING SECTION 33-5004, Committee, was read the second time at length and filed for third IDAHO CODE, TO REVISE PROVISIONS AND ESTABLISH reading. ADDITIONAL PROVISIONS RELATING TO CERTAIN GIFT H 358, as amended in the Senate, by Revenue and Taxation INSTRUMENTS. Committee, was read the second time at length and filed for third reading. S 1315 BY LOCAL GOVERNMENT AND TAXATION On request by Senator McGee, granted by unanimous COMMITTEE consent, the Senate advanced to the Fifteenth Order of Business. AN ACT RELATING TO PROPERTY TAXES; AMENDING Miscellaneous Business SECTION 63-1003, IDAHO CODE, TO PROVIDE THAT DELINQUENCIES ON PERSONAL PROPERTY TAXES On motion by Senator McGee, seconded by Senator Stennett, SHALL BE FIRST AND PRIOR, PERPETUAL LIENS ON by voice vote, the Senate adjourned at 12:05 p.m. until the hour SPECIFIED PROPERTY, EXCEPT AS TO ANY VALID of 10:30 a.m., Monday, February 13, 2012. PURCHASE MONEY SECURITY INTEREST IN THE PROPERTY OR AS OTHERWISE PROVIDED BY LAW. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary S 1316 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT RELATING TO PUBLIC FUNDS; AMENDING CHAPTER 1, TITLE 57, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 57-127B, IDAHO CODE, TO AUTHORIZE TREASURERS FOR PUBLIC HOSPITAL DISTRICTS AND TREASURERS FOR COUNTY HOSPITALS TO INVEST FUNDS GENERATED FROM OPERATIONAL REVENUES IN CERTAIN INVESTMENTS AND TO PROVIDE THAT SUCH AUTHORIZATION SHALL NOT BE CONSTRUED TO ENLARGE OR EXPAND POWERS OF TREASURERS FOR PUBLIC HOSPITAL DISTRICTS OR COUNTY HOSPITALS TO INVEST FUNDS GENERATED THROUGH AD VALOREM TAXES, ASSESSMENTS OR LEVIES OUTSIDE THE SCOPE OF INVESTMENTS ENUMERATED IN SPECIFIED LAW. S 1306, S 1307, S 1308, S 1309, S 1310, S 1311, S 1312, S 1313, S 1314, S 1315, and S 1316 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. H 418 , by Commerce and Human Resources Committee, was introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. H 391 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. H 426 , by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. The Senate advanced to the Twelfth Order of Business. Second Reading of Bills S 1236 and S 1259 , by Agricultural Affairs Committee, were read the second time at length and filed for third reading. S 1214, S 1263, and S 1272 , by Judiciary and Rules Committee, were read the second time at length and filed for third reading. [February 13, 2012 SENATE JOURNAL 85 SENATE JOURNAL Source of water: Cocolalla Lake located OF THE in Bonner County at Township 55 North, IDAHO LEGISLATURE Range 2 West, B.M. Purpose for the minimum To preserve aesthetics, SECOND REGULAR SESSION lake level: water quality and SIXTY-FIRST LEGISLATURE recreational uses. The minimum lake level: A water surface elevation of 2,207.77 feet above sea level from January 1 THIRTY-SIXTH LEGISLATIVE DAY through December 31. MONDAY, FEBRUARY 13, 2012 Proposed Priority Date: July 21, 2008.

Senate Chamber WHEREAS, the preliminary order approving the application became final on January 29, 2011. President Little called the Senate to order at 10:30 a.m. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, that the same is hereby rejected. Roll call showed all members present except Senators Lodge and Pearce, absent and excused. SJM 103 Prayer was offered by Chaplain Keith Buhler. BY RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL The Pledge of Allegiance was led by Renae Feist, Page. TO THE PRESIDENT OF THE UNITED STATES, TO THE SECRETARY OF AGRICULTURE OF THE UNITED STATES, The Senate advanced to the Third Order of Business. TO THE SENATE AND HOUSE OF REPRESENTATIVES OF Reading and Correction of the Journal THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING The JUDICIARY AND RULES Committee reports that the THE STATE OF IDAHO IN THE CONGRESS OF THE Senate Journal of the proceedings of February 10, 2012, was read UNITED STATES. and approved as corrected. We, your Memorialists, the Senate and the House of Representatives of the State of Idaho assembled in the Second DARRINGTON, Chairman Regular Session of the Sixty-first Idaho Legislature, do hereby respectfully represent that: There being no objection, the report was adopted and ordered WHEREAS, during the First Regular Session of the filed in the office of the Secretary of the Senate. Sixty-first Idaho Legislature, we adopted Senate Joint Memorial On request by Senator Davis, granted by unanimous consent, No. 101, which urged the reauthorization and full funding of the the Senate advanced to the Fifth Order of Business. federal Secure Rural School and County Self-Determination Act ("SRS" or "Act"); and Petitions, Resolutions, and Memorials WHEREAS, the SRS was enacted to meet the financial obligations of the federal government in rural communities with SCR 120 extensive federal land ownership as these lands do not contribute BY RESOURCES AND ENVIRONMENT COMMITTEE to the county tax base. The SRS law establishes transfer payment A CONCURRENT RESOLUTION schedules for federal moneys to be paid from the U.S. Treasury REJECTING APPLICATION TO APPROPRIATE WATER FOR directly to the counties to help support their schools, roads and MINIMUM LAKE LEVEL RELATING TO COCOLALLA essential services; and LAKE LOCATED IN BONNER COUNTY. WHEREAS, in 2011, the SRS has provided approximately $31 million dollars of federal funding to 34 Idaho counties Be It Resolved by the Legislature of the State of Idaho: for schools and roads with National Forest System lands in recognition of the federal government's obligation to these WHEREAS, the Idaho Water Resource Board may apply counties; and for a permit to appropriate unappropriated waters of any lake to WHEREAS, Congress has not yet reauthorized the SRS Act establish a minimum lake level; and and the Act has now expired. Congress may still reauthorize, but WHEREAS, under the provisions of Section 42-1503, Idaho current proposals for reauthorization are for less funding and for Code, an application approved by the Idaho Department of Water a shorter time than previous authorities; and Resources for a minimum lake level shall not become finally WHEREAS, the purpose of the SRS has always been for effective until affirmatively acted upon by the Legislature, except the federal government and counties to advance alternative that if the Legislature fails to act prior to the end of the regular arrangements to the SRS transfers; and session to which the application was submitted, the application WHEREAS, five Idaho counties, Shoshone, Boundary, shall be considered approved; and Clearwater, Idaho and Valley, commendably have developed a WHEREAS, on January 15, 2010, the Idaho Department pilot project or an alternative proposal for SRS funding called a of Water Resources issued a preliminary order approving an Community Forest Trust ("Trust"); and application to establish a minimum lake level as follows: 86 SENATE JOURNAL February 13, 2012]

WHEREAS, the proposed Trust would provide that resources S 1314, S 1315, S 1316, SCR 117, SCR 118, and SCR 119 have on certain designated federal lands be managed for the purposes been correctly printed. of providing revenues to all Idaho counties currently receiving SRS funding; and DARRINGTON, Chairman WHEREAS, the resources on the federal lands included in S 1306, S 1307, and S 1308 were referred to the Commerce the proposed Trust would be managed by Idaho Department of and Human Resources Committee. Lands professionals under all laws, federal and state, as they apply to state lands in Idaho, and overseen by a Board of Idaho S 1309 was referred to the Health and Welfare Committee. County Commissioners appointed by the Governor; and WHEREAS, lands included in the proposed Trust would S 1310, S 1311, S 1312, and S 1313 were referred to the remain federal lands and available to all Americans for recreation Transportation Committee. and enjoyment; and S 1314, S 1315, and S 1316 were referred to the Local WHEREAS, the resources in the Trust would be required to Government and Taxation Committee. be managed prudently and sustainably, and management activities would be monitored to ensure environmental standards are met; SCR 117, SCR 118, and SCR 119 were referred to the Tenth and Order of Business, Motions and Resolutions, and ordered held at WHEREAS, the Idaho counties have submitted a proposal the Secretary's desk for one legislative day. to Congress to conduct a pilot of the Trust as part of the SRS February 10, 2012 reauthorization, and any revenues generated be deducted from approved SRS payments thereby helping both Idaho counties and The JUDICIARY AND RULES Committee reports that the federal government meet deficit reduction goals; and Enrolled S 1223, S 1257, S 1258, and S 1267 were delivered to WHEREAS, the Trust pilot would be for a minimum of five the Office of the Governor at 1:35 p.m., February 10,2012. years and include resources on 200,000 acres of federal forest land in Idaho; and DARRINGTON, Chairman WHEREAS, the Idaho Association of Counties Board of The report was ordered filed in the office of the Secretary of Directors and the Idaho Association of Counties Public Lands the Senate. Committee unanimously approved the Trust pilot in September 2011; and February 10, 2012 WHEREAS, the Trust has been reviewed by the Idaho Land Board in August 2011 and supported, in concept, with direction The JUDICIARY AND RULES Committee reports that to the Idaho Department of Lands to work with the counties on S 1237 has been correctly enrolled. how it would be implemented. DARRINGTON, Chairman NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, The President signed Enrolled S 1237 and ordered it the Senate and the House of Representatives concurring therein, transmitted to the House for the signature of the Speaker. that we urge the Congress of the United States to endorse and enact a Community Forest Trust pilot for Idaho, consistent with February 10, 2012 the proposal presented by Idaho counties to the U.S. House The RESOURCES AND ENVIRONMENT Committee Natural Resources Committee as part of the July 14, 2011, reports out S 1283 with the recommendation that it do pass. hearing record on the Secure Rural Schools and Community Self-Determination Act of 2008 reauthorization. PEARCE, Chairman BE IT FURTHER RESOLVED that we urge the Congress of the United States to reauthorize and extend the Secure Rural S 1283 was filed for second reading. Schools and Community Self-Determination Act of 2008 (P.L. February 10, 2012 110-343) for an additional ten-year period through federal fiscal year 2021, and that the Act be continued at federal fiscal year The RESOURCES AND ENVIRONMENT Committee 2008 funding levels and be funded through mandatory, continuing reports it has had under consideration the Gubernatorial appropriations. appointment listed below and the Committee recommends that BE IT FURTHER RESOLVED that the Secretary of the said appointment be confirmed by the Senate: Senate be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the United States, Jim Yost to the Northwest Power and Conservation Council, the Secretary of Agriculture of the United States, the President term to expire January 15, 2015. of the Senate and the Speaker of the House of Representatives PEARCE, Chairman of Congress, and the congressional delegation representing the State of Idaho in the Congress of the United States. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held SCR 120 and SJM 103 were introduced, read at length, and at the Secretary's desk for one legislative day. referred to the Judiciary and Rules Committee for printing. On request by Senator Davis, granted by unanimous consent, The Senate advanced to the Sixth Order of Business. the Senate advanced to the Eighth Order of Business. Reports of Standing Committees Messages from the Governor February 13, 2012 February 10, 2012 The Honorable Brad Little The JUDICIARY AND RULES Committee reports that President of the Senate S 1306, S 1307, S 1308, S 1309, S 1310, S 1311, S 1312, S 1313, Idaho Legislature [February 13, 2012 SENATE JOURNAL 87

Dear Mr. President: The President announced that the Local Government and Taxation Committee report relative to the Gubernatorial I have the honor to inform you that I have signed today and appointment of Richard W. Jackson was before the Senate for am transmitting to the Secretary of State the following Senate final consideration, the question being, "Shall the report be Bill, to wit: adopted?" S 1258 On motion by President Pro Tempore Hill, seconded by As Always - Idaho, Esto Perpetua Senator Bilyeu, the Gubernatorial appointment of Richard /s/ C.L. "Butch" Otter W. Jackson as a member of the State Tax Commission was Governor of Idaho confirmed by voice vote. The correspondence was ordered filed in the office ofthe The President declared the report adopted and directed the Secretary of the Senate. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to bythe On request by Senator Davis, granted by unanimous consent, Secretary, to be transmitted to the Governor informing him of the Senate advanced to the Tenth Order of Business. the action of the Senate. The Senate advanced to the Eleventh Order of Business. Motions and Resolutions Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Senator Pearce was recorded present at this order of business. S 1317 The President announced that SCR 114 was before the BY STATE AFFAIRS COMMITTEE Senate for final consideration, the question being, "Shall the AN ACT resolution be adopted?" RELATING TO HIGHWAYS AND BRIDGES; AMENDING SECTION 40-315, IDAHO CODE, TO REVISE PROVISIONS On motion by Senator Broadsword, seconded by RELATING TO FEDERALLY FUNDED TRANSPORTATION Senator McGee, SCR 114 was adopted by voice vote, title was PROJECT FINANCING, TO PROVIDE FOR A BRIDGE approved, and the resolution ordered transmitted to the House. PROGRAM AND TO MAKE TECHNICAL CORRECTIONS. The President announced that SCR 115 was before the Senate for final consideration, the question being, "Shall the S 1318 resolution be adopted?" BY STATE AFFAIRS COMMITTEE AN ACT On motion by Senator Broadsword, seconded by RELATING TO ADMINISTRATIVE RULES; AMENDING Senator Malepeai, SCR 115 was adopted by voice vote, title was SECTION 67-5220, IDAHO CODE, TO PROVIDE approved, and the resolution ordered transmitted to the House. STATUTORY PROCEDURES FOR NEGOTIATED RULEMAKING; AMENDING SECTION 67-5221, IDAHO The President announced that the Commerce and Human CODE, TO PROVIDE NOTICE FOR NEGOTIATED Resources Committee report relative to the Gubernatorial RULEMAKING, TO PROVIDE FOR AN AGENCY TO POST appointment of Mark Holubar was before the Senate for final NOTICE OF RULEMAKING ONTO ITS WEBSITE IF THE consideration, the question being, "Shall the report be adopted?" AGENCY HAS A WEBSITE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. On motion by Senator Smyser, seconded by Senator Stennett, the Gubernatorial appointment of Mark Holubar as a member of S 1319 the Idaho Personnel Commission was confirmed by voice vote. BY JUDICIARY AND RULES COMMITTEE The President declared the report adopted and directed the AN ACT Secretary of the Senate to prepare a letter of the Gubernatorial RELATING TO MOTOR VEHICLE FINANCIAL appointment confirmation for his signature, attested to bythe RESPONSIBILITY; AMENDING SECTION 49-1232, IDAHO Secretary, to be transmitted to the Governor informing him of CODE, TO PROVIDE THAT A CERTAIN CERTIFICATE OR the action of the Senate. PROOF OF LIABILITY INSURANCE MAY BE PRODUCED IN PAPER OR ELECTRONIC FORMAT AND TO PROVIDE Senator Lodge was recorded present at this order of business. THE ACCEPTABLE ELECTRONIC FORMATS.

The President announced that the Local Government S 1320 and Taxation Committee report relative to the Gubernatorial BY RESOURCES AND ENVIRONMENT COMMITTEE appointment of Linda Pike was before the Senate for final AN ACT consideration, the question being, "Shall the report be adopted?" RELATING TO IRRIGATION DISTRICTS; AMENDING On motion by Senator Bilyeu, seconded by Senator Corder, CHAPTER 1, TITLE 43, IDAHO CODE, BY THE ADDITION the Gubernatorial appointment of Linda Pike as a member of the OF A NEW SECTION 43-112A, IDAHO CODE, TO Board of Tax Appeals was confirmed by voice vote. PROVIDE FOR APPLICATIONS TO VOTE BY ABSENTEE BALLOT, TO REQUIRE ELECTORS' OATHS, TO PROVIDE The President declared the report adopted and directed the FOR THE RETURN AND RECEIPT OF OATHS AND Secretary of the Senate to prepare a letter of the Gubernatorial ABSENTEE BALLOTS, TO REQUIRE CERTAIN WRITTEN appointment confirmation for his signature, attested to bythe DESIGNATIONS TO BE PROVIDED WITH OATHS AND Secretary, to be transmitted to the Governor informing him of ABSENTEE BALLOTS, TO PROVIDE FOR TRANSMITTAL the action of the Senate. OF ABSENTEE BALLOTS, OATHS AND DESIGNATIONS 88 SENATE JOURNAL February 13, 2012]

BY THE SECRETARY OF THE DISTRICT TO ELECTION The Senate advanced to the Thirteenth Order of Business. JUDGES, TO PROVIDE THAT ABSENTEE BALLOTS ARE SUBJECT TO CHALLENGE, TO PROVIDE THAT Third Reading of Bills GENERAL ELECTION LAWS RELATING TO ABSENTEE BALLOTS SHALL NOT APPLY AND TO PROVIDE FOR On request by Senator Corder, granted by unanimous APPLICABILITY OF SPECIFIED PROVISIONS. consent, S 1255 was referred to the Fourteenth Order of Business, General Calendar. S 1321 S 1265 was read the third time at length, section by section, BY RESOURCES AND ENVIRONMENT COMMITTEE and placed before the Senate for final consideration. Senator AN ACT Lodge arose as sponsor of the bill and opened the debate. The RELATING TO FISH AND GAME; AMENDING SECTION question being, "Shall the bill pass?" 36-111, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE USE OF MONEYS IN THE WINTER FEEDING Roll call resulted as follows: ACCOUNT, TO REVISE PROVISIONS RELATING TO THE USE OF THE BALANCE OF MONEYS FROM A AYES–Andreason, Bair, Bilyeu, Bock, Brackett, SPECIFIED SOURCE WHICH WERE NOT DEPOSITED Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, IN THE FEEDING ACCOUNT AND TO REQUIRE Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, THE DEPARTMENT OF FISH AND GAME TO MAKE Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, YEARLY REPORTS TO THE SENATE RESOURCES Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, AND CONSERVATION COMMITTEE AND THE HOUSE Tippets, Toryanski, Vick, Werk, Winder. Total - 35. RESOURCES AND ENVIRONMENT COMMITTEE DETAILING HOW FUNDS IN THE FEEDING ACCOUNT Whereupon the President declared S 1265 passed, title was HAVE BEEN EXPENDED. approved, and the bill ordered transmitted to the House.

S 1322 S 1266 was read the third time at length, section by section, BY STATE AFFAIRS COMMITTEE and placed before the Senate for final consideration. Senator AN ACT Davis arose as sponsor of the bill and opened the debate. The RELATING TO BEER; AMENDING SECTION 23-1001, question being, "Shall the bill pass?" IDAHO CODE, TO REVISE A DEFINITION; AND Roll call resulted as follows: AMENDING SECTION 23-1033, IDAHO CODE, TO REVISE PROVISIONS REGARDING AN EXCEPTION RELATING AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, TO CERTAIN FINANCIAL INTEREST OR OWNERSHIP OR Cameron, Corder, Darrington, Davis, Fulcher, Goedde, CONTROL OF CERTAIN REAL PROPERTY AND TO MAKE Hammond, Heider, Hill, Johnson, Keough, Lodge, McGee, TECHNICAL CORRECTIONS. Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, S 1323 Werk, Winder. Total - 32. BY STATE AFFAIRS COMMITTEE AN ACT NAYS–Bock, LeFavour, Malepeai. Total - 3. RELATING TO BOARD OF TRUSTEES OF LIBRARY DISTRICTS; AMENDING SECTION 33-2716, IDAHO CODE, Total - 35. TO REVISE CERTAIN PROVISIONS RELATING TO THE RECALL OF LIBRARY DISTRICT TRUSTEES. Whereupon the President declared S 1266 passed, title was approved, and the bill ordered transmitted to the House. S 1317, S 1318, S 1319, S 1320, S 1321, S 1322, and S 1323 were introduced, read the first time at length, and referred H 382 was read the third time at length, section by section, to the Judiciary and Rules Committee for printing. and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. The Senate advanced to the Twelfth Order of Business. On request by Senator Mortimer, granted by unanimous Second Reading of Bills consent, H 382 retained its place on the Third Reading Calendar for one legislative day. S 1279 and S 1281 , by Health and Welfare Committee, were read the second time at length and filed for third reading. H 384 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 412 , by Agricultural Affairs Committee, was read the Andreason arose as sponsor of the bill and opened the debate. second time at length and filed for third reading. The question being, "Shall the bill pass?" H 367 , by Transportation and Defense Committee, was read Roll call resulted as follows: the second time at length and filed for third reading. S 1268 , by Commerce and Human Resources Committee, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, was read the second time at length and filed for third reading. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, S 1277, S 1278, and S 1280 , by Health and Welfare Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Committee, were read the second time at length and filed for Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, third reading. Tippets, Toryanski, Vick, Werk, Winder. Total - 35. H 394 , by Education Committee, was read the second time Whereupon the President declared H 384 passed, title was at length and filed for third reading. approved, and the bill ordered returned to the House. [February 13, 2012 SENATE JOURNAL 89

On request by Senator Davis, granted by unanimous consent, Charles H. Correll to the Park and Recreation Board, term to the Senate returned to the Sixth Order of Business. expire June 30, 2013. Reports of Standing Committees Robert H. Hansen to the Park and Recreation Board, term to expire June 30, 2017. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote the Senate recessed at 11:50 a.m. until the hour of PEARCE, Chairman 4 p.m. of this day. The Gubernatorial appointments were referred to the Tenth RECESS Order of Business, Motions and Resolutions, and ordered held at AFTERNOON SESSION the Secretary's desk for one legislative day. The Senate reconvened at 4 p.m., pursuant to recess, On request by Senator Davis, granted by unanimous consent, President Little presiding. the Senate advanced to the Thirteenth Order of Business. Third Reading of Bills Roll call showed all members present except Senators Bair On request by Senator Davis, granted by unanimous consent, and Cameron, absent and excused. H 404, as amended in the Senate, was referred to the Fourteenth Order of Business, General Calendar. Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Eleventh Order of Business. February 13, 2012 Introduction, First Reading, and Reference of Bills, The JUDICIARY AND RULES Committee reports it has House Petitions, Resolutions, and Memorials had under consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be S 1324 confirmed by the Senate: BY JUDICIARY AND RULES COMMITTEE Charles "Chad" A. Huff to the Sexual Offender Managment AN ACT Board, term to expire January 1, 2016. RELATING TO ATTORNEY'S FEES IN CIVIL ACTIONS; AMENDING SECTION 12-120, IDAHO CODE, TO PROVIDE Dolly Ouita Bedal to the Sexual Offender Management THAT THERE SHALL BE TAXED AND ALLOWED TO Board, term to expire January 1, 2014. THE PREVAILING PARTY A REASONABLE AMOUNT FIXED BY THE COURT AS ATTORNEY'S FEES IN Jean M. Fisher to the Sexual Offender Management Board, CERTAIN ACTIONS WHERE THE AMOUNT PLEADED IS term to expire January 1, 2015. THIRTY-FIVE THOUSAND DOLLARS OR LESS. Jeffrey A. Betts to the Sexual Offender Management Board, term to expire January 1, 2016. S 1325 BY JUDICIARY AND RULES COMMITTEE Jon Michael Burnham to the Sexual Offender Management AN ACT Board, term to expire January 1, 2015. RELATING TO THE IDAHO BAIL ACT; AMENDING Michael David Johnston to the Sexual Offender Managment SECTION 19-2911, IDAHO CODE, TO PROVIDE Board, term to expire January 1, 2016. CONDITIONS AND REQUIREMENTS RELATING TO THE RELEASE OF A DEFENDANT UPON THE POSTING OF A Paula K. Garay to the Sexual Offender Managment Board, BAIL BOND. term to expire January 1, 2014. S 1326 Shane Lee Evans to the Sexual Offender Management Board, BY HEALTH AND WELFARE COMMITTEE term to expire January 1, 2015. AN ACT DARRINGTON, Chairman RELATING TO VOCATIONAL REHABILITATION; AMENDING SECTION 33-2307, IDAHO CODE, TO REVISE The Gubernatorial appointments were referred to the Tenth LEGISLATIVE INTENT; AMENDING SECTION 33-2308, Order of Business, Motions and Resolutions, and ordered held at IDAHO CODE, TO PROVIDE A TERMINATION DATE the Secretary's desk for one legislative day. FOR THE PROGRAM TO PROVIDE TREATMENT TO PERSONS SUFFERING FROM RENAL DISEASES, TO February 13, 2012 PROVIDE FOR MEDICAID RESTRICTIONS AND TO The JUDICIARY AND RULES Committee reports out CLARIFY WHO MAY RECEIVE CERTAIN ASSISTANCE; H 402 and S 1292 with the recommendation that they do pass. REPEALING SECTIONS 33-2307 AND 33-2308, IDAHO CODE, RELATING TO RENAL DISEASES; DECLARING AN DARRINGTON, Chairman EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING EFFECTIVE DATES. H 402 and S 1292 were filed for second reading. February 13, 2012 S 1327 BY EDUCATION COMMITTEE The RESOURCES AND ENVIRONMENT Committee AN ACT reports it has had under consideration the Gubernatorial RELATING TO EDUCATION; AMENDING SECTION 33-513, appointments listed below and the Committee recommends that IDAHO CODE, TO REVISE PROVISIONS RELATING said appointments be confirmed by the Senate: TO DELIVERY OF A CONTRACT, TO PROVIDE THAT 90 SENATE JOURNAL February 13, 2012]

A DESIGNEE OF THE BOARD MAY DECLARE A S 1324, S 1325, S 1326, S 1327, S 1328, and S 1329 were POSITION VACANT, TO REVISE PROVISIONS RELATING introduced, read the first time at length, and referred to the TO A DISTRICT COURT ORDER AND TO REVISE Judiciary and Rules Committee for printing. PROVISIONS RELATING TO THE DISTRICT PLACING AN EMPLOYEE ON INVOLUNTARY UNPAID LEAVE OR On request by Senator Davis, granted by unanimous consent, UNPAID SUSPENSION; AMENDING SECTION 33-514, the Senate advanced to the Fourteenth Order of Business. IDAHO CODE, TO REMOVE LANGUAGE RELATING TO A REDUCTION IN FORCE, TO REVISE PROVISIONS General Calendar RELATING TO A CATEGORY B CONTRACT AND The President declared the Senate resolved into the TO REVISE A DATE; AMENDING SECTION 33-515, Committee of the Whole and called Senator Winder to the Chair IDAHO CODE, TO REVISE A PROVISION RELATING TO to preside during the sitting of the Committee of the Whole. CERTIFICATED EMPLOYEES EMPLOYED PURSUANT TO A GRANDFATHERED RENEWABLE CONTRACT AND TO Following the adjournment of the Committee of the Whole, REVISE PROVISIONS RELATING TO REASSIGNMENT the President called the Senate to order. OF AN ADMINISTRATIVE EMPLOYEE; AMENDING SECTION 33-1271, IDAHO CODE, TO REVISE PROVISIONS Report of the Committee of the Whole RELATING TO FINAL OFFERS OF SETTLEMENT, TO REVISE PROVISIONS RELATING TO THE SUBJECT Senator Winder, Chairman of the Committee of the MATTER OF NEGOTIATIONS AND TO PROVIDE FOR Whole, reported out H 404, as amended in the Senate, without RULES; AMENDING SECTION 33-1272, IDAHO CODE, TO recommendation and without amendment. REVISE A DEFINITION; DECLARING AN EMERGENCY; AND PROVIDING A CONTINGENT SUNSET DATE. Senator Bair was recorded present at this order of business. The Committee also has S 1215, S 1231, and S 1255 under S 1328 consideration, reports progress, and begs leave to sit again. BY EDUCATION COMMITTEE AN ACT WINDER, Chairman RELATING TO EDUCATION; AMENDING SECTION 33-1021, IDAHO CODE, TO REVISE PROVISIONS On motion by Senator Winder, seconded by RELATING TO CRITERIA FOR THE DISTRIBUTION Senator Malepeai, the report was adopted by voice vote. OF CERTAIN MONEYS; AMENDING SECTION 33-1626, IDAHO CODE, TO REVISE PROVISIONS RELATING TO H 404, as amended in the Senate, was refiled for third POSTSECONDARY CREDITS OF DUAL CREDIT COURSES reading. AND TO REVISE A PROVISION RELATING TO COUNTING AVERAGE DAILY ATTENDANCE; AMENDING SECTION On request by Senator Davis, granted by unanimous consent, 33-1627, IDAHO CODE, TO ESTABLISH PROVISIONS the Senate returned to the Thirteenth Order of Business. PROVIDING THAT PARENTS OR GUARDIANS SHALL Third Reading of Bills NOT HAVE THE RIGHT TO ENROLL A STUDENT IN AN ONLINE COURSE WITHOUT CERTAIN PERMISSION AND On request by Senator Davis, granted by unanimous consent, TO ESTABLISH PROVISIONS RELATING TO ONLINE all Senate bills were placed at the head of the Third Reading COURSE PROVIDERS REPORTING AVERAGE DAILY Calendar, followed by House bills amended in the Senate, ATTENDANCE; DECLARING AN EMERGENCY AND followed by House bills. PROVIDING A CONTINGENT SUNSET DATE. On request by Senator Davis, granted by unanimous consent, S 1329 the Senate advanced to the Fifteenth Order of Business. BY EDUCATION COMMITTEE AN ACT Miscellaneous Business RELATING TO EDUCATION; AMENDING SECTION 33-1004F, IDAHO CODE, TO REVISE PROVISIONS Senator Cameron was recorded present at this order of RELATING TO CERTAIN OBLIGATIONS TO RETIREMENT business. AND SOCIAL SECURITY BENEFITS; AMENDING SECTION 33-1004I, IDAHO CODE, TO REVISE A On motion by Senator Davis, seconded by Senator Malepeai, PROVISION RELATING TO PAY FOR PERFORMANCE by voice vote, the Senate adjourned at 4:35 p.m. until the hour of BONUSES FOR STUDENT ACHIEVEMENT GROWTH AND 10:30 a.m., Tuesday, February 14, 2012. TO REVISE CERTAIN DATES RELATING TO CERTAIN BRAD LITTLE, President CERTIFICATED EMPLOYEES' NEW EMPLOYMENT CONTRACTS, TO ESTABLISH A PROVISION RELATING Attest: JENNIFER NOVAK, Secretary TO CERTAIN ADMINISTRATIVE EMPLOYEES' AWARD OF PAY FOR PERFORMANCE SHARES, TO REVISE A PROVISION RELATING TO A CERTAIN DISTRIBUTION AND TO ESTABLISH PROVISIONS RELATING TO A DISTRIBUTION ALLOCATED FOR CERTAIN BENEFIT COSTS; DECLARING AN EMERGENCY AND PROVIDING A CONTINGENT SUNSET DATE. [February 14, 2012 SENATE JOURNAL 91

SENATE JOURNAL S 1326 was referred to the Health and Welfare Committee. OF THE S 1327, S 1328, and S 1329 were referred to the Education Committee. IDAHO LEGISLATURE SCR 120 and SJM 103 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the SECOND REGULAR SESSION Secretary's desk for one legislative day. SIXTY-FIRST LEGISLATURE February 14, 2012 The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be THIRTY-SEVENTH LEGISLATIVE DAY confirmed by the Senate: TUESDAY, FEBRUARY 14, 2012 Michael D. Gibson to the Commission for the Blind and Visually Impaired, term to expire July 1, 2014. Senate Chamber LODGE, Chairman President Little called the Senate to order at 10:30 a.m. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Roll call showed all members present except Senators Davis, Heider, Pearce, and Siddoway, absent and excused. Senator Pearce was recorded present at this order of business. Prayer was offered by Chaplain Keith Buhler. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The Pledge of Allegiance was led by Rebekah Grad, Page.

The Senate advanced to the Third Order of Business. Messages from the Governor

Reading and Correction of the Journal Senator Heider was recorded present at this order of business. February 14, 2012 The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 13, 2012, was read The Honorable Brad Little and approved as corrected. President of the Senate Idaho Legislature DARRINGTON, Chairman Dear Mr. President: There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate On request by Senator Winder, granted by unanimous Bills, to wit: consent, the Senate advanced to the Sixth Order of Business. S 1257 and S 1267 Reports of Standing Committees As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor of Idaho February 14, 2012 The correspondence was ordered filed in the office ofthe The JUDICIARY AND RULES Committee reports that Secretary of the Senate. S 1317, S 1318, S 1319, S 1320, S 1321, S 1322, S 1323, S 1324, S 1325, S 1326, S 1327, S 1328, S 1329, SCR 120, and The Senate advanced to the Ninth Order of Business. SJM 103 have been correctly printed.

DARRINGTON, Chairman Messages from the House S 1317 and S 1319 were referred to the Transportation Committee. February 13, 2012 S 1318, S 1322, and S 1323 were referred to the State Affairs Dear Mr. President: Committee. I transmit herewith H 443, H 446, and H 449 , which have S 1320 and S 1321 were referred to the Resources and passed the House. Environment Committee. ALEXANDER, Chief Clerk S 1324 and S 1325 were referred to the Judiciary and Rules Committee. H 443, H 446, and H 449 were filed for first reading. 92 SENATE JOURNAL February 14, 2012]

February 13, 2012 Third Reading of Bills Dear Mr. President: On request by Senator Davis, granted by unanimous consent, I return herewith S 1213 , which has passed the House. S 1281 retained its place on the Third Reading Calendar for ALEXANDER, Chief Clerk Monday, February 20, 2012. S 1213 was referred to the Judiciary and Rules Committee On request by Senator Davis, granted by unanimous consent, for enrolling. SJR 104 retained its place on the Third Reading Calendar for one legislative day. The Senate advanced to the Tenth Order of Business. S 1236 was read the third time at length, section by section, Motions and Resolutions and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous consent, SCR 117 retained its place on the calendar for Roll call resulted as follows: Wednesday, February 15, 2012. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, The President announced that SCR 118 was before the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Senate for final consideration, the question being, "Shall the Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, resolution be adopted?" Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, On motion by Senator Tippets, seconded by Senator McGee, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, SCR 118 was adopted by voice vote, title was approved, and the Tippets, Toryanski, Vick, Werk, Winder. Total - 35. resolution ordered transmitted to the House. Whereupon the President declared S 1236 passed, title was Senators Davis and Siddoway were recorded present at this approved, and the bill ordered transmitted to the House. order of business. On request by Senator Davis, granted by unanimous consent, On request by Senator Siddoway, granted by unanimous S 1263 retained its place on the Third Reading Calendar for one consent, SCR 117 was referred to the Agricultural Affairs legislative day. Committee. S 1259 was read the third time at length, section by section, On request by Senator Davis, granted by unanimous consent, and placed before the Senate for final consideration. Senator the gubernatorial appointment of Jean M. Fisher was placed after Corder arose as sponsor of the bill and opened the debate. The the appointment of Jim Yost. question being, "Shall the bill pass?" On request by Senator Davis, granted by unanimous consent, Roll call resulted as follows: the Senate advanced to the Eleventh Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Introduction, First Reading, and Reference of Bills, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, House Petitions, Resolutions, and Memorials Malepeai, McGee, McKenzie, Mortimer, Nuxoll, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk, Winder. Total - 31. H 443 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. NAYS–Fulcher, Malloy (McKague), Pearce, Vick. Total - 4. H 446 , by Resources and Conservation Committee, was Total - 35. introduced, read the first time at length, and referred to the Resources and Environment Committee. Whereupon the President declared S 1259 passed, title was approved, and the bill ordered transmitted to the House. H 449 , by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and referred to the S 1214 was read the third time at length, section by section, Judiciary and Rules Committee. and placed before the Senate for final consideration. Senator Bock arose as sponsor of the bill and opened the debate. The question The Senate advanced to the Twelfth Order of Business. being, "Shall the bill pass?"

Second Reading of Bills Roll call resulted as follows: S 1283 , by Resources and Environment Committee, was AYES–Andreason, Bair, Bilyeu, Bock, Brackett, read the second time at length and filed for third reading. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 402 , by Judiciary, Rules, and Administration Committee, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, was read the second time at length and filed for third reading. Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. S 1292 , by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Whereupon the President declared S 1214 passed, title was approved, and the bill ordered transmitted to the House. The Senate advanced to the Thirteenth Order of Business. [February 14, 2012 SENATE JOURNAL 93

S 1272 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Vick arose as sponsor of the bill and opened the debate. The question AYES–Andreason, Bair, Bilyeu, Bock, Brackett, being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Roll call resulted as follows: Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Whereupon the President declared S 1280 passed, title was Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, approved, and the bill ordered transmitted to the House. Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. H 404, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for Whereupon the President declared S 1272 passed, title was final consideration. Senator Vick arose as sponsor of the billand approved, and the bill ordered transmitted to the House. opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: On request by Senator Goedde, granted by unanimous consent, S 1268 retained its place on the Third Reading Calendar AYES–Andreason, Bair, Brackett, Broadsword, Cameron, for one legislative day. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, Lodge, McGee, McKenzie, Mortimer, Nuxoll, Pearce, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. S 1279 was read the third time at length, section by section, Total - 26. and placed before the Senate for final consideration. Senator Bock arose as sponsor of the bill and opened the debate. The question NAYS–Bilyeu, Bock, Johnson, LeFavour, Malepeai, Malloy being, "Shall the bill pass?" (McKague), Schmidt, Stennett, Werk. Total - 9. Roll call resulted as follows: Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Whereupon the President declared H 404, as amended in the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Senate, passed, title was approved, and the bill ordered returned Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, to the House. Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Whereupon the President declared S 1279 passed, title was Calendar, followed by House bills amended in the Senate, approved, and the bill ordered transmitted to the House. followed by House bills. On request by Senator Davis, granted by unanimous consent, On request by Senator Bock, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. S 1277 was referred to the Fourteenth Order of Business, General Calendar. Miscellaneous Business

S 1278 was read the third time at length, section by section, On motion by Senator Davis, seconded by Senator Malepeai, and placed before the Senate for final consideration. Senator Vick by voice vote, the Senate adjourned at 12:05 p.m. until the hour arose as sponsor of the bill and opened the debate. The question of 10:30 a.m., Wednesday, February 15, 2012. being, "Shall the bill pass?" BRAD LITTLE, President Roll call resulted as follows: Attest: JENNIFER NOVAK, Secretary AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1278 passed, title was approved, and the bill ordered transmitted to the House.

S 1280 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nuxoll arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" 94 SENATE JOURNAL February 15, 2012]

SENATE JOURNAL SJR 105 BY STATE AFFAIRS COMMITTEE OF THE A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I, OF THE CONSTITUTION OF THE STATE OF IDAHO, BY THE IDAHO LEGISLATURE ADDITION OF A NEW SECTION 23, ARTICLE I, TO PROVIDE THAT THE RIGHTS TO HUNT, FISH AND SECOND REGULAR SESSION TRAP ARE A VALUED PART OF THE HERITAGE OF THE SIXTY-FIRST LEGISLATURE STATE OF IDAHO AND SHALL FOREVER BE PRESERVED FOR THE PEOPLE AND MANAGED THROUGH THE LAWS, RULES AND PROCLAMATIONS OF THE STATE AND TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CREATE A RIGHT TO TRESPASS ON PRIVATE THIRTY-EIGHTH LEGISLATIVE DAY PROPERTY, SHALL NOT AFFECT RIGHTS TO DIVERT, WEDNESDAY, FEBRUARY 15, 2012 APPROPRIATE AND USE WATER, AND SHALL NOT LEAD TO A DIMINUTION OF OTHER PRIVATE RIGHTS; STATING THE QUESTION TO BE SUBMITTED TO THE Senate Chamber ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; President Pro Tempore Hill called the Senate to order at AND DIRECTING THE SECRETARY OF STATE TO 10:30 a.m. PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. Roll call showed all members present except Senator Werk, SJR 105 was introduced, read the first time at length, and absent and excused. referred to the Judiciary and Rules Committee for printing. Prayer was offered by Chaplain Keith Buhler. The Senate advanced to the Sixth Order of Business. The Pledge of Allegiance was led by Brian Kreis, Page. Reports of Standing Committees The Senate advanced to the Third Order of Business. February 14, 2012 Reading and Correction of the Journal The AGRICULTURAL AFFAIRS Committee reports out The JUDICIARY AND RULES Committee reports that the S 1296 and S 1302 with the recommendation that they do pass. Senate Journal of the proceedings of February 14, 2012, was read and approved as corrected. SIDDOWAY, Chairman DARRINGTON, Chairman S 1296 and S 1302 were filed for second reading. There being no objection, the report was adopted and ordered February 14, 2012 filed in the office of the Secretary of the Senate. The AGRICULTURAL AFFAIRS Committee reports out On request by Senator Davis, granted by unanimous consent, S 1303 with the recommendation that it do pass. the Senate advanced to the Fifth Order of Business. SIDDOWAY, Chairman Petitions, Resolutions, and Memorials S 1303 was filed for second reading. February 14, 2012 PETITION TO WAIVE JOINT RULE 20 The JUDICIARY AND RULES Committee reports that We, the majority leadership of the Senate, petition that S 1213 has been correctly enrolled. the President waive the provisions of Joint Rule 20 pertaining to the limitation on introduction of proposed constitutional DARRINGTON, Chairman amendments, which would permit the introduction and consideration of SJR 105 to amend the Constitution of the State The President Pro Tempore signed Enrolled S 1213 and of Idaho by preserving for the people of Idaho the rights to hunt, ordered it transmitted to the House for the signature of the fish and trap. Speaker. Signed: February 14, 2012

/s/ Brent Hill, President Pro Tempore The TRANSPORTATION Committee reports it has had /s/ Bart M. Davis, Majority Leader under consideration the Gubernatorial appointment listed below /s/ Chuck Winder, Assistant Majority Leader and the Committee recommends that said appointment be /s/ John McGee, Majority Caucus Chair confirmed by the Senate: Upon presentation of the petition, the President Pro Tempore Jerry Whitehead as Chair of the Idaho Transportation Board, waived the provisions of Joint Rule 20 for the introduction of term to continue at the pleasure of the Governor. SJR 105. The correspondence was ordered filed in the office of the Secretary of the Senate. HAMMOND, Chairman [February 15, 2012 SENATE JOURNAL 95

The Gubernatorial appointment was referred to the Tenth February 14, 2012 Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Dear Mr. President: February 14, 2012 I return herewith Enrolled S 1237 , which has been signed by the Speaker. The TRANSPORTATION Committee reports out S 1274 with the recommendation that it do pass. ALEXANDER, Chief Clerk HAMMOND, Chairman Enrolled S 1237 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. S 1274 was filed for second reading. The Senate advanced to the Tenth Order of Business. February 14, 2012 The HEALTH AND WELFARE Committee reports out S 1260, S 1261, S 1262, and S 1273 with the recommendation Motions and Resolutions that they do pass. LODGE, Chairman The President Pro Tempore announced that SCR 119 was before the Senate for final consideration, the question being, S 1260, S 1261, S 1262, and S 1273 were filed for second "Shall the resolution be adopted?" reading. On motion by Senator Cameron, seconded by February 15, 2012 Senator Stennett, SCR 119 was adopted by voice vote, title was approved, and the resolution ordered transmitted to the House. The COMMERCE AND HUMAN RESOURCES Committee reports out H 418 with the recommendation that it On request by Senator Siddoway, granted by unanimous do pass. consent, SCR 120 was referred to the Resources and ANDREASON, Chairman Environment Committee. H 418 was filed for second reading. On request by Senator Keough, granted by unanimous consent, SJM 103 was referred to the Resources and Senator Werk was recorded present at this order of business. Environment Committee. February 15, 2012 The President Pro Tempore announced that the Resources and Environment Committee report relative to the Gubernatorial The JUDICIARY AND RULES Committee reports that appointment of Jim Yost was before the Senate for final SJR 105 has been correctly printed. consideration, the question being, "Shall the report be adopted?" DARRINGTON, Chairman On motion by Senator Brackett, seconded by SJR 105 was referred to the Resources and Environment Senator Stennett, the Gubernatorial appointment of Jim Yost as Committee. a member of the Northwest Power and Conservation Council was confirmed by voice vote. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, Messages from the House attested to by the Secretary, to be transmitted to the Governor February 14, 2012 informing him of the action of the Senate. Dear Mr. President: The President Pro Tempore announced that the Judiciary and Rules Committee report relative to the Gubernatorial appointment I transmit herewith H 473, H 389, H 387, as amended, H 368, of Jean M. Fisher was before the Senate for final consideration, as amended, H 393, as amended, H 516, H 407, H 408, H 409, the question being, "Shall the report be adopted?" H 469, H 455, H 475, and H 379 , which have passed the House. On motion by Senator Darrington, seconded by ALEXANDER, Chief Clerk Senator Stennett, the Gubernatorial appointment of Jean M. H 473, H 389, H 387, as amended, H 368, as amended, Fisher as a member of the Sexual Offender Management Board H 393, as amended, H 516, H 407, H 408, H 409, H 469, H 455, was confirmed by voice vote. H 475, and H 379 were filed for first reading. The President Pro Tempore declared the report adopted February 14, 2012 and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, Dear Mr. President: attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. I return herewith S 1219 and S 1222 , which have passed the House. The President Pro Tempore announced that the Judiciary ALEXANDER, Chief Clerk and Rules Committee report relative to the Gubernatorial appointment of Charles "Chad" A. Huff was before the Senate S 1219 and S 1222 were referred to the Judiciary and Rules for final consideration, the question being, "Shall the report be Committee for enrolling. adopted?" 96 SENATE JOURNAL February 15, 2012]

On motion by Senator Lodge, seconded by Senator Stennett, The President Pro Tempore declared the report adopted the Gubernatorial appointment of Charles "Chad" A. Huff as and directed the Secretary of the Senate to prepare a letter of a member of the Sexual Offender Management Board was the Gubernatorial appointment confirmation for his signature, confirmed by voice vote. attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of The President Pro Tempore announced that the Judiciary and the Gubernatorial appointment confirmation for his signature, Rules Committee report relative to the Gubernatorial appointment attested to by the Secretary, to be transmitted to the Governor of Paula K. Garay was before the Senate for final consideration, informing him of the action of the Senate. the question being, "Shall the report be adopted?" The President Pro Tempore announced that the Judiciary On motion by Senator Nuxoll, seconded by Senator Stennett, and Rules Committee report relative to the Gubernatorial the Gubernatorial appointment of Paula K. Garay as a member of appointment of Dolly Ouita Bedal was before the Senate for final the Sexual Offender Managment Board was confirmed by voice consideration, the question being, "Shall the report be adopted?" vote. On motion by Acting Senator Malloy, seconded by The President Pro Tempore declared the report adopted Senator Stennett, the Gubernatorial appointment of Dolly Ouita and directed the Secretary of the Senate to prepare a letter of Bedal as a member of the Sexual Offender Management Board the Gubernatorial appointment confirmation for his signature, was confirmed by voice vote. attested to by the Secretary, to be transmitted to the Governor The President Pro Tempore declared the report adopted informing him of the action of the Senate. and directed the Secretary of the Senate to prepare a letter of The President Pro Tempore announced that the Judiciary and the Gubernatorial appointment confirmation for his signature, Rules Committee report relative to the Gubernatorial appointment attested to by the Secretary, to be transmitted to the Governor of Shane Lee Evans was before the Senate for final consideration, informing him of the action of the Senate. the question being, "Shall the report be adopted?" The President Pro Tempore announced that the Judiciary and On motion by Senator Lodge, seconded by Senator Stennett, Rules Committee report relative to the Gubernatorial appointment the Gubernatorial appointment of Shane Lee Evans as a member of Jeffrey A. Betts was before the Senate for final consideration, of the Sexual Offender Management Board was confirmed by the question being, "Shall the report be adopted?" voice vote. On motion by Senator LeFavour, seconded by Senator Davis, The President Pro Tempore declared the report adopted the Gubernatorial appointment of Jeffrey A. Betts as a member of and directed the Secretary of the Senate to prepare a letter of the Sexual Offender Management Board was confirmed by voice the Gubernatorial appointment confirmation for his signature, vote. attested to by the Secretary, to be transmitted to the Governor The President Pro Tempore declared the report adopted informing him of the action of the Senate. and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, The President Pro Tempore announced that the Resources attested to by the Secretary, to be transmitted to the Governor and Environment Committee report relative to the Gubernatorial informing him of the action of the Senate. appointment of Charles H. Correll was before the Senate for final consideration, the question being, "Shall the report be adopted?" The President Pro Tempore announced that the Judiciary and Rules Committee report relative to the Gubernatorial On motion by Senator Cameron, seconded by appointment of Jon Michael Burnham was before the Senate Senator Stennett, the Gubernatorial appointment of Charles H. for final consideration, the question being, "Shall the report be Correll as a member of the Park and Recreation Board was adopted?" confirmed by voice vote. On motion by Senator Mortimer, seconded by The President Pro Tempore declared the report adopted Senator Stennett, the Gubernatorial appointment of Jon Michael and directed the Secretary of the Senate to prepare a letter of Burnham as a member of the Sexual Offender Management the Gubernatorial appointment confirmation for his signature, Board was confirmed by voice vote. attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of The President Pro Tempore announced that the Resources the Gubernatorial appointment confirmation for his signature, and Environment Committee report relative to the Gubernatorial attested to by the Secretary, to be transmitted to the Governor appointment of Robert H. Hansen was before the Senate for final informing him of the action of the Senate. consideration, the question being, "Shall the report be adopted?" The President Pro Tempore announced that the Judiciary On motion by Senator Siddoway, seconded by and Rules Committee report relative to the Gubernatorial Senator Schmidt, the Gubernatorial appointment of Robert H. appointment of Michael David Johnston was before the Senate Hansen as a member of the Park and Recreation Board was for final consideration, the question being, "Shall the report be confirmed by voice vote. adopted?" The President Pro Tempore declared the report adopted On motion by Senator Bock, seconded by Senator Winder, and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment of Michael David Johnston as a the Gubernatorial appointment confirmation for his signature, member of the Sexual Offender Managment Board was confirmed attested to by the Secretary, to be transmitted to the Governor by voice vote. informing him of the action of the Senate. [February 15, 2012 SENATE JOURNAL 97

The President Pro Tempore announced that the Health Third Reading of Bills and Welfare Committee report relative to the Gubernatorial appointment of Michael D. Gibson was before the Senate for S 1263 was read the third time at length, section by section, final consideration, the question being, "Shall the report be and placed before the Senate for final consideration. Senator adopted?" Darrington arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On motion by Senator Lodge, seconded by Senator Stennett, the Gubernatorial appointment of Michael D. Gibson as a Roll call resulted as follows: member of the Commission for the Blind and Visually Impaired was confirmed by voice vote. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, The President Pro Tempore declared the report adopted Goedde, Hammond, Heider, Hill, Keough, LeFavour, Lodge, and directed the Secretary of the Senate to prepare a letter of Malepeai, McGee, Malloy (McKague), Mortimer, Nuxoll, the Gubernatorial appointment confirmation for his signature, Schmidt, Siddoway, Smyser, Stennett, Tippets, Werk, Winder. attested to by the Secretary, to be transmitted to the Governor Total - 30. informing him of the action of the Senate. NAYS–Johnson, McKenzie, Pearce, Toryanski, Vick. The Senate advanced to the Eleventh Order of Business. Total - 5. Introduction, First Reading, and Reference of Bills, Paired and voting included in roll call: House Petitions, Resolutions, and Memorials AYE - Hammond NAY - Vick S 1330 Total - 35. BY STATE AFFAIRS COMMITTEE AN ACT Whereupon the President Pro Tempore declared RELATING TO AIR NAVIGATION FACILITIES; AMENDING S 1263 passed, title was approved, and the bill ordered SECTION 21-401, IDAHO CODE, TO REMOVE LANGUAGE transmitted to the House. RELATING TO AN ELECTION REGARDING CERTAIN BONDS. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. S 1330 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Miscellaneous Business H 473 , by Transportation and Defense Committee, was On motion by Senator Davis, seconded by Senator Malepeai, introduced, read the first time at length, and referred to the by voice vote, the Senate adjourned at 12:10 p.m. until the hour Transportation Committee. of 10 a.m., Thursday, February 16, 2012. H 389 , by Agricultural Affairs Committee, was introduced, BRENT HILL, President Pro Tempore read the first time at length, and referred to the Agricultural Affairs Committee. Attest: JENNIFER NOVAK, Secretary H 387, as amended, by Local Government Committee, was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. H 368, as amended, by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. H 393, as amended, by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. H 516 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. H 407, H 408, H 409, and H 469 , by Business Committee, were introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. H 455 and H 475 , by Judiciary, Rules, and Administration Committee, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee. H 379 , by Resources and Conservation Committee, was introduced, read the first time at length, and referred to the Resources and Environment Committee. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. 98 SENATE JOURNAL February 16, 2012]

SENATE JOURNAL The President signed Enrolled S 1219 and S 1222 and ordered them transmitted to the House for the signature of the OF THE Speaker. IDAHO LEGISLATURE Senator Lodge was recorded present at this order of business. February 15, 2012 SECOND REGULAR SESSION The STATE AFFAIRS Committee reports out HJM 7 with SIXTY-FIRST LEGISLATURE the recommendation that it do pass. MCKENZIE, Chairman HJM 7 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one THIRTY-NINTH LEGISLATIVE DAY legislative day. THURSDAY, FEBRUARY 16, 2012 February 14, 2012

Senate Chamber The EDUCATION Committee reports out S 1301 with the recommendation that it do pass. President Little called the Senate to order at 10 a.m. GOEDDE, Chairman S 1301 was filed for second reading. Roll call showed all members present except Senators Senator Brackett was recorded present at this order of Bilyeu, Brackett, Broadsword, Cameron, Corder, Fulcher, business. Johnson, Keough, Lodge, Mortimer, Stennett and Toryanski, absent and excused. February 15, 2012 Prayer was offered by Senator Les Bock. The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointments listed below and The Pledge of Allegiance was led by Abigail Mocettini, the Committee recommends that said appointments be confirmed Page. by the Senate: The Senate advanced to the Third Order of Business. Hyong K. Pak to the Idaho Commission on Human Rights, term to expire July 1, 2014. Reading and Correction of the Journal Ruthie Johnson to the Idaho Commission on Human Rights, term to expire July 1, 2014. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 15, 2012, was read MCKENZIE, Chairman and approved as corrected. The Gubernatorial appointments were referred to the Tenth DARRINGTON, Chairman Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. February 15, 2012 The STATE AFFAIRS Committee reports out S 1298 with On request by Senator Davis, granted by unanimous consent, the recommendation that it do pass. the Senate advanced to the Sixth Order of Business. MCKENZIE, Chairman Reports of Standing Committees S 1298 was filed for second reading. Senators Bilyeu, Mortimer, Stennett, and Toryanski were Senator Cameron was recorded present at this order of recorded present at this order of business. business. February 16, 2012 February 15, 2012 The JUDICIARY AND RULES Committee reports that The STATE AFFAIRS Committee reports out H 391 with the S 1330 has been correctly printed. recommendation that it do pass. MCKENZIE, Chairman DARRINGTON, Chairman H 391 was filed for second reading. S 1330 was referred to the State Affairs Committee. February 15, 2012 February 15, 2012 The JUDICIARY AND RULES Committee reports that The JUDICIARY AND RULES Committee reports that Enrolled S 1237 was delivered to the Office of the Governor at S 1219 and S 1222 have been correctly enrolled. 1:23 p.m., February 15, 2012. DARRINGTON, Chairman DARRINGTON, Chairman [February 16, 2012 SENATE JOURNAL 99

The report was ordered filed in the office of the Secretary of Senator Keough was recorded present at this order of the Senate. business. February 15, 2012 On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. The RESOURCES AND ENVIRONMENT Committee reports out S 1291 with the recommendation that it do pass. Messages from the House PEARCE, Chairman February 15, 2012 S 1291 was filed for second reading. Dear Mr. President: February 15, 2012 I transmit herewith H 372, H 460, H 462, H 463, and H 526 , The JUDICIARY AND RULES Committee reports out which have passed the House. HJM 4 with the recommendation that it do pass. ALEXANDER, Chief Clerk DARRINGTON, Chairman H 372, H 460, H 462, H 463, and H 526 were filed for first HJM 4 was referred to the Tenth Order of Business, Motions reading. and Resolutions, and ordered held at the Secretary's desk for one legislative day. Senator Fulcher was recorded present at this order of business. February 15, 2012 February 15, 2012 The HEALTH AND WELFARE Committee reports out SCR 112 with the recommendation that it do pass. Dear Mr. President: LODGE, Chairman I transmit herewith Enrolled H 384 for the signature of the SCR 112 was referred to the Tenth Order of Business, President. Motions and Resolutions, and ordered held at the Secretary's ALEXANDER, Chief Clerk desk for one legislative day. The President signed Enrolled H 384 and ordered it returned February 16, 2012 to the House. The EDUCATION Committee reports it has had under The Senate advanced to the Tenth Order of Business. consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: Motions and Resolutions Brad Corkill to the Public Charter School Commission, term The President announced that the Transportation Committee to expire May 12, 2015. report relative to the Gubernatorial appointment of Jerry Whitehead was before the Senate for final consideration, the Esther Van Wart to the Public Charter School Commission, question being, "Shall the report be adopted?" term to expire May 12, 2015. On motion by Senator Corder, seconded by Wanda Chillingworth Quinn to the Public Charter School Senator Hammond, the Gubernatorial appointment of Jerry Commission, term to expire May 12, 2012. Whitehead as Chair of the Idaho Transportation Board was GOEDDE, Chairman confirmed by voice vote. The Gubernatorial appointments were referred to the Tenth The President declared the report adopted and directed the Order of Business, Motions and Resolutions, and ordered held at Secretary of the Senate to prepare a letter of the Gubernatorial the Secretary's desk for one legislative day. appointment confirmation for his signature, attested to bythe Secretary, to be transmitted to the Governor informing him of Senators Broadsword and Corder were recorded present at the action of the Senate. this order of business. The Senate advanced to the Eleventh Order of Business. February 14, 2012 The TRANSPORTATION Committee reports it has had Introduction, First Reading, and Reference of Bills, under consideration the Gubernatorial appointment listed below House Petitions, Resolutions, and Memorials and the Committee recommends that said appointment be confirmed by the Senate: S 1331 Dwight Horsch to the Idaho Transportation Board, term to BY FINANCE COMMITTEE expire January 31, 2017. AN ACT HAMMOND, Chairman RELATING TO EDUCATION; AMENDING SECTION 33-1004E, IDAHO CODE, TO REVISE PROVISIONS The Gubernatorial appointment was referred to the Tenth RELATING TO CERTAIN ADJUSTMENTS TO A DISTRICT'S Order of Business, Motions and Resolutions, and ordered held SALARY-BASED APPORTIONMENT; AND PROVIDING A at the Secretary's desk for one legislative day. CONTINGENT SUNSET DATE. 100 SENATE JOURNAL February 16, 2012]

S 1332 Report of the Committee of the Whole BY JUDICIARY AND RULES COMMITTEE AN ACT Senator Winder, Chairman of the Committee of the RELATING TO ATTORNEY'S FEES, WITNESS FEES Whole, reported out S 1215, S 1255, and S 1277 , without AND EXPENSES AWARDED IN CERTAIN INSTANCES; recommendation, amended as follows: AMENDING SECTION 12-117, IDAHO CODE, TO REVISE WHEN ATTORNEY'S FEES, WITNESS FEES SENATE AMENDMENT TO S 1215 AND EXPENSES MAY BE AWARDED, TO REVISE AMENDMENT TO THE BILL DEFINITIONS, TO DEFINE A TERM AND TO MAKE On page 8 of the printed bill, following line 29, insert: A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY. "SECTION 5. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full S 1331 and S 1332 were introduced, read the first time at force and effect on and after its passage and approval.". length, and referred to the Judiciary and Rules Committee for printing. CORRECTION TO TITLE On page 1, in line 13, following "REFERENCES" insert: "; H 372 , by State Affairs Committee, was introduced, read the AND DECLARING AN EMERGENCY". first time at length, and referred to the State Affairs Committee. H 460, H 462, H 463, and H 526 , by Resources and SENATE AMENDMENT TO S 1255 Conservation Committee, were introduced, read the first time AMENDMENT TO SECTION 1 at length, and referred to the Resources and Environment On page 2 of the printed bill, in line 31, delete "Unless Committee. otherwise provided by agency rule, r Records" and insert: "Records"; and in line 34, following "persons." insert: "For The Senate advanced to the Twelfth Order of Business. reasons of health and safety, best interests of the child or public interest, the department of health and welfare may provide for the disclosure of records contained within this exemption by Second Reading of Bills rule.". CORRECTION TO TITLE S 1296, S 1302, and S 1303 , by Agricultural Affairs On page 1, delete line 7, and insert: "FROM DISCLOSURE Committee, were read the second time at length and filed for AND TO PROVIDE THAT FOR REASONS OF HEALTH third reading. AND SAFETY, BEST INTERESTS OF THE CHILD OR S 1274 , by Transportation Committee, was read the second PUBLIC INTEREST, THE DEPARTMENT OF HEALTH time at length and filed for third reading. AND WELFARE MAY PROVIDE FOR THE DISCLOSURE OF RECORDS CONTAINED WITHIN A SPECIFIED S 1260, S 1261, S 1262, and S 1273 , by Health and Welfare EXEMPTION BY RULE; AND DECLARING". Committee, were read the second time at length and filed for third reading. SENATE AMENDMENT TO S 1277 H 418 , by Commerce and Human Resources Committee, AMENDMENT TO SECTION 1 was read the second time at length and filed for third reading. On page 2 of the printed bill, in line 2, delete "b" and insert: "n". On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. The Committee also has S 1231 under consideration, reports progress, and begs leave to sit again. Senator Johnson was recorded present at this order of business. WINDER, Chairman On motion by Senator Winder, seconded by Senator McGee, General Calendar the report was adopted by voice vote. S 1215, as amended, S 1255, as amended, and S 1277, as The President declared the Senate resolved into the amended, were referred to the Judiciary and Rules Committee Committee of the Whole and called Senator Winder to the Chair for engrossing and the amendments thereto were referred to the to preside during the sitting of the Committee of the Whole. Judiciary and Rules Committee for printing. The Committee of the Whole rose to report to the President The Senate advanced to the Fifteenth Order of Business. a ruling on a point. The President declared that the Chair of the Committee of the Whole was correct in ruling that amendment Miscellaneous Business 2 to S 1215 was out of order based upon Article III, Section 16 of the Idaho Constitution, Senate Rule 28(D) and Section 402 of On motion by Senator Davis, seconded by Senator Malepeai, Mason's Manual of Legislative Procedure. by voice vote, the Senate adjourned at 11:15 a.m. until the hour of 10:30 a.m., Friday, February 17, 2012. The President declared the Senate resolved back into the Committee of the Whole and called Senator Winder back to BRAD LITTLE, President the Chair to preside during the sitting of the Committee of the Whole. Attest: JENNIFER NOVAK, Secretary Following the adjournment of the Committee of the Whole, the President called the Senate to order. [February 17, 2012 SENATE JOURNAL 101

SENATE JOURNAL Reports of Standing Committees OF THE February 17, 2012 IDAHO LEGISLATURE The JUDICIARY AND RULES Committee reports that S 1331 and S 1332 have been correctly printed. SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE DARRINGTON, Chairman S 1331 was referred to the Education Committee. S 1332 was referred to the Judiciary and Rules Committee. FORTIETH LEGISLATIVE DAY February 16, 2012 FRIDAY, FEBRUARY 17, 2012 The AGRICULTURAL AFFAIRS Committee reports out SCR 117 without recommendation. Senate Chamber SIDDOWAY, Chairman President Pro Tempore Hill called the Senate to order at 10:30 a.m. SCR 117 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day.

Roll call showed all members present except Senators February 16, 2012 Bair, Bilyeu, Brackett, Broadsword, Cameron, Heider, Keough, LeFavour, Mortimer, and Toryanski, absent and excused. The TRANSPORTATION Committee reports out S 1310, S 1312, and S 1313 with the recommendation that they do pass. Prayer was offered by Senator Curt McKenzie. HAMMOND, Chairman The Pledge of Allegiance was led by Tess Warzyn, Page. S 1310, S 1312, and S 1313 were filed for second reading. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fourth Order of Business. February 16, 2012 The JUDICIARY AND RULES Committee reports that Reading of Communications Senate amendments to S 1215, S 1255, and S 1277 have been correctly printed.

January 30, 2012 DARRINGTON, Chairman The Honorable Brad Little The report was ordered filed in the office of the Secretary of President of the Senate the Senate. Idaho Senate February 16, 2012 Dear Mr. President: The JUDICIARY AND RULES Committee reports that Pursuant to Section 72-1508, Idaho Code, I hereby transmit S 1215, as amended, S 1255, as amended, and S 1277, as a copy of the new Legislative plan submitted by the Commission amended, have been correctly engrossed. for Reapportionment. This report includes the revised plan DARRINGTON, Chairman as directed by the Idaho Supreme Court that was adopted on January 30, 2012. S 1215, as amended, S 1255, as amended, and S 1277, as I thank you for your cooperation in this matter. amended, were filed for first reading. Sincerely, February 16, 2012 /s/ Ben Ysursa, Secretary of State The COMMERCE AND HUMAN RESOURCES The correspondence was ordered filed in the office ofthe Committee reports it has had under consideration the Secretary of the Senate. Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate:

On request by Senator Davis, granted by unanimous consent, Jeffery Sayer as the Director of the Department of the Commission for Reapportionment Revised Findings and Commerce, term to continue at the pleasure of the Governor. Conclusions was ordered spread upon the pages of the Journal in the appendix. ANDREASON, Chairman The Gubernatorial appointment was referred to the Tenth On request by Senator Winder, granted by unanimous Order of Business, Motions and Resolutions, and ordered held consent, the Senate advanced to the Sixth Order of Business. at the Secretary's desk for one legislative day. 102 SENATE JOURNAL February 17, 2012]

February 16, 2012 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The COMMERCE AND HUMAN RESOURCES Committee reports out S 1307, S 1308, H 374, and H 375 with S 1333 the recommendation that they do pass. BY FINANCE COMMITTEE AN ACT ANDREASON, Chairman APPROPRIATING ADDITIONAL MONEYS TO THE S 1307, S 1308, H 374, and H 375 were filed for second SECRETARY OF STATE FOR FISCAL YEAR 2012; AND reading. DECLARING AN EMERGENCY. February 16, 2012 S 1333 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. The LOCAL GOVERNMENT AND TAXATION Committee reports out H 438, S 1314, and S 1316 with the S 1215, as amended, by Judiciary and Rules Committee, was recommendation that they do pass. read the first time at length and filed for second reading. CORDER, Chairman S 1255, as amended, and S 1277, as amended, by Health and Welfare Committee, were read the first time at length and filed H 438, S 1314, and S 1316 were filed for second reading. for second reading. February 16, 2012 The Senate advanced to the Twelfth Order of Business. The EDUCATION Committee reports out S 1327, S 1328, and S 1329 with the recommendation that they do pass. Second Reading of Bills GOEDDE, Chairman S 1301 , by Education Committee, was read the second time at length and filed for third reading. S 1327, S 1328, and S 1329 were filed for second reading. S 1298 , by State Affairs Committee, was read the second On request by Senator Winder, granted by unanimous time at length and filed for third reading. consent, the Senate advanced to the Eighth Order of Business. H 391 , by State Affairs Committee, was read the second time Messages from the Governor at length and filed for third reading. February 16, 2012 S 1291 , by Resources and Environment Committee, was read the second time at length and filed for third reading. The Honorable Brad Little President of the Senate The Senate advanced to the Thirteenth Order of Business. Idaho Legislature

Dear Mr. President: Third Reading of Bills I have the honor to inform you that I have signed today and Call of the Senate was requested by Senator Darrington. am transmitting to the Secretary of State the following Senate Senators Davis and Hammond rose in support of the call. Bill, to wit: Whereupon the President ordered the doorkeepers to lock the S 1223 doors permitting no Senator to leave the Senate Chamber. The Sergeant at Arms was instructed to find and present any absent As Always - Idaho, Esto Perpetua members to the Senate. /s/ C.L. "Butch" Otter Governor of Idaho The correspondence was ordered filed in the office ofthe Roll call showed all members present except Senators Secretary of the Senate. Bair, Bilyeu, Brackett, Broadsword, Cameron, Heider, Keough, LeFavour, McGee, Mortimer, and Toryanski, absent. The Senate advanced to the Ninth Order of Business. The President directed the Sergeant at Arms to find and Messages from the House present Senators Bair, Bilyeu, Brackett, Broadsword, Cameron, Heider, Keough, LeFavour, McGee, Mortimer, and Toryanski to February 16, 2012 the Senate. Dear Mr. President: Senators Bair, Bilyeu, Brackett, Broadsword, Cameron, I return herewith Enrolled S 1213 , which has been signed Heider, Keough, LeFavour, McGee, Mortimer, and Toryanski by the Speaker. were recorded present. ALEXANDER, Chief Clerk On request by Senator Darrington, granted by unanimous consent, the Call was lifted. Enrolled S 1213 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. S 1268 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator On request by Senator Winder, granted by unanimous Goedde arose as sponsor of the bill and opened the debate. The consent, the Senate advanced to the Eleventh Order of Business. question being, "Shall the bill pass?" [February 17, 2012 SENATE JOURNAL 103

Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McGee, Malloy (McKague), McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–LeFavour. Total - 1. Total - 35. Whereupon the President Pro Tempore declared S 1268 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Winder, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the Senate, followed by House bills. President Pro Tempore Hill called Senator Darrington to the Chair. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 11:50 a.m. until the hour of 10 a.m., Monday, February 20, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary 104 SENATE JOURNAL February 20, 2012]

SENATE JOURNAL TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CREATE A RIGHT TO TRESPASS ON PRIVATE PROPERTY, OF THE SHALL NOT AFFECT RIGHTS TO DIVERT, APPROPRIATE AND USE WATER, OR ESTABLISH ANY MINIMUM AMOUNT OF WATER IN ANY WATER BODY, AND SHALL IDAHO LEGISLATURE NOT LEAD TO A DIMINUTION OF OTHER PRIVATE RIGHTS; STATING THE QUESTION TO BE SUBMITTED SECOND REGULAR SESSION TO THE ELECTORATE; DIRECTING THE LEGISLATIVE SIXTY-FIRST LEGISLATURE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. FORTY-THIRD LEGISLATIVE DAY SJR 106 was introduced, read the first time at length, and MONDAY, FEBRUARY 20, 2012 referred to the Judiciary and Rules Committee for printing.

Senator Cameron was recorded present at this order of Senate Chamber business. President Little called the Senate to order at 10 a.m. The Senate advanced to the Sixth Order of Business.

Roll call showed all members present except Senators Reports of Standing Committees Andreason and Cameron, absent and excused. February 20, 2012 Prayer was offered by Chaplain Keith Buhler. The JUDICIARY AND RULES Committee reports that The Pledge of Allegiance was led by Jamie Bush, Page. S 1333 has been correctly printed. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman the Senate advanced to the Fifth Order of Business. S 1333 was referred to the Finance Committee. Petitions, Resolutions, and Memorials February 17, 2012 The JUDICIARY AND RULES Committee reports that PETITION TO WAIVE JOINT RULE 20 Enrolled S 1213 was delivered to the Office of the Governor at 1:23 p.m., February 17, 2012. We, the majority leadership of the Senate, petition that the President waive the provisions of Joint Rule 20 pertaining DARRINGTON, Chairman to the limitation on introduction of proposed constitutional amendments, which would permit the introduction and The report was ordered filed in the office of the Secretary of consideration of SJR 106 to amend the Constitution of the State the Senate. of Idaho by preserving for the people of Idaho the rights to hunt, February 17, 2012 fish and trap. The STATE AFFAIRS Committee reports it has had under Signed: consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed /s/ Brent Hill, President Pro Tempore by the Senate: /s/ Bart M. Davis, Majority Leader /s/ Chuck Winder, Assistant Majority Leader J. Marshall Garrett to the Bingo-Raffle Advisory Board, term /s/ John McGee, Majority Caucus Chair to expire January 7, 2015. Upon presentation of the petition, the President waived the Wendy Lively to the Bingo-Raffle Advisory Board, term to provisions of Joint Rule 20 for the introduction of SJR 106. The expire January 7, 2015. correspondence was ordered filed in the office of the Secretary of the Senate. MCKENZIE, Chairman The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at SJR 106 the Secretary's desk for one legislative day. BY STATE AFFAIRS COMMITTEE A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I, OF THE CONSTITUTION OF THE STATE OF IDAHO, BY THE February 17, 2012 ADDITION OF A NEW SECTION 23, ARTICLE I, TO PROVIDE THAT THE RIGHTS TO HUNT, FISH AND TRAP The STATE AFFAIRS Committee reports out H 369, S 1285, ARE A VALUED PART OF THE HERITAGE OF THE STATE and S 1286 with the recommendation that they do pass. OF IDAHO AND SHALL FOREVER BE PRESERVED FOR MCKENZIE, Chairman THE PEOPLE AND MANAGED THROUGH THE LAWS, RULES AND PROCLAMATIONS OF THE STATE AND H 369, S 1285, and S 1286 were filed for second reading. [February 20, 2012 SENATE JOURNAL 105

February 17, 2012 The President announced that SCR 112 was before the Senate for final consideration, the question being, "Shall the The RESOURCES AND ENVIRONMENT Committee resolution be adopted?" reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that On motion by Senator Broadsword, seconded by said appointment be confirmed by the Senate: Senator Schmidt, SCR 112 was adopted by voice vote, title was approved, and the resolution ordered transmitted to the House. Tom Schultz as the Director of the Department of Lands, term to continue at the pleasure of the Governor. Senator Andreason was recorded present at this order of business. PEARCE, Chairman The President announced that SCR 117 was before the The Gubernatorial appointment was referred to the Tenth Senate for final consideration. Order of Business, Motions and Resolutions, and ordered held Moved by Senator Siddoway, seconded by Senator McGee, at the Secretary's desk for one legislative day. that SCR 117 be adopted. The question being, "Shall the February 17, 2012 resolution be adopted?" The RESOURCES AND ENVIRONMENT Committee Pursuant to Senate Rule 39(H), Senator Siddoway disclosed reports out S 1289 and S 1290 with the recommendation that a possible conflict of interest under applicable law. they do pass. Roll call vote was requested by Senator Bock. PEARCE, Chairman Roll call resulted as follows: S 1289 and S 1290 were filed for second reading. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, On request by Senator Davis, granted by unanimous consent, Hill, Johnson, Keough, Lodge, McGee, McKague, McKenzie, the Senate advanced to the Ninth Order of Business. Mortimer, Nuxoll, Pearce, Siddoway, Smyser, Tippets, Toryanski, Messages from the House Vick, Winder. Total - 28. NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, February 17, 2012 Stennett, Werk. Total - 7. Dear Mr. President: Total - 35. I transmit herewith H 464 , which has passed the House. Whereupon the President declared SCR 117 adopted, title was approved, and the resolution ordered transmitted to the ALEXANDER, Chief Clerk House. H 464 was filed for first reading. On request by Senator Davis, granted by unanimous consent, February 17, 2012 the Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, Dear Mr. President: House Petitions, Resolutions, and Memorials I return herewith Enrolled S 1219 and S 1222 , which have been signed by the Speaker. S 1334 BY STATE AFFAIRS COMMITTEE ALEXANDER, Chief Clerk AN ACT RELATING TO A MOTOR VEHICLE INSPECTION AND Enrolled S 1219 and S 1222 were referred to the Judiciary MAINTENANCE PROGRAM; AMENDING SECTION and Rules Committee for transmittal to the Office of the 39-116B, IDAHO CODE, TO PROVIDE FOR A REPAIR Governor. WAIVER AND A HARDSHIP WAIVER AND TO PROVIDE FOR RECOMMENDATIONS TO THE LEGISLATURE The Senate advanced to the Tenth Order of Business. FROM THE DIRECTOR OF THE DEPARTMENT OF Motions and Resolutions ENVIRONMENTAL QUALITY. The President announced that HJM 7 was before the Senate S 1335 for final consideration, the question being, "Shall the memorial BY STATE AFFAIRS COMMITTEE be adopted?" AN ACT RELATING TO THE IDAHO ENERGY RESOURCES On motion by Senator Winder, seconded by Senator Stennett, AUTHORITY; AMENDING SECTION 67-8907, IDAHO HJM 7 was adopted by voice vote, title was approved, and the CODE, TO REDUCE THE AMOUNT OF THE SURETY memorial ordered returned to the House. BONDS THAT OFFICERS MUST EXECUTE. The President announced that HJM 4 was before the Senate S 1334 and S 1335 were introduced, read the first time at for final consideration, the question being, "Shall the memorial length, and referred to the Judiciary and Rules Committee for be adopted?" printing. On motion by Senator McKenzie, seconded by H 464 , by Resources and Conservation Committee, was Senator Stennett, HJM 4 was adopted by voice vote, title was introduced, read the first time at length, and referred to the approved, and the memorial ordered returned to the House. Resources and Environment Committee. 106 SENATE JOURNAL February 20, 2012]

The Senate advanced to the Twelfth Order of Business. IN THE SENATE A SENATE MEMORIAL Second Reading of Bills WHEREAS, the late Senator KENNETH BRADSHAW passed on during the First Regular Session of the Sixty-first Legislature - to wit, February 15, 2011. S 1310, S 1312, and S 1313 , by Transportation Committee, were read the second time at length and filed for third reading. WHEREAS, the late Senator KENNETH BRADSHAW served in the interest of Camas, Gooding and Jerome Counties S 1307 and S 1308 , by Commerce and Human Resources during the Forty-fourth through the Forty- sixth Legislatures of Committee, were read the second time at length and filed for third the State of Idaho. reading. NOW, THEREFORE, BE IT RESOLVED that the Senate of H 374 and H 375 , by Business Committee, were read the the Second Regular Session of the Sixty-first Legislature of the second time at length and filed for third reading. State of Idaho draws public attention by this Memorial to the life H 438 , by Revenue and Taxation Committee, was read the and works of Senator KENNETH BRADSHAW; and second time at length and filed for third reading. BE IT FURTHER RESOLVED that the Senate of the Second S 1314 , by Education Committee, was read the second time Regular Session of the Sixty-first Legislature extends to the at length and filed for third reading. bereaved family the heartfelt sympathy of this entire body; and S 1316 , by Local Government and Taxation Committee, was BE IT FURTHER RESOLVED that the Secretary of the read the second time at length and filed for third reading. Senate be and she is hereby instructed to spread this Memorial upon the Journal of the Senate and to mail copies to the S 1327, S 1328, and S 1329 , by Education Committee, were KENNETH BRADSHAW family. read the second time at length and filed for third reading. On motion by Senator Stennett, seconded by Senator Davis, S 1215, as amended, by Judiciary and Rules Committee, was the Memorial to the late Senator Bradshaw was adopted by voice read the second time at length and filed for third reading. vote. S 1255, as amended, and S 1277, as amended, by Health and IN THE SENATE Welfare Committee, were read the second time at length and filed A SENATE MEMORIAL for third reading. WHEREAS, the late Senator VEARL CRYSTAL passed The Senate advanced to the Thirteenth Order of Business. on since the close of the First Regular Session of the Sixty-first Legislature - to wit, October 20, 2011. Third Reading of Bills WHEREAS, the late Senator VEARL CRYSTAL served in the interest of Custer, Clark, Jefferson, Lemhi and Butte Counties On request by Senator Lodge, granted by unanimous consent, during the Forty-fourth through the Forty-ninth Legislatures of S 1281 was recommitted to the Health and Welfare Committee. the State of Idaho. On request by Senator Davis, granted by unanimous consent, NOW, THEREFORE, BE IT RESOLVED that the Senate of Senate bill S 1274 was placed at the head of the Third Reading the Second Regular Session of the Sixty-first Legislature of the Calendar, followed by Senate bill S 1215aa, followed by all State of Idaho draws public attention by this Memorial to the life remaining Senate bills, followed by House bills amended in the and works of Senator VEARL CRYSTAL; and Senate, followed by House bills. BE IT FURTHER RESOLVED that the Senate of the Second On request by Senator Davis, granted by unanimous consent, Regular Session of the Sixty-first Legislature extends to the the Senate returned to the Tenth Order of Business. bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the Secretary of the Motions and Resolutions Senate be and she is hereby instructed to spread this Memorial upon the Journal of the Senate and to mail copies to the VEARL CRYSTAL family. On request by Senator Davis, granted by unanimous consent, the Senate went at ease and resolved itself into the Committee for On motion by Senator Siddoway, seconded by the Memorial Service. Senator Brackett, the Memorial to the late Senator Crystal was adopted by voice vote. MEMORIAL SERVICE IN THE SENATE A SENATE MEMORIAL The Service was conducted by Memorial Service Committee WHEREAS, the late Senator DON MACKIN passed on Co-chairmen Senator Lee Heider and Senator Dan Schmidt. since the close of the First Regular Session of the Sixty-first The Invocation was delivered by Senator Diane Bilyeu. Dr. Legislature - to wit, April 20, 2011. Marcus Wolfe, on saxophone, and Chuck Smith, on piano, played "Andante con gravita" by W. Ferling, Op.31. The Service WHEREAS, the late Senator DON MACKIN served in was coordinated by June Keithly, Executive Assistant to the the interest of Latah County during the Forty-ninth through the Secretary of the Senate. Fiftieth Legislatures of the State of Idaho. [February 20, 2012 SENATE JOURNAL 107

NOW, THEREFORE, BE IT RESOLVED that the Senate of BE IT FURTHER RESOLVED that the Secretary of the the Second Regular Session of the Sixty-first Legislature of the Senate be and she is hereby instructed to spread this Memorial State of Idaho draws public attention by this Memorial to the life upon the Journal of the Senate and to mail copies to the and works of Senator DON MACKIN; and WARREN ISRAEL MERRILL family. BE IT FURTHER RESOLVED that the Senate of the Second On motion by Senator Bair, seconded by Senator Stennett, Regular Session of the Sixty-first Legislature extends to the the Memorial to the late Senator Merrill was adopted by voice bereaved family the heartfelt sympathy of this entire body; and vote. BE IT FURTHER RESOLVED that the Secretary of the IN THE SENATE Senate be and she is hereby instructed to spread this Memorial A SENATE MEMORIAL upon the Journal of the Senate and to mail copies to the DON MACKIN family. WHEREAS, the late Senator JAMES McCLURE passed on during the First Regular Session of the Sixty-first Legislature - to On motion by Senator Schmidt, seconded by wit, February 26, 2011. Senator Darrington, the Memorial to the late Senator Mackin was adopted by voice vote. WHEREAS, the late Senator JAMES McCLURE served in the interest of Payette County during the Thirty-sixth through the Thirty-eighth Legislatures of the State of Idaho. IN THE SENATE A SENATE MEMORIAL NOW, THEREFORE, BE IT RESOLVED that the Senate of the Second Regular Session of the Sixty-first Legislature of the WHEREAS, the late Senator WILLIAM CRUTCHER State of Idaho draws public attention by this Memorial to the life passed on since the close of the First Regular Session of the and works of Senator JAMES McCLURE; and Sixty-first Legislature - to wit, July 9, 2011. BE IT FURTHER RESOLVED that the Senate of the Second WHEREAS, the late Senator WILLIAM CRUTCHER Regular Session of the Sixty-first Legislature extends to the served in the interest of Clearwater and Nez Perce Counties bereaved family the heartfelt sympathy of this entire body; and during the Thirty-ninth through the Fortieth Legislatures of the State of Idaho. BE IT FURTHER RESOLVED that the Secretary of the Senate be and she is hereby instructed to spread this Memorial NOW, THEREFORE, BE IT RESOLVED that the Senate of upon the Journal of the Senate and to mail copies to the JAMES the Second Regular Session of the Sixty-first Legislature of the McCLURE family. State of Idaho draws public attention by this Memorial to the life and works of Senator WILLIAM CRUTCHER; and On motion by Senator Pearce, seconded by Senator Fulcher, the Memorial to the late Senator McClure was adopted by voice BE IT FURTHER RESOLVED that the Senate of the Second vote. Regular Session of the Sixty-first Legislature extends to the bereaved family the heartfelt sympathy of this entire body; and Dr. Marcus Wolf, on saxophone, and Chuck Smith, on piano, played "Adagio con espressione" by W. Ferling, Op. 31. BE IT FURTHER RESOLVED that the Secretary of the The Benediction was offered by Senator Russell Fulcher, and Senate be and she is hereby instructed to spread this Memorial the Memorial Service was dissolved. upon the Journal of the Senate and to mail copies to the WILLIAM CRUTCHER family. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. On motion by Senator Johnson, seconded by Senator Bilyeu, the Memorial to the late Senator Crutcher was adopted by voice Miscellaneous Business vote. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:40 p.m. until the hour IN THE SENATE of 10 a.m., Tuesday, February 21, 2012. A SENATE MEMORIAL BRAD LITTLE, President WHEREAS, the late Senator WARREN ISRAEL MERRILL passed on during the First Regular Session of the Sixty-first Attest: JENNIFER NOVAK, Secretary Legislature - to wit, February 28, 2011. WHEREAS, the late Senator WARREN ISRAEL MERRILL served in the interest of Bingham County during the Forty-fourth through the Forty-seventh Legislatures of the State of Idaho. NOW, THEREFORE, BE IT RESOLVED that the Senate of the Second Regular Session of the Sixty-first Legislature of the State of Idaho draws public attention by this Memorial to the life and works of Senator WARREN ISRAEL MERRILL; and BE IT FURTHER RESOLVED that the Senate of the Second Regular Session of the Sixty-first Legislature extends to the bereaved family the heartfelt sympathy of this entire body; and 108 SENATE JOURNAL February 21, 2012]

SENATE JOURNAL Sam Haws as the Administrator of the Office on Aging, term to continue at the pleasure of the Governor. OF THE MCKENZIE, Chairman IDAHO LEGISLATURE The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at SECOND REGULAR SESSION the Secretary's desk for one legislative day. SIXTY-FIRST LEGISLATURE February 20, 2012 The STATE AFFAIRS Committee reports out H 405 and SCR 116 with the recommendation that they do pass. FORTY-FOURTH LEGISLATIVE DAY MCKENZIE, Chairman TUESDAY, FEBRUARY 21, 2012 H 405 was filed for second reading.

Senate Chamber SCR 116 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's President Pro Tempore Hill called the Senate to order desk for one legislative day. at 10 a.m. February 20, 2012 The FINANCE Committee reports out S 1333 with the Roll call showed all members present except Senators recommendation that it do pass. Andreason and Bair, absent and excused. Prayer was offered by Chaplain Keith Buhler. CAMERON, Chairman The Pledge of Allegiance was led by Nathan Chelson, Page. S 1333 was filed for second reading. The Senate advanced to the Third Order of Business. February 20, 2012 Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that Enrolled S 1219 and S 1222 were delivered to the Office of the The JUDICIARY AND RULES Committee reports that the Governor at 1:35 p.m., February 20, 2012. Senate Journals of the proceedings of February 16, February 17 and February 20, 2012, were read and approved as corrected. DARRINGTON, Chairman DARRINGTON, Chairman The report was ordered filed in the office of the Secretary of There being no objection, the report was adopted and ordered the Senate. filed in the office of the Secretary of the Senate. February 20, 2012 On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointments listed Reports of Standing Committees below and the Committee recommends that said appointments be confirmed by the Senate: Senators Andreason and Bair were recorded present at this order of business. John Randolph MacMillan to the Board of Environmental February 21, 2012 Quality, term to expire July 1, 2015. The JUDICIARY AND RULES Committee reports that Kevin C. Boling to the Board of Environmental Quality, term S 1334, S 1335, and SJR 106 have been correctly printed. to expire July 1, 2015. DARRINGTON, Chairman Nick Purdy to the Board of Environmental Quality, term to expire July 1, 2015. S 1334 was referred to the Transportation Committee. S 1335 was referred to the State Affairs Committee. LODGE, Chairman SJR 106 was referred to the Resources and Environment The Gubernatorial appointments were referred to the Tenth Committee. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. February 20, 2012 February 20, 2012 The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointments listed below and The HEALTH AND WELFARE Committee reports out the Committee recommends that said appointments be confirmed S 1294 with the recommendation that it do pass. by the Senate: LODGE, Chairman E. Robert (Bob) Mooney to the Idaho Energy Resources Authority, term to expire June 30, 2015. S 1294 was filed for second reading. [February 21, 2012 SENATE JOURNAL 109

February 20, 2012 The Senate advanced to the Tenth Order of Business. The EDUCATION Committee reports out S 1299 with the Motions and Resolutions recommendation that it do pass. The President Pro Tempore announced that the State Affairs GOEDDE, Chairman Committee report relative to the Gubernatorial reappointment of Hyong K. Pak was before the Senate for final consideration, the S 1299 was filed for second reading. question being, "Shall the report be adopted?" February 20, 2012 On motion by Senator Heider, seconded by Senator Stennett, the Gubernatorial reappointment of Hyong K. Pak as a member of The RESOURCES AND ENVIRONMENT Committee the Idaho Commission on Human Rights was confirmed by voice reports out S 1256 with the recommendation that it do pass. vote. PEARCE, Chairman The President Pro Tempore declared the report adopted S 1256 was filed for second reading. and directed the Secretary of the Senate to prepare a letter of the Gubernatorial reappointment confirmation for his signature, On request by Senator Davis, granted by unanimous consent, attested to by the Secretary, to be transmitted to the Governor the Senate advanced to the Eighth Order of Business. informing him of the action of the Senate. Messages from the Governor The President Pro Tempore announced that the State Affairs Committee report relative to the Gubernatorial reappointment of February 20, 2012 Ruthie Johnson was before the Senate for final consideration, the question being, "Shall the report be adopted?" The Honorable Brad Little President of the Senate On motion by Senator Vick, seconded by Senator Werk, the Idaho Legislature Gubernatorial reappointment of Ruthie Johnson as a member of the Idaho Commission on Human Rights was confirmed by voice Dear Mr. President: vote. I have the honor to inform you that I have signed today and The President Pro Tempore declared the report adopted am transmitting to the Secretary of State the following Senate and directed the Secretary of the Senate to prepare a letter of Bill, to wit: the Gubernatorial reappointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor S 1237 informing him of the action of the Senate. As Always - Idaho, Esto Perpetua The President Pro Tempore announced that the Education /s/ C.L. "Butch" Otter Committee report relative to the Gubernatorial reappointment of Governor of Idaho Brad Corkill was before the Senate for final consideration, the The correspondence was ordered filed in the office ofthe question being, "Shall the report be adopted?" Secretary of the Senate. On motion by Senator Goedde, seconded by Senator Werk, The Senate advanced to the Ninth Order of Business. the Gubernatorial reappointment of Brad Corkill as a member of the Public Charter School Commission was confirmed by voice vote. Messages from the House The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of February 20, 2012 the Gubernatorial reappointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor Dear Mr. President: informing him of the action of the Senate. I transmit herewith HCR 33 and H 450 , which have passed The President Pro Tempore announced that the Education the House. Committee report relative to the Gubernatorial reappointment of Esther Van Wart was before the Senate for final consideration, the ALEXANDER, Chief Clerk question being, "Shall the report be adopted?" HCR 33 and H 450 were filed for first reading. On motion by Senator Malepeai, seconded by Senator Goedde, the Gubernatorial reappointment of Esther Van February 20, 2012 Wart as a member of the Public Charter School Commission Dear Mr. President: was confirmed by voice vote. I transmit herewith Enrolled H 404, as amended in the The President Pro Tempore declared the report adopted Senate, for the signature of the President. and directed the Secretary of the Senate to prepare a letter of the Gubernatorial reappointment confirmation for his signature, ALEXANDER, Chief Clerk attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President Pro Tempore signed Enrolled H 404, as amended in the Senate, and ordered it returned to the House. 110 SENATE JOURNAL February 21, 2012]

The President Pro Tempore announced that the Education The President Pro Tempore declared the report adopted Committee report relative to the Gubernatorial appointment of and directed the Secretary of the Senate to prepare a letter of Wanda Chillingworth Quinn was before the Senate for final the Gubernatorial reappointment confirmation for his signature, consideration, the question being, "Shall the report be adopted?" attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. On motion by Senator Goedde, seconded by Senator Stennett, the Gubernatorial appointment of Wanda The President Pro Tempore announced that the Resources Chillingworth Quinn as a member of the Public Charter School and Environment Committee report relative to the Gubernatorial Commission was confirmed by voice vote. appointment of Tom Schultz was before the Senate for final consideration, the question being, "Shall the report be adopted?" The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of On motion by Senator Pearce, seconded by Senator Werk, the the Gubernatorial appointment confirmation for his signature, Gubernatorial appointment of Tom Schultz as the Director of the attested to by the Secretary, to be transmitted to the Governor Department of Lands was confirmed by voice vote. informing him of the action of the Senate. The President Pro Tempore declared the report adopted The President Pro Tempore announced that the and directed the Secretary of the Senate to prepare a letter of Transportation Committee report relative to the Gubernatorial the Gubernatorial appointment confirmation for his signature, appointment of Dwight Horsch was before the Senate for final attested to by the Secretary, to be transmitted to the Governor consideration, the question being, "Shall the report be adopted?" informing him of the action of the Senate. On motion by Senator Bilyeu, seconded by Senator Lodge, The Senate advanced to the Eleventh Order of Business. the Gubernatorial appointment of Dwight Horsch as a member of the Idaho Transportation Board was confirmed by voice vote. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of S 1336 the Gubernatorial appointment confirmation for his signature, BY STATE AFFAIRS COMMITTEE attested to by the Secretary, to be transmitted to the Governor AN ACT informing him of the action of the Senate. RELATING TO WORKER'S COMPENSATION; AMENDING The President Pro Tempore announced that the Commerce SECTION 72-438, IDAHO CODE, TO PROVIDE THAT and Human Resources Committee report relative to the COMPENSATION SHALL BE PAYABLE FOR DISABILITY Gubernatorial appointment of Jeffery Sayer was before the OR DEATH RESULTING FROM CERTAIN FIREFIGHTER Senate for final consideration, the question being, "Shall the OCCUPATIONAL DISEASES, TO DEFINE A TERM, report be adopted?" TO PROVIDE A REBUTTABLE PRESUMPTION OF PROXIMATE CAUSATION BETWEEN SPECIFIED On motion by Senator Smyser, seconded by Senator Bilyeu, DISEASES AND EMPLOYMENT AS A FIREFIGHTER, the Gubernatorial appointment of Jeffery Sayer as the Director of TO PROVIDE FOR REBUTTAL OF THE PRESUMPTION, the Department of Commerce was confirmed by voice vote. TO PROVIDE FOR THE DEMONSTRATION OF CAUSAL CONNECTION, TO PROVIDE THAT THE PRESUMPTION The President Pro Tempore declared the report adopted SHALL NOT APPLY UNDER CERTAIN CIRCUMSTANCES and directed the Secretary of the Senate to prepare a letter of AND TO MAKE A TECHNICAL CORRECTION. the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor S 1337 informing him of the action of the Senate. BY JUDICIARY AND RULES COMMITTEE AN ACT The President Pro Tempore announced that the State Affairs RELATING TO THE SEXUAL EXPLOITATION OF A Committee report relative to the Gubernatorial appointment of J. CHILD; AMENDING SECTION 18-1505B, IDAHO CODE, Marshall Garrett was before the Senate for final consideration, the TO DEFINE A TERM, TO REVISE A DEFINITION AND TO question being, "Shall the report be adopted?" REMOVE A CODE REFERENCE; AMENDING SECTION On motion by Senator Stennett, seconded by Senator McGee, 18-1507, IDAHO CODE, TO REMOVE LEGISLATIVE the Gubernatorial appointment of J. Marshall Garrett as a member FINDINGS, TO REMOVE A DEFINITION, TO REVISE A of the Bingo-Raffle Advisory Board was confirmed by voice vote. DEFINITION AND TO REVISE PROVISIONS RELATING TO SEXUAL EXPLOITATION OF A CHILD AND The President Pro Tempore declared the report adopted PENALTIES; REPEALING SECTION 18-1507A, IDAHO and directed the Secretary of the Senate to prepare a letter of CODE, RELATING TO POSSESSION OF SEXUALLY the Gubernatorial appointment confirmation for his signature, EXPLOITATIVE MATERIAL FOR OTHER THAN A attested to by the Secretary, to be transmitted to the Governor COMMERCIAL PURPOSE; AMENDING SECTION 18-8304, informing him of the action of the Senate. IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING The President Pro Tempore announced that the State Affairs SECTION 19-3004A, IDAHO CODE, TO REMOVE A CODE Committee report relative to the Gubernatorial reappointment of REFERENCE; AMENDING SECTION 19-5506, IDAHO Wendy Lively was before the Senate for final consideration, the CODE, TO REVISE A CODE REFERENCE; AMENDING question being, "Shall the report be adopted?" SECTION 33-1208, IDAHO CODE, TO REMOVE A CODE On motion by Senator Davis, seconded by Senator Stennett, REFERENCE; AND AMENDING SECTION 39-1113, IDAHO the Gubernatorial reappointment of Wendy Lively as a member CODE, TO REMOVE CODE REFERENCES. of the Bingo-Raffle Advisory Board was confirmed by voice vote. [February 21, 2012 SENATE JOURNAL 111

S 1338 The Senate advanced to the Twelfth Order of Business. BY JUDICIARY AND RULES COMMITTEE AN ACT Second Reading of Bills RELATING TO ENTICING A CHILD; AMENDING SECTION H 369 , by Transportation and Defense Committee, was read 18-1509A, IDAHO CODE, TO REVISE A SHORT TITLE, the second time at length and filed for third reading. TO REVISE PROVISIONS RELATING TO ENTICING A CHILD THROUGH USE OF THE INTERNET OR OTHER S 1285 and S 1286 , by State Affairs Committee, were read COMMUNICATION DEVICE AND TO PROVIDE THAT IT the second time at length and filed for third reading. IS NOT NECESSARY FOR THE PROSECUTION TO MAKE S 1289 and S 1290 , by Resources and Environment A CERTAIN SHOWING IN A CERTAIN PROSECUTION. Committee, were read the second time at length and filed for third reading. S 1339 BY JUDICIARY AND RULES COMMITTEE The Senate advanced to the Thirteenth Order of Business. AN ACT RELATING TO THE IDAHO TRADE SECRETS ACT; Third Reading of Bills AMENDING SECTION 48-801, IDAHO CODE, TO REVISE S 1274 was read the third time at length, section by section, DEFINITIONS; AND AMENDING SECTION 48-803, IDAHO and placed before the Senate for final consideration. Senators CODE, TO REVISE PROVISIONS RELATING TO DAMAGES Hammond and Lodge arose as co-sponsors of the bill and opened AND FEES. the debate. The question being, "Shall the bill pass?" S 1340 Roll call resulted as follows: BY JUDICIARY AND RULES COMMITTEE AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AN ACT Broadsword, Cameron, Corder, Darrington, Davis, Goedde, RELATING TO COSTS OF COURT ORDERED TESTING; Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AMENDING SECTION 19-2608, IDAHO CODE, TO Malepeai, McGee, Mortimer, Schmidt, Siddoway, Smyser, REVISE PROVISIONS RELATING TO THE COSTS OF Stennett, Tippets, Toryanski, Werk, Winder. Total - 29. CERTAIN COURT ORDERED TESTING; AMENDING CHAPTER 39, TITLE 19, IDAHO CODE, BY THE NAYS–Fulcher, McKague, McKenzie, Nuxoll, Pearce, Vick. ADDITION OF A NEW SECTION 19-3922, IDAHO CODE, Total - 6. TO PROVIDE REQUIREMENTS FOR THE PAYMENT OF CERTAIN COURT ORDERED TESTS AND TO Total - 35. PROVIDE FOR A WAIVER OF SUCH REQUIREMENTS; Whereupon the President Pro Tempore declared AMENDING SECTION 20-225, IDAHO CODE, TO PROVIDE S 1274 passed, title was approved, and the bill ordered PROVISIONS RELATING TO COURT ORDERED COSTS transmitted to the House. AND FEES; AND AMENDING SECTION 31-3201D, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO COURT On request by Senator Davis, granted by unanimous consent, ORDERED COSTS AND FEES. SJR 104 retained its place on the Third Reading Calendar for Friday, March 2, 2012. S 1341 On request by Senator Davis, granted by unanimous consent, BY JUDICIARY AND RULES COMMITTEE S 1296 retained its place on the Third Reading Calendar for one AN ACT legislative day. RELATING TO THE SEXUAL OFFENDER REGISTRATION ACT; AMENDING SECTION 18-8304, IDAHO CODE, S 1215, as amended, was read the third time at length, section TO REMOVE PROVISIONS RELATING TO CERTAIN by section, and placed before the Senate for final consideration. EXEMPTIONS AND TO MAKE A TECHNICAL Senator Darrington arose as sponsor of the bill and opened the CORRECTION; AND AMENDING CHAPTER 83, TITLE debate. The question being, "Shall the bill pass?" 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8310A, IDAHO CODE, TO PROVIDE A Roll call resulted as follows: PETITION PROCESS FOR CERTAIN PERSONS TO BE AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, EXEMPTED FROM THE DUTY TO REGISTER AS A Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, SEXUAL OFFENDER, TO GRANT THE DISTRICT COURT Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, THE AUTHORITY TO EXEMPT CERTAIN PERSONS FROM McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, THE DUTY TO REGISTER AS A SEXUAL OFFENDER Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, AND TO ALLOW FOR EXPUNGEMENT. Werk, Winder. Total - 33. S 1336, S 1337, S 1338, S 1339, S 1340, and S 1341 were NAYS–None. introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Absent and excused–Brackett, Corder. Total - 2. HCR 33 , by Revenue and Taxation Committee, was Total - 35. introduced, read the first time at length, and referred to the Local Whereupon the President Pro Tempore declared S 1215, Government and Taxation Committee. as amended, passed, title was approved, and the bill ordered transmitted to the House. H 450 , by Judiciary, Rules, and Administration Committee, was introduced, read the first time at length, and referred to the On request by Senator Davis, granted by unanimous consent, State Affairs Committee. S 1283 retained its place on the Third Reading Calendar for one legislative day. 112 SENATE JOURNAL February 21, 2012]

S 1292 was read the third time at length, section by section, Whereupon the President Pro Tempore declared and placed before the Senate for final consideration. Senator S 1261 passed, title was approved, and the bill ordered Darrington arose as sponsor of the bill and opened the debate. transmitted to the House. The question being, "Shall the bill pass?" S 1262 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Schmidt arose as sponsor of the bill and opened the debate. The AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, question being, "Shall the bill pass?" Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Roll call resulted as follows: McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Winder. Total - 32. Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, NAYS–Werk. Total - 1. McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Absent and excused–Brackett, Corder. Total - 2. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President Pro Tempore declared S 1292 passed, title was approved, and the bill ordered Absent and excused–Brackett, Corder. Total - 2. transmitted to the House. Total - 35.

On request by Senator Davis, granted by unanimous consent, Whereupon the President Pro Tempore declared S 1302 and S 1303 retained their place on the Third Reading S 1262 passed, title was approved, and the bill ordered Calendar for one legislative day. transmitted to the House. S 1273 was read the third time at length, section by section, S 1260 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Nuxoll arose as sponsor of the bill and opened the debate. The Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Brackett, Corder. Total - 2. Absent and excused–Brackett, Corder. Total - 2. Total - 35. Total - 35. Whereupon the President Pro Tempore declared Whereupon the President Pro Tempore declared S 1273 passed, title was approved, and the bill ordered S 1260 passed, title was approved, and the bill ordered transmitted to the House. transmitted to the House. S 1301 was read the third time at length, section by section, S 1261 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Fulcher arose as sponsor of the bill and opened the debate. The Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, AYES–Andreason, Bair, Bilyeu, Davis, Fulcher, Goedde, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Pearce, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 27. Werk, Winder. Total - 33. NAYS–Bock, Broadsword, Cameron, Darrington, Schmidt, NAYS–None. Werk. Total - 6. Absent and excused–Brackett, Corder. Total - 2. Absent and excused–Brackett, Corder. Total - 2. Total - 35. Total - 35. [February 21, 2012 SENATE JOURNAL 113

Whereupon the President Pro Tempore declared Roll call resulted as follows: S 1301 passed, title was approved, and the bill ordered transmitted to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, On request by Senator Davis, granted by unanimous consent, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, the Senate returned to the Sixth Order of Business. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Reports of Standing Committees NAYS–None. Absent and excused–Corder. Total - 1. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate recessed at 12:05 p.m. until the hour of Total - 35. 4:30 p.m. of this day. Whereupon the President declared S 1291 passed, title was approved, and the bill ordered transmitted to the House. RECESS AFTERNOON SESSION S 1310 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The The Senate reconvened at 4:30 p.m., pursuant to recess, question being, "Shall the bill pass?" President Little presiding. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call showed all members present except President Pro Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Tempore Hill and Senators Corder, Davis, LeFavour, Malepeai, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, and McGee, absent and excused. Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, Prior to recess the Senate was at the Sixth Order of Business, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Reports of Standing Committees. Toryanski, Vick, Werk, Winder. Total - 34. On request by Senator Winder, granted by unanimous NAYS–None. consent, the Senate advanced to the Thirteenth Order of Business. Absent and excused–Corder. Total - 1.

Third Reading of Bills Total - 35. Whereupon the President declared S 1310 passed, title was President Pro Tempore Hill and Senators LeFavour, Davis, approved, and the bill ordered transmitted to the House. and McGee were recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, S 1298 was read the third time at length, section by section, S 1312 retained its place on the Third Reading Calendar for one and placed before the Senate for final consideration. Senator legislative day. McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1313 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Brackett arose as sponsor of the bill and opened the debate. The AYES–Andreason, Bair, Bilyeu, Bock, Brackett, question being, "Shall the bill pass?" Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Roll call resulted as follows: Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Werk, Winder. Total - 33. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, NAYS–None. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Absent and excused–Corder, Malepeai. Total - 2. Toryanski, Vick, Werk, Winder. Total - 34. Total - 35. NAYS–None. Whereupon the President declared S 1298 passed, title was Absent and excused–Corder. Total - 1. approved, and the bill ordered transmitted to the House. Total - 35.

Senator Malepeai was recorded present at this order of Whereupon the President declared S 1313 passed, title was business. approved, and the bill ordered transmitted to the House. S 1291 was read the third time at length, section by section, S 1307 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The Davis arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" 114 SENATE JOURNAL February 21, 2012]

Roll call resulted as follows: Miscellaneous Business AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, On motion by Senator Davis, seconded by Senator Malepeai, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, by voice vote, the Senate adjourned at 5:20 p.m. until the hour of Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, 10 a.m., Wednesday, February 22, 2012. Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. BRAD LITTLE, President NAYS–None. Attest: JENNIFER NOVAK, Secretary Absent and excused–Corder. Total - 1. Total - 35. Whereupon the President declared S 1307 passed, title was approved, and the bill ordered transmitted to the House.

S 1308 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. Absent and excused–Corder. Total - 1. Total - 35. Whereupon the President declared S 1308 passed, title was approved, and the bill ordered transmitted to the House.

S 1314 was read the third time at length, section by section, and placed before the Senate for final consideration. President Pro Tempore Hill arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McGee, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. Absent and excused–Corder. Total - 1. Total - 35. Whereupon the President declared S 1314 passed, title was approved, and the bill ordered transmitted to the House.

On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. [February 22, 2012 SENATE JOURNAL 115

SENATE JOURNAL The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held OF THE at the Secretary's desk for one legislative day. IDAHO LEGISLATURE February 21, 2012 The COMMERCE AND HUMAN RESOURCES SECOND REGULAR SESSION Committee reports out H 407, H 408, H 409, and H 469 with SIXTY-FIRST LEGISLATURE the recommendation that they do pass. ANDREASON, Chairman H 407, H 408, H 409, and H 469 were filed for second reading. FORTY-FIFTH LEGISLATIVE DAY February 21, 2012 WEDNESDAY, FEBRUARY 22, 2012 The TRANSPORTATION Committee reports out H 473 with the recommendation that it do pass. Senate Chamber HAMMOND, Chairman At the request of the President Pro Tempore, Senator Darrington called the Senate to order at 10 a.m. H 473 was filed for second reading. February 21, 2012

Roll call showed all members present except President Pro The LOCAL GOVERNMENT AND TAXATION Tempore Hill and Senators Davis, Fulcher, Malepeai, McGee, Committee reports out H 417 with the recommendation that it McKenzie, and Siddoway, absent and excused. do pass. Prayer was offered by Chaplain Keith Buhler. CORDER, Chairman The Pledge of Allegiance was led by Marc Christensen, Page. H 417 was filed for second reading. The Senate advanced to the Third Order of Business. February 21, 2012 Reading and Correction of the Journal The EDUCATION Committee reports out H 393, as amended, with the recommendation that it do pass. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 21, 2012, was read GOEDDE, Chairman and approved as corrected. H 393, as amended, was filed for second reading. DARRINGTON, Chairman On request by Senator Winder, granted by unanimous There being no objection, the report was adopted and ordered consent, the Senate advanced to the Ninth Order of Business. filed in the office of the Secretary of the Senate. Messages from the House On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. February 21, 2012 Reports of Standing Committees Dear Mr. President: February 22, 2012 I transmit herewith H 448, H 497, H 490, H 441, H 442, and H 506 , which have passed the House. The JUDICIARY AND RULES Committee reports that S 1336, S 1337, S 1338, S 1339, S 1340, and S 1341 have been ALEXANDER, Chief Clerk correctly printed. H 448, H 497, H 490, H 441, H 442, and H 506 were filed DARRINGTON, Chairman for first reading. S 1336 was referred to the State Affairs Committee. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. S 1337, S 1338, S 1339, S 1340, and S 1341 were referred to the Judiciary and Rules Committee. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials February 21, 2012 H 448 and H 497 , by Judiciary, Rules, and Administration The JUDICIARY AND RULES Committee reports it has Committee, were introduced, read the first time at length, and had under consideration the Gubernatorial appointment listed referred to the Judiciary and Rules Committee. below and the Committee recommends that said appointment be confirmed by the Senate: H 490 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. Sara B. Thomas as the State Appellate Public Defender, term to expire August 1, 2014. H 441 and H 442 , by Health and Welfare Committee, were introduced, read the first time at length, and referred to the Health DARRINGTON, Chairman and Welfare Committee. 116 SENATE JOURNAL February 22, 2012]

H 506 , by Local Government Committee, was introduced, The Acting President declared the report adopted and read the first time at length, and referred to the Local Government directed the Secretary of the Senate to prepare a letter of the and Taxation Committee. Gubernatorial reappointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor The Senate advanced to the Twelfth Order of Business. informing him of the action of the Senate. Senators McKenzie and Siddoway were recorded present at Second Reading of Bills this order of business. The Acting President announced that the Health and Welfare H 405 , by Health and Welfare Committee, was read the Committee report relative to the Gubernatorial appointment of second time at length and filed for third reading. Kevin C. Boling was before the Senate for final consideration, S 1333 , by Finance Committee, was read the second time at the question being, "Shall the report be adopted?" length and filed for third reading. On motion by Senator Vick, seconded by Senator Stennett, S 1294 , by Health and Welfare Committee, was read the the Gubernatorial appointment of Kevin C. Boling as a member second time at length and filed for third reading. of the Board of Environmental Quality was confirmed by voice vote. S 1299 , by Judiciary and Rules Committee, was read the second time at length and filed for third reading. The Acting President declared the report adopted and directed the Secretary of the Senate to prepare a letter of S 1256 , by Resources and Environment Committee, was the Gubernatorial appointment confirmation for his signature, read the second time at length and filed for third reading. attested to by the Secretary, to be transmitted to the Governor On request by Senator Winder, granted by unanimous informing him of the action of the Senate. consent, the Senate returned to the Tenth Order of Business. The Acting President announced that the Health and Welfare Committee report relative to the Gubernatorial reappointment of Motions and Resolutions Nick Purdy was before the Senate for final consideration, the question being, "Shall the report be adopted?"

The Acting President announced that the State Affairs On motion by Senator Lodge, seconded by Senator Bilyeu, Committee report relative to the Gubernatorial reappointment the Gubernatorial reappointment of Nick Purdy as a member of of E. Robert (Bob) Mooney was before the Senate for final the Board of Environmental Quality was confirmed by voice vote. consideration, the question being, "Shall the report be adopted?" The Acting President declared the report adopted and On motion by Senator Winder, seconded by Senator Stennett, directed the Secretary of the Senate to prepare a letter of the the Gubernatorial reappointment of E. Robert (Bob) Mooney as a Gubernatorial reappointment confirmation for his signature, member of the Idaho Energy Resources Authority was confirmed attested to by the Secretary, to be transmitted to the Governor by voice vote. informing him of the action of the Senate. The Acting President declared the report adopted and The Acting President announced that SCR 116 was before directed the Secretary of the Senate to prepare a letter of the the Senate for final consideration, the question being, "Shall the Gubernatorial reappointment confirmation for his signature, resolution be adopted?" attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. On motion by Senator Hammond, seconded by Senator Stennett, SCR 116 was adopted by voice vote, title was The Acting President announced that the State Affairs approved, and the resolution ordered transmitted to the House. Committee report relative to the Gubernatorial appointment of Sam Haws was before the Senate for final consideration, the On request by Senator Winder, granted by unanimous question being, "Shall the report be adopted?" consent, the Senate advanced to the Thirteenth Order of Business. On motion by Senator Lodge, seconded by Senator Bilyeu, the Gubernatorial appointment of Sam Haws as the Administrator Third Reading of Bills of the Office on Aging was confirmed by voice vote.

The Acting President declared the report adopted and President Pro Tempore Hill and Senators Davis and Malepeai directed the Secretary of the Senate to prepare a letter of were recorded present at this order of business. the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor S 1283 was read the third time at length, section by section, informing him of the action of the Senate. and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. The Acting President announced that the Health and Welfare Committee report relative to the Gubernatorial reappointment Pursuant to Senate Rule 39(H), Senator Siddoway disclosed of John Randolph MacMillan was before the Senate for final a possible conflict of interest under applicable law. consideration, the question being, "Shall the report be adopted?" On request by Senator Davis, granted by unanimous consent, On motion by Senator Heider, seconded by Senator Stennett, S 1283 retained its place on the Third Reading Calendar. the Gubernatorial reappointment of John Randolph MacMillan as a member of the Board of Environmental Quality was confirmed On request by Senator Davis, granted by unanimous consent, by voice vote. the Senate returned to the Tenth Order of Business. [February 22, 2012 SENATE JOURNAL 117

Motions and Resolutions On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. At this time Senator Davis arose on a point of personal privilege to announce that a distinguished visitor had arrived, Miscellaneous Business and the Acting President appointed Senator Corder, Chairman, and Senators Broadsword, and Bilyeu to escort The Honorable At this time Senator Davis arose on a point of personal Mike Crapo, United States Senator, into the Senate Chamber privilege to recognize the distinguished justices of the Idaho where he addressed the members of the Senate. Supreme Court and judges of the Idaho District Courts and Idaho Magistrate Courts. The Acting President thanked Senator Crapo for his remarks and Senators Corder, Broadsword, and Bilyeu escorted him from On motion by Senator Davis, seconded by Senator Malepeai, the Chamber, and the Committee was discharged. by voice vote, the Senate adjourned at 12:05 p.m. until the hour of 10 a.m., Thursday, February 23, 2012. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. DENTON DARRINGTON, Acting President Third Reading of Bills Attest: JENNIFER NOVAK, Secretary S 1283 , having been held, having previously been read the third time at length and debate having previously been opened, was before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and reopened the debate. The question being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Brackett disclosed a possible conflict of interest under applicable law. Senator Fulcher was recorded present at this order of business. Roll call resulted as follows: AYES–Andreason, Bair, Brackett, Cameron, Darrington, Fulcher, Hammond, Heider, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Siddoway, Vick, Winder. Total - 17. NAYS–Bilyeu, Bock, Broadsword, Corder, Davis, Goedde, Hill, Johnson, Keough, LeFavour, Malepeai, Schmidt, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 17. Absent and excused–McGee. Total - 1. Total - 35. A tie vote having resulted in the roll call, the Acting President declared that S 1283 had failed to pass the Senate and ordered the bill filed in the office of the Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, S 1296 was recommitted to the Agricultural Affairs Committee. S 1302 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Corder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. Absent and excused–McGee. Total - 1. Total - 35. Whereupon the Acting President declared S 1302 passed, title was approved, and the bill ordered transmitted to the House. 118 SENATE JOURNAL February 23, 2012]

SENATE JOURNAL The Senate advanced to the Fifth Order of Business. OF THE Petitions, Resolutions, and Memorials IDAHO LEGISLATURE SCR 121 SECOND REGULAR SESSION BY STATE AFFAIRS COMMITTEE SIXTY-FIRST LEGISLATURE A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE DOCKET OF THE IDAHO FISH AND GAME COMMISSION RELATING TO RULES GOVERNING LICENSING. FORTY-SIXTH LEGISLATIVE DAY THURSDAY, FEBRUARY 23, 2012 Be It Resolved by the Legislature of the State of Idaho:

WHEREAS, the Legislature is vested with authority to reject Senate Chamber executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules President Little called the Senate to order at 10 a.m. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that a certain rule docket of the Idaho Fish and Game Commission relating Roll call showed all members present except Senators to Rules Governing Licensing is not consistent with legislative Malepeai and Werk, absent and formally excused by the Chair; intent and should be rejected. and Senators Cameron, McGee and Pearce, absent and excused. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, Prayer was offered by Chaplain Keith Buhler. the Senate and the House of Representatives concurring therein, The Pledge of Allegiance was led by Janae Godfrey, Page. that IDAPA 13.01.04, Idaho Fish and Game Commission, Rules Governing Licensing, adopted as a pending rule under Docket The Senate advanced to the Third Order of Business. Number 13-0104-1102, the entire rulemaking docket, be, and the same is hereby rejected and declared null, void and of no force Reading and Correction of the Journal and effect.

The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 22, 2012, was read SCR 122 and approved as corrected. BY JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION DARRINGTON, Chairman STATING FINDINGS OF THE LEGISLATURE AND There being no objection, the report was adopted and ordered REJECTING CERTAIN RULES OF THE IDAHO STATE filed in the office of the Secretary of the Senate. POLICE RELATING TO RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL. The Senate advanced to the Fourth Order of Business. Be It Resolved by the Legislature of the State of Idaho: Reading of Communications WHEREAS, the Legislature is vested with authority to reject February 22, 2012 executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules The Honorable Brent Hill are not consistent with legislative intent; and President Pro Tempore WHEREAS, it is the finding of the Legislature that certain Idaho State Senate rules of the Idaho State Police relating to Rules of the Idaho Peace State Capitol Officer Standards and Training Council are not consistent with legislative intent and should be rejected. Dear Brent, NOW, THEREFORE, BE IT RESOLVED by the members of Please accept this letter as my formal resignation from the the Second Regular Session of the Sixty-first Idaho Legislature, office of State Senator for the 10th Legislative District in theState the Senate and the House of Representatives concurring therein, of Idaho, effective February 22, 2012. that IDAPA 11.11.01, Idaho State Police, Rules of the Idaho Peace Officer Standards and Training Council, Sections 091 It has been my pleasure and honor to serve the citizens of and 092, only, adopted as pending rules under Docket Number District 10 in the Idaho State Senate for the past eight years. I 11-1101-1102, be, and the same are hereby rejected and declared appreciate and am grateful for the opportunity and treasure the null, void and of no force and effect. association with you and our colleagues.

Sincerely, SCR 121 and SCR 122 were introduced, read at length, and /s/ John McGee referred to the Judiciary and Rules Committee for printing.

The correspondence was filed in the office of the Secretary of the Senate. The Senate advanced to the Sixth Order of Business. [February 23, 2012 SENATE JOURNAL 119

Reports of Standing Committees As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter February 22, 2012 Governor of Idaho The STATE AFFAIRS Committee reports it has had under The correspondence was ordered filed in the office ofthe consideration the Gubernatorial appointment listed below and the Secretary of the Senate. Committee recommends that said appointment be confirmed by the Senate: The Senate advanced to the Ninth Order of Business. Jim Rehder to the Idaho Lottery Commission, term to expire January 1, 2014. Messages from the House MCKENZIE, Chairman February 22, 2012 The Gubernatorial appointment was referred to the Tenth Dear Mr. President: Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. I transmit herewith H 376, H 419, H 466, H 467, H 468, H 517, H 532, H 397, H 398, H 399, H 400, H 401, and H 498 , February 22, 2012 which have passed the House. The JUDICIARY AND RULES Committee reports it has ALEXANDER, Chief Clerk had under consideration the Idaho State Bar appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: H 376, H 419, H 466, H 467, H 468, H 517, H 532, H 397, H 398, H 399, H 400, H 401, and H 498 were filed for first Joel P. Hazel to the Idaho Judicial Council, term to expire reading. June 30, 2017. February 22, 2012 DARRINGTON, Chairman Dear Mr. President: The Idaho State Bar appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at I transmit herewith Enrolled HJM 7 and HJM 4 for the the Secretary's desk for one legislative day. signature of the President. February 22, 2012 ALEXANDER, Chief Clerk The JUDICIARY AND RULES Committee reports out The President signed Enrolled HJM 7 and HJM 4 and H 455, H 475, and S 1324 with the recommendation that they ordered them returned to the House. do pass. The Senate advanced to the Tenth Order of Business. DARRINGTON, Chairman

H 455, H 475, and S 1324 were filed for second reading. Motions and Resolutions February 22, 2012 On motion by Senator Davis, seconded by Senator Bock, by The RESOURCES AND ENVIRONMENT Committee voice vote, the following attaches were elected to fill the offices reports out H 446, S 1305, SJM 103, and SJR 106 with the provided for by the Constitution of the State of Idaho and by recommendation that they do pass. statute: PEARCE, Chairman Committee Secretary: H 446, S 1305, and SJR 106 were filed for second reading. Resources & Environment ...... Linda Kambeitz SJM 103 was referred to the Tenth Order of Business, Pages: Motions and Resolutions, and ordered held at the Secretary's Jamie Bush, Boise desk for one legislative day. Nathan Chelson, St. Anthony On request by Senator Davis, granted by unanimous consent, Marc Christensen, St. Anthony the Senate advanced to the Eighth Order of Business. Janae Godfrey, Soda Springs Daniel Kelley, Twin Falls Messages from the Governor Karl Lundgren, Buhl February 22, 2012 Elisabeth Manor, Meridian Joshua Smith, Dietrich The Honorable Brad Little Kyle Son, Pocatello President of the Senate Idaho Legislature Ben Stringham, Boise Sarah Webster, Rupert Dear Mr. President: Alexa Woodland, Burley I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate Whereupon the President instructed the Sergeant at Arms to Bills, to wit: escort the attaches to the Desk at which time the Oath of Office was administered to the elected attaches and they were escorted S 1213, S 1219, and S 1222 from the Chamber. 120 SENATE JOURNAL February 23, 2012]

Senator Cameron was recorded present at this order of DIRECTOR OF THE IDAHO STATE POLICE REGARDING business. THE LIEUTENANT GOVERNOR AND THE LIEUTENANT GOVERNOR'S IMMEDIATE FAMILY UPON CERTAIN The President announced that the Judiciary and Rules CIRCUMSTANCES OCCURRING; AND DECLARING AN Committee report relative to the Gubernatorial appointment of EMERGENCY. Sara B. Thomas was before the Senate for final consideration, the question being, "Shall the report be adopted?" S 1344 BY STATE AFFAIRS COMMITTEE On motion by Senator Darrington, seconded by AN ACT Senator Stennett, the Gubernatorial appointment of Sara B. RELATING TO BEER AND BREWERS; AMENDING Thomas as the State Appellate Public Defender was confirmed SECTION 23-1033, IDAHO CODE, TO PROVIDE THAT by voice vote. CERTAIN BREWERS MAY BE PERMITTED TO HAVE A The President declared the report adopted and directed the FINANCIAL INTEREST IN ONE ADDITIONAL BREWERY. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to bythe S 1345 Secretary, to be transmitted to the Governor informing him of BY FINANCE COMMITTEE the action of the Senate. AN ACT RELATING TO LIVESTOCK PROCEEDS; AMENDING The Senate advanced to the Eleventh Order of Business. SECTION 25-1174, IDAHO CODE, TO PROVIDE THAT CERTAIN MONEYS THAT ESCHEAT TO THE STATE Introduction, First Reading, and Reference of Bills, SHALL BE DEPOSITED INTO THE STATE BOARD OF House Petitions, Resolutions, and Memorials EDUCATION'S MISCELLANEOUS REVENUE FUND FOR Senator Pearce was recorded present at this order of business. APPROPRIATION TO CERTAIN PUBLIC EDUCATION AND/OR HIGHER EDUCATION PROGRAMS AS S 1342 RECOMMENDED BY THE IDAHO CATTLE FOUNDATION, BY STATE AFFAIRS COMMITTEE INC., AND TO PROVIDE A DATE BY WHICH SUCH AN ACT RECOMMENDATION SHALL BE GIVEN. RELATING TO PUBLIC WORKS; AMENDING CHAPTER S 1342, S 1343, S 1344, and S 1345 were introduced, read 28, TITLE 67, IDAHO CODE, BY THE ADDITION the first time at length, and referred to the Judiciary and Rules OF A NEW SECTION 67-2809, IDAHO CODE, TO Committee for printing. PROVIDE LEGISLATIVE INTENT, TO PROVIDE FOR THE "OPEN ACCESS TO WORK ACT," TO DEFINE H 376 , by Business Committee, was introduced, read the TERMS, TO PROVIDE THAT THE STATE AND POLITICAL first time at length, and referred to the Judiciary and Rules SUBDIVISIONS THAT CONTRACT FOR CERTAIN Committee. PUBLIC WORKS SHALL NOT REQUIRE CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS AND H 419, H 466, H 467, and H 468 , by Business Committee, CARRIERS ENGAGED IN SPECIFIED ACTIVITIES were introduced, read the first time at length, and referred to the ASSOCIATED WITH PUBLIC WORKS TO PAY THEIR Commerce and Human Resources Committee. EMPLOYEES A PREDETERMINED AMOUNT OF WAGES OR WAGE RATE OR A TYPE, AMOUNT OR H 517 , by Revenue and Taxation Committee, was RATE OF EMPLOYEE BENEFITS, TO PROVIDE THAT introduced, read the first time at length, and referred to the Local SPECIFIED PROVISIONS SHALL NOT APPLY UNDER Government and Taxation Committee. CERTAIN CIRCUMSTANCES, TO PROHIBIT CERTAIN H 532 , by Judiciary, Rules, and Administration Committee, PROVISIONS IN BID DOCUMENTS, SPECIFICATIONS, was introduced, read the first time at length, and referred to the PROJECT AGREEMENTS AND OTHER CONTROLLING Judiciary and Rules Committee. DOCUMENTS FOR PUBLIC WORKS CONSTRUCTION CONTRACTS AND TO PROHIBIT CERTAIN CONDUCT, TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT H 397, H 399, H 400, and H 401 , by Resources and PROHIBIT THE VOLUNTARY ENTRY INTO CERTAIN Conservation Committee, were introduced, read the first time AGREEMENTS, TO PROVIDE FOR STANDING BY at length, and referred to the Resources and Environment INTERESTED PARTIES, TO PROVIDE FOR THE AWARD Committee. OF ATTORNEY'S FEES AND COSTS, TO PROVIDE FOR APPLICABILITY OF SPECIFIED PROVISIONS, H 398 , by Resources and Conservation Committee, was TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT introduced, read the first time at length, and referred to the State PROHIBIT OR INTERFERE WITH RIGHTS OF EMPLOYERS Affairs Committee. OR OTHER PARTIES TO ENTER INTO AGREEMENTS OR ENGAGE IN ACTIVITIES PROTECTED BY THE H 498 , by Education Committee, was introduced, read the NATIONAL LABOR RELATIONS ACT AND TO PROVIDE first time at length, and referred to the Education Committee. FOR SEVERABILITY. The Senate advanced to the Twelfth Order of Business. S 1343 BY STATE AFFAIRS COMMITTEE Second Reading of Bills AN ACT RELATING TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION 67-2901, IDAHO CODE, TO H 407, H 408, H 409, and H 469 , by Business Committee, PROVIDE ADDITIONAL POWERS AND DUTIES OF THE were read the second time at length and filed for third reading. [February 23, 2012 SENATE JOURNAL 121

H 473 , by Transportation and Defense Committee, was read Roll call resulted as follows: the second time at length and filed for third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, H 417 , by Revenue and Taxation Committee, was read the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, second time at length and filed for third reading. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, H 393, as amended, by Education Committee, was read the Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, second time at length and filed for third reading. Winder. Total - 32. The Senate advanced to the Thirteenth Order of Business. NAYS–None. Absent and excused–Malepeai, Werk. Total - 2. Third Reading of Bills Total - 34. [District 10 seat is temporarily vacant.] S 1303 was read the third time at length, section by section, Whereupon the President declared S 1316 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1327 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde arose as sponsor of the bill and opened the debate. The Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, question being, "Shall the bill pass?" Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Schmidt, Roll call resulted as follows: Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Total - 31. Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, NAYS–Pearce. Total - 1. Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Siddoway, Smyser, Tippets, Toryanski, Vick, Absent and excused–Malepeai, Werk. Total - 2. Winder. Total - 26. Total - 34. [District 10 seat is temporarily vacant.] NAYS–Bilyeu, Bock, Hammond, LeFavour, Schmidt, Stennett. Total - 6. Whereupon the President declared S 1303 passed, title was Absent and excused–Malepeai, Werk. Total - 2. approved, and the bill ordered transmitted to the House. Total - 34. [District 10 seat is temporarily vacant.] S 1312 was read the third time at length, section by section, Whereupon the President declared S 1327 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Corder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1328 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Pursuant to Senate Rule 39(H), Senator Keough disclosed a Goedde arose as sponsor of the bill and opened the debate. The possible conflict of interest under applicable law. question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Hammond, Heider, Hill, Johnson, Keough, Lodge, McKague, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 30. Winder. Total - 32. NAYS–Bock, LeFavour. Total - 2. NAYS–None. Absent and excused–Malepeai, Werk. Total - 2. Absent and excused–Malepeai, Werk. Total - 2. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared S 1312 passed, title was Whereupon the President declared S 1328 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered transmitted to the House.

S 1316 was read the third time at length, section by section, S 1329 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. Goedde arose as sponsor of the bill and opened the debate. The The question being, "Shall the bill pass?" question being, "Shall the bill pass?" 122 SENATE JOURNAL February 23, 2012]

Roll call resulted as follows: H 382 , having been held, having previously been read the third time at length and debate having previously been opened, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, was before the Senate for final consideration. Senator Mortimer Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, arose as sponsor of the bill and reopened the debate. The question Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, being, "Shall the bill pass?" Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Roll call resulted as follows: Winder. Total - 32. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, NAYS–None. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Absent and excused–Malepeai, Werk. Total - 2. Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Total - 34. [District 10 seat is temporarily vacant.] Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 32. Whereupon the President declared S 1329 passed, title was approved, and the bill ordered transmitted to the House. NAYS–None. Absent and excused–Malepeai, Werk. Total - 2. S 1255, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Total - 34. [District 10 seat is temporarily vacant.] Senator Corder arose as sponsor of the bill and opened the debate. Whereupon the President declared H 382 passed, title was On request by Senator Corder, granted by unanimous approved, and the bill ordered returned to the House. consent, S 1255, as amended, retained its place on the Third On request by Senator Davis, granted by unanimous consent, Reading Calendar for Monday, February 27, 2012. the Senate returned to the Sixth Order of Business. S 1277, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Reports of Standing Committees Senator Bock arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" February 23, 2012 Roll call resulted as follows: The JUDICIARY AND RULES Committee reports that AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1345 has been correctly printed. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, DARRINGTON, Chairman Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Senator Davis requested unanimous consent that S 1345 be Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, laid on the table. Winder. Total - 32. The question being, "Shall the motion prevail to lay NAYS–None. S 1345 upon the table?" The President announced that, by voice vote, the motion did prevail. Absent and excused–Malepeai, Werk. Total - 2. On request by Senator Davis, granted by unanimous consent, Total - 34. [District 10 seat is temporarily vacant.] the Senate returned to the Fifth Order of Business. Whereupon the President declared S 1277, as amended, passed, title was approved, and the bill ordered transmitted to the House. Petitions, Resolutions, and Memorials H 358, as amended in the Senate, was read the third time On motion by Senator Davis, seconded by Senator Bock, at length, section by section, and placed before the Senate for by voice vote the Senate recessed at 12 noon until the hour of final consideration. Senator Corder arose as sponsor of thebill 4:30 p.m. of this day. and opened the debate. The question being, "Shall the bill pass?" RECESS Roll call resulted as follows: AFTERNOON SESSION AYES–Andreason, Bair, Bilyeu, Bock, Brackett, The Senate reconvened at 4:30 p.m., pursuant to recess, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, President Little presiding. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Roll call showed all members present except Senators Winder. Total - 32. Malepeai and Werk, absent and formally excused by the Chair; and President Pro Tempore Hill and Senators Cameron, Davis, NAYS–None. Goedde, and Lodge, absent and excused. [District 10 seat is Absent and excused–Malepeai, Werk. Total - 2. temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. Whereupon the President declared H 358, as amended in the Senate, passed, title was approved, and the bill ordered returned On request by Senator Winder, granted by unanimous to the House. consent, the Senate advanced to the Thirteenth Order of Business. [February 23, 2012 SENATE JOURNAL 123

Third Reading of Bills H 367 was read the third time at length, section by section, and President Pro Tempore Hill and Senators Lodge, Cameron, placed before the Senate for final consideration. Senator Keough Davis, and Goedde were recorded present at this order of arose as sponsor of the bill and opened the debate. The question business. being, "Shall the bill pass?" H 383 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, The question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Roll call resulted as follows: Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Winder. Total - 32. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, NAYS–None. Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Absent and excused–Malepeai, Werk. Total - 2. Winder. Total - 32. Total - 34. [District 10 seat is temporarily vacant.] NAYS–None. Whereupon the President declared H 367 passed, title was Absent and excused–Malepeai, Werk. Total - 2. approved, and the bill ordered returned to the House. Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Winder, granted by unanimous Whereupon the President declared H 383 passed, title was consent, H 394 retained its place on the Third Reading Calendar approved, and the bill ordered returned to the House. for Monday, February 27, 2012. H 385 was read the third time at length, section by section, H 402 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Fulcher arose as sponsor of the bill and opened the debate. The Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 32. Winder. Total - 32. NAYS–None. NAYS–None. Absent and excused–Malepeai, Werk. Total - 2. Absent and excused–Malepeai, Werk. Total - 2. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 385 passed, title was Whereupon the President declared H 402 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 418 was read the third time at length, section by section, H 412 was read the third time at length, section by section, and and placed before the Senate for final consideration. Senator placed before the Senate for final consideration. Senator Smyser Goedde arose as sponsor of the bill and opened the debate. The arose as sponsor of the bill and opened the debate. The question question being, "Shall the bill pass?" being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator McKenzie disclosed Roll call resulted as follows: a possible conflict of interest under applicable law. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Senator McKenzie moved that H 418 be laid on the table. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Motion died for lack of a second. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Roll call resulted as follows: Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, AYES–Andreason, Bair, Brackett, Cameron, Corder, Winder. Total - 32. Darrington, Fulcher, Goedde, Hammond, Heider, Keough, NAYS–None. McKague, Mortimer, Nuxoll, Schmidt, Siddoway, Smyser, Toryanski, Vick, Winder. Total - 20. Absent and excused–Malepeai, Werk. Total - 2. NAYS–Bilyeu, Bock, Broadsword, Davis, Hill, Johnson, Total - 34. [District 10 seat is temporarily vacant.] LeFavour, Lodge, McKenzie, Pearce, Stennett, Tippets. Total - 12. Whereupon the President declared H 412 passed, title was approved, and the bill ordered returned to the House. Absent and excused–Malepeai, Werk. Total - 2. 124 SENATE JOURNAL February 23, 2012]

Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 418 passed, title was approved, and the bill ordered returned to the House.

H 391 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Fulcher arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Brackett, Fulcher, Hammond, Hill, Johnson, McKague, McKenzie, Nuxoll, Pearce, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 16. NAYS–Andreason, Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Heider, Keough, LeFavour, Lodge, Mortimer, Schmidt, Stennett. Total - 16. Absent and excused–Malepeai, Werk. Total - 2. Total - 34. [District 10 seat is temporarily vacant.] A tie vote having resulted in the roll call, the President voted AYE, and declared H 391 passed, title was approved, and the bill ordered returned to the House.

H 374 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Tippets arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 32. NAYS–None. Absent and excused–Malepeai, Werk. Total - 2. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 374 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the Senate, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Stennett, by voice vote, the Senate adjourned at 5:30 p.m. until the hour of 10 a.m., Friday, February 24, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [February 24, 2012 SENATE JOURNAL 125

SENATE JOURNAL There being no objection, S 1317 was referred to the Fourteenth Order of Business, General Calendar. OF THE February 23, 2012 IDAHO LEGISLATURE The TRANSPORTATION Committee reports out S 1319 with the recommendation that it do pass. SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE HAMMOND, Chairman S 1319 was filed for second reading. February 23, 2012 FORTY-SEVENTH LEGISLATIVE DAY The LOCAL GOVERNMENT AND TAXATION FRIDAY, FEBRUARY 24, 2012 Committee reports out HCR 33 with the recommendation that it do pass.

Senate Chamber CORDER, Chairman President Little called the Senate to order at 10 a.m. HCR 33 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Roll call showed all members present except Senators February 23, 2012 Hammond, Malepeai, and Werk, absent and formally excused by the Chair; and Senator McKenzie, absent and excused. [District The HEALTH AND WELFARE Committee reports out 10 seat is temporarily vacant.] S 1309 with the recommendation that it do pass. Prayer was offered by Chaplain Keith Buhler. LODGE, Chairman The Pledge of Allegiance was led by Daniel Kelley, Page. S 1309 was filed for second reading. The Senate advanced to the Third Order of Business. On request by Senator Winder, granted by unanimous Reading and Correction of the Journal consent, the Senate advanced to the Ninth Order of Business. The JUDICIARY AND RULES Committee reports that the Messages from the House Senate Journal of the proceedings of February 23, 2012, was read and approved as corrected. February 23, 2012 DARRINGTON, Chairman Dear Mr. President: There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. I transmit herewith H 396, H 499, H 480, H 519, H 452, H 521, H 482, H 484, H 500, H 501, H 534, HCR 36, and On request by Senator Winder, granted by unanimous HJM 10 , which have passed the House. consent, the Senate advanced to the Sixth Order of Business. ALEXANDER, Chief Clerk Reports of Standing Committees H 396, H 499, H 480, H 519, H 452, H 521, H 482, H 484, February 24, 2012 H 500, H 501, H 534, HCR 36, and HJM 10 were filed for first reading. The JUDICIARY AND RULES Committee reports that S 1342, S 1343, S 1344, SCR 121, and SCR 122 have been The Senate advanced to the Tenth Order of Business. correctly printed. Motions and Resolutions DARRINGTON, Chairman The President announced that the State Affairs Committee S 1342, S 1343, and S 1344 were referred to the State Affairs report relative to the Gubernatorial appointment of Jim Rehder Committee. was before the Senate for final consideration, the question being, SCR 121 and SCR 122 were referred to the Tenth Order "Shall the report be adopted?" of Business, Motions and Resolutions, and ordered held at the On motion by Senator Nuxoll, seconded by Senator Stennett, Secretary's desk for one legislative day. the Gubernatorial appointment of Jim Rehder as a member of the February 23, 2012 Idaho Lottery Commission was confirmed by voice vote. The TRANSPORTATION Committee reports out The President declared the report adopted and directed the S 1317 with the recommendation that it be referred to the Secretary of the Senate to prepare a letter of the Gubernatorial Fourteenth Order of Business for amendment. appointment confirmation for his signature, attested to bythe Secretary, to be transmitted to the Governor informing him of HAMMOND, Chairman the action of the Senate. 126 SENATE JOURNAL February 24, 2012]

The President announced that the Judiciary and Rules H 482 , by Local Government Committee, was introduced, Committee report relative to the Idaho State Bar appointment of read the first time at length, and referred to the Local Government Joel P. Hazel was before the Senate for final consideration, the and Taxation Committee. question being, "Shall the report be adopted?" H 484 , by Local Government Committee, was introduced, On motion by Senator Nuxoll, seconded by Senator Stennett, read the first time at length, and referred to the Judiciary and the Idaho State Bar appointment of Joel P. Hazel as a member of Rules Committee. the Idaho Judicial Council was confirmed by voice vote. H 500 and H 501 , by Health and Welfare Committee, were The President declared the report adopted and directed the introduced, read the first time at length, and referred to the Health Secretary of the Senate to prepare a letter of the Idaho State Bar and Welfare Committee. appointment confirmation for his signature, attested to bythe Secretary, to be transmitted to the Governor informing him of HCR 36 , by State Affairs Committee, was introduced, read the action of the Senate. at length, and referred to the State Affairs Committee. Senator McKenzie was recorded present at this order of HJM 10 , by Health and Welfare Committee, was introduced, business. read at length, and referred to the State Affairs Committee. The President announced that SJM 103 was before the The Senate advanced to the Twelfth Order of Business. Senate for final consideration, the question being, "Shall the memorial be adopted?" Second Reading of Bills On motion by Senator Keough, seconded by Senator Broadsword, SJM 103 was adopted by voice vote, title H 455 and H 475 , by Judiciary, Rules, and Administration was approved, and the memorial ordered transmitted to the Committee, were read the second time at length and filed for third House. reading. The Senate advanced to the Eleventh Order of Business. S 1324 , by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials H 446 , by Resources and Conservation Committee, was read the second time at length and filed for third reading.

S 1346 S 1305 , by Agricultural Affairs Committee, was read the BY FINANCE COMMITTEE second time at length and filed for third reading. AN ACT SJR 106 , by State Affairs Committee, was read the second RELATING TO LIVESTOCK PROCEEDS; AMENDING time at length and filed for third reading. SECTION 25-1174, IDAHO CODE, TO PROVIDE THAT CERTAIN MONEYS THAT ESCHEAT TO THE STATE The Senate advanced to the Thirteenth Order of Business. SHALL BE DEPOSITED INTO THE STATE BOARD OF EDUCATION'S MISCELLANEOUS REVENUE Third Reading of Bills FUND FOR APPROPRIATION TO CERTAIN PUBLIC EDUCATION AND/OR HIGHER EDUCATION PROGRAMS AS RECOMMENDED BY THE IDAHO CATTLE S 1285 was read the third time at length, section by section, FOUNDATION, INC., AND TO PROVIDE A DATE BY and placed before the Senate for final consideration. Senator WHICH SUCH RECOMMENDATION SHALL BE GIVEN; McKenzie arose as sponsor of the bill and opened the debate. AND PROVIDING AN EFFECTIVE DATE. The question being, "Shall the bill pass?" Roll call resulted as follows: S 1346 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 396 , by Resources and Conservation Committee, was Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, introduced, read the first time at length, and referred to the McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Resources and Environment Committee. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 31. H 499, H 521, and H 534 , by Education Committee, were introduced, read the first time at length, and referred to the NAYS–None. Education Committee. Absent and excused–Hammond, Malepeai, Werk. Total - 3. H 480 , by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the State Total - 34. [District 10 seat is temporarily vacant.] Affairs Committee. Whereupon the President declared S 1285 passed, title was H 519 , by Revenue and Taxation Committee, was approved, and the bill ordered transmitted to the House. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. S 1286 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 452 , by State Affairs Committee, was introduced, read the Stennett arose as sponsor of the bill and opened the debate. The first time at length, and referred to the State Affairs Committee. question being, "Shall the bill pass?" [February 24, 2012 SENATE JOURNAL 127

Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Heider, Johnson, Keough, LeFavour, Lodge, McKague, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, McKenzie, Nuxoll, Schmidt, Siddoway, Smyser, Stennett, Pearce, Siddoway, Smyser, Stennett, Tippets, Toryanski, Winder. Tippets, Toryanski, Vick, Winder. Total - 27. Total - 25. NAYS–Davis, Hill, Mortimer, Pearce. Total - 4. NAYS–Bilyeu, Bock, Johnson, LeFavour, Schmidt, Vick. Total - 6. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared S 1286 passed, title was Total - 34. [District 10 seat is temporarily vacant.] approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1333 passed, title was approved, and the bill ordered transmitted to the House. S 1289 was read the third time at length, section by section, On request by Senator Winder, granted by unanimous and placed before the Senate for final consideration. Senator consent, S 1294 retained its place on the Third Reading Calendar Heider arose as sponsor of the bill and opened the debate. The for one legislative day. question being, "Shall the bill pass?" S 1299 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Toryanski arose as sponsor of the bill and opened the debate. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, The question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Roll call resulted as follows: McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Total - 31. Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, NAYS–None. McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Total - 31. Total - 34. [District 10 seat is temporarily vacant.] NAYS–None. Whereupon the President declared S 1289 passed, title was Absent and excused–Hammond, Malepeai, Werk. Total - 3. approved, and the bill ordered transmitted to the House. Total - 34. [District 10 seat is temporarily vacant.]

S 1290 was read the third time at length, section by section, Whereupon the President declared S 1299 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered transmitted to the House. Tippets arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1256 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair arose as sponsor of the bill and opened the debate. The question Roll call resulted as follows: being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AYES–Andreason, Bair, Brackett, Broadsword, Cameron, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Darrington, Davis, Fulcher, Heider, Hill, Keough, Lodge, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. McKague, McKenzie, Siddoway, Smyser, Winder. Total - 17. Total - 31. NAYS–Bilyeu, Bock, Corder, Goedde, Johnson, LeFavour, NAYS–None. Malepeai, Mortimer, Nuxoll, Pearce, Schmidt, Stennett, Tippets, Toryanski, Vick, Werk. Total - 16. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Absent and excused–Hammond. Total - 1. Total - 34. [District 10 seat is temporarily vacant.] Paired and voting included in roll call: Whereupon the President declared S 1290 passed, title was approved, and the bill ordered transmitted to the House. AYE - Darrington NAY - Malepeai AYE - Davis NAY - Werk

S 1333 was read the third time at length, section by section, Total - 34. [District 10 seat is temporarily vacant.] and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1256 passed, title was question being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. 128 SENATE JOURNAL February 24, 2012]

H 375 was read the third time at length, section by section, Whereupon the President declared H 407 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Tippets arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 408 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Total - 31. Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, NAYS–None. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 31. Absent and excused–Hammond, Malepeai, Werk. Total - 3. NAYS–None. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 375 passed, title was Absent and excused–Hammond, Malepeai, Werk. Total - 3. approved, and the bill ordered returned to the House. Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Winder, granted by unanimous Whereupon the President declared H 408 passed, title was consent, H 438 retained its place on the Third Reading Calendar approved, and the bill ordered returned to the House. for one legislative day. H 409 was read the third time at length, section by section, H 369 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 31. Total - 31. NAYS–None. NAYS–None. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 369 passed, title was Whereupon the President declared H 409 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous On request by Senator Davis, granted by unanimous consent, consent, H 405 retained its place on the Third Reading Calendar H 469 retained its place on the Third Reading Calendar for one for one legislative day. legislative day. H 407 was read the third time at length, section by section, H 473 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The Tippets arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 31. Total - 31. NAYS–None. NAYS–None. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Absent and excused–Hammond, Malepeai, Werk. Total - 3. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] [February 24, 2012 SENATE JOURNAL 129

Whereupon the President declared H 473 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, SJR 104 was recommitted to the Resources and Environment Committee. On request by Senator Winder, granted by unanimous consent, Senate Joint Resolution 106 was placed at the head of the Third Reading Calendar, followed by remaining Senate bills, followed by House bills. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Bock, by voice vote, the Senate adjourned at 12 noon until the hour of 10:30 a.m., Monday, February 27, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 130 SENATE JOURNAL February 27, 2012]

SENATE JOURNAL SCR 120 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's OF THE desk for one legislative day. IDAHO LEGISLATURE February 24, 2012 The RESOURCES AND ENVIRONMENT Committee SECOND REGULAR SESSION reports out S 1321 with the recommendation that it be referred SIXTY-FIRST LEGISLATURE to the Fourteenth Order of Business for amendment. PEARCE, Chairman There being no objection, S 1321 was referred to the Fourteenth Order of Business, General Calendar. FIFTIETH LEGISLATIVE DAY Senator Cameron was recorded present at this order of MONDAY, FEBRUARY 27, 2012 business. On request by Senator Davis, granted by unanimous consent, Senate Chamber the Senate advanced to the Eighth Order of Business. President Pro Tempore Hill called the Senate to order at Messages from the Governor 10:30 a.m. February 24, 2012

Roll call showed all members present except Senator The Honorable Brad Little Cameron, absent and excused. [District 10 seat is temporarily President of the Senate vacant.] Idaho Legislature Prayer was offered by Chaplain Keith Buhler. Dear Mr. President: The Pledge of Allegiance was led by Karl Lundgren, Page. I have the honor to inform you that William H. Goesling of Moscow, Idaho, was appointed as a member of the State Board The Senate advanced to the Third Order of Business. of Education to serve a term commencing April 19, 2011, and expiring March 1, 2016. Reading and Correction of the Journal This appointment was made subject to confirmation by the The JUDICIARY AND RULES Committee reports that the Senate. Notice of appointment is hereby given. Senate Journal of the proceedings of February 24, 2012, was read and approved as corrected. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter DARRINGTON, Chairman Governor There being no objection, the report was adopted and ordered The correspondence was ordered filed in the office ofthe filed in the office of the Secretary of the Senate. Secretary of the Senate. On request by Senator Davis, granted by unanimous consent, The Gubernatorial appointment was referred to the Education the Senate advanced to the Sixth Order of Business. Committee. Reports of Standing Committees The Senate advanced to the Ninth Order of Business. February 27, 2012 Messages from the House The JUDICIARY AND RULES Committee reports that S 1346 has been correctly printed. February 24, 2012 DARRINGTON, Chairman Dear Mr. President: S 1346 was referred to the Agricultural Affairs Committee. I transmit herewith H 574, H 489, H 457, H 459, H 461, H 525, and H 543 , which have passed the House. February 24, 2012 ALEXANDER, Chief Clerk The AGRICULTURAL AFFAIRS Committee reports out H 574, H 489, H 457, H 459, H 461, H 525, and H 543 were H 389 with the recommendation that it do pass. filed for first reading. SIDDOWAY, Chairman The Senate advanced to the Tenth Order of Business. H 389 was filed for second reading. February 24, 2012 Motions and Resolutions The RESOURCES AND ENVIRONMENT Committee reports out SCR 120 with the recommendation that it do pass. The President Pro Tempore announced that SCR 121 was before the Senate for final consideration, the question being, PEARCE, Chairman "Shall the resolution be adopted?" [February 27, 2012 SENATE JOURNAL 131

On motion by Senator Pearce, seconded by Senator Bair, More than two-thirds having voted in the affirmative, the SCR 121 was adopted by voice vote, title was approved, and the President Pro Tempore declared SJR 106 adopted, title was resolution ordered transmitted to the House. approved, and the resolution ordered transmitted to the House. The President Pro Tempore announced that SCR 122 was before the Senate for final consideration, the question being, S 1294 was read the third time at length, section by section, "Shall the resolution be adopted?" and placed before the Senate for final consideration. Senator Bock arose as sponsor of the bill and opened the debate. On motion by Senator Vick, seconded by Senator Stennett, SCR 122 was adopted by voice vote, title was approved, and the On request by Senator Bock, granted by unanimous consent, resolution ordered transmitted to the House. S 1294 was referred to the Fourteenth Order of Business, General Calendar. The President Pro Tempore announced that HCR 33 was before the Senate for final consideration, the question being, S 1324 was read the third time at length, section by section, "Shall the resolution be adopted?" and placed before the Senate for final consideration. Senator On motion by Senator Corder, seconded by Senator Johnson, Corder arose as sponsor of the bill and opened the debate. The HCR 33 was adopted by voice vote, title was approved, and the question being, "Shall the bill pass?" resolution ordered returned to the House. Roll call resulted as follows: The Senate advanced to the Eleventh Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Introduction, First Reading, and Reference of Bills, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, House Petitions, Resolutions, and Memorials Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, H 574 , by Appropriations Committee, was introduced, read Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, the first time at length, and referred to the Finance Committee. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. [District 10 seat is temporarily vacant.] H 489 , by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local Whereupon the President Pro Tempore declared Government and Taxation Committee. S 1324 passed, title was approved, and the bill ordered transmitted to the House. H 457, H 459, H 461, H 525, and H 543 , by Resources and Conservation Committee, were introduced, read the first time at length, and referred to the Resources and Environment H 394 was read the third time at length, section by section, Committee. and placed before the Senate for final consideration. Senator LeFavour arose as sponsor of the bill and opened the debate. The Senate advanced to the Twelfth Order of Business. The question being, "Shall the bill pass?" Second Reading of Bills Roll call resulted as follows: S 1319 , by Judiciary and Rules Committee, was read the second time at length and filed for third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1309 , by Health and Welfare Committee, was read the Goedde, Hammond, Heider, Hill, Johnson, Keough, second time at length and filed for third reading. LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, The Senate advanced to the Thirteenth Order of Business. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Third Reading of Bills Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Davis, granted by unanimous consent, Whereupon the President Pro Tempore declared S 1305 retained its place on the Third Reading Calendar for H 394 passed, title was approved, and the bill ordered returned Thursday, March 1, 2012. to the House. On request by Senator Corder, granted by unanimous H 438 was read the third time at length, section by section, consent, S 1255, as amended, was referred to the Fourteenth and placed before the Senate for final consideration. Senator Werk Order of Business, General Calendar. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" SJR 106 was read the third time at length, section by section, and placed before the Senate for final consideration. Roll call resulted as follows: Senator Heider arose as sponsor of the resolution and opened the debate. The question being, "Shall the resolution be adopted?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Goedde, Hammond, Heider, Hill, Johnson, Keough, Total - 34. [District 10 seat is temporarily vacant.] LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Whereupon the President Pro Tempore declared Stennett, Tippets, Toryanski, Vick, Werk, Winder. H 438 passed, title was approved, and the bill ordered returned Total - 34. [District 10 seat is temporarily vacant.] to the House. 132 SENATE JOURNAL February 27, 2012]

H 405 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President Pro Tempore declared H 405 passed, title was approved, and the bill ordered returned to the House. H 469 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Davis arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 28. NAYS–Bock, Johnson, Malepeai, Schmidt, Stennett. Total - 5. Absent and excused–Werk. Total - 1. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President Pro Tempore declared H 469 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:05 p.m. until the hour of 10 a.m., Tuesday, February 28, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary [February 28, 2012 SENATE JOURNAL 133

SENATE JOURNAL WHEREAS, James Madison, a key defender of religious freedom and author of the First Amendment, said "Conscience OF THE is the most sacred of all property"; and WHEREAS, the Executive Branch of the United States government has directed the U.S. Department of Health and IDAHO LEGISLATURE Human Services (HHS) to promulgate a new, "preventive services" mandate that violates the rights of conscience of a SECOND REGULAR SESSION majority of U.S. citizens; and SIXTY-FIRST LEGISLATURE WHEREAS, Thomas Jefferson in 1809 stated that "No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority"; and WHEREAS, this new mandate has been written into an FIFTY-FIRST LEGISLATIVE DAY HHS regulation requiring private health insurance plans to cover TUESDAY, FEBRUARY 28, 2012 costs of female surgical sterilization and all drugs and devices approved by the U.S. Food and Drug Administration, including contraceptives and drugs that can attack an unborn child before Senate Chamber and after implantation in the mother's womb, in effect taking away the right to life; and President Pro Tempore Hill called the Senate to order at 10 WHEREAS, under this new regulation, the United States a.m. government forces individuals and organizations to go into the marketplace and purchase a product that violates their conscience; and Roll call showed all members present except Senators WHEREAS, this should not happen in a land where free Andreason, Cameron, Lodge, and McKague, absent and excused. exercise of religion ranks first in the Bill of Rights; and [District 10 seat is temporarily vacant.] WHEREAS, the new HHS regulation covers all Americans and provides for only a miniscule amount of agency discretion to Prayer was offered by Chaplain Keith Buhler. authorize "religious" exemptions that will exclude many religious social service agencies and health care providers and other groups The Pledge of Allegiance was led by Elisabeth Manor, Page. that believe in the sanctity of life; and WHEREAS, using this exemption, organizations would be The Senate advanced to the Third Order of Business. free to act in accord with their religious teachings on life and Reading and Correction of the Journal procreation only if they were to stop hiring and serving those that object on religious grounds; and The JUDICIARY AND RULES Committee reports that the WHEREAS, by implementing this regulation, the United Senate Journal of the proceedings of February 27, 2012, was read States government appears to place pressure on institutions that and approved as corrected. consider life to be sacred, directing them to cease providing health care, education and charitable services to the general DARRINGTON, Chairman public; and WHEREAS, the new HHS regulation fails to create a There being no objection, the report was adopted and ordered meaningful "conscience exemption" to the preventive services filed in the office of the Secretary of the Senate. mandate; and WHEREAS, this regulation underscores the need for On request by Senator Davis, granted by unanimous consent, Congress to approve the Respect for Rights of Conscience Act the Senate advanced to the Fifth Order of Business. that would prevent mandates under the new federal health care Petitions, Resolutions, and Memorials reform law from undermining rights of conscience; and WHEREAS, this new federal regulation applies to all SJM 104 religions and faiths in America that contain members who are BY STATE AFFAIRS COMMITTEE conscientiously objecting to any mandate that violates the rights A JOINT MEMORIAL of the unborn by forcing American taxpayers to subsidize the TO THE PRESIDENT OF THE UNITED STATES, TO THE costs of drugs and procedures under the new term "emergency SENATE AND HOUSE OF REPRESENTATIVES OF THE contraceptive"; and UNITED STATES IN CONGRESS ASSEMBLED, AND TO WHEREAS, regarding the HHS regulation, THE CONGRESSIONAL DELEGATION REPRESENTING Cardinal-designate Timothy Dolan, Archbishop of New York THE STATE OF IDAHO IN THE CONGRESS OF THE and president of the U.S. Conference of Catholic Bishops, stated UNITED STATES. "In effect the president is saying we have a year to figure out We, your Memorialists, the Senate and the House of how to violate our consciences. To force Americans to choose Representatives of the State of Idaho assembled in the Second between violating their consciences and forgoing their health Regular Session of the Sixty-first Idaho Legislature, do hereby care is literally unconscionable .... It is as much an attack on respectfully represent that: access to health care as on religious freedom"; and WHEREAS, all Idahoans have the right to life, liberty WHEREAS, the pro-life majority of Americans would be and the pursuit of happiness, as provided in the Declaration of outraged to learn that their health insurance premiums must be Independence; and used for these purposes. WHEREAS, the Continental Congress of 1787 declared NOW, THEREFORE, BE IT RESOLVED by the members of that "Religion, Morality and knowledge being necessary to good the Second Regular Session of the Sixty-first Idaho Legislature, government and the happiness of mankind ..."; and the Senate and the House of Representatives concurring therein, 134 SENATE JOURNAL February 28, 2012] that we request the President of the United States and the the Senate and the House of Representatives concurring therein, Congress of the United States to reverse and reject the HHS that the Legislature hereby authorizes and provides approval for regulation so that those who sponsor, purchase and issue health the Department of Parks and Recreation to enter into agreement insurance plans should not be forced to violate their deeply held or agreements with the Idaho State Building Authority, under moral and religious convictions in order to take part in any health such terms and conditions as may be reasonable and necessary, care system that violates their belief in the sanctity of life. for the purpose of restructuring the financing using the existing BE IT FURTHER RESOLVED that the Secretary of the property or facilities owned by the Department of Parks and Senate be, and she is hereby authorized and directed to forward Recreation, and for the transfer of title of the Billingsley Creek a copy of this Memorial to the President of the United States, properties to the Department of Parks and Recreation. to the President of the Senate and the Speaker of the House of BE IT FURTHER RESOLVED that this Concurrent Representatives of Congress, and the congressional delegation Resolution constitutes the authorization required by the representing the State of Idaho in the Congress of the United provisions of section 67-6410, Idaho Code. States. SCR 124 SCR 123 BY JUDICIARY AND RULES COMMITTEE BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND STATING FINDINGS OF THE LEGISLATURE AND RECOGNIZING THE IDAHO DIGITAL LEARNING AUTHORIZING THE DEPARTMENT OF PARKS AND ACADEMY FOR ITS ACHIEVEMENTS IN PROVIDING RECREATION TO ENTER INTO AGREEMENTS WITH QUALITY ONLINE EDUCATION FOR IDAHO STUDENTS. THE IDAHO STATE BUILDING AUTHORITY TO RESTRUCTURE FINANCING OF CERTAIN BONDS ISSUED Be It Resolved by the Legislature of the State of Idaho: TO ACQUIRE PROPERTIES ALONG BILLINGSLEY CREEK IN HAGERMAN VALLEY AND TO FACILITATE WHEREAS, the Idaho Digital Learning Academy (IDLA) is THE EXCHANGE OF PROPERTY. nationally recognized for its best practices in online learning and is a leader among state online programs; and Be It Resolved by the Legislature of the State of Idaho: WHEREAS, the IDLA has demonstrated its ability to facilitate excellent student achievement, course quality, teacher WHEREAS, by Senate Concurrent Resolution No. 116 of development and has increased school district capacity; and the First Regular Session of the Fifty-sixth Idaho Legislature in WHEREAS, the IDLA has developed and maintained a 2001, the Department of Parks and Recreation was authorized to network of educational resources for all Idaho educators, and enter into agreements with the Idaho State Building Authority to Idaho teachers and administrators have access to these resources, provide financing for the acquisition of the Vardis Fisher property which cover a broad range of topics, including classroom and other parcels along Billingsley Creek in the Hagerman instructional techniques, how to implement a blended learning Valley for the purpose of partnering with the University of environment and more; and Idaho in developing a key aquaculture and research facility for WHEREAS, the IDLA has presented hundreds of workshops endangered species and development of recreation facilities; and training seminars to local and national organizations on WHEREAS, the federal government has failed to provide topics ranging from blended learning to online pedagogy to funding for the aquaculture and research facility; online teacher evaluations; and WHEREAS, the University of Idaho has ceased its use of the WHEREAS, since 2002, the IDLA has increased the capacity aquaculture facilities on the property; and knowledge of technology staff in best practices for online WHEREAS, the Vardis Fisher property has limited potential implementation in 115 school districts plus another 40 charter for recreational development; schools; and WHEREAS, the Department of Parks and Recreation desires WHEREAS, the IDLA works with districts to ensure that to exchange the Vardis Fisher property for property with greater technology used in online courses meets the specific requirements recreational potential; of Idaho school districts, and that the Academy partners with WHEREAS, the Department of Parks and Recreation is the Idaho Education Technology Association to ensure that Idaho unable to exchange the Vardis Fisher property since title remains technology directors are the first to know of technology changes; in the Idaho State Building Authority until bonds issued by the and Idaho State Building Authority to finance the acquisition of the WHEREAS, from 2009-2010 to 2010-2011, Dual Credit Billingsley Creek properties are paid in full; courses grew by 46% and Advanced Placement courses grew by WHEREAS, it is in the interest of the Department of Parks 44%; and and Recreation to arrange for transfer of existing properties WHEREAS, the IDLA supports the matriculation and facilities to the Idaho State Building Authority in order to of technical preparatory programs statewide by offering accommodate the issuance of bonds to pay off the outstanding foundational courses as part of the overall course of study and, bonds related to the Billingsley Creek properties and allow by providing these classes online, it allows districts to focus on the Idaho State Building Authority to transfer the title of the advanced curriculum and accept a wider population into their Billingsley Creek properties to the Department of Parks and programs; and Recreation so as to accommodate an exchange of the Vardis WHEREAS, the IDLA continuously reviews and upgrades Fisher property; and digital content to align with Idaho standards and iNACOL online WHEREAS, because interest rates available for Idaho State standards, and promotes student engagement through innovative Building Authority financing are at historic low levels, the multimedia; and proposed restructuring can be achieved without additional cost WHEREAS, IDLA teachers, through ongoing professional to the state. development and training, gain valuable knowledge and technical NOW, THEREFORE, BE IT RESOLVED by the members of skills in online pedagogy, online course delivery, and quality the Second Regular Session of the Sixty-first Idaho Legislature, [February 28, 2012 SENATE JOURNAL 135 content development, and IDLA teachers are often recognized S 1275, S 1332, and S 1340 were filed for second reading. as leaders in advancing education in their local schools; and WHEREAS, the IDLA has employed more than 500 Idaho residents since its creation and IDLA purchases products and February 27, 2012 services from local vendors and suppliers, thereby keeping IDLA The HEALTH AND WELFARE Committee reports out money in Idaho. S 1295 and S 1326 with the recommendation that they do pass. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, LODGE, Chairman the Senate and the House of Representatives concurring therein, that we recognize the efforts of the Idaho Digital Learning S 1295 and S 1326 were filed for second reading. Academy in establishing and providing many of the best practices in online learning and in helping Idaho students excel in their February 27, 2012 educational endeavors. The EDUCATION Committee reports out S 1331 with the SJM 104, SCR 123, and SCR 124 were introduced, read recommendation that it do pass. at length, and referred to the Judiciary and Rules Committee for printing. GOEDDE, Chairman The Senate advanced to the Sixth Order of Business. S 1331 was filed for second reading. Reports of Standing Committees February 27, 2012 On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by Messages from the Governor the Senate: James C. Hammond to the State Building Authority, term to February 27, 2012 expire January 1, 2017. The Honorable Brad Little MCKENZIE, Chairman President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held Dear Mr. President: at the Secretary's desk for one legislative day. I have the honor to inform you that Jim Kempton of Albion, February 27, 2012 Idaho, was appointed as a member of the Idaho Transportation Board to serve a term commencing March 1, 2012, and expiring The STATE AFFAIRS Committee reports out S 1344 with January 31, 2018. the recommendation that it do pass. This appointment was made subject to confirmation by the MCKENZIE, Chairman Senate. Notice of appointment is hereby given. S 1344 was filed for second reading. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter February 27, 2012 Governor The STATE AFFAIRS Committee reports out S 1323 with The correspondence was ordered filed in the office ofthe the recommendation that it be referred to the Fourteenth Order Secretary of the Senate. of Business for amendment. The Gubernatorial appointment was referred to the MCKENZIE, Chairman Transportation Committee. There being no objection, S 1323 was referred to the Fourteenth Order of Business, General Calendar. The Senate advanced to the Ninth Order of Business. February 27, 2012 The FINANCE Committee reports out H 574 with the Messages from the House recommendation that it do pass. CAMERON, Chairman February 27, 2012 H 574 was filed for second reading. Dear Mr. President: February 27, 2012 I transmit herewith H 546, H 536, H 481, H 472, H 513, H 503, and H 555 , which have passed the House. The JUDICIARY AND RULES Committee reports out S 1275, S 1332, and S 1340 with the recommendation that they ALEXANDER, Chief Clerk do pass. H 546, H 536, H 481, H 472, H 513, H 503, and H 555 were DARRINGTON, Chairman filed for first reading. 136 SENATE JOURNAL February 28, 2012]

February 27, 2012 S 1349 BY STATE AFFAIRS COMMITTEE Dear Mr. President: AN ACT RELATING TO ABORTION; AMENDING SECTION I transmit herewith Enrolled H 382, H 383, H 385, H 412, 18-609, IDAHO CODE, TO ESTABLISH PROVISIONS H 367, H 402, H 418, H 391, and H 374 for the signature of the RELATING TO CERTAIN MATERIALS MADE AVAILABLE President. TO PHYSICIANS, HOSPITALS OR OTHER FACILITIES ALEXANDER, Chief Clerk PROVIDING ABORTION AND ABORTION-RELATED SERVICES, TO ESTABLISH PROVISIONS RELATING TO The President Pro Tempore signed Enrolled H 382, H 383, A LIST OF HEALTH CARE PROVIDERS, FACILITIES H 385, H 412, H 367, H 402, H 418, H 391, and H 374 and AND CLINICS THAT OFFER TO PERFORM CERTAIN ordered them returned to the House. ULTRASOUNDS, TO ESTABLISH PROVISIONS RELATING TO A STATEMENT REGARDING CERTAIN ULTRASOUND The Senate advanced to the Tenth Order of Business. IMAGING AND HEART TONE MONITORING, TO ESTABLISH PROVISIONS THAT PRIOR TO INFORMED CONSENT GIVEN BY THE PATIENT AND PRIOR TO Motions and Resolutions THE ADMINISTRATION OF ANESTHESIA OR CERTAIN MEDICATIONS, THE PHYSICIAN WHO IS TO PERFORM THE ABORTION OR A QUALIFIED TECHNICIAN SHALL Senators Cameron and Andreason were recorded present at PERFORM AN OBSTETRIC ULTRASOUND, TO REVISE this order of business. PROVISIONS RELATING TO INFORMING THE PATIENT SHE HAS THE RIGHT TO VIEW CERTAIN ULTRASOUND The President Pro Tempore announced that SCR 120 was IMAGES, TO PROVIDE THAT THE PHYSICIAN WHO before the Senate for final consideration, the question being, IS TO PERFORM THE ABORTION OR AN AGENT OF "Shall the resolution be adopted?" THE PHYSICIAN SHALL SIGN AND DATE A CERTAIN On motion by Senator Siddoway, seconded by STATEMENT, TO PROVIDE LANGUAGE THAT READS Senator Keough, SCR 120 was adopted by voice vote, title was SUBSTANTIALLY AS A CERTAIN STATEMENT SHOULD approved, and the resolution ordered transmitted to the House. READ, TO PROVIDE THAT THE PATIENT SHALL INITIAL, SIGN AND DATE THE STATEMENT, TO The Senate advanced to the Eleventh Order of Business. ESTABLISH PROVISIONS RELATING TO THE PRINT OF THE STATEMENT, TO ESTABLISH PROVISIONS Introduction, First Reading, and Reference of Bills, LIMITING MATERIAL INCLUDED IN THE STATEMENT, House Petitions, Resolutions, and Memorials TO PROVIDE FOR A COPY OF THE STATEMENT, TO PROVIDE FOR A SIGNATURE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL S 1347 CORRECTION. BY STATE AFFAIRS COMMITTEE AN ACT S 1350 RELATING TO THE IDAHO TRANSPORTATION BY FINANCE COMMITTEE BOARD; AMENDING SECTION 40-310, IDAHO CODE, AN ACT TO ESTABLISH PROVISIONS RELATING TO THE APPROPRIATING MONEYS TO THE IDAHO STATE STATE TRANSPORTATION BOARD ESTABLISHING LOTTERY FOR FISCAL YEAR 2013; LIMITING THE STANDARDS REGARDING THE LOCATION, DESIGN NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT AND CONSTRUCTION OF PROVIDING ACCESS FROM POSITIONS; PROVIDING LEGISLATIVE INTENT; PROPERTIES ADJACENT TO STATE HIGHWAYS, TO AND PROVIDING GUIDANCE FOR EMPLOYEE ESTABLISH PROVISIONS RELATING TO APPLICATIONS COMPENSATION AND BENEFITS. FOR CERTAIN PERMITS, TO PROVIDE FOR A DECISION ON THE RECORD, TO PROVIDE FOR FINDINGS, TO S 1351 PROVIDE FOR RULES AND TO MAKE A TECHNICAL BY FINANCE COMMITTEE CORRECTION. AN ACT APPROPRIATING MONEYS TO PUBLIC HEALTH S 1348 DISTRICTS FOR FISCAL YEAR 2013; AND PROVIDING BY STATE AFFAIRS COMMITTEE GUIDANCE FOR EMPLOYEE COMPENSATION AND AN ACT BENEFITS. RELATING TO THE MEDICAL CONSENT AND NATURAL DEATH ACT; PROVIDING A SHORT TITLE; S 1352 AMENDING SECTION 39-4509, IDAHO CODE, TO BY FINANCE COMMITTEE REVISE LEGISLATIVE INTENT; AMENDING SECTION AN ACT 39-4513, IDAHO CODE, TO REVISE PROVISIONS APPROPRIATING MONEYS TO THE DEPARTMENT OF RELATING TO HEALTH CARE PROVIDERS UNWILLING SELF-GOVERNING AGENCIES FOR THE MEDICAL TO CONFORM TO THE DESIRES OF PATIENTS AND BOARDS FOR FISCAL YEAR 2013; LIMITING THE THOSE AUTHORIZED TO CONSENT FOR THEM; AND NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT AMENDING SECTION 39-4514, IDAHO CODE, TO POSITIONS; AND PROVIDING GUIDANCE FOR PREVENT THE DISCRIMINATORY DENIAL OF CERTAIN EMPLOYEE COMPENSATION AND BENEFITS. HEALTH CARE INCLUDING ASSISTED FEEDING OR ARTIFICIAL NUTRITION AND HYDRATION. [February 28, 2012 SENATE JOURNAL 137

S 1353 H 513 , by Agricultural Affairs Committee, was introduced, BY FINANCE COMMITTEE read the first time at length, and referred to the Agricultural AN ACT Affairs Committee. APPROPRIATING MONEYS TO THE DIVISION OF BUILDING SAFETY FOR FISCAL YEAR 2013; H 503 , by Health and Welfare Committee, was introduced, LIMITING THE NUMBER OF AUTHORIZED FULL-TIME read the first time at length, and referred to the Health and Welfare EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE Committee. FOR EMPLOYEE COMPENSATION AND BENEFITS. H 555 , by State Affairs Committee, was introduced, read the first time at length, and referred to the Commerce and Human S 1354 Resources Committee. BY FINANCE COMMITTEE AN ACT The Senate advanced to the Twelfth Order of Business. APPROPRIATING MONEYS TO THE COMMISSION ON HISPANIC AFFAIRS FOR FISCAL YEAR 2013; Second Reading of Bills LIMITING THE NUMBER OF AUTHORIZED FULL-TIME H 389 , by Agricultural Affairs Committee, was read the EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE second time at length and filed for third reading. FOR EMPLOYEE COMPENSATION AND BENEFITS. Senator McKague was recorded present at this order of S 1355 business. BY JUDICIARY AND RULES COMMITTEE AN ACT The Senate advanced to the Thirteenth Order of Business. RELATING TO HIGHWAYS AND RIGHTS-OF-WAY; AMENDING SECTION 6-401, IDAHO CODE, TO REVISE Third Reading of Bills PROVISIONS RELATING TO AN ACTION TO QUIET S 1319 was read the third time at length, section by section, TITLE; AND AMENDING CHAPTER 2, TITLE 40, IDAHO and placed before the Senate for final consideration. Senator CODE, BY THE ADDITION OF A NEW SECTION 40-211, Keough arose as sponsor of the bill and opened the debate. The IDAHO CODE, TO ESTABLISH PROVISIONS RELATING question being, "Shall the bill pass?" TO THE EXHAUSTION OF CERTAIN PROCEDURES. Roll call resulted as follows: S 1356 BY JUDICIARY AND RULES COMMITTEE AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AN ACT Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, RELATING TO HIGHWAY DISTRICTS; AMENDING Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, SECTION 40-1309, IDAHO CODE, TO REVISE PROVISIONS Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, RELATING TO THE CORPORATE POWERS OF HIGHWAY Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, DISTRICTS. Werk, Winder. Total - 33. NAYS–None. S 1357 BY JUDICIARY AND RULES COMMITTEE Absent and excused–Lodge. Total - 1. AN ACT RELATING TO PROPERTY TAXES; AMENDING SECTION Total - 34. [District 10 seat is temporarily vacant.] 63-1003, IDAHO CODE, TO PROVIDE THAT A PERSONAL Whereupon the President Pro Tempore declared PROPERTY TAX LIEN ASSESSED ON A SPECIFIC S 1319 passed, title was approved, and the bill ordered PERSONAL PROPERTY SHALL HAVE PRIORITY OVER transmitted to the House. A PURCHASE MONEY SECURITY INTEREST IN ONLY THAT SPECIFIC PERSONAL PROPERTY. S 1309 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1347, S 1348, S 1349, S 1350, S 1351, S 1352, S 1353, Broadsword arose as sponsor of the bill and opened the debate. S 1354, S 1355, S 1356, and S 1357 were introduced, read the first The question being, "Shall the bill pass?" time at length, and referred to the Judiciary and Rules Committee for printing. Roll call resulted as follows: H 546 , by Commerce and Human Resources Committee, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, was introduced, read the first time at length, and referred to the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Commerce and Human Resources Committee. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, H 536 , by State Affairs Committee, was introduced, read the Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, first time at length, and referred to the State Affairs Committee. Werk, Winder. Total - 33. H 481 , by Education Committee, was introduced, read the NAYS–None. first time at length, and referred to the Education Committee. Absent and excused–Lodge. Total - 1. H 472 , by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the Total - 34. [District 10 seat is temporarily vacant.] Transportation Committee. Whereupon the President Pro Tempore declared S 1309 passed, title was approved, and the bill ordered transmitted to the House. 138 SENATE JOURNAL February 28, 2012]

H 417 was read the third time at length, section by section, SENATE AMENDMENT TO S 1231 and placed before the Senate for final consideration. Senator AMENDMENT TO SECTION 1 Winder arose as sponsor of the bill and opened the debate. The On page 2 of the printed bill, in line 8, delete ". A"; and delete question being, "Shall the bill pass?" lines 9 through 22, and insert: ", which shall include, but not be limited to, a repair waiver and a hardship waiver.". Roll call resulted as follows: On page 3, delete lines 13 and 14, and insert: "(6) Every five AYES–Andreason, Bair, Bilyeu, Bock, Brackett, (5) years beginning with the implementation of the program in Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, 2013, the director shall review the air quality data and determine Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, make recommendations to the legislature for its determination Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, whether". Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. CORRECTION TO TITLE NAYS–None. On page 1, delete lines 3 and 4, and insert: "SECTION 39-116B, IDAHO CODE, TO PROVIDE FOR A REPAIR Absent and excused–Lodge. Total - 1. WAIVER AND A HARDSHIP WAIVER AND TO PROVIDE FOR RECOMMENDATIONS TO THE LEGISLATURE Total - 34. [District 10 seat is temporarily vacant.] FROM THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY EVERY FIVE YEARS Whereupon the President Pro Tempore declared BEGINNING IN 2013.". H 417 passed, title was approved, and the bill ordered returned to the House. SENATE AMENDMENT TO S 1317 AMENDMENT TO SECTION 1 H 393, as amended, was read the third time at length, section On page 1 of the printed bill, delete lines 24 through 36; and by section, and placed before the Senate for final consideration. on page 2, delete lines 1 and 2, and insert: Senator LeFavour arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" "ROUTE PROJECT DESCRIPTION Roll call resulted as follows: US-95 SH-1 to Canadian border AYES–Andreason, Bair, Bilyeu, Bock, Brackett, US-95 Garwood to Sagle Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, US-95 Worley to Setters Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, US-95 Thorn Creek to Moscow Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. US-95 Smokey Boulder to Hazard Creek SH-16 Ext South Emmett to Mesa with connection to SH-55 NAYS–None. SH-16 Ext I-84 to South Emmett Absent and excused–Lodge. Total - 1. I-84 Caldwell to Meridian Total - 34. [District 10 seat is temporarily vacant.] I-84 Orchard to Isaacs Canyon Whereupon the President Pro Tempore declared H 393, as amended, passed, title was approved, and the bill ordered returned US-93 Twin Falls alternate route and new Snake River to the House. crossing SH-75 Timmerman to Ketchum The Senate advanced to the Fourteenth Order of Business. US-20 St. Anthony to Ashton Senator Lodge was recorded present at this order of business. US-30 McCammon to Soda Springs".

General Calendar CORRECTION TO TITLE On page 1, delete lines 3 through 5, and insert: "PROVIDE The President Pro Tempore declared the Senate resolved into FOR A BRIDGE PROGRAM, TO REVISE PROVISIONS the Committee of the Whole and called Senator Winder to the RELATING TO A LIMIT ON TOTAL CUMULATIVE DEBT Chair to preside during the sitting of the Committee of the Whole. SERVICE AND CERTAIN EXPENSES, TO PROVIDE THAT THE BOARD SHALL LIST AND APPROVE CERTAIN Following the adjournment of the Committee of the Whole, PROJECTS, TO PROVIDE FOR A STATUS UPDATE AND the President Pro Tempore called the Senate to order. TO MAKE TECHNICAL CORRECTIONS.".

Report of the Committee of the Whole SENATE AMENDMENT TO S 1255, As Amended AMENDMENT TO SECTION 1 On page 2 of the engrossed bill, delete line 39, and insert: Senator Winder, Chairman of the Committee of the Whole, "vide for the disclosure of records of investigations associated reported out S 1231, S 1317, S 1255, as amended, S 1294, and with actions pursuant to the provisions of chapter 16, title S 1323 , without recommendation, amended as follows: 16, Idaho Code, prepared by the department of health and [February 28, 2012 SENATE JOURNAL 139 welfare pursuant to its statutory responsibilities dealing with the protection of children except any such records regarding adoptions shall remain exempt from disclosure.". Roll call showed all members present except Senator Andreason, absent and formally excused by the Chair; and CORRECTION TO TITLE Senators Bair, Brackett, and Lodge, absent and excused. [District On page 1, in line 7, following "DISCLOSURE" 10 seat is temporarily vacant.] delete "AND" and insert: ","; and delete lines 9 and 10, and insert: "AND WELFARE MAY PROVIDE FOR THE Prior to recess the Senate was at the Fifth Order of Business, DISCLOSURE OF CERTAIN RECORDS AND TO PROVIDE Petitions, Resolutions, and Memorials. AN EXCEPTION; AND DECLARING AN EMERGENCY.". The Senate advanced to the Sixth Order of Business. SENATE AMENDMENT TO S 1294 AMENDMENT TO SECTION 14 Reports of Standing Committees On page 15 of the printed bill, in line 45, following "July 1," delete "2007" and insert: "2007 2012". February 28, 2012 CORRECTION TO TITLE The JUDICIARY AND RULES Committee reports that On page 1, in line 37, following "EXISTING DIRECTIVES" Senate amendments to S 1231, S 1317, S 1255, as amended, insert: ", TO REVISE PROVISIONS RELATING TO EXISTING S 1294, and S 1323 have been correctly printed. DIRECTIVES AND DIRECTIVES FROM OTHER STATES". DARRINGTON, Chairman SENATE AMENDMENT TO S 1323 AMENDMENT TO SECTION 1 The report was ordered filed in the office of the Secretary of On page 1 of the printed bill, delete lines 14 through 18, and the Senate. insert: "(2) Notwithstanding the limitations of chapter 17, title February 28, 2012 34, Idaho Code, e Each library district trustee shall be subject to recall following procedures as closely as possible to the The JUDICIARY AND RULES Committee reports that procedures described for the recall of county commissioners S 1231, as amended, S 1317, as amended, S 1255, as amended, pursuant to provided in chapter 17, title 34, Idaho Code."; as amended, S 1294, as amended, and S 1323, as amended, have delete lines 22 through 27; and in line 28, delete "(b)" and insert: been correctly engrossed. "If, pursuant to section 33-2717, Idaho Code, no election was DARRINGTON, Chairman held for the trustee being recalled: (a) The number of district electors required to sign the S 1231, as amended, S 1317, as amended, S 1255, as petition seeking a recall election must be not less than fifty amended, as amended, S 1294, as amended, and S 1323, as (50), or twenty percent (20%) of the number of votes cast in amended, were filed for first reading. the last trustee election held in the library district, whichever is the greater. Senator Brackett was recorded present at this order of (b)". business. February 28, 2012 The Committee also has S 1321 under consideration, reports progress, and begs leave to sit again. The AGRICULTURAL AFFAIRS Committee reports out S 1304 and S 1346 with the recommendation that they do pass. WINDER, Chairman SIDDOWAY, Chairman On motion by Senator Winder, seconded by Senator Stennett, the report was adopted by voice vote. S 1304 and S 1346 were filed for second reading. S 1231, as amended, S 1317, as amended, S 1255, as Senator Lodge was recorded present at this order of business. amended, as amended, S 1294, as amended, and S 1323, as amended, were referred to the Judiciary and Rules Committee February 28, 2012 for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. The JUDICIARY AND RULES Committee reports out H 449 with the recommendation that it be referred to the On request by Senator Davis, granted by unanimous consent, Fourteenth Order of Business for amendment. the Senate returned to the Fifth Order of Business. DARRINGTON, Chairman Petitions, Resolutions, and Memorials There being no objection, H 449 was referred to the On motion by Senator Davis, seconded by Senator Malepeai, Fourteenth Order of Business, General Calendar. by voice vote the Senate recessed at 12:15 p.m. until the hour of 4:30 p.m. of this day. February 28, 2012 RECESS The COMMERCE AND HUMAN RESOURCES AFTERNOON SESSION Committee reports out H 419, H 466, H 467, and H 468 with the recommendation that they do pass. The Senate reconvened at 4:30 p.m., pursuant to recess, President Pro Tempore Hill presiding. ANDREASON, Chairman 140 SENATE JOURNAL February 28, 2012]

H 419, H 466, H 467, and H 468 were filed for second On request by Senator Siddoway, granted by unanimous reading. consent, S 1305 was recommitted to the Resources and Environment Committee. Senator Bair was recorded present at this order of business. H 455 was read the third time at length, section by section, February 28, 2012 and placed before the Senate for final consideration. Senator The EDUCATION Committee reports out H 498 with the LeFavour arose as sponsor of the bill and opened the debate. recommendation that it do pass. The question being, "Shall the bill pass?" GOEDDE, Chairman Roll call resulted as follows: H 498 was filed for second reading. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, February 28, 2012 Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, The LOCAL GOVERNMENT AND TAXATION Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Committee reports out H 482 with the recommendation that it Total - 33. do pass. NAYS–None. CORDER, Chairman Absent and excused–Andreason. Total - 1. H 482 was filed for second reading. Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Whereupon the President Pro Tempore declared H 455 passed, title was approved, and the bill ordered returned Messages from the House to the House. February 28, 2012 Dear Mr. President: H 475 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator I transmit herewith Enrolled H 375, H 369, H 407, H 408, Nuxoll arose as sponsor of the bill and opened the debate. The H 409, and H 473 for the signature of the President. question being, "Shall the bill pass?" ALEXANDER, Chief Clerk Roll call resulted as follows: The President Pro Tempore signed Enrolled H 375, H 369, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, H 407, H 408, H 409, and H 473 and ordered them returned to Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, the House. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, On request by Senator Davis, granted by unanimous consent, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. the Senate advanced to the Eleventh Order of Business. Total - 33. Introduction, First Reading, and Reference of Bills, NAYS–None. House Petitions, Resolutions, and Memorials Absent and excused–Andreason. Total - 1. S 1231, as amended, and S 1317, as amended, by State Affairs Committee, were read the first time at length and filed Total - 34. [District 10 seat is temporarily vacant.] for second reading. Whereupon the President Pro Tempore declared S 1255, as amended, as amended, and S 1294, as amended, H 475 passed, title was approved, and the bill ordered returned by Health and Welfare Committee, were read the first time at to the House. length and filed for second reading. S 1323, as amended, by State Affairs Committee, was read H 446 was read the third time at length, section by section, the first time at length and filed for second reading. and placed before the Senate for final consideration. Senator Cameron arose as sponsor of the bill and opened the debate. The On request by Senator Davis, granted by unanimous consent, question being, "Shall the bill pass?" the Senate advanced to the Thirteenth Order of Business. Roll call resulted as follows: Third Reading of Bills AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, On request by Senator Davis, granted by unanimous consent, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, S 1305 was placed before the Senate for consideration at this Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, time. McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, S 1305 was read the third time at length, section by section, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. and placed before the Senate for final consideration. Senator Total - 33. Pearce arose as sponsor of the bill and opened the debate. Senator NAYS–None. Pearce yielded the remainder of his time to Senator Siddoway. Absent and excused–Andreason. Total - 1. Pursuant to Senate Rule 39(H), Senator Siddoway disclosed a possible conflict of interest under applicable law. Total - 34. [District 10 seat is temporarily vacant.] [February 28, 2012 SENATE JOURNAL 141

Whereupon the President Pro Tempore declared H 446 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 5:20 p.m. until the hour of 10 a.m., Wednesday, February 29, 2012. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary 142 SENATE JOURNAL February 29, 2012]

SENATE JOURNAL On request by Senator Goedde, granted by unanimous consent, SCR 124 was referred to the Education Committee. OF THE On request by Senator Davis, granted by unanimous consent, IDAHO LEGISLATURE the Senate advanced to the Ninth Order of Business. Messages from the House SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE February 28, 2012 Dear Mr. President: I transmit herewith H 556, H 494, H 403, H 514, H 465, FIFTY-SECOND LEGISLATIVE DAY H 492, H 539, HCR 34, HCR 37, HCR 38, HCR 42, HCR 43, WEDNESDAY, FEBRUARY 29, 2012 and HJM 8 , which have passed the House. ALEXANDER, Chief Clerk Senate Chamber H 556, H 494, H 403, H 514, H 465, H 492, H 539, HCR 34, President Little called the Senate to order at 10 a.m. HCR 37, HCR 38, HCR 42, HCR 43, and HJM 8 were filed for first reading. The Senate advanced to the Tenth Order of Business. Roll call showed all members present except Senators Cameron and Pearce, absent and excused. [District 10 seat is Motions and Resolutions temporarily vacant.] Prayer was offered by Chaplain Keith Buhler. Senator Pearce was recorded present at this order of business. The Pledge of Allegiance was led by Joshua Smith, Page. The President announced that the State Affairs Committee report relative to the Gubernatorial appointment of James C. The Senate advanced to the Third Order of Business. Hammond was before the Senate for final consideration, the Reading and Correction of the Journal question being, "Shall the report be adopted?" The JUDICIARY AND RULES Committee reports that the On motion by Senator Lodge, seconded by Senator Bilyeu, Senate Journal of the proceedings of February 28, 2012, was read the Gubernatorial appointment of James C. Hammond as a and approved as corrected. member of the State Building Authority was confirmed by voice vote. DARRINGTON, Chairman The President declared the report adopted and directed the There being no objection, the report was adopted and ordered Secretary of the Senate to prepare a letter of the Gubernatorial filed in the office of the Secretary of the Senate. appointment confirmation for his signature, attested to bythe On request by Senator Winder, granted by unanimous Secretary, to be transmitted to the Governor informing him of consent, the Senate advanced to the Sixth Order of Business. the action of the Senate. Reports of Standing Committees The Senate advanced to the Eleventh Order of Business. February 29, 2012 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports that S 1347, S 1348, S 1349, S 1350, S 1351, S 1352, S 1353, S 1354, S 1355, S 1356, S 1357, SJM 104, SCR 123, and SCR 124 have S 1358 been correctly printed. BY JUDICIARY AND RULES COMMITTEE AN ACT DARRINGTON, Chairman RELATING TO BULLYING; AMENDING SECTION S 1347, S 1355, and S 1356 were referred to the 18-917A, IDAHO CODE, TO PROVIDE APPLICATION Transportation Committee. OF THE SECTION TO ADDITIONAL BEHAVIOR, TO DEFINE A TERM, TO REVISE WHAT ACTION S 1348 and S 1349 were referred to the State Affairs SHALL BE AN INFRACTION AND TO REPLACE Committee. DISCRETIONARY LANGUAGE WITH MANDATORY LANGUAGE; AMENDING SECTION 33-512, IDAHO S 1350, S 1351, S 1352, S 1353, and S 1354 were referred CODE, TO PROVIDE ADDITIONAL DUTIES REGARDING to the Finance Committee. GOVERNANCE OF SCHOOLS AND TO MAKE TECHNICAL S 1357 was referred to the Local Government and Taxation CORRECTIONS; AND AMENDING CHAPTER 12, TITLE 33, Committee. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1208B, IDAHO CODE, TO PROVIDE CERTIFICATED SJM 104 and SCR 123 were referred to the Tenth Order PERSONNEL OBLIGATIONS FOR HARASSMENT, of Business, Motions and Resolutions, and ordered held at the INTIMIDATION, BULLYING AND CYBERBULLYING Secretary's desk for one legislative day. INFORMATION AND PROFESSIONAL DEVELOPMENT. [February 29, 2012 SENATE JOURNAL 143

S 1359 H 465 and H 492 , by Business Committee, were introduced, BY FINANCE COMMITTEE read the first time at length, and referred to the Commerce and AN ACT Human Resources Committee. APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY H 539 , by Business Committee, was introduced, read the FOR FISCAL YEAR 2012; APPROPRIATING MONEYS first time at length, and referred to the State Affairs Committee. TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR FISCAL YEAR 2013; LIMITING THE HCR 34 , by Environment, Energy, and Technology NUMBER OF FULL-TIME EQUIVALENT POSITIONS; Committee, was introduced, read at length, and referred to the APPROPRIATING AND TRANSFERRING MONEYS TO State Affairs Committee. THE ENVIRONMENTAL REMEDIATION BASIN FUND; HCR 37 and HCR 38 , by Agricultural Affairs Committee, EXPRESSING LEGISLATIVE INTENT REGARDING were introduced, read at length, and referred to the Agricultural THE ENVIRONMENTAL REMEDIATION BASIN FUND Affairs Committee. AND REQUIRING AN ANNUAL REPORT; EXPRESSING LEGISLATIVE INTENT WITH REGARD TO USE OF THE HCR 42 and HCR 43 , by State Affairs Committee, were WATER POLLUTION CONTROL FUND; PROVIDING introduced, read at length, and referred to the Health and Welfare GUIDANCE FOR EMPLOYEE COMPENSATION AND Committee. BENEFITS; AND DECLARING AN EMERGENCY. HJM 8 , by Education Committee, was introduced, read at S 1360 length, and referred to the Education Committee. BY FINANCE COMMITTEE AN ACT The Senate advanced to the Twelfth Order of Business. RELATING TO APPROPRIATIONS TO THE ENDOWMENT FUND INVESTMENT BOARD; AMENDING SECTION Second Reading of Bills 1, CHAPTER 146, LAWS OF 2011, TO ADJUST THE S 1344 , by State Affairs Committee, was read the second APPROPRIATION BETWEEN EXPENSE CLASSES time at length and filed for third reading. AND FUNDS; AMENDING SECTION 4, CHAPTER 146, LAWS OF 2011, TO AMEND LEGISLATIVE INTENT; H 574 , by Appropriations Committee, was read the second APPROPRIATING MONEYS TO THE ENDOWMENT time at length and filed for third reading. FUND INVESTMENT BOARD FOR FISCAL YEAR 2013; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME S 1275, S 1332, and S 1340 , by Judiciary and Rules EQUIVALENT POSITIONS; PROVIDING A CONTINUOUS Committee, were read the second time at length and filed for APPROPRIATION FOR CERTAIN COSTS; EXPRESSING third reading. LEGISLATIVE INTENT REGARDING THE TRANSFER OF MONEYS FROM THE EARNINGS RESERVE FUNDS S 1295 and S 1326 , by Health and Welfare Committee, were TO THE INCOME FUNDS; PROVIDING GUIDANCE FOR read the second time at length and filed for third reading. EMPLOYEE COMPENSATION AND BENEFITS; AND DECLARING AN EMERGENCY. S 1331 , by Finance Committee, was read the second time at length and filed for third reading. S 1361 S 1304 , by Agricultural Affairs Committee, was read the BY FINANCE COMMITTEE second time at length and filed for third reading. AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE OFFICE S 1346 , by Finance Committee, was read the second time at OF ENERGY RESOURCES FOR FISCAL YEAR 2012; length and filed for third reading. APPROPRIATING MONEYS TO THE OFFICE OF ENERGY RESOURCES FOR FISCAL YEAR 2013; LIMITING THE H 419, H 466, H 467, and H 468 , by Business Committee, NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT were read the second time at length and filed for third reading. POSITIONS; PROVIDING NON-GENERAL FUND REAPPROPRIATION FOR FISCAL YEAR 2013; PROVIDING H 498 , by Education Committee, was read the second time GUIDANCE FOR EMPLOYEE COMPENSATION AND at length and filed for third reading. BENEFITS; AND DECLARING AN EMERGENCY. H 482 , by Local Government Committee, was read the S 1358, S 1359, S 1360, and S 1361 were introduced, read second time at length and filed for third reading. the first time at length, and referred to the Judiciary and Rules Committee for printing. S 1231, as amended, and S 1317, as amended, by State Affairs Committee, were read the second time at length and filed H 556 , by Education Committee, was introduced, read the for third reading. first time at length, and referred to the Education Committee. S 1255, as amended, as amended, and S 1294, as amended, H 494 , by Resources and Conservation Committee, was by Health and Welfare Committee, were read the second time at introduced, read the first time at length, and referred to the length and filed for third reading. Resources and Environment Committee. S 1323, as amended, by State Affairs Committee, was read H 403 and H 514 , by Judiciary, Rules, and Administration the second time at length and filed for third reading. Committee, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee. The Senate advanced to the Thirteenth Order of Business. 144 SENATE JOURNAL February 29, 2012]

Third Reading of Bills Senator Cameron was recorded present at this order of business. H 389 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared H 389 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Third Reading Calendar was reordered placing S 1231 , as amended, S 1317 , as amended, S 1255 , as amended, as amended, S 1294 , as amended, and S 1323 , as amended at the head of the calendar, followed by remaining Senate bills, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 10:35 a.m. until the hour of 10 a.m., Thursday, March 1, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [March 1, 2012 SENATE JOURNAL 145

SENATE JOURNAL WHEREAS, the U.S. Fish and Wildlife Service will be required to reevaluate the status of the species throughout its OF THE eleven-state western range by September 30, 2015; and WHEREAS, Governor Otter has acknowledged this timeline provides Idaho an opportunity to continue and improve the good IDAHO LEGISLATURE work Idaho has already been doing towards precluding the need to list the species. The Governor has noted that, over the past SECOND REGULAR SESSION ten years, Idaho has developed a Sage-Grouse Conservation SIXTY-FIRST LEGISLATURE Plan, and funding has been provided for the twelve Sage-Grouse Local Working Groups to provide on-the-ground conservation measures. The Governor states that through this work we have halted the decline and are now seeing a gradual increase in some of Idaho's sage-grouse populations; and FIFTY-THIRD LEGISLATIVE DAY WHEREAS, Governor Otter desires to ensure that Idaho THURSDAY, MARCH 1, 2012 has a sound, science-based plan that will provide for the bird's sustainability in Idaho, preclude a listing under the ESA, assure predictable uses of Idaho's public lands and enable Idaho Senate Chamber citizens to participate in the process. With those goals in mind, President Little called the Senate to order at 10 a.m. Governor Otter will be forming a Governor's Task Force on Idaho Sage-Grouse; and WHEREAS, Governor Otter has established specific goals for the Idaho plan, which goals include the drafting of a plan Roll call showed all members present except Senator for the greater sage-grouse to exempt the state from compliance Goedde, absent and formally excused by the Chair; and Senators with the National Bureau of Land Management's Instruction Andreason, Bair, Cameron, Hammond, and Werk, absent and Memorandum guidance, to provide a mechanism to preclude the excused. [District 10 seat is temporarily vacant.] need to list the species under the ESA, and in the event of listing, Prayer was offered by Chaplain Keith Buhler. to minimize the impact to and provide regulatory certainty for, the use of permitted and lawful activities on public land; and The Pledge of Allegiance was led by Kyle Son, Page. WHEREAS, Governor Otter has also established objectives of the task force in development of a plan that is The Senate advanced to the Third Order of Business. biologically-driven, legally defensible and politically palatable, Reading and Correction of the Journal centered on conserving the species and its habitat while maintaining predictable levels of land use and the result of input The JUDICIARY AND RULES Committee reports that the from a diverse group of stakeholders. Additional objectives will Senate Journal of the proceedings of February 29, 2012, was read include the ability of the plan to be incorporated into the Bureau and approved as corrected. of Land Management's Resource Management Plans (RMPs) DARRINGTON, Chairman and the U.S. Forest Service's Land Management Plans (LMPs) consistent with the requirements of the National Environmental There being no objection, the report was adopted and ordered Policy Act (NEPA), calibrated to meet the "adequate regulatory filed in the office of the Secretary of the Senate. mechanism" standard under the ESA, and built on, to the extent possible, the great efforts provided by local sage-grouse working Senators Werk and Hammond were recorded present at this group plans and the current 2006 statewide plan for the species. order of business. The task force would also request and seek pertinent scientific On request by Senator Davis, granted by unanimous consent, information and technical expertise to inform the task force's the Senate advanced to the Fifth Order of Business. deliberations regarding key sage-grouse habitat. NOW, THEREFORE, BE IT RESOLVED by the members of Petitions, Resolutions, and Memorials the Second Regular Session of the Sixty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, SCR 125 that we endorse and encourage Governor C.L. "Butch" Otter in BY STATE AFFAIRS COMMITTEE his efforts moving forward expeditiously with the Governor's A CONCURRENT RESOLUTION Task Force on Idaho Sage-Grouse and request that the Governor STATING THE FINDINGS OF THE LEGISLATURE AND report to the Pro Tempore of the Senate and the Speaker of ENDORSING AND ENCOURAGING GOVERNOR C.L. the House of Representatives upon completion of the plan and "BUTCH" OTTER IN HIS EFFORTS MOVING FORWARD to report on the work and progress of the task force to the 1st WITH THE GOVERNOR'S SAGE-GROUSE TASK FORCE. Regular Session of the 62nd Idaho Legislature. BE IT FURTHER RESOLVED that we encourage the Be It Resolved by the Legislature of the State of Idaho: Governor's coordinated involvement of state agencies and offices WHEREAS, in March of 2010, the U.S. Fish and Wildlife with jurisdiction significantly affecting sage-grouse including, Service determined that listing greater sage-grouse as a threatened but not limited to, the Idaho Department of Fish and Game, or endangered species under the federal Endangered Species the Idaho State Department of Agriculture, the Department of Act ("ESA") was warranted, but precluded by higher priority Lands, the Department of Parks and Recreation, the Office of listing actions. Sage-grouse are now classified as "warranted but Energy Resources and the Office of Species Conservation. precluded"; and BE IT FURTHER RESOLVED that we encourage the WHEREAS, Governor C.L. "Butch" Otter has emphasized coordinated involvement with neighboring states in their the great need to conserve the species and its habitat while response to the Bureau of Land Management and the U.S. maintaining other multiple uses of Idaho's public lands; and Forest Service guidance and policy proposals. We further request 146 SENATE JOURNAL March 1, 2012] that the Governor consider the appropriate use of the state's (b) Prohibiting Congress, with stated conditions and/or Constitutional Defense Fund to defend the state's interest in exceptions, from exercising its powers under Article I, the management of its resources, including both its lands and Section 8, Clause 3 (the "Commerce Clause") to do the its wildlife. The Legislature also encourages Attorney General following: Lawrence G. Wasden and the Office of the Governor to continue (i) To mandate or regulate activities and/or conduct vigorous defense of Idaho's interests by actively intervening in of primarily an intrastate nature or having primarily an federal litigation affecting sage-grouse. intrastate effect. (ii) To mandate non-extant conduct or activities SCR 126 thereby restricting such power to regulation of existing BY STATE AFFAIRS COMMITTEE conduct or activities. A CONCURRENT RESOLUTION (iii) To own, manage, or regulate any and/or all wildlife STATING FINDINGS OF THE LEGISLATURE AND located in any state without the express consent of the MAKING APPLICATION TO THE CONGRESS OF state in which such wildlife is located. THE UNITED STATES UNDER ARTICLE V OF THE 4. Restoring the balance to federalism by providing that the CONSTITUTION OF THE UNITED STATES FOR CALLING legislatures of two thirds of the states can repeal any federal law A CONVENTION FOR PROPOSING AMENDMENTS TO or regulation. THE UNITED STATES CONSTITUTION LIMITED TO 5. Re-enforcing the right to bear arms as a fundamental right SPECIFIC SUBJECTS. of every citizen of the United States and that the exercise of this right, with any stated conditions and/or exceptions, shall not be Be It Resolved by the Legislature of the State of Idaho: subject to licensure, registration, or taxation. 6. Eliminating and/or curtailing, with any stated conditions WHEREAS, the Legislature of the State of Idaho hereby and/or exceptions, any and/or all of the benefits and pensions, makes Application to the Congress of the United States as present and/or past, provided by the federal government to follows: members of Congress. 7. Eliminating and/or curtailing, with any stated conditions SECTION 1. The Legislature of the State of Idaho hereby and/or exceptions, any and/or all federal lobbying activities of makes Application to the Congress of the United States under the members of Congress for a period of time after they leave office. provisions of Article V of the Constitution of the United States, for the call of a convention for proposing amendments to the United States Constitution. WHEREAS, this Application shall be deemed an Application for a convention under the provisions of Article V of the Constitution of the United States to address each and/or any of the SECTION 2. This Application is for a convention limited to subjects in Section 2. For purposes of the determining whether considering and proposing amendments to the Constitution of the two thirds of the states have applied for such a convention United States on the following subjects: addressing any subjects in Section 2. of this Application, the 1. Improving the fiscal management of the federal subjects set forth in this Application are severable and any government by doing any combination of any or all of the said subject is to be aggregated with any like subject in any following: applications of any other state legislatures for the purpose of (a) Imposing requirements, with any stated conditions and/or calling such a convention. exceptions, that federal expenditures during a fixed time WHEREAS, this is a continuing Application and remains in period not exceed federal revenues or anticipated revenues effect until rescission by any sitting session of the legislature of during that time period; this state. This Application does not constitute a recognition that (b) Imposing either or both of the following: any particular activity or activities currently undertaken by the (i) Prohibitions on the amount and/or other aspects federal government is or are authorized by the Constitution. of the federal debt. NOW, THEREFORE, BE IT RESOLVED by the members of (ii) Limits on the amount and/or other aspects of the the Second Regular Session of the Sixty-first Idaho Legislature, federal debt. the Senate and the House of Representatives concurring therein, (c) Imposing limits with any stated requirements and/or that the Secretary of State is hereby directed to transmit conditions on federal expenditures, revenue, and/or taxes or copies of this Application to the President and Secretary of the any combination of any or all of these. United States Senate, the Speaker and Clerk of the House of 2. Improving the legislative process by requiring any Representatives of the United States Congress, the Archivist of combination of any or all of the following: the United States, and copies to the members of the said Senate (a) That all bills, orders, votes, and resolutions introduced in and House of Representatives from this State; also to transmit and passed by Congress contain only a single subject. copies hereof to the presiding officers of each of the legislative (b) A minimum time period before passage for bills, chambers in the several states, requesting their cooperation. orders, votes and resolutions to be reviewed by members of Congress and members of the general public. SJM 105 3. Restraining Congress from exercising its power beyond BY STATE AFFAIRS COMMITTEE the defined, limited, and enumerated powers set forth inthe A JOINT MEMORIAL Constitution by doing any combination of any or all of the TO THE SENATE AND HOUSE OF REPRESENTATIVES OF following: THE UNITED STATES IN CONGRESS ASSEMBLED, AND (a) Prohibiting Congress from employing its spending power TO THE CONGRESSIONAL DELEGATION REPRESENTING to regulate activities of any state, subdivision of any state, THE STATE OF IDAHO IN THE CONGRESS OF THE or any official thereof, unless the federal government fully UNITED STATES. funds the cost of compliance. We, your Memorialists, the Senate and the House of Representatives of the State of Idaho assembled in the Second [March 1, 2012 SENATE JOURNAL 147

Regular Session of the Sixty-first Idaho Legislature, do hereby BE IT FURTHER RESOLVED that the Senate and the respectfully represent that: House of Representatives of Idaho call on the President of the WHEREAS, the failure of Congress to reexamine, reform United States of America to forcefully direct his federal land and reauthorize our nation's major environmental laws, management agencies to utilize free market principles such as particularly the Endangered Species Act and the National cost-benefit analysis and peer review of the science involved in Environmental Policy Act, has resulted in a court takeover of their decision making and respect the concept of multiple use in species and public land management responsibilities; and the management of federal lands. WHEREAS, Congress has failed to reclaim its constitutional BE IT FURTHER RESOLVED that the Senate and the role over the management of species and public lands from House of Representatives of Idaho call on our congressional overzealous federal agencies and an activist federal judiciary; delegation to urge all federal land management agencies to use and their discretionary authority to maximize the role and influence WHEREAS, the federal Equal Access to Justice Act of local communities in federal land management decisions. continues to authorize the expenditure of countless taxpayer BE IT FURTHER RESOLVED that the Secretary of the funds to pay attorney's fees for the management of federal public Senate be, and she is hereby authorized and directed to forward lands and species through the courts; and a copy of this Memorial to the President of the Senate and the WHEREAS, the same organizations that receive taxpayer Speaker of the House of Representatives of Congress, and the funds for lawsuits via the Equal Access to Justice Act are congressional delegation representing the State of Idaho in the forcing federal agencies, through the courts, to vastly expand the Congress of the United States. number of protected species and habitats regardless of whether a species has been added to the federal listing for Endangered or SCR 125, SCR 126, and SJM 105 were introduced, read Threatened Species or is deserving of such protection; and at length, and referred to the Judiciary and Rules Committee for WHEREAS, the listing, or potential listing, of species printing. including wolves, sage grouse and slickspot peppergrass pose a direct threat to the economic livelihood of ranchers across the The Senate advanced to the Sixth Order of Business. State of Idaho; and WHEREAS, the vast expansion of listed species has the potential to cause immeasurable financial harm to the economy Reports of Standing Committees of Idaho and severely curtail recreational opportunities across the state; and WHEREAS, additional federal laws such as the National March 1, 2012 Wildlife Refuge System Improvement Act are causing increased and unnecessary regulatory burdens on local communities, The JUDICIARY AND RULES Committee reports that resource users, recreationalists and the economy of host regions; S 1358, S 1359, S 1360, and S 1361 have been correctly printed. and WHEREAS, the U.S. Fish and Wildlife Service is DARRINGTON, Chairman considering dramatic new regulatory constraints on the S 1358 was referred to the Judiciary and Rules Committee. enjoyment of man-made water bodies such as Lake Lowell and Lake Walcott; and S 1359, S 1360, and S 1361 were referred to the Finance WHEREAS, the U.S. Fish and Wildlife Service is Committee. considering new regulations and constraints on hundreds of thousands of acres in Boundary and Bonner Counties for caribou February 29, 2012 without adequate scientific justification; and WHEREAS, federal authorization for the Endangered The HEALTH AND WELFARE Committee reports out Species Act expired on October 1, 1992; and S 1293 with the recommendation that it do pass. WHEREAS, federal, state and local governments are LODGE, Chairman enjoined in constitutional duty and fiduciary responsibility to provide all available remedies to protect the economy, customs, S 1293 was filed for second reading. culture, public safety and public health of the citizenry; and WHEREAS, Idaho's federal legislators have long recognized February 29, 2012 and championed reforms to the Endangered Species Act, the National Environmental Policy Act and the Equal Access The FINANCE Committee reports out S 1350, S 1351, to Justice Act that would limit the role of the courts in the S 1352, S 1353, and S 1354 with the recommendation that they management of species and public lands and recognize the do pass. important role that states and local units of government should play in species and land management decisions. CAMERON, Chairman NOW, THEREFORE, BE IT RESOLVED by the members of S 1350, S 1351, S 1352, S 1353, and S 1354 were filed for the Second Regular Session of the Sixty-first Idaho Legislature, second reading. the Senate and the House of Representatives concurring therein, that we urge Congress to reexamine, reform and reauthorize the February 29, 2012 Endangered Species Act, the National Environmental Policy Act, the Equal Access to Justice Act and any other federal law The JUDICIARY AND RULES Committee reports out that disrespects the role of states and local governments in land H 484, S 1338, and S 1341 with the recommendation that they management decisions and leads to costly and frivolous lawsuits do pass. that strip authority from Congress and place it in the hands of the judiciary. DARRINGTON, Chairman H 484, S 1338, and S 1341 were filed for second reading. 148 SENATE JOURNAL March 1, 2012]

February 29, 2012 Motions and Resolutions The JUDICIARY AND RULES Committee reports out Senators Andreason and Bair were recorded present at this S 1337 with the recommendation that it be referred to the order of business. Fourteenth Order of Business for amendment. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman SCR 123 was placed before the Senate for final consideration at this time. There being no objection, S 1337 was referred to the Fourteenth Order of Business, General Calendar. The President announced that SCR 123 was before the Senate for final consideration. February 29, 2012 Moved by Senator Winder, seconded by Senator Stennett, The LOCAL GOVERNMENT AND TAXATION that SCR 123 be adopted. The question being, "Shall the Committee reports out S 1357 with the recommendation that it resolution be adopted?" be referred to the Fourteenth Order of Business for amendment. Roll call resulted as follows: CORDER, Chairman AYES–Andreason, Bair, Bilyeu, Bock, Brackett, There being no objection, S 1357 was referred to the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Fourteenth Order of Business, General Calendar. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, February 29, 2012 Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, The LOCAL GOVERNMENT AND TAXATION Werk, Winder. Total - 33. Committee reports out H 489 and H 517 with the recommendation that they do pass. NAYS–None. CORDER, Chairman Absent and excused–Goedde. Total - 1. H 489 and H 517 were filed for second reading. Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Davis, granted by unanimous consent, Whereupon the President declared SCR 123 adopted, title the Senate advanced to the Ninth Order of Business. was approved, and the resolution ordered transmitted to the House. Messages from the House The President announced that SJM 104 was before the Senate for final consideration, the question being, "Shall the memorial be adopted?" Senator Cameron was recorded present at this order of business. On motion by Senator Nuxoll, seconded by Senator Fulcher, SJM 104 was adopted by voice vote, title was approved, and the February 29, 2012 memorial ordered transmitted to the House. Dear Mr. President: The Senate advanced to the Eleventh Order of Business. I transmit herewith H 541, H 386, as amended, H 488, as Introduction, First Reading, and Reference of Bills, amended, H 491, as amended, H 479, as amended, H 507, as House Petitions, Resolutions, and Memorials amended, H 485, as amended, H 511, as amended, H 439, as amended, H 522, as amended, H 520, as amended, H 540, as S 1362 amended, H 512, as amended, H 502, as amended, H 564, as BY STATE AFFAIRS COMMITTEE amended, and HCR 39 , which have passed the House. AN ACT ALEXANDER, Chief Clerk RELATING TO AN APPLICATION OF THE STATE OF IDAHO UNDER ARTICLE V OF THE UNITED H 541, H 386, as amended, H 488, as amended, H 491, STATES CONSTITUTION FOR A CONVENTION FOR as amended, H 479, as amended, H 507, as amended, H 485, PROPOSING AMENDMENTS TO THE UNITED STATES as amended, H 511, as amended, H 439, as amended, H 522, CONSTITUTION; PROVIDING LEGISLATIVE INTENT; as amended, H 520, as amended, H 540, as amended, H 512, AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION as amended, H 502, as amended, H 564, as amended, and OF A NEW CHAPTER 93, TITLE 67, IDAHO CODE, TO HCR 39 were filed for first reading. DEFINE TERMS, TO PROVIDE FOR THE APPOINTMENT OF DELEGATES TO THE CONVENTION, TO PROVIDE February 29, 2012 FOR THE INSTRUCTION TO, SCOPE AND LIMITATION Dear Mr. President: OF AUTHORITY OF, AND COMPENSATION OF SAID DELEGATES, TO PROVIDE DUTIES OF THE SECRETARY I transmit herewith Enrolled HCR 33, H 394, H 438, H 405, OF STATE AND TO PROVIDE A CITATION. and H 469 for the signature of the President. S 1363 ALEXANDER, Chief Clerk BY STATE AFFAIRS COMMITTEE The President signed Enrolled HCR 33, H 394, H 438, AN ACT H 405, and H 469 and ordered them returned to the House. RELATING TO UNCLAIMED PROPERTY; AMENDING SECTION 14-524, IDAHO CODE, TO ALLOW FOR The Senate advanced to the Tenth Order of Business. DONATION OF ANY PROPERTY, PROCEEDS, INTEREST [March 1, 2012 SENATE JOURNAL 149

AND OTHER SUMS PAYABLE UNDER THE UNCLAIMED S 1369 PROPERTY ACT TO CERTAIN ACCOUNTS AND FUNDS. BY JUDICIARY AND RULES COMMITTEE AN ACT S 1364 RELATING TO THE DIRECTORY OF NEW HIRES; BY STATE AFFAIRS COMMITTEE AMENDING CHAPTER 16, TITLE 72, IDAHO CODE, BY AN ACT THE ADDITION OF A NEW SECTION 72-1608, IDAHO RELATING TO THE PUBLIC UTILITIES COMMISSION; CODE, TO PROVIDE A CIVIL PENALTY FOR EMPLOYERS AMENDING CHAPTER 5, TITLE 61, IDAHO CODE, BY THE FAILING TO REPORT THE HIRING OR REHIRING OF ADDITION OF A NEW SECTION 61-542, IDAHO CODE, EMPLOYEES TO THE DEPARTMENT OF LABOR. TO DEFINE THE AUTHORITY OF THE PUBLIC UTILITIES COMMISSION AND ITS JURISDICTION OVER THE ENVIRONMENTAL ATTRIBUTES OF PUBLIC UTILITY S 1370 REGULATORY POLICIES ACT QUALIFYING FACILITIES BY JUDICIARY AND RULES COMMITTEE AND TO PROVIDE FOR USE AND IMPLEMENTATION OF AN ACT ENVIRONMENTAL ATTRIBUTES; AND DECLARING AN RELATING TO THE CONTROL OF VENEREAL DISEASES; EMERGENCY. AMENDING SECTION 39-601, IDAHO CODE, TO REVISE THE ENUMERATED VENEREAL DISEASES; AND AMENDING SECTION 39-604, IDAHO CODE, TO S 1365 REVISE PROVISIONS RELATING TO THE EXAMINATION BY STATE AFFAIRS COMMITTEE OF CERTAIN CONFINED PERSONS FOR VENEREAL AN ACT DISEASES, TO REMOVE THE REQUIREMENT THAT ALL RELATING TO UNCLAIMED PROPERTY AND THE PERSONS CHARGED WITH DRUG RELATED CHARGES PUBLIC RECORDS ACT; AMENDING SECTION SHALL BE TESTED FOR THE ENUMERATED VENEREAL 9-340C, IDAHO CODE, TO PROVIDE THAT PERSONAL DISEASES AND TO REVISE PROVISIONS THAT REQUIRE INFORMATION RELATED TO UNCLAIMED PROPERTY CERTAIN PERSONS TO BE TESTED FOR CERTAIN IS EXEMPT FROM DISCLOSURE; AND AMENDING VENEREAL DISEASES. SECTION 9-340F, IDAHO CODE, TO PROVIDE THAT THE AUDIT METHODOLOGY OF THE UNCLAIMED S 1362, S 1363, S 1364, S 1365, S 1366, S 1367, S 1368, PROPERTY PROGRAM IS EXEMPT FROM DISCLOSURE. S 1369, and S 1370 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing.

S 1366 H 541 , by Business Committee, was introduced, read the BY STATE AFFAIRS COMMITTEE first time at length, and referred to the Health and Welfare AN ACT Committee. RELATING TO ADMINISTRATIVE RULES; AMENDING H 386, as amended, and H 564, as amended, by Education SECTION 67-5220, IDAHO CODE, TO PROVIDE Committee, were introduced, read the first time at length, and STATUTORY PROCEDURES FOR NEGOTIATED referred to the Education Committee. RULEMAKING; AMENDING SECTION 67-5221, IDAHO CODE, TO REVISE NOTICE FOR NEGOTIATED H 488, as amended, by Revenue and Taxation Committee, RULEMAKING, TO PROVIDE FOR AN AGENCY TO POST was introduced, read the first time at length, and referred to the NOTICE OF RULEMAKING ONTO ITS WEBSITE IF THE Local Government and Taxation Committee. AGENCY HAS A WEBSITE AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. H 491, as amended, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. S 1367 BY FINANCE COMMITTEE H 479, as amended, by Transportation and Defense AN ACT Committee, was introduced, read the first time at length, and APPROPRIATING MONEYS TO THE EXECUTIVE OFFICE referred to the State Affairs Committee. OF THE GOVERNOR FOR FISCAL YEAR 2013; LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; H 507, as amended, by Local Government Committee, was EXEMPTING APPROPRIATION OBJECT AND PROGRAM introduced, read the first time at length, and referred to the Local TRANSFER LIMITATIONS; AND PROVIDING GUIDANCE Government and Taxation Committee. FOR EMPLOYEE COMPENSATION AND BENEFITS. H 485, as amended, by Environment, Energy, and Technology Committee, was introduced, read the first time at length, and referred to the Local Government and Taxation S 1368 Committee. BY FINANCE COMMITTEE AN ACT H 511, as amended, by Transportation and Defense APPROPRIATING MONEYS TO THE OFFICE OF THE Committee, was introduced, read the first time at length, and LIEUTENANT GOVERNOR FOR FISCAL YEAR 2013; referred to the Transportation Committee. LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; EXEMPTING APPROPRIATION OBJECT H 439, as amended, and H 502, as amended, by Health and TRANSFER LIMITATIONS; AND PROVIDING GUIDANCE Welfare Committee, were introduced, read the first time at length, FOR EMPLOYEE COMPENSATION AND BENEFITS. and referred to the Health and Welfare Committee. 150 SENATE JOURNAL March 1, 2012]

H 522, as amended, by Commerce and Human Resources S 1255, as amended, as amended, was read the third time Committee, was introduced, read the first time at length, and at length, section by section, and placed before the Senate for referred to the Health and Welfare Committee. final consideration. Senator Corder arose as sponsor of thebill and opened the debate. The question being, "Shall the bill pass?" H 520, as amended, by Environment, Energy, and Technology Committee, was introduced, read the first time at Roll call resulted as follows: length, and referred to the Commerce and Human Resources Committee. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 540, as amended, by Business Committee, was introduced, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, read the first time at length, and referred to the Transportation McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Committee. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. H 512, as amended, by Agricultural Affairs Committee, was introduced, read the first time at length, and referred to the NAYS–LeFavour. Total - 1. Agricultural Affairs Committee. Absent and excused–Goedde. Total - 1. HCR 39 , by Education Committee, was introduced, read at length, and referred to the Education Committee. Total - 34. [District 10 seat is temporarily vacant.] On request by Senator Davis, granted by unanimous consent, Whereupon the President declared S 1255, as amended, the Senate advanced to the Thirteenth Order of Business. as amended, passed, title was approved, and the bill ordered transmitted to the House. Third Reading of Bills S 1294, as amended, was read the third time at length, section S 1231, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. by section, and placed before the Senate for final consideration. Senator Bock arose as sponsor of the bill and opened the debate. Senator McKenzie arose as sponsor of the bill and opened the The question being, "Shall the bill pass?" debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Werk, Winder. Total - 33. Total - 32. NAYS–None. NAYS–Andreason. Total - 1. Absent and excused–Goedde. Total - 1. Absent and excused–Goedde. Total - 1. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared S 1231, as Whereupon the President declared S 1294, as amended, passed, title was approved, and the bill ordered amended, passed, title was approved, and the bill ordered transmitted to the House. transmitted to the House. S 1317, as amended, was read the third time at length, section S 1323, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. by section, and placed before the Senate for final consideration. Senator Winder arose as sponsor of the bill and opened the debate. Senator Keough arose as sponsor of the bill and opened the The question being, "Shall the bill pass?" debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bock, Brackett, Broadsword, Cameron, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Darrington, Fulcher, Hammond, Heider, Keough, Lodge, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Malepeai, McKague, McKenzie, Smyser, Stennett, Toryanski, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Werk, Winder. Total - 19. Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, NAYS–Bair, Bilyeu, Corder, Davis, Hill, Johnson, LeFavour, Werk, Winder. Total - 33. Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Tippets, Vick. Total - 14. NAYS–None. Absent and excused–Goedde. Total - 1. Absent and excused–Goedde. Total - 1. Total - 34. [District 10 seat is temporarily vacant.] Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared S 1317, as Whereupon the President declared S 1323, as amended, passed, title was approved, and the bill ordered amended, passed, title was approved, and the bill ordered transmitted to the House. transmitted to the House. [March 1, 2012 SENATE JOURNAL 151

S 1344 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, question being, "Shall the bill pass?" Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Pursuant to Senate Rule 39(H), Senator Broadsword McKenzie, Mortimer, Nuxoll, Schmidt, Siddoway, Smyser, disclosed a possible conflict of interest under applicable law. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Roll call resulted as follows: NAYS–None. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Absent and excused–Andreason, Goedde, Pearce. Total - 3. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Total - 34. [District 10 seat is temporarily vacant.] Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Whereupon the President declared S 1275 passed, title was Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, approved, and the bill ordered transmitted to the House. Werk, Winder. Total - 33. Senator Pearce was recorded present at this order of business. NAYS–None. S 1332 was read the third time at length, section by section, Absent and excused–Goedde. Total - 1. and placed before the Senate for final consideration. Senator Total - 34. [District 10 seat is temporarily vacant.] Keough arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared S 1344 passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, On request by Senator Davis, granted by unanimous consent, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, the Senate returned to the Sixth Order of Business. Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Reports of Standing Committees Total - 32. NAYS–None. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote the Senate recessed at 12 noon until the hour of Absent and excused–Andreason, Goedde. Total - 2. 4:30 p.m. of this day. Total - 34. [District 10 seat is temporarily vacant.] Whereupon the President declared S 1332 passed, title was RECESS approved, and the bill ordered transmitted to the House. AFTERNOON SESSION S 1340 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bock The Senate reconvened at 4:30 p.m., pursuant to recess, arose as sponsor of the bill and opened the debate. The question President Little presiding. being, "Shall the bill pass?" Roll call resulted as follows: Roll call showed all members present except Senators AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Andreason and Goedde, absent and formally excused by the Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Chair; and Senators Bair, Brackett, Cameron, Fulcher, Pearce, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, and Tippets, absent and excused. [District 10 seat is temporarily McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, vacant.] Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Prior to recess the Senate was at the Sixth Order of Business, Total - 32. Reports of Standing Committees. NAYS–None. On request by Senator Davis, granted by unanimous consent, Absent and excused–Andreason, Goedde. Total - 2. the Senate advanced to the Thirteenth Order of Business. Total - 34. [District 10 seat is temporarily vacant.] Third Reading of Bills Whereupon the President declared S 1340 passed, title was approved, and the bill ordered transmitted to the House. Senators Bair, Brackett, Cameron, Fulcher, and Tippets were On request by Senator Hammond, granted by unanimous recorded present at this order of business. consent, S 1295 retained its place on the Third Reading Calendar for Monday, March 5, 2012. S 1275 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator On request by Senator Davis, granted by unanimous consent, Darrington arose as sponsor of the bill and opened the debate. S 1326 retained its place on the Third Reading Calendar for one The question being, "Shall the bill pass?" legislative day. 152 SENATE JOURNAL March 1, 2012]

S 1331 was read the third time at length, section by section, Done at Boise, the Capital of Idaho, this First day of March, and placed before the Senate for final consideration. Senator in the year of our Lord two thousand and twelve and of the Cameron arose as sponsor of the bill and opened the debate. The Independence of the United States of America, the two hundred question being, "Shall the bill pass?" and thirty-sixth year. Pursuant to Senate Rule 39(H), Senator Cameron disclosed /s/ BY THE GOVERNOR C.L. "BUTCH" OTTER a possible conflict of interest under applicable law. /s/ SECRETARY OF STATE BEN T. YSURSA Roll call resulted as follows: The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, On request by Senator Davis, granted by unanimous consent, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, the Senate advanced to the Fifteenth Order of Business. McKenzie, Mortimer, Nuxoll, Pearce, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Miscellaneous Business Total - 32. On motion by Senator Davis, seconded by Senator Malepeai, NAYS–None. by voice vote, the Senate adjourned at 5:40 p.m. until the hour of 10 a.m., Friday, March 2, 2012. Absent and excused–Andreason, Goedde. Total - 2. BRAD LITTLE, President Total - 34. [District 10 seat is temporarily vacant.] Attest: JENNIFER NOVAK, Secretary Whereupon the President declared S 1331 passed, title was approved, and the bill ordered transmitted to the House.

On request by Senator Davis, granted by unanimous consent, the Senate returned to the Eighth Order of Business.

Messages from the Governor

March 1, 2012 The Honorable Brad Little President of the Senate Idaho Legislature Dear Mr. President: I have the honor to inform you that I have appointed Jim Rice of Caldwell, Idaho, to the office of State Senator for Legislative District 10. The appointment is effective March 1, 2012. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT BOISE, IDAHO CERTIFICATE OF APPOINTMENT KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-904A, Idaho Code, the District 10 Legislative Committee of the Republican Party has submitted a list of three names for consideration in filling a vacancy in the Idaho State Senate. NOW, THEREFORE, I, C.L. "Butch" Otter, Governor of the State of Idaho, by virtue of the authority vested in me do hereby appoint Jim Rice of Caldwell, Idaho, to the office of State Senator, District 10, Canyon, State of Idaho, for a term commencing on March 1, 2012, and continuing until the next general election when the term of office expires. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. [March 2, 2012 SENATE JOURNAL 153

SENATE JOURNAL On request by Senator McKenzie, granted by unanimous consent, SCR 126 was referred to the State Affairs Committee. OF THE SJM 105 was referred to the Tenth Order of Business, IDAHO LEGISLATURE Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE March 1, 2012 The COMMERCE AND HUMAN RESOURCES Committee reports out H 465, H 492, and H 546 with the recommendation that they do pass. FIFTY-FOURTH LEGISLATIVE DAY ANDREASON, Chairman FRIDAY, MARCH 2, 2012 H 465, H 492, and H 546 were filed for second reading.

Senate Chamber March 1, 2012 President Little called the Senate to order at 10 a.m. The COMMERCE AND HUMAN RESOURCES Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: Roll call showed all members present except Senators Goedde and Werk, absent and formally excused by the Chair; J. Kirk Sullivan to the Public Employee Retirement System and Senator LeFavour, absent and excused. of Idaho Board, term to expire July 1, 2016. Prayer was offered by Chaplain Keith Buhler. ANDREASON, Chairman The Pledge of Allegiance was led by Ben Stringham, Page. The Gubernatorial appointment was referred to the Tenth The Senate advanced to the Third Order of Business. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Reading and Correction of the Journal March 1, 2012

The JUDICIARY AND RULES Committee reports that the The EDUCATION Committee reports out H 499, H 521, and Senate Journal of the proceedings of March 1, 2012, was read and H 534 with the recommendation that they do pass. approved as corrected. GOEDDE, Chairman DARRINGTON, Chairman H 499, H 521, and H 534 were filed for second reading. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. March 1, 2012 On request by Senator Fulcher, granted by unanimous The HEALTH AND WELFARE Committee reports out consent, the Senate advanced to the Sixth Order of Business. H 441, H 442, H 500, and H 501 with the recommendation that they do pass. Reports of Standing Committees LODGE, Chairman

March 2, 2012 H 441, H 442, H 500, and H 501 were filed for second reading. The JUDICIARY AND RULES Committee reports that S 1362, S 1363, S 1364, S 1365, S 1366, S 1367, S 1368, S 1369, March 1, 2012 S 1370, SCR 125, SCR 126, and SJM 105 have been correctly printed. The TRANSPORTATION Committee reports out H 472 with the recommendation that it do pass. DARRINGTON, Chairman HAMMOND, Chairman S 1362, S 1363, S 1364, S 1365, and S 1366 were referred to the State Affairs Committee. H 472 was filed for second reading. S 1367 and S 1368 were referred to the Finance Committee. March 1, 2012 S 1369 was referred to the Commerce and Human Resources The TRANSPORTATION Committee reports out Committee. S 1356 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. S 1370 was referred to the Judiciary and Rules Committee. HAMMOND, Chairman SCR 125 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's There being no objection, S 1356 was referred to the desk for one legislative day. Fourteenth Order of Business, General Calendar. 154 SENATE JOURNAL March 2, 2012]

On request by Senator Fulcher, granted by unanimous H 563 , by Revenue and Taxation Committee, was consent, the Senate advanced to the Ninth Order of Business. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Messages from the House On request by Senator Fulcher, granted by unanimous March 1, 2012 consent, the Senate returned to the Sixth Order of Business. Dear Mr. President: Reports of Standing Committees I transmit herewith H 598, H 579, H 420, H 421, H 422, and March 2, 2012 H 563 , which have passed the House. The JUDICIARY AND RULES Committee reports that ALEXANDER, Chief Clerk S 1371 has been correctly printed. H 598, H 579, H 420, H 421, H 422, and H 563 were filed DARRINGTON, Chairman for first reading. S 1371 was referred to the State Affairs Committee. March 1, 2012 On request by Senator Fulcher, granted by unanimous Dear Mr. President: consent, the Senate advanced to the Twelfth Order of Business. I transmit herewith Enrolled H 417, H 393, as amended, Second Reading of Bills H 455, H 475, H 446, and H 358, as amended in the Senate, for the signature of the President. S 1293 , by Health and Welfare Committee, was read the ALEXANDER, Chief Clerk second time at length and filed for third reading. The President signed Enrolled H 417, H 393, as amended, S 1350, S 1351, S 1352, S 1353, and S 1354 , by Finance H 455, H 475, H 446, and H 358, as amended in the Senate, and Committee, were read the second time at length and filed for third ordered them returned to the House. reading. The Senate advanced to the Tenth Order of Business. H 484 , by Local Government Committee, was read the second time at length and filed for third reading. Motions and Resolutions S 1338 and S 1341 , by Judiciary and Rules Committee, were On request by Senator Davis, granted by unanimous consent, read the second time at length and filed for third reading. the seats as currently occupied were permanently assigned to the Senators for the remainder of the Second Regular Session of the H 489 and H 517 , by Revenue and Taxation Committee, Sixty-first Idaho Legislature. were read the second time at length and filed for third reading. On request by Senator Davis, granted by unanimous consent, The Senate advanced to the Thirteenth Order of Business. Senator Darrington will serve on the State Affairs Committee Third Reading of Bills and Senator Rice will serve on the Transportation Committee and Local Government and Taxation Committee for the remainder of Senator Werk was recorded present at this order of business. the Second Regular Session of the Sixty-first Idaho Legislature. S 1326 was read the third time at length, section by section, The Senate advanced to the Eleventh Order of Business. and placed before the Senate for final consideration. Senator Introduction, First Reading, and Reference of Bills, Broadsword arose as sponsor of the bill and opened the debate. House Petitions, Resolutions, and Memorials The question being, "Shall the bill pass?" Roll call resulted as follows: S 1371 BY STATE AFFAIRS COMMITTEE AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AN ACT Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, RELATING TO PRIMARY ELECTION BALLOTS; Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, AMENDING SECTION 34-904, IDAHO CODE, TO REVISE McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, THE CONTENTS OF A PRIMARY ELECTION BALLOT; Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, AND DECLARING AN EMERGENCY. Winder. Total - 33. S 1371 was introduced, read the first time at length, and NAYS–None. referred to the Judiciary and Rules Committee for printing. Absent and excused–Goedde, LeFavour. Total - 2. H 598 , by State Affairs Committee, was introduced, read the first time at length, and referred to the Commerce and Human Total - 35. Resources Committee. Whereupon the President declared S 1326 passed, title was H 579 , by Education Committee, was introduced, read the approved, and the bill ordered transmitted to the House. first time at length, and referred to the Education Committee. S 1304 was read the third time at length, section by section, H 420, H 421, and H 422 , by Business Committee, were and placed before the Senate for final consideration. Senator introduced, read the first time at length, and referred to the Corder arose as sponsor of the bill and opened the debate. The Commerce and Human Resources Committee. question being, "Shall the bill pass?" [March 2, 2012 SENATE JOURNAL 155

Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Corder, Darrington, Hammond, Heider, Hill, Johnson, Keough, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Rice, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Total - 26. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–Davis, Fulcher, Nuxoll, Pearce, Vick, Winder. Total - 6. NAYS–None. Absent and excused–Andreason, Goedde, LeFavour. Absent and excused–Goedde, LeFavour. Total - 2. Total - 3. Total - 35. Total - 35. Whereupon the President declared H 419 passed, title was Whereupon the President declared S 1304 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered transmitted to the House.

H 466 was read the third time at length, section by section, S 1346 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Tippets arose as sponsor of the bill and opened the debate. The Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Goedde, LeFavour. Total - 2. Absent and excused–Goedde, LeFavour. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1346 passed, title was Whereupon the President declared H 466 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered returned to the House.

H 574 was read the third time at length, section by section, H 467 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. Schmidt arose as sponsor of the bill and opened the debate. The The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Goedde, LeFavour. Total - 2. Absent and excused–Goedde, LeFavour. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 574 passed, title was Whereupon the President declared H 467 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House.

H 419 was read the third time at length, section by section, H 468 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" 156 SENATE JOURNAL March 2, 2012]

Roll call resulted as follows: On request by Senator Fulcher, granted by unanimous consent, the Senate returned to the Sixth Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Reports of Standing Committees Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, March 2, 2012 Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. The STATE AFFAIRS Committee reports out S 1336 with the recommendation that it be referred to the Fourteenth Order NAYS–None. of Business for amendment. Absent and excused–Goedde, LeFavour. Total - 2. MCKENZIE, Chairman Total - 35. There being no objection, S 1336 was referred to the Fourteenth Order of Business, General Calendar. Whereupon the President declared H 468 passed, title was approved, and the bill ordered returned to the House. March 2, 2012 The STATE AFFAIRS Committee reports out S 1371 with H 498 was read the third time at length, section by section, the recommendation that it do pass. and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. MCKENZIE, Chairman The question being, "Shall the bill pass?" S 1371 was filed for second reading. Roll call resulted as follows: On request by Senator Fulcher, granted by unanimous AYES–Andreason, Bair, Bilyeu, Bock, Brackett, consent, the Senate advanced to the Fifteenth Order of Business. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, Miscellaneous Business McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, On motion by Senator Fulcher, seconded by Winder. Total - 33. Senator Malepeai, by voice vote, the Senate adjourned at 11:20 a.m. until the hour of 10 a.m., Monday, March 5, 2012. NAYS–None. BRAD LITTLE, President Absent and excused–Goedde, LeFavour. Total - 2. Attest: JENNIFER NOVAK, Secretary Total - 35. Whereupon the President declared H 498 passed, title was approved, and the bill ordered returned to the House.

H 482 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Werk arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. Absent and excused–Goedde, LeFavour. Total - 2. Total - 35 Whereupon the President declared H 482 passed, title was approved, and the bill ordered returned to the House.

On request by Senator Fulcher, granted by unanimous consent, the Third Reading Calendar was reordered placing Senate non Finance Committee bills at the head of the calendar, followed by Senate Finance Committee bills, followed by House bills. [March 5, 2012 SENATE JOURNAL 157

SENATE JOURNAL WHEREAS, renewable qualifying facilities under the Public Utility Regulatory Policy Act of 1978 have certain environmental OF THE attributes that have a monetary value to the owner thereof, related to the green tags, clean energy credits, renewable energy credits or renewable energy certificates, and the avoidance of emissions IDAHO LEGISLATURE of pollutants from carbon-based forms of energy production; and WHEREAS, there are important policy issues for the State SECOND REGULAR SESSION of Idaho involved in the question of whether the environmental SIXTY-FIRST LEGISLATURE attributes of power produced by a renewable qualifying facility should be transferred to a public utility, without consideration, when the utility purchases the qualifying facility power at avoided cost, or whether environmental attributes should remain separately owned and transferable by the qualifying facility; and FIFTY-SEVENTH LEGISLATIVE DAY WHEREAS, the Legislative Council Interim Committee on MONDAY, MARCH 5, 2012 Energy, Environment and Technology has the technical expertise and experience to investigate, determine and report to the 2013 Idaho Legislature on the economic, social and environmental Senate Chamber impacts of the wind industry on the State of Idaho; and President Pro Tempore Hill called the Senate to order at 10 WHEREAS, the Legislative Council Interim Committee a.m. on Energy, Environment and Technology has the technical expertise and experience to investigate, determine and report to the 2013 Idaho Legislature on the question of whether power sold by a renewable qualifying facility to a utility at avoided cost Roll call showed all members present except Senators should also transfer to a public utility, without consideration, Andreason, Bair, Bilyeu, Brackett, Broadsword, Cameron, the environmental attributes of that qualifying facility, or Heider, Keough, LeFavour, McKague, Mortimer, and Toryanski, whether such environmental attributes should be retained by the absent and excused. qualifying facility. Prayer was offered by Chaplain Keith Buhler. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, The Pledge of Allegiance was led by Sarah Webster, Page. the Senate and the House of Representatives concurring therein, that the Legislative Council Interim Committee on Energy, The Senate advanced to the Third Order of Business. Environment and Technology shall investigate the economic, Reading and Correction of the Journal social and environmental impacts of wind energy development on the State of Idaho and its citizens, and report back to the 2013 The JUDICIARY AND RULES Committee reports that the Legislature its findings. Senate Journal of the proceedings of March 2, 2012, was read and BE IT FURTHER RESOLVED that the Legislative Council approved as corrected. Interim Committee on Energy, Environment and Technology DARRINGTON, Chairman shall investigate whether power sold by a renewable qualifying facility to a utility at avoided cost should also transfer to a public There being no objection, the report was adopted and ordered utility, without consideration, the environmental attributes of filed in the office of the Secretary of the Senate. that qualifying facility, or whether such environmental attributes should be retained by the qualifying facility. On request by Senator Davis, granted by unanimous consent, BE IT FURTHER RESOLVED that the Legislative Council the Senate advanced to the Fifth Order of Business. Interim Committee on Energy, Environment and Technology Petitions, Resolutions, and Memorials shall seek the assistance of the Idaho Office of Energy Resources, the Idaho Public Utilities Commission, the Northwest Power Senators Broadsword, Toryanski, and Bair were recorded Planning and Conservation Council and members of the public, present at this order of business. in general, in conducting its investigation of the economic, social and environmental impacts of the wind industry, in determining SCR 127 the appropriate ownership of environmental attributes, and in BY STATE AFFAIRS COMMITTEE preparing its report thereon. A CONCURRENT RESOLUTION STATING LEGISLATIVE FINDINGS AND INSTRUCTING SCR 128 THE INTERIM COMMITTEE ON ENERGY, ENVIRONMENT BY STATE AFFAIRS COMMITTEE AND TECHNOLOGY TO STUDY THE EFFECTS OF A CONCURRENT RESOLUTION WIND FARMS IN IDAHO AND THE OWNERSHIP OF STATING LEGISLATIVE FINDINGS AND APPROVING ENVIRONMENTAL ATTRIBUTES OF QUALIFYING ADMINISTRATIVE RULES THAT IMPOSE A FEE OR FACILITIES. CHARGE, WITH STATED EXCEPTIONS, AND REJECTING AGENCY RULES THAT IMPOSE A FEE OR CHARGE Be It Resolved by the Legislature of the State of Idaho: THAT ARE NOT APPROVED BY THIS OR BY SEPARATE WHEREAS, Idaho has, in the past few years, experienced CONCURRENT RESOLUTION. significant growth in the number of wind and other renewable Be It Resolved by the Legislature of the State of Idaho: energy projects built or under development in Idaho; and WHEREAS, there are economic, social and environmental WHEREAS, the Legislature pursuant to Section 67-5224, impacts of wind energy development on the State of Idaho and Idaho Code, must approve certain administrative rules that its citizens that need further exploration by the Legislature; and 158 SENATE JOURNAL March 5, 2012] impose a fee or charge by adoption of a concurrent resolution included and approved in this concurrent resolution shall be null, before the rules become effective; and void and of no force and effect unless approved by adoption of a WHEREAS, the Legislature is vested with authority to reject separate concurrent resolution by both houses of the Legislature executive agency rules under the provisions of Section 67-5291, as provided in Section 67-5224, Idaho Code. Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and SCR 129 WHEREAS, the Legislature finds that a certain rule docket BY STATE AFFAIRS COMMITTEE of the Bureau of Occupational Licenses, Rules of the Idaho A CONCURRENT RESOLUTION Driving Businesses Licensure Board, is not consistent with STATING LEGISLATIVE FINDINGS AND APPROVING legislative intent; and AND EXTENDING TEMPORARY RULES REVIEWED BY WHEREAS, the Legislature finds that a certain rule docket THE LEGISLATURE, WITH STATED EXCEPTIONS. of the Division of Building Safety, Rules Governing Continuing Education Requirements, is not consistent with legislative intent; Be It Resolved by the Legislature of the State of Idaho: and WHEREAS, the Legislature finds that a certain rule docket WHEREAS, the Legislature by statute must approve of the Division of Building Safety, Rules Governing Plumbing temporary rules by adoption of a concurrent resolution approving Safety Licensing, is not consistent with legislative intent; and the rule if the temporary rule is to remain in effect beyond the WHEREAS, the Legislature finds that it is in the public end of the current legislative session; and interest to adopt this resolution. WHEREAS, the expiration of temporary rules would NOW, THEREFORE, BE IT RESOLVED by the members of occasion additional expense to state agencies in readopting and the Second Regular Session of the Sixty-first Idaho Legislature, republishing temporary rules needed to conduct state business; the Senate and the House of Representatives concurring therein, and that all pending administrative rules or portions of pending WHEREAS, the Legislature finds that it is in the public administrative rules adopted by state agencies pursuant to the interest to adopt this resolution. Administrative Procedure Act during the prior calendar year, NOW, THEREFORE, BE IT RESOLVED by the members of and submitted through the Office of Rules Coordinator to the the Second Regular Session of the Sixty-first Idaho Legislature, Legislature for review during the 2012 legislative session, which the Senate and the House of Representatives concurring therein, impose a fee or charge, be, and the same are approved, with the that all temporary rules adopted by state agencies pursuant to the exception of the following enumerated pending fee rules: Administrative Procedure Act and submitted to the Legislature at the Legislature's request through the Office of Rules Coordinator IDAPA 24.25.01, Bureau of Occupational for review during the 2012 legislative session, and all temporary Licenses, Rules of the Idaho Driving Businesses rules previously approved and extended by concurrent resolution Licensure Board, adopted as a pending fee rule adopted in a prior regular session of the Idaho Legislature, be, under Docket Number 24-2501-1101, the entire and the same are approved, with the exception of the following rulemaking docket; enumerated temporary rules:

IDAPA 07.01.07, Division of Building IDAPA 16.03.09, Department of Health Safety, Rules Governing Continuing Education and Welfare, Medicaid Basic Plan Benefits, Requirements, adopted as a pending fee rule adopted as a temporary rule under Docket under Docket Number 07-0107-1101, the entire Number 16-0309-1201, the entire rulemaking rulemaking docket; and docket; and

IDAPA 07.02.05, Division of Building IDAPA 26.01.36, Department of Parks Safety, Rules Governing Plumbing Safety and Recreation, Rules Governing the Winter Licensing, adopted as a pending fee rule under Recreational Parking Permit Program, adopted Docket Number 07-0205-1101, the entire as a temporary rule under Docket Number rulemaking docket. 26-0136-1101, the entire rulemaking docket.

BE IT FURTHER RESOLVED that IDAPA 24.25.01, BE IT FURTHER RESOLVED that a temporary rule or Bureau of Occupational Licenses, Rules of the Idaho Driving partial temporary rule approved by this concurrent resolution Businesses Licensure Board, adopted as a pending fee rule shall remain in effect until it expires by its own terms or by under Docket Number 24-2501-1101, the entire rulemaking operation of law or until it is replaced by a final rule, but in docket; IDAPA 07.01.07, Division of Building Safety, Rules no event shall a temporary rule remain in effect beyond the Governing Continuing Education Requirements, adopted as a conclusion of the First Regular Session of the Sixty-second pending fee rule under Docket Number 07-0107-1101, the entire Idaho Legislature unless it is further extended by adoption rulemaking docket; and IDAPA 07.02.05, Division of Building of a concurrent resolution by both houses of the Legislature. Safety, Rules Governing Plumbing Safety Licensing, adopted Temporary rules or sections of temporary rules which are as a pending fee rule under Docket Number 07-0205-1101, the excepted from approval hereunder or which were not submitted entire rulemaking docket, are hereby rejected and not approved, to the Legislature for review during the 2012 legislative session and thereby pursuant to Sections 67-5224 and 67-5291, Idaho shall expire by operation of statute upon adjournment of the Code, are declared null, void and of no force and effect. Second Regular Session of the Sixty-first Idaho Legislature, BE IT FURTHER RESOLVED that rule provisions imposing unless approved by adoption of a separate concurrent resolution fees or charges that were not submitted through the Office of by both houses of the Legislature. Rules Coordinator for legislative review or that otherwise are not [March 5, 2012 SENATE JOURNAL 159

SCR 127, SCR 128, and SCR 129 were introduced, read The President Pro Tempore signed Enrolled H 389 and at length, and referred to the Judiciary and Rules Committee for ordered it returned to the House. printing. Senator Andreason was recorded present at this order of Senators McKague and Bilyeu were recorded present at this business. order of business. The Senate advanced to the Tenth Order of Business. The Senate advanced to the Sixth Order of Business. Motions and Resolutions Reports of Standing Committees Senators Brackett and Cameron were recorded present at this March 2, 2012 order of business. The FINANCE Committee reports out S 1359, S 1360, The President Pro Tempore announced that SCR 125 was S 1361, S 1367, and S 1368 with the recommendation that they before the Senate for final consideration, the question being, do pass. "Shall the resolution be adopted?" CAMERON, Chairman On motion by Senator Brackett, seconded by Senator Davis, SCR 125 was adopted by voice vote, title was approved, and the S 1359, S 1360, S 1361, S 1367, and S 1368 were filed for resolution ordered transmitted to the House. second reading. The President Pro Tempore announced that SJM 105 was March 5, 2012 before the Senate for final consideration, the question being, "Shall the memorial be adopted?" The RESOURCES AND ENVIRONMENT Committee reports out H 379, H 460, H 462, H 463, H 464, and H 526 with On motion by Senator Lodge, seconded by Senator Rice, the recommendation that they do pass. SJM 105 was adopted by voice vote, title was approved, and the memorial ordered transmitted to the House. PEARCE, Chairman The President Pro Tempore announced that the Commerce H 379, H 460, H 462, H 463, H 464, and H 526 were filed and Human Resources Committee report relative to the for second reading. Gubernatorial appointment of J. Kirk Sullivan was before the Senate for final consideration, the question being, "Shall the March 5, 2012 report be adopted?" The STATE AFFAIRS Committee reports out HCR 34, On motion by Senator Andreason, seconded by S 1335, S 1343, S 1363, and S 1365 with the recommendation Senator Malepeai, the Gubernatorial appointment of J. Kirk that they do pass. Sullivan as a member of the Public Employee Retirement MCKENZIE, Chairman System of Idaho Board was confirmed by voice vote. HCR 34 was referred to the Tenth Order of Business, The President Pro Tempore declared the report adopted Motions and Resolutions, and ordered held at the Secretary's and directed the Secretary of the Senate to prepare a letter of desk for one legislative day. the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor S 1335, S 1343, S 1363, and S 1365 were filed for second informing him of the action of the Senate. reading. The Senate advanced to the Eleventh Order of Business. Senator Keough was recorded present at this order of business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. S 1372 BY STATE AFFAIRS COMMITTEE Messages from the House AN ACT March 2, 2012 RELATING TO PROCUREMENT; AMENDING SECTION 67-2805, IDAHO CODE, TO REVISE PROCEDURES FOR Dear Mr. President: PROCUREMENT OF PUBLIC WORKS CONSTRUCTION BY A POLITICAL SUBDIVISION; AND AMENDING SECTION I transmit herewith H 600, H 601, H 602, and H 558 , which 67-2806, IDAHO CODE, TO REVISE PROCEDURES FOR have passed the House. PROCURING SERVICES OR PERSONAL PROPERTY BY A POLITICAL SUBDIVISION. ALEXANDER, Chief Clerk H 600, H 601, H 602, and H 558 were filed for first reading. S 1373 BY STATE AFFAIRS COMMITTEE March 2, 2012 AN ACT RELATING TO LABOR; AMENDING SECTION 44-2007, Dear Mr. President: IDAHO CODE, TO PROVIDE AN EXCEPTION TO I transmit herewith Enrolled H 389 for the signature of the APPLICABILITY OF CERTAIN PENALTY PROVISIONS; President. AMENDING SECTION 44-2008, IDAHO CODE, TO PROVIDE AN EXCEPTION TO APPLICABILITY OF ALEXANDER, Chief Clerk CERTAIN CIVIL REMEDIES AND TO MAKE A TECHNICAL 160 SENATE JOURNAL March 5, 2012]

CORRECTION; AND AMENDING CHAPTER 28, TITLE 67, S 1377 IDAHO CODE, BY THE ADDITION OF A NEW SECTION BY FINANCE COMMITTEE 67-2809, IDAHO CODE, TO PROVIDE LEGISLATIVE AN ACT INTENT, TO PROVIDE FOR THE "OPEN ACCESS TO WORK APPROPRIATING ADDITIONAL MONEYS TO THE ACT," TO DEFINE TERMS, TO PROVIDE THAT THE STATE DIVISION OF VOCATIONAL REHABILITATION FOR AND POLITICAL SUBDIVISIONS THAT CONTRACT FISCAL YEAR 2012; APPROPRIATING MONEYS TO FOR CERTAIN PUBLIC WORKS SHALL NOT REQUIRE THE DIVISION OF VOCATIONAL REHABILITATION CONTRACTORS, SUBCONTRACTORS, MATERIAL FOR FISCAL YEAR 2013; LIMITING THE NUMBER SUPPLIERS AND CARRIERS ENGAGED IN SPECIFIED OF AUTHORIZED FULL-TIME EQUIVALENT ACTIVITIES ASSOCIATED WITH PUBLIC WORKS TO POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE PAY THEIR EMPLOYEES A PREDETERMINED AMOUNT COMPENSATION AND BENEFITS; AND DECLARING AN OF WAGES OR WAGE RATE OR A TYPE, AMOUNT OR EMERGENCY. RATE OF EMPLOYEE BENEFITS, TO PROVIDE THAT SPECIFIED PROVISIONS SHALL NOT APPLY UNDER S 1378 CERTAIN CIRCUMSTANCES, TO PROHIBIT CERTAIN BY STATE AFFAIRS COMMITTEE PROVISIONS IN BID DOCUMENTS, SPECIFICATIONS, AN ACT PROJECT AGREEMENTS AND OTHER CONTROLLING RELATING TO FLOODPLAIN ZONING ORDINANCES; DOCUMENTS FOR PUBLIC WORKS CONSTRUCTION AMENDING SECTION 46-1022, IDAHO CODE, TO CONTRACTS AND TO PROHIBIT CERTAIN CONDUCT, PROVIDE THAT FLOODPLAIN ZONING ORDINANCES TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT SHALL NOT REGULATE OR REQUIRE PERMITTING FOR PROHIBIT THE VOLUNTARY ENTRY INTO CERTAIN CERTAIN ACTIVITIES RELATING TO IRRIGATION AND AGREEMENTS, TO PROVIDE FOR STANDING BY DRAINAGE WORKS PERFORMED OR AUTHORIZED INTERESTED PARTIES, TO PROVIDE FOR THE AWARD BY THE OWNER OR OPERATOR OR FOR SPECIFIED OF ATTORNEY'S FEES AND COSTS, TO PROVIDE ACTIVITIES RELATING TO CERTAIN IRRIGATION FOR APPLICABILITY OF SPECIFIED PROVISIONS, DELIVERY AND DRAINAGE SYSTEMS THAT TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT ARE PERFORMED BY AN IRRIGATION DISTRICT, PROHIBIT OR INTERFERE WITH RIGHTS OF EMPLOYERS CANAL COMPANY, LATERAL DITCH WATER USERS' OR OTHER PARTIES TO ENTER INTO AGREEMENTS ASSOCIATION, DRAINAGE DISTRICT, OR OTHER OR ENGAGE IN ACTIVITIES PROTECTED BY THE LEGAL ENTITY THAT OWNS AND/OR OPERATES NATIONAL LABOR RELATIONS ACT AND TO PROVIDE THE IRRIGATION DELIVERY SYSTEM OR DRAINAGE FOR SEVERABILITY. SYSTEM IN ACCORDANCE WITH SPECIFIED LAW; AND DECLARING AN EMERGENCY. S 1374 BY STATE AFFAIRS COMMITTEE S 1379 AN ACT BY STATE AFFAIRS COMMITTEE RELATING TO HORSE RACING; AMENDING SECTION AN ACT 54-2502, IDAHO CODE, TO DEFINE A TERM; AMENDING RELATING TO CITY IRRIGATION SYSTEMS; AMENDING SECTION 54-2505, IDAHO CODE, TO REVISE A CODE SECTION 50-1801, IDAHO CODE, TO PROHIBIT SPECIFIED REFERENCE; AND AMENDING SECTION 54-2512, IDAHO ACQUISITIONS THROUGH THE POWER OF EMINENT CODE, TO PROVIDE FOR WAGERING ON HISTORICAL DOMAIN, TO AUTHORIZE CITIES TO ESTABLISH AND HORSE RACES. EXTEND CITY IRRIGATION SYSTEMS IN CERTAIN AREAS OF CITY IMPACT AND TO MAKE A TECHNICAL S 1375 CORRECTION. BY FINANCE COMMITTEE AN ACT S 1372, S 1373, S 1374, S 1375, S 1376, S 1377, S 1378, and APPROPRIATING ADDITIONAL MONEYS TO THE S 1379 were introduced, read the first time at length, and referred COMMISSION ON AGING FOR FISCAL YEAR 2012; to the Judiciary and Rules Committee for printing. APPROPRIATING MONEYS TO THE COMMISSION ON AGING FOR FISCAL YEAR 2013; LIMITING THE H 600, H 601, and H 602 , by Appropriations Committee, NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT were introduced, read the first time at length, and referred to the POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE Finance Committee. COMPENSATION AND BENEFITS; AND DECLARING AN H 558 , by Revenue and Taxation Committee, was EMERGENCY. introduced, read the first time at length, and referred to the Health and Welfare Committee. S 1376 BY FINANCE COMMITTEE The Senate advanced to the Twelfth Order of Business. AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE Second Reading of Bills STATE INDEPENDENT LIVING COUNCIL FOR FISCAL YEAR 2012; APPROPRIATING MONEYS TO THE STATE H 465 and H 492 , by Business Committee, were read the INDEPENDENT LIVING COUNCIL FOR FISCAL YEAR second time at length and filed for third reading. 2013; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING H 546 , by Commerce and Human Resources Committee, GUIDANCE FOR EMPLOYEE COMPENSATION AND was read the second time at length and filed for third reading. BENEFITS; AND DECLARING AN EMERGENCY. H 499, H 521, and H 534 , by Education Committee, were read the second time at length and filed for third reading. [March 5, 2012 SENATE JOURNAL 161

H 441, H 442, H 500, and H 501 , by Health and Welfare S 1293 was read the third time at length, section by section, Committee, were read the second time at length and filed for third and placed before the Senate for final consideration. Senator reading. Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 472 , by Transportation and Defense Committee, was read the second time at length and filed for third reading. Roll call resulted as follows: S 1371 , by State Affairs Committee, was read the second time at length and filed for third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, The Senate advanced to the Thirteenth Order of Business. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Third Reading of Bills Vick, Werk, Winder. Total - 34.

Motion to Suspend Rules NAYS–None. Moved by Senator Davis, seconded by Senator Malepeai, that Absent and excused–Cameron. Total - 1. all rules of the Senate interfering with the immediate passage of Total - 35. S 1371 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be Whereupon the President Pro Tempore declared read on three several days be dispensed with, this being a case of S 1293 passed, title was approved, and the bill ordered urgency, and that S 1371 be read the third time at length, section transmitted to the House. by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" S 1338 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, The question being, "Shall the bill pass?" Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Roll call resulted as follows: McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk. Total - 33. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, NAYS–None. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Absent and excused–Andreason, Winder. Total - 2. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. More than two-thirds having voted in the affirmative, the Whereupon the President Pro Tempore declared President Pro Tempore declared the rules suspended. S 1338 passed, title was approved, and the bill ordered transmitted to the House. S 1371 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. President Little assumed the Chair. The question being, "Shall the bill pass?" S 1341 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Bock arose as sponsor of the bill and opened the debate. The question AYES–Andreason, Bair, Bilyeu, Bock, Brackett, being, "Shall the bill pass?" Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Roll call resulted as follows: Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Vick. Total - 32. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, NAYS–None. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Absent and excused–Cameron, Werk, Winder. Total - 3. Toryanski, Vick, Werk, Winder. Total - 35. Total - 35. Whereupon the President declared S 1341 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President Pro Tempore declared S 1371 passed, title was approved, and the bill ordered transmitted to the House. S 1350 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator On request by Senator Hammond, granted by unanimous Bilyeu arose as sponsor of the bill and opened the debate. The consent, S 1295 was referred to the Fourteenth Order of Business, question being, "Shall the bill pass?" General Calendar. 162 SENATE JOURNAL March 5, 2012]

Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1350 passed, title was Whereupon the President declared S 1354 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered transmitted to the House. S 1351 was read the third time at length, section by section, H 484 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. Lodge arose as sponsor of the bill and opened the debate. The The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1351 passed, title was Whereupon the President declared H 484 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered returned to the House. H 489 was read the third time at length, section by section, S 1352 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. Broadsword arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared H 489 passed, title was Whereupon the President declared S 1352 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered transmitted to the House. H 517 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1353 was read the third time at length, section by section, Brackett arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" Broadsword arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 35. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared H 517 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared S 1353 passed, title was approved, and the bill ordered transmitted to the House. The Senate advanced to the Fourteenth Order of Business. S 1354 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Moved by Senator Darrington, seconded by Senator Davis, Keough arose as sponsor of the bill and opened the debate. The that H 449 be recommitted to the Judiciary and Rules Committee. question being, "Shall the bill pass?" The question being, "Shall the motion prevail?" [March 5, 2012 SENATE JOURNAL 163

Roll call resulted as follows: On page 4, delete lines 1 through 7, and insert: "(b c) Promotes, p Prepares, arranges for, publishes, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, produces, promotes, makes, sells, finances, offers, exhibits, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, or advertises, deals in, possesses, or distributes any sexually Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, exploitative material; or"; McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, also on page 4, in line 8, delete "(c)" and insert: "(d)"; also in Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. line 8, delete "Knowingly distributes" and insert: "Distributes"; Total - 31. in line 21, following "(b)" insert: ","; and in line 22, delete "and NAYS–LeFavour, Malepeai, Schmidt, Werk. Total - 4. (2)" and following "(c)" insert: "and (d)". Total - 35. CORRECTION TO TITLE Whereupon the President declared that the motion prevailed On page 1, in line 5, delete "AND" and insert: ","; and in line and H 449 was recommitted to the Judiciary and Rules 7, following "TIES" insert: "AND TO MAKE A TECHNICAL Committee. CORRECTION". General Calendar SENATE AMENDMENT TO S 1356 The President declared the Senate resolved into the AMENDMENT TO SECTION 1 Committee of the Whole and called Senator Winder to the Chair On page 1 of the printed bill, in line 40, following "an amount to preside during the sitting of the Committee of the Whole. not less than the" insert: "current".

Following the adjournment of the Committee of the Whole, SENATE AMENDMENT TO S 1336 the President called the Senate to order. AMENDMENT TO SECTION 1 Report of the Committee of the Whole On page 2 of the printed bill, delete lines 47 through 50, and insert: "(c) The presumption created in this subsection may Senator Winder, Chairman of the Committee of the Whole, be rebutted by medical evidence presented to the Idaho reported out S 1321, S 1337, S 1356, and S 1336 , without industrial commission showing that the firefighter's disease recommendation, amended as follows: was not proximately caused by his or her duties of employment. If the presumption is rebutted by medical evidence then the firefighter or the beneficiaries must prove SENATE AMENDMENT TO S 1321 that the firefighter's disease was caused by his or her duties AMENDMENT TO SECTION 1 of employment.". On page 1 of the printed bill, delete lines 36 through 42, and insert: "feeding account. Moneys in this account shall be used exclusively for the purposes of actual supplemental winter The Committee also has S 1357 under consideration, reports feeding of and rehabilitation of winter range for antelope, elk progress, and begs leave to sit again. and deer. Moneys shall be used solely for the purchase of blocks, pellets and hay for such winter feeding purposes and/or for the WINDER, Chairman purchase of seed or other material that can be shown to directly provide feed or forage for the winter feeding of antelope, elk On motion by Senator Winder, seconded by Senator Stennett, and deer. The balance of moneys realized from this source may the report was adopted by voice vote. be used for the control of". On page 2, delete lines 1 through 4, and insert: "depredation of private property by antelope, elk and deer and control of S 1321, as amended, S 1337, as amended, S 1356, as predators affecting antelope, elk and deer. Moneys in the feeding amended, and S 1336, as amended, were referred to the Judiciary account shall not be used for any". and Rules Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. CORRECTION TO TITLE On page 1, delete lines 4 and 5, and insert: "TO REMOVE A On request by Senator Davis, granted by unanimous consent, CONDITION RELATING TO THE USE OF MONEYS IN THE the Senate returned to the Sixth Order of Business. FEEDING ACCOUNT AND".

SENATE AMENDMENT TO S 1337 Reports of Standing Committees AMENDMENT TO SECTION 2 On page 3 of the printed bill, in line 46, delete "he knowingly the person" and insert: "he knowingly and willfully"; and delete March 5, 2012 lines 47 through 50, and insert: "(a) Possesses or accesses through any means including, The JUDICIARY AND RULES Committee reports that but not limited to, the internet, any sexually exploitative Senate amendments to S 1321, S 1337, S 1356, and S 1336 have material; or been correctly printed. (b) Causes, induces, or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of DARRINGTON, Chairman producing or making sexually exploitative material; or". 164 SENATE JOURNAL March 5, 2012]

The report was ordered filed in the office of the Secretary of the Senate. March 5, 2012 The JUDICIARY AND RULES Committee reports that S 1321, as amended, S 1337, as amended, S 1356, as amended, and S 1336, as amended, have been correctly engrossed. DARRINGTON, Chairman S 1321, as amended, S 1337, as amended, S 1356, as amended, and S 1336, as amended, were filed for first reading. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials S 1321, as amended, by Resources and Environment Committee, was read the first time at length and filed for second reading. S 1337, as amended, and S 1356, as amended, by Judiciary and Rules Committee, were read the first time at length and filed for second reading. S 1336, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:05 p.m. until the hour of 10 a.m., Tuesday, March 6, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [March 6, 2012 SENATE JOURNAL 165

SENATE JOURNAL SCR 127, SCR 128, and SCR 129 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at OF THE the Secretary's desk for one legislative day. IDAHO LEGISLATURE March 5, 2012 The FINANCE Committee reports out H 600, H 601, and SECOND REGULAR SESSION H 602 with the recommendation that they do pass. SIXTY-FIRST LEGISLATURE CAMERON, Chairman H 600, H 601, and H 602 were filed for second reading. March 5, 2012 FIFTY-EIGHTH LEGISLATIVE DAY TUESDAY, MARCH 6, 2012 The RESOURCES AND ENVIRONMENT Committee reports out H 457, H 459, H 461, H 525, H 543, S 1271, and S 1282 with the recommendation that they do pass. Senate Chamber PEARCE, Chairman President Little called the Senate to order at 10 a.m. H 457, H 459, H 461, H 525, H 543, S 1271, and S 1282 were filed for second reading. Roll call showed all members present except Senators March 5, 2012 Darrington, LeFavour, and Lodge, absent and excused. The JUDICIARY AND RULES Committee reports out Prayer was offered by Chaplain Keith Buhler. H 497 with the recommendation that it be referred to the The Pledge of Allegiance was led by Alexa Woodland, Page. Fourteenth Order of Business for amendment. The Senate advanced to the Third Order of Business. DARRINGTON, Chairman Reading and Correction of the Journal There being no objection, H 497 was referred to the Fourteenth Order of Business, General Calendar.

The JUDICIARY AND RULES Committee reports that the March 5, 2012 Senate Journal of the proceedings of March 5, 2012, was read and approved as corrected. The JUDICIARY AND RULES Committee reports out H 403 with the recommendation that it do pass. DARRINGTON, Chairman DARRINGTON, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. H 403 was filed for second reading. Senator Darrington was recorded present at this order of March 5, 2012 business. The EDUCATION Committee reports out H 481, H 556, and On request by Senator Davis, granted by unanimous consent, SCR 124 with the recommendation that they do pass. the Senate advanced to the Sixth Order of Business. GOEDDE, Chairman Reports of Standing Committees H 481 and H 556 were filed for second reading.

Senator Lodge was recorded present at this order of business. SCR 124 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. March 6, 2012 On request by Senator Davis, granted by unanimous consent, The JUDICIARY AND RULES Committee reports that the Senate advanced to the Eighth Order of Business. S 1372, S 1373, S 1374, S 1375, S 1376, S 1377, S 1378, S 1379, SCR 127, SCR 128, and SCR 129 have been correctly printed. Messages from the Governor DARRINGTON, Chairman

S 1372, S 1373, S 1374, and S 1379 were referred to the State March 5, 2012 Affairs Committee. The Honorable Brad Little S 1375, S 1376, and S 1377 were referred to the Finance President of the Senate Committee. Idaho Legislature S 1378 was referred to the Resources and Environment Committee. Dear Mr. President: 166 SENATE JOURNAL March 6, 2012]

I have the honor to inform you that Curt Fransen of Garden Roll call resulted as follows: City, Idaho, was appointed Director of the Department of Environmental Quality to serve a term commencing February AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, 24, 2012, and continuing at the pleasure of the Governor. Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, This appointment was made subject to confirmation by the Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Senate. Notice of appointment is hereby given. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter NAYS–None. Governor Absent and excused–Brackett. Total - 1. The correspondence was ordered filed in the office ofthe Secretary of the Senate. Total - 35. Whereupon the President declared HCR 34 adopted, title The Gubernatorial appointment was referred to the Health was approved, and the resolution ordered returned to the House. and Welfare Committee. The Senate advanced to the Eleventh Order of Business.

The Senate advanced to the Ninth Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Messages from the House S 1380 BY JUDICIARY AND RULES COMMITTEE Senator LeFavour was recorded present at this order of AN ACT business. RELATING TO CHILD CUSTODY; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32-720, IDAHO CODE, TO PROVIDE March 5, 2012 A PROCEDURE FOR THE COURT IN THE EVENT A PETITION FOR MODIFICATION OF A CHILD CUSTODY Dear Mr. President: ORDER IS FILED WHERE THE ACTION MAY BE SUBJECT I transmit herewith H 569, H 570, H 577, H 553, H 575, TO THE SERVICEMEMBERS CIVIL RELIEF ACT, TO H 588, H 590, H 615, H 616, H 617, H 618, H 595, H 495, PROVIDE THAT IN THOSE ACTIONS WHERE THE ACT H 549, H 550, H 523, as amended, HCR 46, HCR 48, and DOES APPLY, THE COURT MAY ONLY TEMPORARILY HCR 40, as amended, which have passed the House. MODIFY THE EXISTING CHILD CUSTODY ORDER DURING THE PERIOD OF DEPLOYMENT, TO PROVIDE ALEXANDER, Chief Clerk FOR EXPIRATION OF SUCH TEMPORARY ORDER, TO PROVIDE FOR EXPEDITED HEARINGS, TO PROVIDE FOR H 569, H 570, H 577, H 553, H 575, H 588, H 590, H 615, THE PRESENTATION OF TESTIMONY AND EVIDENCE H 616, H 617, H 618, H 595, H 495, H 549, H 550, H 523, as BY ELECTRONIC MEANS IN CERTAIN ACTIONS AND TO amended, HCR 46, HCR 48, and HCR 40, as amended, were DEFINE TERMS. filed for first reading. S 1381 March 6, 2012 BY FINANCE COMMITTEE AN ACT Dear Mr. President: APPROPRIATING MONEYS TO THE IDAHO EDUCATIONAL PUBLIC BROADCASTING SYSTEM I transmit herewith Enrolled H 574, H 419, H 466, H 467, FOR FISCAL YEAR 2013; PROVIDING GUIDANCE FOR H 468, H 498, and H 482 for the signature of the President. EMPLOYEE COMPENSATION AND BENEFITS; AND ALEXANDER, Chief Clerk LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. The President signed Enrolled H 574, H 419, H 466, H 467, H 468, H 498, and H 482 and ordered them returned to the House. S 1382 BY FINANCE COMMITTEE The Senate advanced to the Tenth Order of Business. AN ACT APPROPRIATING MONEYS TO THE OFFICE OF SPECIES CONSERVATION FOR FISCAL YEAR 2013; Motions and Resolutions LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION AND BENEFITS. The President announced that HCR 34 was before the Senate for final consideration. S 1380, S 1381, and S 1382 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee Moved by Senator McKenzie, seconded by Senator Werk, for printing. that HCR 34 be adopted. The question being, "Shall the resolution be adopted?" [March 6, 2012 SENATE JOURNAL 167

H 569 , by State Affairs Committee, was introduced, read Third Reading of Bills the first time at length, and referred to the Health and Welfare Committee. H 465 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 570 , by State Affairs Committee, was introduced, read Schmidt arose as sponsor of the bill and opened the debate. The the first time at length, and referred to the Judiciary and Rules question being, "Shall the bill pass?" Committee. Pursuant to Senate Rule 39(H), Senator Mortimer disclosed H 577, H 553, and H 575 , by State Affairs Committee, were a possible conflict of interest under applicable law. introduced, read the first time at length, and referred to the State Affairs Committee. Roll call resulted as follows: H 588 and H 590 , by Education Committee, were AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, introduced, read the first time at length, and referred to the Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Education Committee. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, H 615, H 616, H 617, and H 618 , by Appropriations Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Committee, were introduced, read the first time at length, and Werk. Total - 33. referred to the Finance Committee. NAYS–None. H 595 , by Ways and Means Committee, was introduced, read the first time at length, and referred to the Judiciary and Absent and excused–Brackett, Winder. Total - 2. Rules Committee. Total - 35. H 495 , by Resources and Conservation Committee, was Whereupon the President declared H 465 passed, title was introduced, read the first time at length, and referred to the approved, and the bill ordered returned to the House. Resources and Environment Committee. H 549 and H 550 , by State Affairs Committee, were H 492 was read the third time at length, section by section, introduced, read the first time at length, and referred to the and placed before the Senate for final consideration. Senator Commerce and Human Resources Committee. Tippets arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 523, as amended, by Commerce and Human Resources Committee, was introduced, read the first time at length, and Pursuant to Senate Rule 39(H), Senator Cameron disclosed referred to the Commerce and Human Resources Committee. a possible conflict of interest under applicable law. HCR 46 , by State Affairs Committee, was introduced, read Roll call resulted as follows: at length, and referred to the State Affairs Committee. AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, HCR 48 , by Education Committee, was introduced, read at Cameron, Corder, Darrington, Davis, Fulcher, Goedde, length, and referred to the Education Committee. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, HCR 40, as amended, by Education Committee, was Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, introduced, read at length, and referred to the Commerce and Werk. Total - 33. Human Resources Committee. NAYS–None. The Senate advanced to the Twelfth Order of Business. Absent and excused–Brackett, Winder. Total - 2. Second Reading of Bills Total - 35. S 1359, S 1360, S 1361, S 1367, and S 1368 , by Finance Committee, were read the second time at length and filed for third Whereupon the President declared H 492 passed, title was reading. approved, and the bill ordered returned to the House. H 379, H 460, H 462, H 463, H 464, and H 526 , by Resources and Conservation Committee, were read the second H 546 was read the third time at length, section by section, time at length and filed for third reading. and placed before the Senate for final consideration. Senators Cameron and Goedde arose as co-sponsors of the bill and opened S 1335, S 1343, S 1363, and S 1365 , by State Affairs the debate. The question being, "Shall the bill pass?" Committee, were read the second time at length and filed for third reading. Roll call resulted as follows: S 1321, as amended, by Resources and Environment AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Committee, was read the second time at length and filed for third Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, reading. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKenzie, Mortimer, Rice, Schmidt, S 1337, as amended, and S 1356, as amended, by Judiciary Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. and Rules Committee, were read the second time at length and Total - 30. filed for third reading. NAYS–McKague, Nuxoll, Pearce, Vick. Total - 4. S 1336, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. Absent and excused–Winder. Total - 1. The Senate advanced to the Thirteenth Order of Business. Total - 35. 168 SENATE JOURNAL March 6, 2012]

Whereupon the President declared H 546 passed, title was H 441 was read the third time at length, section by section, approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. H 499 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Toryanski arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski, Werk. Total - 33. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, NAYS–None. Toryanski, Werk. Total - 33. Absent and excused–Vick, Winder. Total - 2. NAYS–None. Absent and excused–Vick, Winder. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 441 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 499 passed, title was approved, and the bill ordered returned to the House. H 442 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 521 was read the third time at length, section by section, Heider arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" Fulcher arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski, Werk. Total - 33. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 33. NAYS–None. NAYS–None. Absent and excused–Vick, Winder. Total - 2. Absent and excused–Vick, Winder. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 442 passed, title was Whereupon the President declared H 521 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 500 was read the third time at length, section by section, H 534 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Pearce arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 33. Toryanski, Werk. Total - 33. NAYS–None. NAYS–None. Absent and excused–Vick, Winder. Total - 2. Absent and excused–Vick, Winder. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 534 passed, title was Whereupon the President declared H 500 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. [March 6, 2012 SENATE JOURNAL 169

H 501 was read the third time at length, section by section, S 1337, as amended, was read the third time at length, section and placed before the Senate for final consideration. Senator by section, and placed before the Senate for final consideration. Smyser arose as sponsor of the bill and opened the debate. The Senator LeFavour arose as sponsor of the bill and opened the question being, "Shall the bill pass?" debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Schmidt, Siddoway, Smyser, Stennett, Tippets, Werk. Total - 31. Toryanski, Werk. Total - 33. NAYS–None. NAYS–None. Absent and excused–Pearce, Toryanski, Vick, Winder. Absent and excused–Vick, Winder. Total - 2. Total - 4. Total - 35. Total - 35. Whereupon the President declared H 501 passed, title was Whereupon the President declared S 1337, as approved, and the bill ordered returned to the House. amended, passed, title was approved, and the bill ordered transmitted to the House.

H 472 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Moved by Senator Davis, seconded by Senator Malepeai, Johnson arose as sponsor of the bill and opened the debate. The that all rules of the Senate interfering with the immediate question being, "Shall the bill pass?" consideration of S 1356, as amended, be suspended. The question being, "Shall the rules be suspended?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Heider, Johnson, Keough, LeFavour, Lodge, McKague, Nuxoll, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Rice, Schmidt, Smyser, Tippets. Total - 22. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, NAYS–Bock, Corder, Hill, Malepeai, McKenzie, Mortimer, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Siddoway, Stennett, Werk. Total - 9. Toryanski, Werk. Total - 33. Absent and excused–Pearce, Toryanski, Vick, Winder. NAYS–None. Total - 4. Absent and excused–Vick, Winder. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 472 passed, title was More than two-thirds having voted in the affirmative, the approved, and the bill ordered returned to the House. President declared the rules suspended and announced that S 1356, as amended, was before the Senate for final consideration. Moved by Senator Davis, seconded by Senator Malepeai, S 1356, as amended, was read the third time at length, section that all rules of the Senate interfering with the immediate by section, and placed before the Senate for final consideration. consideration of S 1337, as amended, be suspended. The question Senator Corder arose as sponsor of the bill and opened the debate. being, "Shall the rules be suspended?" The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 33. Toryanski, Werk. Total - 33. NAYS–None. NAYS–None. Absent and excused–Vick, Winder. Total - 2. Absent and excused–Vick, Winder. Total - 2. Total - 35. Total - 35. More than two-thirds having voted in the affirmative, the Whereupon the President declared S 1356, as President declared the rules suspended and announced that amended, passed, title was approved, and the bill ordered S 1337, as amended, was before the Senate for final consideration. transmitted to the House. 170 SENATE JOURNAL March 6, 2012]

Moved by Senator Davis, seconded by Senator Malepeai, More than two-thirds having voted in the affirmative, the that all rules of the Senate interfering with the immediate President declared the rules suspended and announced that consideration of S 1335 be suspended. The question being, S 1343 was before the Senate for final consideration. "Shall the rules be suspended?" S 1343 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Davis arose as sponsor of the bill and opened the debate. The AYES–Andreason, Bair, Bilyeu, Bock, Brackett, question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Roll call resulted as follows: Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Toryanski, Werk. Total - 33. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, NAYS–None. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Absent and excused–Vick, Winder. Total - 2. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 33. Total - 35. NAYS–None. More than two-thirds having voted in the affirmative, the President declared the rules suspended and announced that Absent and excused–Vick, Winder. Total - 2. S 1335 was before the Senate for final consideration. Total - 35. S 1335 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1343 passed, title was McKenzie arose as sponsor of the bill and opened the debate. approved, and the bill ordered transmitted to the House. The question being, "Shall the bill pass?" On request by Senator Davis, granted by unanimous consent, Roll call resulted as follows: the Third Reading Calendar was reordered placing all Senate bills as amended in the Senate at the head of the calendar, followed by AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Senate non Finance Committee bills, followed by Senate Finance Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Committee bills, followed by House bills. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, On request by Senator Davis, granted by unanimous consent, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, the Senate advanced to the Fifteenth Order of Business. Toryanski, Werk. Total - 33. Miscellaneous Business NAYS–None. On motion by Senator Davis, seconded by Senator Malepeai, Absent and excused–Vick, Winder. Total - 2. by voice vote, the Senate adjourned at 11:45 a.m. until the hour Total - 35. of 11 a.m., Wednesday, March 7, 2012. Whereupon the President declared S 1335 passed, title was BRAD LITTLE, President approved, and the bill ordered transmitted to the House. Attest: JENNIFER NOVAK, Secretary Having voted on the prevailing side by which S 1337, as amended, passed the Senate, Senator Davis served notice that he may on this or the next legislative day move for reconsideration of the vote. S 1337, as amended, was ordered held at the Secretary's desk. Moved by Senator Fulcher, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate consideration of S 1343 be suspended. The question being, "Shall the rules be suspended?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk. Total - 33. NAYS–None. Absent and excused–Vick, Winder. Total - 2. Total - 35. [March 7, 2012 SENATE JOURNAL 171

SENATE JOURNAL exemplary volunteer service by receiving 2012 Prudential Spirit of Community Awards; and OF THE WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across IDAHO LEGISLATURE America who have demonstrated an extraordinary commitment to serving their communities; and SECOND REGULAR SESSION WHEREAS, Ariane Drake, a student at Century High School SIXTY-FIRST LEGISLATURE in Pocatello, earned this award by giving generously of her time and energy to raise nearly $30,000 to buy land and construct a new building for a school in Uganda and to pay for students' tuition fees; and WHEREAS, Emily Kladar, a sixth-grader at Canfield Middle FIFTY-NINTH LEGISLATIVE DAY School in Coeur d'Alene, created a nonprofit charity with her WEDNESDAY, MARCH 7, 2012 sister that has raised more than $60,000 to benefit the families of children needing heart surgery by selling dish towels with their designed logo that reads: "Kids Helping Kids Fix Broken Hearts." Senate Chamber WHEREAS, the success of the State of Idaho, the strength of our communities, and the overall vitality of American society President Little called the Senate to order at 11 a.m. depend, in great measure, upon the dedication of young people like Ariane Drake and Emily Kladar who use their considerable talents and resources to serve others. Roll call showed all members present except Senator NOW, THEREFORE, BE IT RESOLVED by the members Malepeai, absent and formally excused by the Chair; and of the Senate, assembled in the Second Regular Session of the President Pro Tempore Hill and Senators Bair, Bilyeu, Brackett, Sixty-first Idaho Legislature, that we hereby congratulate and Broadsword, Cameron, Heider, Keough, LeFavour, Mortimer, honor Ariane Drake and Emily Kladar as recipients of Prudential and Toryanski, absent and excused. Spirit of Community Awards, recognize their outstanding record of volunteer service, peer leadership and community spirit and Prayer was offered by Chaplain Keith Buhler. extend best wishes for their continued success and achievement. The Pledge of Allegiance was led by Alexa Woodland, Page. SR 104 was introduced, read at length, and referred to the The Senate advanced to the Third Order of Business. Judiciary and Rules Committee for printing. The Senate advanced to the Sixth Order of Business. Reading and Correction of the Journal Reports of Standing Committees The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 6, 2012, was read and March 7, 2012 approved as corrected. DARRINGTON, Chairman The JUDICIARY AND RULES Committee reports that S 1380, S 1381, and S 1382 have been correctly printed. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. DARRINGTON, Chairman President Pro Tempore Hill was recorded present at this order S 1380 was referred to the Judiciary and Rules Committee. of business. S 1381 and S 1382 were referred to the Finance Committee. On request by Senator Davis, granted by unanimous consent, March 6, 2012 the Senate advanced to the Fifth Order of Business. The AGRICULTURAL AFFAIRS Committee reports out H 512, as amended, H 513, and HCR 37 with the Petitions, Resolutions, and Memorials recommendation that they do pass. SIDDOWAY, Chairman SR 104 BY STATE AFFAIRS COMMITTEE H 512, as amended, and H 513 were filed for second reading. A SENATE RESOLUTION HCR 37 was referred to the Tenth Order of Business, RECOGNIZING THE SUCCESS AND ACHIEVEMENT OF Motions and Resolutions, and ordered held at the Secretary's ARIANE DRAKE OF POCATELLO AND EMILY KLADAR desk for one legislative day. OF HAYDEN LAKE, RECIPIENTS OF PRUDENTIAL SPIRIT OF COMMUNITY AWARDS. March 6, 2012 Be It Resolved by the Senate of the State of Idaho: The FINANCE Committee reports out H 615, H 616, H 617, H 618, S 1375, S 1376, and S 1377 with the recommendation that WHEREAS, the Senate recognizes the success and they do pass. achievement of Ariane Drake, of Pocatello, and Emily Kladar, of Hayden Lake, who have achieved national recognition of CAMERON, Chairman 172 SENATE JOURNAL March 7, 2012]

H 615, H 616, H 617, H 618, S 1375, S 1376, and Introduction, First Reading, and Reference of Bills, S 1377 were filed for second reading. House Petitions, Resolutions, and Memorials

March 6, 2012 S 1383 BY STATE AFFAIRS COMMITTEE The TRANSPORTATION Committee reports it has had AN ACT under consideration the Gubernatorial appointment listed below RELATING TO THE MAINTENANCE AND REPAIR and the Committee recommends that said appointment be OF DITCHES, CANALS AND CONDUITS; AMENDING confirmed by the Senate: SECTION 42-1203, IDAHO CODE, TO PROVIDE THAT Jim Kempton to the Idaho Transportation Board, term to SPECIFIED DUTIES RELATING TO DITCHES, CANALS expire January 31, 2018. AND CONDUITS REQUIRE REASONABLE CARE ONLY AND DO NOT IMPOSE STRICT LIABILITY OR ENLARGE HAMMOND, Chairman LIABILITY OF OWNERS AND TO PROVIDE THAT OWNERS SHALL NOT BE LIABLE FOR SPECIFIED The Gubernatorial appointment was referred to the Tenth DAMAGES OR INJURIES; AND AMENDING SECTION Order of Business, Motions and Resolutions, and ordered held 42-1204, IDAHO CODE, TO PROVIDE THAT SPECIFIED at the Secretary's desk for one legislative day. DUTIES RELATING TO DITCHES, CANALS, WORKS AND AQUEDUCTS REQUIRE REASONABLE CARE ONLY March 6, 2012 AND DO NOT IMPOSE STRICT LIABILITY OR ENLARGE The TRANSPORTATION Committee reports out H 540, as LIABILITY OF OWNERS, TO PROVIDE THAT OWNERS amended, with the recommendation that it do pass. AND CONSTRUCTORS SHALL NOT BE LIABLE FOR SPECIFIED DAMAGES OR INJURIES AND TO PROVIDE HAMMOND, Chairman THAT SPECIFIED LAW SHALL NOT BE CONSTRUED TO IMPAIR ANY DEFENSE THAT AN OWNER OR H 540, as amended, was filed for second reading. CONSTRUCTOR OF A DITCH, CANAL, WORKS OR OTHER AQUEDUCT MAY ASSERT IN A CIVIL ACTION. March 6, 2012 S 1383 was introduced, read the first time at length, and The JUDICIARY AND RULES Committee reports out referred to the Judiciary and Rules Committee for printing. S 1339 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Senator Heider was recorded present at this order of business. DARRINGTON, Chairman H 621 and H 622 , by Appropriations Committee, were introduced, read the first time at length, and referred to the There being no objection, S 1339 was referred to the Finance Committee. Fourteenth Order of Business, General Calendar. H 518 and H 591 , by Revenue and Taxation Committee, March 7, 2012 were introduced, read the first time at length, and referred to the The STATE AFFAIRS Committee reports out H 516, S 1330, State Affairs Committee. S 1366, and HCR 36 with the recommendation that they do pass. H 572 , by State Affairs Committee, was introduced, read the MCKENZIE, Chairman first time at length, and referred to the State Affairs Committee. H 516, S 1330, and S 1366 were filed for second reading. H 582 and H 593 , by Revenue and Taxation Committee, were introduced, read the first time at length, and referred to the HCR 36 was referred to the Tenth Order of Business, Local Government and Taxation Committee. Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. H 604 , by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. H 496 , by Resources and Conservation Committee, was introduced, read the first time at length, and referred to the Resources and Environment Committee. Messages from the House The Senate advanced to the Twelfth Order of Business.

March 6, 2012 Second Reading of Bills Dear Mr. President: Senator Brackett was recorded present at this order of business. I transmit herewith H 621, H 622, H 518, H 572, H 582, H 591, H 593, H 604, and H 496 , which have passed the House. On request by Senator Tippets, granted by unanimous consent, H 457 was referred to the Fourteenth Order of Business, ALEXANDER, Chief Clerk General Calendar. H 621, H 622, H 518, H 572, H 582, H 591, H 593, H 604, Senators Bair, Mortimer, Bilyeu, and Keough were recorded and H 496 were filed for first reading. present at this order of business. On request by Senator Davis, granted by unanimous consent, H 600, H 601, and H 602 , by Appropriations Committee, the Senate advanced to the Eleventh Order of Business. were read the second time at length and filed for third reading. [March 7, 2012 SENATE JOURNAL 173

H 459, H 461, H 525, and H 543 , by Resources and S 1365 was read the third time at length, section by section, Conservation Committee, were read the second time at length and placed before the Senate for final consideration. President Pro and filed for third reading. Tempore Hill arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1271 and S 1282 , by Resources and Environment Committee, were read the second time at length and filed for Roll call resulted as follows: third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, H 403 , by Judiciary, Rules, and Administration Committee, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, was read the second time at length and filed for third reading. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, H 481 and H 556 , by Education Committee, were read the Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, second time at length and filed for third reading. Winder. Total - 33. On request by Senator Davis, granted by unanimous consent, NAYS–None. the Senate returned to the Tenth Order of Business. Absent and excused–Malepeai, McKenzie. Total - 2. Motions and Resolutions Total - 35. Whereupon the President declared S 1365 passed, title was On request by Senator Davis, granted by unanimous consent, approved, and the bill ordered transmitted to the House. SCR 127, SCR 128, and SCR 129 retained their place on the calendar for Thursday, March 8, 2012. S 1359 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Senators Broadsword, Cameron, and LeFavour were Keough arose as sponsor of the bill and opened the debate. The recorded present at this order of business. question being, "Shall the bill pass?" The President announced that SCR 124 was before the Roll call resulted as follows: Senate for final consideration, the question being, "Shall the resolution be adopted?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, On motion by Senator Goedde, seconded by Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Senator Stennett, SCR 124 was adopted by voice vote, title was Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, approved, and the resolution ordered transmitted to the House. Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, On request by Senator Davis, granted by unanimous consent, Winder. Total - 33. the Senate advanced to the Thirteenth Order of Business. NAYS–None.

Third Reading of Bills Absent and excused–Malepeai, McKenzie. Total - 2. Total - 35. On request by Senator Davis, granted by unanimous consent, Whereupon the President declared S 1359 passed, title was S 1321, as amended, retained its place on the Third Reading approved, and the bill ordered transmitted to the House. Calendar for one legislative day. On request by Senator Davis, granted by unanimous consent, On request by Senator Mortimer, granted by unanimous S 1336, as amended, retained its place on the Third Reading consent, S 1360 retained its place on the Third Reading Calendar Calendar for one legislative day. for one legislative day. S 1363 was read the third time at length, section by section, S 1361 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Malepeai, McKenzie. Total - 2. Absent and excused–Malepeai, McKenzie. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1363 passed, title was Whereupon the President declared S 1361 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered transmitted to the House. 174 SENATE JOURNAL March 7, 2012]

S 1367 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Toryanski arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. Absent and excused–Malepeai, McKenzie. Total - 2. Total - 35. Whereupon the President declared S 1367 passed, title was approved, and the bill ordered transmitted to the House. S 1368 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Toryanski arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, LeFavour, Lodge, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. Absent and excused–Johnson, Malepeai, McKenzie. Total - 3. Total - 35. Whereupon the President declared S 1368 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Bock, by voice vote, the Senate adjourned at 12 noon until the hour of 10 a.m., Thursday, March 8, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [March 8, 2012 SENATE JOURNAL 175

SENATE JOURNAL WHEREAS, the Union Pacific Railroad is the principal operating company of Union Pacific Corporation, linking the OF THE twenty-three states in the western two-thirds of the country by rail and providing freight solutions and logistics expertise to the global supply chain; and IDAHO LEGISLATURE WHEREAS, the Union Pacific Railroad has 849 miles of Idaho track traversing many communities in the state and serving SECOND REGULAR SESSION Idaho's agriculture, phosphate and forest products industries; and SIXTY-FIRST LEGISLATURE WHEREAS, Northern and Southern Idaho are home to two of Union Pacific's main transcontinental arteries; and WHEREAS, Pocatello and Nampa are both important hubs of branch lines and important terminals for Union Pacific in Idaho; and SIXTIETH LEGISLATIVE DAY WHEREAS, Union Pacific has 950 employees in Idaho with THURSDAY, MARCH 8, 2012 an annual payroll of $73.7 million; and WHEREAS, Union Pacific has made more than $45 million in capital investments in Idaho over the last two years and has Senate Chamber provided more than $275,000 to charitable organizations in the President Little called the Senate to order at 10 a.m. state; and WHEREAS, July 1, 2012, is the 150th anniversary of the Union Pacific Railroad. NOW, THEREFORE, BE IT RESOLVED by the members of Roll call showed all members present except Senators Davis the Second Regular Session of the Sixty-first Idaho Legislature, and Malepeai, absent and formally excused by the Chair; and the Senate and the House of Representatives concurring therein, Senators Darrington, McKague, and Smyser, absent and excused. that the achievements of the Union Pacific Railroad and its Prayer was offered by Chaplain Keith Buhler. service to the people of the State of Idaho be recognized in this year of its 150th anniversary. The Pledge of Allegiance was led by Jamie Bush, Page. BE IT FURTHER RESOLVED that the Secretary of the Senate shall deliver a copy of this Resolution to the Union The Senate advanced to the Third Order of Business. Pacific Railroad. SCR 130 was introduced, read at length, and referred to the Reading and Correction of the Journal Judiciary and Rules Committee for printing. The Senate advanced to the Sixth Order of Business. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 7, 2012, was read and approved as corrected. Reports of Standing Committees DARRINGTON, Chairman There being no objection, the report was adopted and ordered March 8, 2012 filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that On request by Senator Winder, granted by unanimous S 1383 and SR 104 have been correctly printed. consent, the Senate advanced to the Fifth Order of Business. DARRINGTON, Chairman S 1383 was referred to the State Affairs Committee. Petitions, Resolutions, and Memorials SR 104 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one Senators Darrington and Smyser were recorded present at legislative day. this order of business. March 7, 2012 SCR 130 BY JUDICIARY AND RULES COMMITTEE The RESOURCES AND ENVIRONMENT Committee A CONCURRENT RESOLUTION reports out H 396, H 397, H 399, H 400, and H 401 with the STATING LEGISLATIVE FINDINGS AND RECOGNIZING recommendation that they do pass. THE ACHIEVEMENTS OF THE UNION PACIFIC PEARCE, Chairman RAILROAD ON ITS 150TH ANNIVERSARY. H 396, H 397, H 399, H 400, and H 401 were filed for second Be It Resolved by the Legislature of the State of Idaho: reading. WHEREAS, President Abraham Lincoln signed the Pacific March 7, 2012 Railway Act on July 1, 1862, creating the original Union Pacific Railroad; and The JUDICIARY AND RULES Committee reports out WHEREAS, the Oregon Short Line, a Union Pacific Railroad S 1370 with the recommendation that it do pass. subsidiary, entered Idaho in 1882, eventually consolidating with DARRINGTON, Chairman the Utah Northern Railroad and the Utah Central Railroad, then merging into the Union Pacific Railroad in 1898; and S 1370 was filed for second reading. 176 SENATE JOURNAL March 8, 2012]

March 7, 2012 I have the honor to inform you that Milford Terrell of Eagle, Idaho, was appointed as a member of the State Board The JUDICIARY AND RULES Committee reports out of Education to serve a term commencing March 1, 2012, and S 1358 with the recommendation that it be referred to the expiring March 1, 2017. Fourteenth Order of Business for amendment. This appointment was made subject to confirmation by the DARRINGTON, Chairman Senate. Notice of appointment is hereby given. There being no objection, S 1358 was referred to the As Always - Idaho, Esto Perpetua Fourteenth Order of Business, General Calendar. /s/ C.L. "Butch" Otter March 7, 2012 Governor The FINANCE Committee reports out H 621, H 622, S 1381, The correspondence was ordered filed in the office ofthe and S 1382 with the recommendation that they do pass. Secretary of the Senate. CAMERON, Chairman The Gubernatorial appointment was referred to the Education Committee. H 621, H 622, S 1381, and S 1382 were filed for second reading. The Senate advanced to the Ninth Order of Business. March 7, 2012 Messages from the House The EDUCATION Committee reports out H 579 with the March 7, 2012 recommendation that it do pass. Dear Mr. President: GOEDDE, Chairman I transmit herewith H 440, H 576, H 599, H 562, as amended, H 579 was filed for second reading. and HCR 44 , which have passed the House. March 7, 2012 ALEXANDER, Chief Clerk The EDUCATION Committee reports out HCR 39 and H 440, H 576, H 599, H 562, as amended, and HCR 44 were HJM 8 with the recommendation that they do pass. filed for first reading. GOEDDE, Chairman March 7, 2012 HCR 39 and HJM 8 were referred to the Tenth Order of Dear Mr. President: Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. I transmit herewith Enrolled H 484, H 489, and H 517 for the signature of the President. March 7, 2012 ALEXANDER, Chief Clerk The EDUCATION Committee reports out H 426 with the recommendation that it be referred to the Fourteenth Order of The President signed Enrolled H 484, H 489, and H 517 and Business for amendment. ordered them returned to the House. GOEDDE, Chairman March 7, 2012 There being no objection, H 426 was referred to the Dear Mr. President: Fourteenth Order of Business, General Calendar. I return herewith S 1333 , which has passed the House. March 7, 2012 ALEXANDER, Chief Clerk The HEALTH AND WELFARE Committee reports out S 1333 was referred to the Judiciary and Rules Committee H 541 with the recommendation that it do pass. for enrolling. LODGE, Chairman On request by Senator Winder, granted by unanimous H 541 was filed for second reading. consent, the Senate advanced to the Eleventh Order of Business. On request by Senator Winder, granted by unanimous Introduction, First Reading, and Reference of Bills, consent, the Senate advanced to the Eighth Order of Business. House Petitions, Resolutions, and Memorials S 1384 Messages from the Governor BY FINANCE COMMITTEE AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT OF March 6, 2012 LABOR FOR FISCAL YEAR 2013; APPROPRIATING The Honorable Brad Little REED ACT MONEYS TO THE DEPARTMENT OF LABOR President of the Senate FOR FISCAL YEAR 2013; LIMITING THE NUMBER OF Idaho Legislature FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION AND Dear Mr. President: BENEFITS. [March 8, 2012 SENATE JOURNAL 177

S 1385 On request by Senator Winder, granted by unanimous BY JUDICIARY AND RULES COMMITTEE consent, the Senate returned to the Tenth Order of Business. AN ACT RELATING TO CHALLENGES TO APPORTIONMENT PLANS; AMENDING CHAPTER 15, TITLE 72, IDAHO Motions and Resolutions CODE, BY THE ADDITION OF A NEW SECTION 72-1509, IDAHO CODE, TO PROVIDE THAT WITHIN THE TIME AND IN THE MANNER PRESCRIBED BY RULE OF On request by Senator McKenzie, granted by unanimous THE SUPREME COURT, ANY REGISTERED VOTER, consent, SCR 127 retained its place on the calendar for Friday, INCORPORATED CITY OR COUNTY IN THIS STATE MAY March 9, 2012. APPEAL TO THE SUPREME COURT A CONGRESSIONAL The President announced that SCR 128 was before the OR LEGISLATIVE REDISTRICTING PLAN ADOPTED Senate for final consideration, the question being, "Shall the BY THE REAPPORTIONMENT COMMISSION AND resolution be adopted?" TO PROVIDE DUTIES OF THE COMMISSION; AND AMENDING CHAPTER 15, TITLE 72, IDAHO CODE, On motion by Senator McKenzie, seconded by BY THE ADDITION OF A NEW SECTION 72-1510, Senator Stennett, SCR 128 was adopted by voice vote, title was IDAHO CODE, TO PROVIDE THAT PRIOR TO OCTOBER approved, and the resolution ordered transmitted to the House. 1 OF A YEAR ENDING IN ONE, IN WHICH A NEW FEDERAL CENSUS IS AVAILABLE, ANY REGISTERED The President announced that SCR 129 was before the VOTER, INCORPORATED CITY OR COUNTY IN THIS Senate for final consideration, the question being, "Shall the STATE MAY CHALLENGE AN EXISTING LEGISLATIVE resolution be adopted?" APPORTIONMENT BASED UPON THE NEW FEDERAL CENSUS BY FILING A PETITION IN THE SUPREME On motion by Senator McKenzie, seconded by COURT INVOKING ITS ORIGINAL JURISDICTION IN Senator Stennett, SCR 129 was adopted by voice vote, title was SUCH MANNER AS PRESCRIBED BY RULE OF THE approved, and the resolution ordered transmitted to the House. SUPREME COURT. Senator McKague was recorded present at this order of S 1384 and S 1385 were introduced, read the first time at business. length, and referred to the Judiciary and Rules Committee for printing. The President announced that HCR 37 was before the Senate for final consideration, the question being, "Shall the resolution H 440 , by Health and Welfare Committee, was introduced, be adopted?" read the first time at length, and referred to the Commerce and Human Resources Committee. On motion by Senator Siddoway, seconded by Senator Nuxoll, HCR 37 was adopted by voice vote, title was H 576 and H 599 , by State Affairs Committee, were approved, and the resolution ordered returned to the House. introduced, read the first time at length, and referred to the State Affairs Committee. On request by Senator Fulcher, granted by unanimous consent, HCR 36 retained its place on the calendar for Friday, H 562, as amended, by Revenue and Taxation Committee, March 9, 2012. was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. The President announced that the Transportation Committee report relative to the Gubernatorial appointment of Jim Kempton HCR 44 , by State Affairs Committee, was introduced, read was before the Senate for final consideration, the question being, at length, and referred to the Health and Welfare Committee. "Shall the report be adopted?" The Senate advanced to the Twelfth Order of Business. On motion by Senator Cameron, seconded by Senator Werk, the Gubernatorial appointment of Jim Kempton as a member of Second Reading of Bills the Idaho Transportation Board was confirmed by voice vote. The President declared the report adopted and directed the H 512, as amended, and H 513 , by Agricultural Affairs Secretary of the Senate to prepare a letter of the Gubernatorial Committee, were read the second time at length and filed for third appointment confirmation for his signature, attested to bythe reading. Secretary, to be transmitted to the Governor informing him of the action of the Senate. H 615, H 616, H 617, and H 618 , by Appropriations Committee, were read the second time at length and filed for On request by Senator Winder, granted by unanimous third reading. consent, the Senate advanced to the Thirteenth Order of Business. S 1375, S 1376, and S 1377 , by Finance Committee, were read the second time at length and filed for third reading. Third Reading of Bills H 540, as amended, by Business Committee, was read the second time at length and filed for third reading. S 1321, as amended, was read the third time at length, section H 516 , by State Affairs Committee, was read the second time by section, and placed before the Senate for final consideration. at length and filed for third reading. Senator Pearce arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1330 and S 1366 , by State Affairs Committee, were read the second time at length and filed for third reading. Roll call resulted as follows: 178 SENATE JOURNAL March 8, 2012]

AYES–Bair, Brackett, Cameron, Corder, Darrington, March 8, 2012 Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, The COMMERCE AND HUMAN RESOURCES Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 25. Committee reports out H 420, H 421, H 422, H 523, as amended, H 598, and S 1369 with the recommendation that they do pass. NAYS–Andreason, Bilyeu, Bock, Broadsword, LeFavour, Schmidt, Stennett, Werk. Total - 8. ANDREASON, Chairman Absent and excused–Davis, Malepeai. Total - 2. H 420, H 421, H 422, H 523, as amended, H 598, and S 1369 were filed for second reading. Total - 35. March 8, 2012 Whereupon the President declared S 1321, as amended, passed, title was approved, and the bill ordered The TRANSPORTATION Committee reports out H 511, transmitted to the House. as amended, with the recommendation that it be referred to the Fourteenth Order of Business for amendment. On request by Senator Winder, granted by unanimous consent, S 1336, as amended, retained its place on the Third HAMMOND, Chairman Reading Calendar for Monday, March 12, 2012. There being no objection, H 511, as amended, was referred On request by Senator Winder, granted by unanimous to the Fourteenth Order of Business, General Calendar. consent, S 1360 retained its place on the Third Reading Calendar On request by Senator Winder, granted by unanimous for one legislative day. consent, the following typographical correction was made to Having voted on the prevailing side by which S 1321, as S 1321, as amended, pursuant to Senate Rule 9(F): amended, passed the Senate, Senator Winder served notice that he On Page 2 of the engrossed bill, line 11, conservation was may on this or the next legislative day move for reconsideration changed to environment and line 12 environment was changed to of the vote. conservation. S 1321, as amended, was ordered held at the Secretary's desk. Whereupon the President ordered the bill transmitted to the On request by Senator Winder, granted by unanimous House. consent, all Senate bills as amended in the Senate were placed at Senators Bilyeu, Corder, and Werk were recorded present at the head of the Third Reading Calendar, followed by remaining this order of business. Senate bills, followed by House bills as amended, followed by House bills. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Third Reading of Bills Reports of Standing Committees

On motion by Senator Winder, seconded by Senator Bock, S 1271 was read the third time at length, section by section, by voice vote, the Senate recessed at 11:15 a.m. until the hour of and placed before the Senate for final consideration. Senator 4:15 p.m. of this day. Brackett arose as sponsor of the bill and opened the debate. The RECESS question being, "Shall the bill pass?" AFTERNOON SESSION Pursuant to Senate Rule 39(H), Senators Brackett and The Senate reconvened at 4:15 p.m., pursuant to recess, Siddoway disclosed a possible conflict of interest under President Little presiding. applicable law. Roll call resulted as follows:

Roll call showed all members present except Senators AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Andreason, Davis and Malepeai, absent and formally excused Corder, Darrington, Fulcher, Goedde, Hammond, Hill, Johnson, by the Chair; and Senators Bilyeu, Corder, Goedde, Heider, and Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Werk, absent and excused. Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees. NAYS–None. March 8, 2012 Absent and excused–Andreason, Davis, Heider, Malepeai. Total - 4. The JUDICIARY AND RULES Committee reports that S 1333 has been correctly enrolled. Total - 35. DARRINGTON, Chairman Whereupon the President declared S 1271 passed, title was approved, and the bill ordered transmitted to the House. The President signed Enrolled S 1333 and ordered it transmitted to the House for the signature of the Speaker. On request by Senator Winder, granted by unanimous Senator Goedde was recorded present at this order of consent, S 1282 retained its place on the Third Reading Calendar business. for one legislative day. [March 8, 2012 SENATE JOURNAL 179

S 1375 was read the third time at length, section by section, H 462 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Bilyeu arose as sponsor of the bill and opened the debate. The Pearce arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Hammond, Hill, Johnson, Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. NAYS–None. Absent and excused–Andreason, Davis, Heider, Malepeai. Absent and excused–Andreason, Davis, Malepeai. Total - 3. Total - 4. Total - 35. Total - 35. Whereupon the President declared H 462 passed, title was Whereupon the President declared S 1375 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered transmitted to the House.

H 463 was read the third time at length, section by section, Senator Heider was recorded present at this order of business. and placed before the Senate for final consideration. Senator Werk On request by Senator Winder, granted by unanimous arose as sponsor of the bill and opened the debate. The question consent, H 464 retained its place on the Third Reading Calendar being, "Shall the bill pass?" for one legislative day. Roll call resulted as follows: H 379 was read the third time at length, section by section, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, and placed before the Senate for final consideration. Senator Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Pearce arose as sponsor of the bill and opened the debate. The Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, question being, "Shall the bill pass?" Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Roll call resulted as follows: Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, NAYS–None. Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Absent and excused–Andreason, Davis, Malepeai. Total - 3. Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Total - 35. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. Whereupon the President declared H 463 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Andreason, Davis, Malepeai. Total - 3. H 526 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Whereupon the President declared H 379 passed, title was Siddoway arose as sponsor of the bill and opened the debate. approved, and the bill ordered returned to the House. The question being, "Shall the bill pass?" Roll call resulted as follows: H 460 was read the third time at length, section by section, AYES–Bair, Bilyeu, Brackett, Broadsword, Cameron, and placed before the Senate for final consideration. Senator Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Heider arose as sponsor of the bill and opened the debate. The Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, question being, "Shall the bill pass?" Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Roll call resulted as follows: Vick, Winder. Total - 27. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, NAYS–Bock, LeFavour, Schmidt, Stennett, Werk. Total - 5. Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Absent and excused–Andreason, Davis, Malepeai. Total - 3. Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Total - 35. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. Whereupon the President declared H 526 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Andreason, Davis, Malepeai. Total - 3. Total - 35. H 600 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 460 passed, title was Mortimer arose as sponsor of the bill and opened the debate. approved, and the bill ordered returned to the House. The question being, "Shall the bill pass?" 180 SENATE JOURNAL March 8, 2012]

Roll call resulted as follows: Miscellaneous Business AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, On motion by Senator Winder, seconded by Senator Bock, Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, by voice vote, the Senate adjourned at 5:30 p.m. until the hour of Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, 10 a.m., Friday, March 9, 2012. Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. BRAD LITTLE, President NAYS–None. Attest: JENNIFER NOVAK, Secretary Absent and excused–Andreason, Davis, Malepeai. Total - 3. Total - 35. Whereupon the President declared H 600 passed, title was approved, and the bill ordered returned to the House. H 601 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. Absent and excused–Andreason, Davis, Malepeai. Total - 3. Total - 35. Whereupon the President declared H 601 passed, title was approved, and the bill ordered returned to the House. H 602 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Mortimer disclosed a possible conflict of interest under applicable law. Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. Absent and excused–Andreason, Davis, Malepeai. Total - 3. Total - 35. Whereupon the President declared H 602 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, H 464 was placed at the head of the Third Reading Calendar, followed by all Senate bills, followed by all remaining House bills. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. [March 9, 2012 SENATE JOURNAL 181

SENATE JOURNAL HCR 48 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's OF THE desk for one legislative day. IDAHO LEGISLATURE March 8, 2012 The HEALTH AND WELFARE Committee reports out SECOND REGULAR SESSION H 503 and H 558 with the recommendation that they do pass. SIXTY-FIRST LEGISLATURE LODGE, Chairman H 503 and H 558 were filed for second reading. On request by Senator Fulcher, granted by unanimous SIXTY-FIRST LEGISLATIVE DAY consent, the Senate advanced to the Ninth Order of Business. FRIDAY, MARCH 9, 2012 Messages from the House

Senate Chamber March 8, 2012 President Little called the Senate to order at 10 a.m. Dear Mr. President: I transmit herewith H 608, H 635, H 636, H 638, H 609, H 583, and H 587, as amended, which have passed the House. Roll call showed all members present except Senators Davis and Malepeai, absent and formally excused by the Chair; and ALEXANDER, Chief Clerk Senators Cameron, Lodge, and McKague, absent and excused. H 608, H 635, H 636, H 638, H 609, H 583, and H 587, as Prayer was offered by Chaplain Keith Buhler. amended, were filed for first reading. The Pledge of Allegiance was led by Nathan Chelson, Page. March 8, 2012 The Senate advanced to the Third Order of Business. Dear Mr. President: Reading and Correction of the Journal I transmit herewith Enrolled H 465, H 492, H 546, H 499, H 521, H 534, H 441, H 442, H 500, H 501, H 472, and The JUDICIARY AND RULES Committee reports that the HCR 34 for the signature of the President. Senate Journal of the proceedings of March 8, 2012, was read and approved as corrected. ALEXANDER, Chief Clerk DARRINGTON, Chairman The President signed Enrolled H 465, H 492, H 546, H 499, H 521, H 534, H 441, H 442, H 500, H 501, H 472, and There being no objection, the report was adopted and ordered HCR 34 and ordered them returned to the House. filed in the office of the Secretary of the Senate. Senator McKague was recorded present at this order of On request by Senator Fulcher, granted by unanimous business. consent, the Senate advanced to the Sixth Order of Business. The Senate advanced to the Tenth Order of Business. Reports of Standing Committees Motions and Resolutions March 9, 2012 On request by Senator McKenzie, granted by unanimous The JUDICIARY AND RULES Committee reports that consent, SCR 127 was referred to the State Affairs Committee. S 1384, S 1385, and SCR 130 have been correctly printed. Senator Cameron was recorded present at this order of DARRINGTON, Chairman business. S 1384 was referred to the Finance Committee. The President announced that HCR 36 was before the Senate for final consideration, the question being, "Shall the resolution S 1385 was referred to the State Affairs Committee. be adopted?" SCR 130 was referred to the Tenth Order of Business, On motion by Senator Fulcher, seconded by Senator Stennett, Motions and Resolutions, and ordered held at the Secretary's HCR 36 was adopted by voice vote, title was approved, and the desk for one legislative day. resolution ordered returned to the House. Senator Lodge was recorded present at this order of business. The President announced that SR 104 was before the Senate March 8, 2012 for final consideration, the question being, "Shall the resolution be adopted?" The EDUCATION Committee reports out HCR 48 with the recommendation that it do pass. On motion by Senator Bilyeu, seconded by Senator Vick, SR 104 was adopted by voice vote, title was approved, and the GOEDDE, Chairman resolution ordered filed in the office of the Secretary of the Senate. 182 SENATE JOURNAL March 9, 2012]

On request by Senator Winder, granted by unanimous S 1369 , by Judiciary and Rules Committee, was read the consent, HCR 39 retained its place on the calendar for Monday, second time at length and filed for third reading. March 12, 2012. The Senate advanced to the Thirteenth Order of Business. The President announced that HJM 8 was before the Senate for final consideration, the question being, "Shall the memorial Third Reading of Bills be adopted?" H 464 was read the third time at length, section by section, On motion by Senator Winder, seconded by Senator Fulcher, and placed before the Senate for final consideration. Senator HJM 8 was adopted by voice vote, title was approved, and the Tippets arose as sponsor of the bill and opened the debate. The memorial ordered returned to the House. question being, "Shall the bill pass?" The Senate advanced to the Eleventh Order of Business. A motion was made by Senator Toryanski, seconded by Senator Cameron, to refer H 464 to the Fourteenth Order of Introduction, First Reading, and Reference of Bills, Business, General Calendar. House Petitions, Resolutions, and Memorials Roll call vote was requested by Senator Cameron. Senators Broadsword, Keough and Schmidt stood in support of the roll call H 608 , by State Affairs Committee, was introduced, read request. the first time at length, and referred to the Resources and Environment Committee. AYES–Andreason, Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, Hammond, Johnson, Keough, LeFavour, H 635 , by Ways and Means Committee, was introduced, Malepeai, McKenzie, Schmidt, Stennett, Toryanski, Werk. read the first time at length, and referred to the State Affairs Total - 17. Committee. H 636 and H 638 , by Appropriations Committee, were NAYS–Bair, Brackett, Fulcher, Goedde, Heider, Hill, Lodge, introduced, read the first time at length, and referred to the McKague, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Finance Committee. Tippets, Vick, Winder. Total - 17. H 609 , by State Affairs Committee, was introduced, read Absent and excused–Davis. Total - 1. the first time at length, and referred to the Health and Welfare Paired and voting included in roll call: Committee. AYE - Malepeai NAY - Winder H 583 , by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Total - 35. Transportation Committee. A tie vote having resulted in the roll call, the President voted H 587, as amended, by State Affairs Committee, was AYE and H 464 was referred to the Fourteenth Order of Business, introduced, read the first time at length, and referred to the General Calendar. Commerce and Human Resources Committee. On request by Senator Fulcher, granted by unanimous The Senate advanced to the Twelfth Order of Business. consent, the Senate advanced to the Fifteenth Order of Business. Second Reading of Bills Miscellaneous Business

H 396, H 397, H 399, H 400, and H 401 , by Resources and On motion by Senator Fulcher, seconded by Senator Bock, Conservation Committee, were read the second time at length and by voice vote, the Senate adjourned at 12:10 p.m. until the hour filed for third reading. of 10 a.m., Monday, March 12, 2012. S 1370 , by Judiciary and Rules Committee, was read the BRAD LITTLE, President second time at length and filed for third reading. Attest: JENNIFER NOVAK, Secretary H 621 and H 622 , by Appropriations Committee, were read the second time at length and filed for third reading. S 1381 and S 1382 , by Finance Committee, were read the second time at length and filed for third reading. H 579 , by Education Committee, was read the second time at length and filed for third reading. H 541, H 420, H 421, and H 422 , by Business Committee, were read the second time at length and filed for third reading. H 523, as amended, by Commerce and Human Resources Committee, was read the second time at length and filed for third reading. H 598 , by State Affairs Committee, was read the second time at length and filed for third reading. [March 12, 2012 SENATE JOURNAL 183

SENATE JOURNAL WHEREAS, the existence of competent volunteer emergency medical services providers throughout Idaho is vital OF THE to the well-being of all those who live in or visit Idaho; and WHEREAS, the requirements placed on volunteer emergency medical services providers must provide an assurance IDAHO LEGISLATURE of public safety while not being onerous to a point so as to discourage volunteer participation. SECOND REGULAR SESSION NOW, THEREFORE, BE IT RESOLVED by the members of SIXTY-FIRST LEGISLATURE the Second Regular Session of the Sixty-first Idaho Legislature, the Senate and the House of Representatives concurring therein, that we encourage the Idaho Department of Health and Welfare to conduct outreach town hall meetings throughout Idaho to develop a better understanding of the challenges that hinder recruitment SIXTY-FOURTH LEGISLATIVE DAY and retention of volunteer emergency medical services providers. MONDAY, MARCH 12, 2012 BE IT FURTHER RESOLVED that the Department should schedule the town hall meetings in the evening hours to enable maximum participation by concerned stakeholders and should Senate Chamber hold the town hall meetings in locations that will enable concerned stakeholders to attend without having to drive any President Little called the Senate to order at 10 a.m. farther than 50 miles whenever possible. BE IT FURTHER RESOLVED that the Department should facilitate the town hall meetings in such a manner so as to gather Roll call showed all members present except Senator as much feedback and suggestions for improvement as possible Andreason, absent and formally excused by the Chair; and and should consider the feedback received during the town hall Senators Brackett, Cameron, Corder, Fulcher, Lodge, and Pearce, meetings as they continue to develop the programs, policies, absent and excused. plans and procedures that support and regulate emergency medical services in Idaho. Prayer was offered by Chaplain Keith Buhler. SCR 131 was introduced, read at length, and referred to the The Pledge of Allegiance was led by Daniel Kelley, Page. Judiciary and Rules Committee for printing. The Senate advanced to the Third Order of Business. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Reading and Correction of the Journal Messages from the House The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 9, 2012, was read and March 9, 2012 approved as corrected. Dear Mr. President: DARRINGTON, Chairman I transmit herewith H 637, H 487, H 566, as amended, H 573, There being no objection, the report was adopted and ordered as amended, H 641, H 642, H 643, H 644, and H 607 , which filed in the office of the Secretary of the Senate. have passed the House. Senators Corder and Fulcher were recorded present at this ALEXANDER, Chief Clerk order of business. H 637, H 487, H 566, as amended, H 573, as amended, On request by Senator Davis, granted by unanimous consent, H 641, H 642, H 643, H 644, and H 607 were filed for first the Senate advanced to the Fifth Order of Business. reading. Petitions, Resolutions, and Memorials March 9, 2012 Senator Pearce was recorded present at this order of business. Dear Mr. President: SCR 131 I return herewith S 1371 , which has passed the House. BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION ALEXANDER, Chief Clerk STATING FINDINGS OF THE LEGISLATURE AND ENCOURAGING THE IDAHO DEPARTMENT OF HEALTH S 1371 was referred to the Judiciary and Rules Committee AND WELFARE TO CONDUCT TOWN HALL MEETINGS for enrolling. THROUGHOUT THE STATE TO GATHER FEEDBACK ON HOW TO RETAIN AND RECRUIT VOLUNTEER March 9, 2012 EMERGENCY MEDICAL SERVICES PROVIDERS. Dear Mr. President: Be It Resolved by the Legislature of the State of Idaho: I return herewith Enrolled S 1333 , which has been signed by the Speaker. WHEREAS, Idaho is predominantly a rural state that relies heavily on volunteers for the provision of emergency medical ALEXANDER, Chief Clerk services; and 184 SENATE JOURNAL March 12, 2012]

Enrolled S 1333 was referred to the Judiciary and Rules On motion by Senator Mortimer, seconded by Senator Werk, Committee for transmittal to the Office of the Governor. HCR 39 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. The President announced that SCR 130 was before the Senate for final consideration, the question being, "Shall the Reports of Standing Committees resolution be adopted?" On motion by Senator Bilyeu, seconded by March 9, 2012 Senator Malepeai, SCR 130 was adopted by voice vote, title was The STATE AFFAIRS Committee reports out H 490 and approved, and the resolution ordered transmitted to the House. S 1373 with the recommendation that they do pass. The President announced that HCR 48 was before the Senate MCKENZIE, Chairman for final consideration, the question being, "Shall the resolution be adopted?" H 490 and S 1373 were filed for second reading. On motion by Senator Malepeai, seconded by Senator Lodge was recorded present at this order of business. Senator Goedde, HCR 48 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. March 9, 2012 On request by Senator Davis, granted by unanimous consent, The STATE AFFAIRS Committee reports out S 1362 with the Senate returned to the Sixth Order of Business. the recommendation that it be referred to the Fourteenth Order of Business for amendment. Reports of Standing Committees MCKENZIE, Chairman March 12, 2012 There being no objection, S 1362 was referred to the The STATE AFFAIRS Committee reports out H 450 and Fourteenth Order of Business, General Calendar. S 1348 with the recommendation that they be referred to the Fourteenth Order of Business for amendment. March 12, 2012 MCKENZIE, Chairman The FINANCE Committee reports out H 636, H 638, and S 1384 with the recommendation that they do pass. There being no objection, H 450 and S 1348 were referred to the Fourteenth Order of Business, General Calendar. CAMERON, Chairman On request by Senator Davis, granted by unanimous consent, H 636, H 638, and S 1384 were filed for second reading. the Senate advanced to the Ninth Order of Business. March 12, 2012 Messages from the House The JUDICIARY AND RULES Committee reports that March 12, 2012 S 1371 has been correctly enrolled. Dear Mr. President: DARRINGTON, Chairman I return herewith Enrolled S 1371 , which has been signed The President signed Enrolled S 1371 and ordered it by the Speaker. transmitted to the House for the signature of the Speaker. ALEXANDER, Chief Clerk On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. Enrolled S 1371 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. Motions and Resolutions On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Senator Cameron was recorded present at this order of business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials At this time Senator Davis arose on a point of personal privilege to announce that a distinguished visitor had arrived, and the President appointed Senator Keough, Chairman and S 1386 Senators Rice, and Bilyeu to escort The Honorable James E. BY STATE AFFAIRS COMMITTEE Risch, into the Senate Chamber where he addressed the members AN ACT of the Senate. RELATING TO THE MILITARY DIVISION AND THE IDAHO The President thanked Senator Risch for his remarks and DIRECTORATE OF CIVIL AIR PATROL; AMENDING Senators Keough, Rice, and Bilyeu escorted him from the CHAPTER 71, TITLE 39, IDAHO CODE, BY THE ADDITION Chamber, and the Committee was discharged. OF A NEW SECTION 39-7114A, IDAHO CODE, TO ESTABLISH THE IDAHO DIRECTORATE OF CIVIL The President announced that HCR 39 was before the Senate AIR PATROL, TO PROVIDE FOR A MISSION OF THE for final consideration, the question being, "Shall the resolution DIRECTORATE AND TO PROVIDE FOR CERTAIN IN-KIND be adopted?" SERVICES. [March 12, 2012 SENATE JOURNAL 185

S 1387 The Senate advanced to the Thirteenth Order of Business. BY STATE AFFAIRS COMMITTEE AN ACT Third Reading of Bills RELATING TO ABORTION; AMENDING SECTION S 1336, as amended, was read the third time at length, section 18-609, IDAHO CODE, TO ESTABLISH PROVISIONS by section, and placed before the Senate for final consideration. RELATING TO CERTAIN MATERIALS MADE AVAILABLE Senator McKenzie arose as sponsor of the bill and opened the TO PHYSICIANS, HOSPITALS OR OTHER FACILITIES debate. The question being, "Shall the bill pass?" PROVIDING ABORTION AND ABORTION-RELATED SERVICES, TO ESTABLISH PROVISIONS RELATING TO Roll call resulted as follows: A LIST OF HEALTH CARE PROVIDERS, FACILITIES AND CLINICS THAT OFFER TO PERFORM CERTAIN AYES–Bilyeu, Bock, Broadsword, Cameron, Corder, ULTRASOUNDS, TO ESTABLISH PROVISIONS RELATING Darrington, Davis, Hammond, Heider, Hill, Johnson, Keough, TO A STATEMENT REGARDING CERTAIN ULTRASOUND LeFavour, Malepeai, McKague, McKenzie, Schmidt, Stennett, IMAGING AND HEART TONE MONITORING, TO Tippets, Toryanski, Vick, Werk, Winder. Total - 23. ESTABLISH PROVISIONS THAT PRIOR TO INFORMED CONSENT GIVEN BY THE PATIENT AND PRIOR TO NAYS–Bair, Fulcher, Goedde, Lodge, Mortimer, Nuxoll, THE ADMINISTRATION OF ANESTHESIA OR CERTAIN Pearce, Rice, Siddoway, Smyser. Total - 10. MEDICATIONS, THE PHYSICIAN WHO IS TO PERFORM Absent and excused–Andreason, Brackett. Total - 2. THE ABORTION OR A QUALIFIED TECHNICIAN SHALL PERFORM AN OBSTETRIC ULTRASOUND, TO REVISE Total - 35. PROVISIONS RELATING TO INFORMING THE PATIENT SHE HAS THE RIGHT TO VIEW CERTAIN ULTRASOUND Whereupon the President declared S 1336, as IMAGES, TO PROVIDE THAT THE PHYSICIAN WHO amended, passed, title was approved, and the bill ordered IS TO PERFORM THE ABORTION OR AN AGENT OF transmitted to the House. THE PHYSICIAN SHALL SIGN AND DATE A CERTAIN STATEMENT, TO PROVIDE LANGUAGE THAT READS On request by Senator Davis, granted by unanimous consent, SUBSTANTIALLY AS A CERTAIN STATEMENT SHOULD all Senate bills were placed at the head of the Third Reading READ, TO PROVIDE THAT THE PATIENT SHALL Calendar, followed by House bills. INITIAL, SIGN AND DATE THE STATEMENT, TO On request by Senator Davis, granted by unanimous consent, ESTABLISH PROVISIONS RELATING TO THE PRINT the Senate advanced to the Fourteenth Order of Business. OF THE STATEMENT, TO ESTABLISH PROVISIONS LIMITING MATERIAL INCLUDED IN THE STATEMENT, General Calendar TO PROVIDE FOR A COPY OF THE STATEMENT, TO PROVIDE FOR A SIGNATURE, TO PROVIDE A CORRECT The President declared the Senate resolved into the CODE REFERENCE AND TO MAKE A TECHNICAL Committee of the Whole and called Senator Winder to the Chair CORRECTION; AND PROVIDING SEVERABILITY. to preside during the sitting of the Committee of the Whole. S 1386 and S 1387 were introduced, read the first time at Following the adjournment of the Committee of the Whole, length, and referred to the Judiciary and Rules Committee for the President called the Senate to order. printing. Report of the Committee of the Whole H 637, H 641, H 642, H 643, and H 644 , by Appropriations Committee, were introduced, read the first time at length, and Senator Winder, Chairman of the Committee of the referred to the Finance Committee. Whole, reported out S 1357, S 1295, H 497, S 1339, H 457, S 1358, H 511, as amended, S 1362, and H 450 , without H 487 , by Health and Welfare Committee, was introduced, recommendation, amended as follows: read the first time at length, and referred to the Health and Welfare Committee. SENATE AMENDMENT TO S 1357 H 566, as amended, by Education Committee, was AMENDMENT TO THE BILL introduced, read the first time at length, and referred to the Local On page 1 of the printed bill, delete lines 7 through 28, and Government and Taxation Committee. insert: H 573, as amended, by Education Committee, was "SECTION 1. That Section 63-1014, Idaho Code, be, and the introduced, read the first time at length, and referred to the same is hereby amended to read as follows: Commerce and Human Resources Committee. H 607 , by State Affairs Committee, was introduced, read 63-1014. REMOVAL OR SALE OR the first time at length, and referred to the Commerce and Human REPOSSESSION OF PERSONAL PROPERTY BEFORE Resources Committee. PAYMENT OF PROPERTY TAXES ON PROPERTY ROLLS. (1) Whenever any person, firm or corporation owning The Senate advanced to the Twelfth Order of Business. any personal property shall desire to remove the personal property from the county or sell or repossess the property before Second Reading of Bills all property taxes due and payable including the current year's H 503 , by Health and Welfare Committee, was read the taxes have been paid upon the personal property, the property second time at length and filed for third reading. taxes shall be paid to the tax collector upon demand and before the removal of the property from the county. It shall be the duty H 558 , by Revenue and Taxation Committee, was read the of the tax collector to collect the property taxes provided for second time at length and filed for third reading. in this section, and all the provisions of this chapter are hereby 186 SENATE JOURNAL March 12, 2012] made available to the tax collector in the collection of such "(g)"; and in line 31, following "practice" insert: "massage taxes. therapy for compensation". (a) If a person holding a purchase money security interest desires to repossess and sell a specific piece of personal property and the market value of that personal property SENATE AMENDMENT TO H 497 exceeds twenty thousand dollars ($20,000), that person AMENDMENT TO SECTION 1 shall provide to the tax collector a request to segregate On page 2 of the printed bill, in line 15, delete "currently"; that specific piece of personal property from the personal and in line 20, following "performed" insert: ". For the purposes property tax parcel. The person holding the purchase money of this subsection, "validated" means the accumulation of test data security interest shall provide a copy of the purchase money within the laboratory to demonstrate that established methods and security interest agreement with the request for segregation. procedures perform as expected in the laboratory". (b) The county assessor shall determine and provide to the tax collector the market value for assessment purposes SENATE AMENDMENT TO S 1339 of that segregated portion of personal property. The tax AMENDMENT TO SECTION 1 collector shall calculate property tax to be paid for any On page 1 of the printed bill, in line 15, following "or" delinquencies, including late charges, accrued interest, costs insert: "physically"; in line 17, following "Disclosure," insert: incurred and the estimated taxes for the current year relating "physical"; in line 21, following "disclosure," insert: "physical"; to that segregated portion of personal property. in line 22, following "or" insert: "physical"; in line 32, following (c) The person holding the purchase money security "or" insert: "physically"; and on page 2, following line 14, insert: interest shall pay all personal property taxes owed, including "(6) "Physical retention" and "physical possession" means late charges, accrued interest and costs incurred on the to keep, save, hold or preserve beyond mere mental memorization specific segregated personal property to the tax collector or knowledge, but shall include, and not be limited to, electronic before taking possession of the personal property or selling means of preservation.". the property. (d) The segregation of specific personal property from the personal property tax parcel shall not affect the priority of AMENDMENT TO SECTION 2 the tax lien on the remaining personal property items in the On page 2, in line 17, delete "Trade secret misappropriation, parcel. once proven,"; delete line 18; in line 19, delete "the (2) It shall be a misdemeanor for any person, firm or misappropriation."; and delete lines 37 through 42, and insert: corporation to move from the county or sell or repossess any "(4) Any party named in litigation under this chapter personal property or manufactured home without the payment who acts with knowledge of the misappropriation of a trade of the current year's property taxes or without paying property secret, or with deliberate or reckless disregard of the facts of taxes due and owing, and upon conviction the person, firm or a misappropriation, shall be jointly and severally liable for all corporation shall, in addition to any penalty which the court may damages established under this section where the parties were impose, pay to the tax collector a sum not in excess of double acting in concert. As used in this section, "acting in concert" the amount of property tax which was collectible on the property means pursuing a common plan or design that results in a removed or sold or repossessed, together with all costs and late violation of this act.". charges provided for in this chapter. The excess sum shall be collected by the tax collector in the same manner as the original CORRECTION TO TITLE property tax.". On page 1, in line 3, following "DEFINITIONS" insert: "AND TO DEFINE A TERM". CORRECTION TO TITLE On page 1, delete lines 2 through 5, and insert: SENATE AMENDMENT TO H 457 "RELATING TO PROPERTY TAXES; AMENDING AMENDMENT TO SECTION 1 SECTION 63-1014, IDAHO CODE, TO PROVIDE A On page 2 of the printed bill, in line 6, delete "a" and insert: PROCEDURE RELATING TO THE SEGREGATION "his or her". OF CERTAIN PERSONAL PROPERTY FOR PERSONS HOLDING PURCHASE MONEY SENATE AMENDMENT TO S 1358 SECURITY INTERESTS IN THE PROPERTY AMENDMENT TO THE BILL WHO DESIRE TO REPOSSESS AND SELL THE On page 1 of the printed bill, delete lines 12 through 42; and PROPERTY, TO PROVIDE PROCEDURES FOR delete pages 2, 3, 4, 5 and 6 and insert: COUNTY ASSESSORS AND TAX COLLECTORS, "SECTION 1. That Section 18-917A, Idaho Code, be, and TO PROVIDE FOR THE PAYMENT OF PERSONAL the same is hereby amended to read as follows: PROPERTY TAXES OWED AND TO PROVIDE THAT SEGREGATION OF SPECIFIC PERSONAL 18-917A. STUDENT HARASSMENT – PROPERTY SHALL NOT AFFECT THE PRIORITY INTIMIDATION – BULLYING. (1) No student and no minor OF THE TAX LIEN ON THE REMAINING present on school property, in a school vehicle or at school PERSONAL PROPERTY ITEMS IN THE PARCEL.". activities, regardless of location, shall intentionally commit, or conspire to commit, an act of harassment, intimidation, or SENATE AMENDMENT TO S 1295 bullying or cyberbullying against another a student. AMENDMENT TO SECTION 1 (2) As used in this section, "harassment, intimidation On page 2 of the printed bill, delete lines 34 through 39; and or bullying" means any intentional gesture, or any intentional in line 40, delete "(f)" and insert: "(d)". written, verbal or physical act or threat by a student that: On page 3, in line 1, delete "(g)" and insert: "(e)"; in line 4, (a) A reasonable person under the circumstances should delete "(h)" and insert: "(f)"; in line 12, delete "(i)" and insert: know will have the effect of: (i) Harming a student; or [March 12, 2012 SENATE JOURNAL 187

(ii) Damaging a student's property; or (f) The instructional time requirement for grade 12 (iii) Placing a student in reasonable fear of harm to his students may be reduced by action of a local school board or her person; or for an amount of time not to exceed eleven (11) hours of (iv) Placing a student in reasonable fear of damage to instructional time. his or her property; or and (g) The state superintendent of public instruction may (b) Is sufficiently severe, persistent or pervasive that it grant an exemption from the provisions of this section for creates an intimidating, threatening or abusive educational an individual building within a district, when the closure of environment for a student. that building, for unforeseen circumstances, does not affect An act of harassment, intimidation or bullying may also be the attendance of other buildings within the district. committed through the use of a land line, car phone or wireless (2) To adopt and carry on, and provide for the financing telephone or through the use of data or computer software that of, a total educational program for the district. Such programs is accessed through a computer, computer system, or computer in other than elementary school districts may include education network. programs for out-of-school youth and adults; and such districts (3) "Cyberbullying" is an act of harassment, intimidation may provide classes in kindergarten; or bullying committed through the use of a landline, car phone (3) To provide, or require pupils to be provided with, or wireless telephone, or through the use of data or computer suitable textbooks and supplies, and for advice on textbook software that is accessed through a computer system or computer selections may appoint a textbook curricular materials adoption network, which is sufficiently severe, persistent or pervasive that committee as provided in section 33-512A, Idaho Code; it creates an intimidating, threatening or abusive educational (4) To protect the morals and health of the pupils; environment for a student. (5) To exclude from school, children not of school age; (4) A student who personally violates violation of any (6) To prescribe rules for the disciplining of unruly or provision of this section may shall be guilty of an infraction. insubordinate pupils, including rules on student harassment, intimidation, and bullying and cyberbullying as defined in SECTION 2. That Section 33-512, Idaho Code, be, and the section 18-917A, Idaho Code, such rules to be included in a same is hereby amended to read as follows: district discipline code adopted by the board of trustees and a summarized version thereof to be provided in writing at the 33-512. GOVERNANCE OF SCHOOLS. The board beginning of each school year through means including, but of trustees of each school district shall have the following powers not limited to, student handbooks, district or school websites, and duties: and existing communications to the teachers school personnel, (1) To fix the days of the year and the hours of theday parents and students in the district in a manner consistent with when schools shall be in session. However: the student's age, grade and level of academic achievement; . (a) Each school district shall annually adopt and implement (a) The district's policy against harassment, intimidation, a school calendar which provides its students at each grade bullying and cyberbullying shall include a provision level with the following minimum number of instructional affirming that school personnel shall intervene or facilitate hours: intervention on behalf of students facing harassment, Grades Hours intimidation, bullying or cyberbullying in the school setting or when such act negatively impacts the student's educational 9-12 990 environment, shall specifically designate persons to whom 4-8 900 reports are to be made and shall include the procedure for 1-3 810 school personnel, students, parents/legal guardians or other personnel to report harassment, intimidation, bullying or K 450 cyberbullying events or information. (b) School assemblies, testing and other instructionally (b) The board, through the school's administration, related activities involving students directly may be included shall provide annual professional development on the issue in the required instructional hours. of harassment, intimidation, bullying and cyberbullying (c) When approved by a local school board, annual consistent with section 33-1208B, Idaho Code. Training instructional hour requirements stated in paragraph (a) may shall also be provided to noncertificated personnel consistent be reduced as follows: with employee levels of student interaction. (i) Up to a total of twenty-two (22) hours to (c) The board's discipline policies relating to harassment, accommodate staff development activities conducted on intimidation, bullying and cyberbullying shall include a such days as the local school board deems appropriate. series of graduated consequences including, but not limited (ii) Up to a total of eleven (11) hours of emergency to, parental notification, providing parents with a referral of school closures due to adverse weather conditions and the student to group or individual counseling, suspension facility failures. and expulsion of the student and the possibility of reporting However, transportation to and from school, passing times of criminal activity to local law enforcement authorities. between classes, recess and lunch periods shall not be (7) To exclude from school, pupils with contagious or included. infectious diseases who are diagnosed or suspected as having a (d) Student and staff activities related to the opening contagious or infectious disease or those who are not immune and closing of the school year, grade reporting, program and have been exposed to a contagious or infectious disease; and planning, staff meetings, and other classroom and building to close school on order of the state board of health and welfare management activities shall not be counted as instructional or local health authorities; time or in the reductions provided in paragraph (c)(i) of this (8) To equip and maintain a suitable library or libraries section. in the school or schools and to exclude therefrom, and from the (e) For multiple shift programs, this rule applies to each schools, all books, tracts, papers, and catechisms of sectarian shift (i.e., each student must have access to the minimum nature; annual required hours of instructions). 188 SENATE JOURNAL March 12, 2012]

(9) To determine school holidays. Any listing of school obtained a criminal history check within the previous five (5) holidays shall include not less than the following: New Year's years. If the district next employing the substitute still elects to Day, Memorial Day, Independence Day, Thanksgiving Day, and require another criminal history check within the five (5) year Christmas Day. Other days listed in section 73-108, Idaho Code, period, that district shall pay the cost of the criminal history if the same shall fall on a school day, shall be observed with check or reimburse the substitute teacher for such cost. To remain appropriate ceremonies; and any days the state board of education on the statewide substitute teacher list maintained by the state may designate, following the proclamation by the governor, shall department of education, the substitute teacher shall undergo a be school holidays; criminal history check every five (5) years. ; (10) To erect and maintain on each schoolhouse or school (16) To maintain a safe environment for students by grounds a suitable flagstaff or flagpole, and display thereon the developing a system that cross-checks all contractors or other flag of the United States of America on all days, except during persons who have irregular contact with students against the inclement weather, when the school is in session; and for each statewide sex offender register. ; Veterans Day, each school in session shall conduct and observe an (17) To provide support for teachers in their first two appropriate program of at least one (1) class period remembering (2) years in the profession in the areas of: administrative and and honoring American veterans; supervisory support, mentoring, peer assistance and professional (11) To prohibit entrance to each schoolhouse or school development. grounds, to prohibit loitering in schoolhouses or on school grounds and to provide for the removal from each schoolhouse SECTION 3. That Chapter 12, Title 33, Idaho Code, be, and or school grounds of any individual or individuals who disrupt the same is hereby amended by the addition thereto of a NEW the educational processes or whose presence is detrimental to SECTION, to be known and designated as Section 33-1208B, the morals, health, safety, academic learning or discipline of the Idaho Code, and to read as follows: pupils. A person who disrupts the educational process or whose presence is detrimental to the morals, health, safety, academic 33-1208B. CERTIFICATED PERSONNEL learning or discipline of the pupils or who loiters in schoolhouses OBLIGATIONS FOR HARASSMENT, INTIMIDATION, or on school grounds, is guilty of a misdemeanor. ; BULLYING AND CYBERBULLYING INFORMATION AND (12) To supervise and regulate, including by contract with PROFESSIONAL DEVELOPMENT. For the purposes of this established entities, those extracurricular activities which are by section the terms "harassment, intimidation or bullying" and definition outside of or in addition to the regular academic courses "cyberbullying" are as defined in section 18-917A, Idaho Code. or curriculum of a public school, and which extracurricular (1) In addition to board requirements to distribute activities shall not be considered to be a property, liberty or information to students, reasonable efforts shall be made contract right of any student, and such extracurricular activities annually to distribute to parents and school staff the harassment, shall not be deemed a necessary element of a public school intimidation, bullying and cyberbullying policies and procedures education, but shall be considered to be a privilege. ; enacted by school district or charter school boards pursuant to (13) To govern the school district in compliance with state section 33-512(6), Idaho Code. law and rules of the state board of education. ; (2) School personnel shall intervene or facilitate (14) To submit to the superintendent of public instruction intervention on behalf of students facing harassment, not later than July 1 of each year documentation which meets the intimidation, bullying or cyberbullying in the school setting reporting requirements of the federal gun-free schools act of 1994 or when such acts negatively impact upon the student's as contained within the federal improving America's schools act educational environment. School principals or heads of schools, of 1994. ; in coordination with other certificated personnel, shall annually (15) To require that all certificated and noncertificated review the school's policies and procedures on harassment, employees hired on or after July 1, 2008, and other individuals intimidation, bullying and cyberbullying and are responsible for who are required by the provisions of section 33-130, Idaho Code, the effective implementation of the policy. to undergo a criminal history check shall submit a completed (3) Certificated school personnel shall have completed ten (10) finger fingerprint card or scan to the department of a district-provided, evidence-based professional development education no later than five (5) days following the first day training to build skills to prevent, identify and respond to of employment or unsupervised contact with students in a harassment, intimidation, bullying and cyberbullying or may K-12 setting, whichever is sooner. Such employees and other show proof of completion of approved anti-bullying professional individuals shall pay the cost of the criminal history check. If development training that meets the requirements of the local the criminal history check shows that the employee has been district. convicted of a felony crime enumerated in section 33-1208, (4) Certificated school personnel shall report all cases Idaho Code, it shall be grounds for immediate termination, that meet the definition of harassment, intimidation, bullying dismissal or other personnel action of the district, except that it and cyberbullying to the school's administrative personnel to shall be the right of the school district to evaluate whether an facilitate annual reporting requirements as well as to facilitate individual convicted of one (1) of these crimes and having been intervention on behalf of the student. The certificated employee's incarcerated for that crime shall be hired. Provided however, that reporting shall include a statement of the action taken by the any individual convicted of any felony offense listed in section certificated employee to intervene or facilitate intervention on 33-1208 2., Idaho Code, shall not be hired. For the purposes of behalf of the student. The school's superintendent or head of criminal history checks, a substitute teacher is any individual schools for a charter school shall annually report incidents of who temporarily replaces a certificated classroom educator and harassment, intimidation, bullying and cyberbullying to the state is paid a substitute teacher wage for one (1) day or more during department of education. a school year. A substitute teacher who has undergone a criminal (5) Nothing contained herein shall require schools to staff history check at the request of one (1) district in which he has any nonschool related activities, functions or programs. been employed as a substitute shall not be required to undergo (6) Sources for model anti-bullying policies, professional an additional criminal history check at the request of any other development and skill training and guidelines for annual reporting district in which he is employed as a substitute if the teacher has [March 12, 2012 SENATE JOURNAL 189 of material incidents to the state department of education shall be H 497, as amended in the Senate, H 457, as amended in the set forth in rules promulgated by the state board of education. Senate, H 511, as amended, as amended in the Senate, and H 450, (7) The provisions of this section shall not apply to home as amended in the Senate, were filed for first reading as amended, school settings. and the amendments thereto were referred to the Judiciary and (8) Nothing in this section shall supersede or replace Rules Committee for printing. existing rights or remedies under any other general or special law, nor shall this section create a private right of action.". Moved by Senator Malepeai, seconded by Bock that the Senate adjourn, pursuant to Senate Rule 28(C). The question CORRECTION TO TITLE being, "Shall the motion prevail?" On page 1, delete lines 2 through 10, and insert: "RELATING TO BULLYING; AMENDING SECTION The Chair being in doubt, the Secretary called the roll. 18-917A, IDAHO CODE, TO PROVIDE APPLICATION OF THE SECTION TO ADDITIONAL Roll call resulted as follows: BEHAVIOR, TO DEFINE A TERM, TO REVISE AYES–Bilyeu, Bock, Broadsword, Cameron, Corder, WHAT ACTION SHALL BE AN INFRACTION AND Keough, LeFavour, Malepeai, Schmidt, Stennett, Werk. TO REPLACE DISCRETIONARY LANGUAGE WITH Total - 11. MANDATORY LANGUAGE; AMENDING SECTION 33-512, IDAHO CODE, TO PROVIDE ADDITIONAL NAYS–Bair, Darrington, Davis, Fulcher, Goedde, DUTIES REGARDING GOVERNANCE OF SCHOOLS Hammond, Heider, Hill, Johnson, Lodge, McKague, McKenzie, AND TO MAKE TECHNICAL CORRECTIONS; Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, AND AMENDING CHAPTER 12, TITLE 33, Toryanski, Vick, Winder. Total - 22. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1208B, IDAHO CODE, TO PROVIDE Absent and excused–Andreason, Brackett. Total - 2. CERTIFICATED PERSONNEL OBLIGATIONS FOR HARASSMENT, INTIMIDATION, BULLYING Total - 35. AND CYBERBULLYING INFORMATION AND PROFESSIONAL DEVELOPMENT AND TO Whereupon the President declared that the motion had failed. PROVIDE EXCEPTIONS.". Moved by Senator Pearce, seconded by Senator Siddoway, that H 464 be returned to the Thirteenth Order of Business, Third SENATE AMENDMENT TO H 511, As Amended Reading of Bills. The question being, "Shall the motion prevail?" AMENDMENT TO SECTION 1 On page 2 of the engrossed bill, in line 11, following "Code" Roll call vote was requested by Senator Bock. Senators insert: ", or any structure the primary purpose of which is to Bilyeu, Keough, LeFavour, Schmidt and Stennett stood in support telecommunications equipment". support of the roll call request. SENATE AMENDMENT TO S 1362 Roll call resulted as follows: AMENDMENT TO SECTION 1 On page 1 of the printed bill, delete lines 12 through 15. AYES–Bair, Fulcher, Goedde, Hammond, Heider, Hill, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, AMENDMENT TO SECTION 2 Siddoway, Smyser, Tippets, Vick, Winder. Total - 18. On page 2, in line 4, following "scope of" delete "the" and insert: "an"; and in line 17, delete "may" and insert "will". NAYS–Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, Davis, Johnson, Keough, LeFavour, Malepeai, SENATE AMENDMENT TO H 450 Schmidt, Stennett, Toryanski, Werk. Total - 15. AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 25, delete "Moneys Absent and excused–Andreason, Brackett. Total - 2. in the fund may be ex-"; in line 26, delete "pended pursuant to Total - 35. legislative appropriation" and insert: "Expenditures of moneys in the fund shall be subject to legislative appropriation"; and in line Whereupon the President declared that the motion had 30, delete "the current" and insert: "that". prevailed and H 464 was returned to the Thirteenth Order of Business, Third Reading of Bills. The Committee also has H 426 and H 464 under consideration, reports progress, and begs leave to sit again. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. WINDER, Chairman Miscellaneous Business On motion by Senator Winder, seconded by Senator Stennett, On motion by Senator Davis, seconded by Senator Malepeai, the report was adopted by voice vote. by voice vote, the Senate adjourned at 12:40 p.m. until the hour of 9 a.m., Tuesday, March 13, 2012. S 1357, as amended, S 1295, as amended, S 1339, as BRAD LITTLE, President amended, S 1358, as amended, and S 1362, as amended, were referred to the Judiciary and Rules Committee for engrossing Attest: JENNIFER NOVAK, Secretary and the amendments thereto were referred to the Judiciary and Rules Committee for printing. 190 SENATE JOURNAL March 13, 2012]

SENATE JOURNAL and our nation, when, within a remarkable nine-month period during the Civil War, he signed into law the Pacific Railway Act, OF THE issued the Emancipation Proclamation, and established the Idaho Territory, all three acts having a vital impact on the development of Idaho and the nation; and IDAHO LEGISLATURE WHEREAS, the territorial period in Idaho lasted for 27 years, until July 3, 1890, during which time the geographical SECOND REGULAR SESSION boundaries and the political and economic foundations for the SIXTY-FIRST LEGISLATURE future State of Idaho were established; and WHEREAS, the territorial period witnessed some of Idaho's most significant historical events that still impact the livesof Idahoans today, including the establishment of Boise as the capital city, the creation of public school districts, and the SIXTY-FIFTH LEGISLATIVE DAY adoption of the state constitution; and TUESDAY, MARCH 13, 2012 WHEREAS, it is proper at the time of the 150th anniversary of the creation of the territory that Idahoans appreciate the territorial roots of contemporary Idaho and create lasting legacies Senate Chamber for the future; and WHEREAS, Idahoans today are proud of their storied President Pro Tempore Hill called the Senate to order at history and demonstrate their continued spirit and perseverance 9 a.m. in creating Idaho's future. NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Session of the Sixty-first Idaho Legislature, Roll call showed all members present except Senator the Senate and the House of Representatives concurring therein, Andreason, absent and formally excused by the Chair; and that we encourage Idahoans to use the year of March 4, 2012, to Senators Brackett, Darrington, and Nuxoll, absent and excused. March 3, 2013, to be a year of preparation for the Idaho Territorial Sesquicentennial and to plan commemoration activities that will Prayer was offered by Senator Dan Johnson. foster a more meaningful exploration of our territorial roots and The Pledge of Allegiance was led by Marc Christensen, Page. create permanent legacies of Idaho's Territorial Sesquicentennial. The Senate advanced to the Third Order of Business. SCR 132 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. Reading and Correction of the Journal The Senate advanced to the Sixth Order of Business. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 12, 2012, was read Reports of Standing Committees and approved as corrected. March 13, 2012 DARRINGTON, Chairman The JUDICIARY AND RULES Committee reports that There being no objection, the report was adopted and ordered S 1386, S 1387, and SCR 131 have been correctly printed. filed in the office of the Secretary of the Senate. DARRINGTON, Chairman On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. S 1386 and S 1387 were referred to the State Affairs Committee. Petitions, Resolutions, and Memorials SCR 131 was referred to the Tenth Order of Business, SCR 132 Motions and Resolutions, and ordered held at the Secretary's BY STATE AFFAIRS COMMITTEE desk for one legislative day. A CONCURRENT RESOLUTION March 12, 2012 STATING FINDINGS OF THE LEGISLATURE AND ENCOURAGING ALL IDAHOANS TO USE THE YEAR The JUDICIARY AND RULES Committee reports that OF MARCH 4, 2012, TO MARCH 3, 2013, TO BE A YEAR Senate amendments to S 1357, S 1295, S 1339, S 1358, S 1362, OF PREPARATION FOR THE IDAHO TERRITORIAL H 497, H 457, H 511, as amended, and H 450 have been SESQUICENTENNIAL AND TO PLAN COMMEMORATION correctly printed. ACTIVITIES THAT WILL FOSTER A MORE MEANINGFUL EXPLORATION OF OUR TERRITORIAL ROOTS DARRINGTON, Chairman AND CREATE PERMANENT LEGACIES OF IDAHO'S The report was ordered filed in the office of the Secretary of TERRITORIAL SESQUICENTENNIAL. the Senate. Be It Resolved by the Legislature of the State of Idaho: March 12, 2012 WHEREAS, President Abraham Lincoln signed the act The JUDICIARY AND RULES Committee reports that creating Idaho Territory on March 4, 1863; and S 1357, as amended, S 1295, as amended, S 1339, as amended, WHEREAS, March 4, 2013, marks the 150th anniversary of S 1358, as amended, and S 1362, as amended, have been the creation of Idaho Territory; and correctly engrossed. WHEREAS, President Lincoln's establishment of Idaho Territory came at a time of tremendous transformation for Idaho DARRINGTON, Chairman [March 13, 2012 SENATE JOURNAL 191

S 1357, as amended, S 1295, as amended, S 1339, as H 386, as amended, and H 588 were filed for second reading. amended, S 1358, as amended, and S 1362, as amended, were filed for first reading. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. March 12, 2012 Messages from the Governor The JUDICIARY AND RULES Committee reports that Enrolled S 1333 and S 1371 were delivered to the Office of the March 12, 2012 Governor at 11:02 a.m., March 12, 2012. The Honorable Brad Little DARRINGTON, Chairman President of the Senate Idaho Legislature The report was ordered filed in the office of the Secretary of the Senate. Dear Mr. President: March 12, 2012 I have the honor to inform you that Julie D. DeLorenzo of Boise, Idaho, was appointed as a member of the Idaho The FINANCE Committee reports out H 637, H 641, H 642, Transportation Board to serve a term commencing March 12, H 643, and H 644 with the recommendation that they do pass. 2012, and expiring January 30, 2015. CAMERON, Chairman This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. H 637, H 641, H 642, H 643, and H 644 were filed for second reading. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter March 12, 2012 Governor The JUDICIARY AND RULES Committee reports out The correspondence was ordered filed in the office ofthe H 448, H 532, and H 595 with the recommendation that they Secretary of the Senate. do pass. The Gubernatorial appointment was referred to the DARRINGTON, Chairman Transportation Committee. H 448, H 532, and H 595 were filed for second reading. Senator Brackett was recorded present at this order of March 12, 2012 business. The JUDICIARY AND RULES Committee reports out The Senate advanced to the Ninth Order of Business. S 1380 with the recommendation that it be referred to the Messages from the House Fourteenth Order of Business for amendment. March 12, 2012 DARRINGTON, Chairman Dear Mr. President: There being no objection, S 1380 was referred to the Fourteenth Order of Business, General Calendar. I transmit herewith H 632, HCR 45, H 603, H 626, and H 633 , which have passed the House. March 12, 2012 ALEXANDER, Chief Clerk The HEALTH AND WELFARE Committee reports out H 522, as amended, with the recommendation that it do pass. H 632, HCR 45, H 603, H 626, and H 633 were filed for first reading. LODGE, Chairman March 12, 2012 H 522, as amended, was filed for second reading. Dear Mr. President: March 12, 2012 I transmit herewith Enrolled HCR 37, H 379, H 460, H 462, The RESOURCES AND ENVIRONMENT Committee H 463, H 526, H 600, H 601, and H 602 for the signature of the reports it has had under consideration the Gubernatorial President. appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: ALEXANDER, Chief Clerk Chris Korell to the Outfitters and Guides Licensing Board, The President Pro Tempore signed Enrolled HCR 37, H 379, term to expire April 20, 2014. H 460, H 462, H 463, H 526, H 600, H 601, and H 602 and ordered them returned to the House. PEARCE, Chairman March 12, 2012 The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held Dear Mr. President: at the Secretary's desk for one legislative day. I return herewith S 1232, S 1253, S 1265, and S 1266 , which March 13, 2012 have passed the House. The EDUCATION Committee reports out H 386, as ALEXANDER, Chief Clerk amended, and H 588 with the recommendation that they do pass. S 1232, S 1253, S 1265, and S 1266 were referred to the GOEDDE, Chairman Judiciary and Rules Committee for enrolling. 192 SENATE JOURNAL March 13, 2012]

On request by Senator Davis, granted by unanimous consent, CERTIFICATE OF INSURANCE SHALL NOT CONTAIN the Senate advanced to the Eleventh Order of Business. CERTAIN REFERENCES, TO PROVIDE FOR NOTICE, TO PROVIDE THAT ANY CERTIFICATE OF INSURANCE Introduction, First Reading, and Reference of Bills, OR OTHER DOCUMENT PREPARED, ISSUED OR House Petitions, Resolutions, and Memorials REQUESTED IN VIOLATION OF THIS SECTION SHALL BE NULL AND VOID AND OF NO FORCE AND EFFECT, S 1388 TO PROVIDE FOR A PENALTY, TO PROVIDE THAT THE BY FINANCE COMMITTEE DIRECTOR SHALL HAVE THE POWER TO EXAMINE AN ACT AND INVESTIGATE CERTAIN ACTIVITIES AND IMPOSE APPROPRIATING ADDITIONAL MONEYS TO THE PENALTIES OR REMEDIES AND TO PROVIDE FOR COMMISSION FOR THE BLIND AND VISUALLY RULES; AMENDING SECTION 41-1823, IDAHO CODE, TO IMPAIRED FOR FISCAL YEAR 2012; APPROPRIATING REVISE PROVISIONS RELATING TO BINDERS OR OTHER MONEYS TO THE COMMISSION FOR THE BLIND CONTRACTS FOR TEMPORARY INSURANCE AND TO AND VISUALLY IMPAIRED FOR FISCAL YEAR 2013; MAKE A TECHNICAL CORRECTION; AND PROVIDING LIMITING THE NUMBER OF AUTHORIZED FULL-TIME SEVERABILITY. EQUIVALENT POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION AND BENEFITS; AND S 1391 DECLARING AN EMERGENCY. BY FINANCE COMMITTEE AN ACT S 1389 APPROPRIATING MONEYS TO THE STATE LIQUOR BY FINANCE COMMITTEE DIVISION FOR FISCAL YEAR 2013; LIMITING THE AN ACT NUMBER OF FULL-TIME EQUIVALENT POSITIONS; APPROPRIATING ADDITIONAL MONEYS TO THE AND PROVIDING GUIDANCE FOR EMPLOYEE DEPARTMENT OF WATER RESOURCES FOR FISCAL COMPENSATION AND BENEFITS. YEAR 2012; APPROPRIATING MONEYS TO THE DEPARTMENT OF WATER RESOURCES FOR FISCAL S 1392 YEAR 2013; LIMITING THE NUMBER OF AUTHORIZED BY FINANCE COMMITTEE FULL-TIME EQUIVALENT POSITIONS; PROVIDING AN ACT GUIDANCE FOR EMPLOYEE COMPENSATION AND APPROPRIATING MONEYS TO THE DEPARTMENT BENEFITS; APPROPRIATING AND TRANSFERRING OF SELF-GOVERNING AGENCIES FOR REGULATORY MONEYS; PROVIDING LEGISLATIVE INTENT WITH BOARDS FOR FISCAL YEAR 2013; LIMITING THE REGARD TO CERTAIN WATER RIGHT FILING FEES; AND NUMBER OF FULL-TIME EQUIVALENT POSITIONS; DECLARING AN EMERGENCY. AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION AND BENEFITS. S 1390 BY JUDICIARY AND RULES COMMITTEE S 1388, S 1389, S 1390, S 1391, and S 1392 were introduced, AN ACT read the first time at length, and referred to the Judiciary and RELATING TO CERTIFICATES OF INSURANCE; Rules Committee for printing. AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1850, IDAHO H 497, as amended in the Senate, by Judiciary, Rules, and CODE, TO PROVIDE DEFINITIONS, TO PROVIDE THAT Administration Committee, was read the first time at length and NO PERSON MAY PREPARE, ISSUE OR KNOWINGLY filed for second reading. REQUEST THE ISSUANCE OF A CERTIFICATE OF H 457, as amended in the Senate, by Resources and INSURANCE UNLESS THE FORM HAS BEEN FILED Conservation Committee, was read the first time at length and WITH THE DIRECTOR, TO PROVIDE THAT NO filed for second reading. PERSON MAY ALTER OR MODIFY A CERTIFICATE OF INSURANCE UNLESS THE ALTERATION OR H 511, as amended, as amended in the Senate, by MODIFICATION HAS BEEN FILED WITH THE DIRECTOR, Transportation and Defense Committee, was read the first time TO ESTABLISH PROVISIONS RELATING TO THE at length and filed for second reading. DIRECTOR DISAPPROVING THE USE OF A FORM OR WITHDRAWING APPROVAL OF A FORM, TO H 450, as amended in the Senate, by Judiciary, Rules, and PROVIDE THAT EACH CERTIFICATE OF INSURANCE Administration Committee, was read the first time at length and MUST CONTAIN A STATEMENT, TO ESTABLISH filed for second reading. THAT PROVISIONS RELATING TO CERTAIN FORMS PROMULGATED AND FILED WITH THE DIRECTOR President Little assumed the Chair. ARE NOT REQUIRED TO BE REFILED BY INDIVIDUAL S 1357, as amended, by Judiciary and Rules Committee, was INSURERS, TO ESTABLISH PROVISIONS RELATING TO read the first time at length and filed for second reading. FALSE OR MISLEADING INFORMATION, TO ESTABLISH PROVISIONS RELATING TO CERTAIN DOCUMENTS S 1295, as amended, by Health and Welfare Committee, was THAT PURPORT TO AFFIRMATIVELY OR NEGATIVELY read the first time at length and filed for second reading. ALTER, AMEND OR EXTEND CERTAIN COVERAGE, TO ESTABLISH PROVISIONS RELATING TO APPLICATION S 1339, as amended, and S 1358, as amended, by Judiciary OF LAW, TO PROVIDE THAT A CERTIFICATE OF and Rules Committee, were read the first time at length and filed INSURANCE IS NOT A POLICY OF INSURANCE, TO for second reading. PROVIDE THAT A CERTIFICATE OF INSURANCE SHALL NOT CONFER CERTAIN RIGHTS, TO PROVIDE THAT A S 1362, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. [March 13, 2012 SENATE JOURNAL 193

H 632 , by Ways and Means Committee, was introduced, S 1360 was read the third time at length, section by section, read the first time at length, and referred to the Health and Welfare and placed before the Senate for final consideration. Senator Committee. Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" HCR 45 , by Education Committee, was introduced, read at length, and referred to the Commerce and Human Resources Pursuant to Senate Rule 39(H), Senator Winder disclosed a Committee. possible conflict of interest under applicable law. H 603, H 626, and H 633 , by Education Committee, were Roll call resulted as follows: introduced, read the first time at length, and referred to the Education Committee. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, The Senate advanced to the Twelfth Order of Business. Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Second Reading of Bills Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. NAYS–None. H 490 , by State Affairs Committee, was read the second time at length and filed for third reading. Absent and excused–Andreason, Corder, LeFavour. Total - 3. S 1373 , by State Affairs Committee, was read the second Total - 35. time at length and filed for third reading. Whereupon the President declared S 1360 passed, title was H 636 and H 638 , by Appropriations Committee, were read approved, and the bill ordered transmitted to the House. the second time at length and filed for third reading. On request by Senator Brackett, granted by unanimous S 1384 , by Finance Committee, was read the second time at consent, S 1282 was referred to the Fourteenth Order of Business, length and filed for third reading. General Calendar. On request by Senator Davis, granted by unanimous consent, Senator LeFavour was recorded present at this order of the Senate returned to the Tenth Order of Business. business. Motions and Resolutions S 1376 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. Senators Darrington and Nuxoll were recorded present at this The question being, "Shall the bill pass?" order of business. Roll call resulted as follows: At this time Senator Davis arose on a point of personal privilege to announce that a distinguished visitor had arrived, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, and the President appointed Senator McKenzie, Chairman and Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Senators Fulcher, and LeFavour to escort The Honorable Raul Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Labrador, United States Congressman, into the Senate Chamber McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, where he addressed the members of the Senate. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. The President thanked Congressman Labrador for his remarks and Senators McKenzie, Fulcher, and LeFavour escorted NAYS–None. him from the Chamber, and the Committee was discharged. Absent and excused–Andreason, Corder. Total - 2. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Total - 35. Third Reading of Bills Whereupon the President declared S 1376 passed, title was approved, and the bill ordered transmitted to the House.

On motion by Senator Davis, seconded by Senator Malepeai, Senator Corder was recorded present at this order of by voice vote, the Senate recessed at 12:30 p.m. until the hour of business. 4:30 p.m. of this day. S 1377 was read the third time at length, section by section, RECESS and placed before the Senate for final consideration. Senator AFTERNOON SESSION Broadsword arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The Senate reconvened at 4:30 p.m., pursuant to recess, President Little presiding Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Roll call showed all members present except Senator Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Andreason, absent and formally excused by the Chair; and McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Senators Corder and LeFavour, absent and excused. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Prior to recess the Senate was at the Thirteenth Order of Business, Third Reading of Bills. NAYS–None. 194 SENATE JOURNAL March 13, 2012]

Absent and excused–Andreason. Total - 1. S 1381 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Bilyeu arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1377 passed, title was question being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1330 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Toryanski arose as sponsor of the bill and opened the debate. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, The question being, "Shall the bill pass?" Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Pearce, Rice, Schmidt, Siddoway, Smyser, Roll call resulted as follows: Stennett, Tippets, Toryanski, Werk, Winder. Total - 32. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, NAYS–Nuxoll, Vick. Total - 2. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Absent and excused–Andreason. Total - 1. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Total - 34. Whereupon the President declared S 1381 passed, title was NAYS–None. approved, and the bill ordered transmitted to the House. Absent and excused–Andreason. Total - 1. S 1382 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair Total - 35. arose as sponsor of the bill and opened the debate. The question Whereupon the President declared S 1330 passed, title was being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1366 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, McKenzie arose as sponsor of the bill and opened the debate. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, The question being, "Shall the bill pass?" Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Roll call resulted as follows: Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, NAYS–None. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Absent and excused–Andreason. Total - 1. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Total - 35. NAYS–None. Whereupon the President declared S 1382 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused–Andreason. Total - 1. S 1369 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator Whereupon the President declared S 1366 passed, title was Tippets arose as sponsor of the bill and opened the debate. The approved, and the bill ordered transmitted to the House. question being, "Shall the bill pass?" S 1370 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, The question being, "Shall the bill pass?" Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Roll call resulted as follows: McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Total - 34. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, NAYS–None. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Absent and excused–Andreason. Total - 1. Total - 34. Total - 35. NAYS–None. Whereupon the President declared S 1369 passed, title was Absent and excused–Andreason. Total - 1. approved, and the bill ordered transmitted to the House. Total - 35. On request by Senator Davis, granted by unanimous consent, Whereupon the President declared S 1370 passed, title was H 512, as amended, retained its place on the Third Reading approved, and the bill ordered transmitted to the House. Calendar for one legislative day. [March 13, 2012 SENATE JOURNAL 195

H 540, as amended, was read the third time at length, section Roll call resulted as follows: by section, and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, debate. The question being, "Shall the bill pass?" Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Roll call resulted as follows: McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Total - 34. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, NAYS–None. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Absent and excused–Andreason. Total - 1. Total - 34. Total - 35. NAYS–None. Whereupon the President declared H 525 passed, title was Absent and excused–Andreason. Total - 1. approved, and the bill ordered returned to the House. Total - 35. H 543 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair Whereupon the President declared H 540, as arose as sponsor of the bill and opened the debate. The question amended, passed, title was approved, and the bill ordered being, "Shall the bill pass?" returned to the House. Roll call resulted as follows: H 459 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Stennett arose as sponsor of the bill and opened the debate. The Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, question being, "Shall the bill pass?" Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Roll call resulted as follows: Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, NAYS–None. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Absent and excused–Andreason. Total - 1. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Total - 34. Whereupon the President declared H 543 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Andreason. Total - 1. H 403 was read the third time at length, section by section, Total - 35. and placed before the Senate for final consideration. Senator LeFavour arose as sponsor of the bill and opened the debate. Whereupon the President declared H 459 passed, title was The question being, "Shall the bill pass?" approved, and the bill ordered returned to the House. Roll call resulted as follows: H 461 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Bilyeu, Bock, Brackett, Cameron, Darrington, Davis, Heider arose as sponsor of the bill and opened the debate. The Goedde, Heider, Hill, Johnson, LeFavour, Lodge, Malepeai, question being, "Shall the bill pass?" McKague, Mortimer, Schmidt, Stennett, Toryanski, Werk. Total - 19. Roll call resulted as follows: NAYS–Bair, Broadsword, Corder, Fulcher, Hammond, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Keough, McKenzie, Nuxoll, Pearce, Rice, Siddoway, Smyser, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Tippets, Vick, Winder. Total - 15. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Absent and excused–Andreason. Total - 1. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Total - 34. Whereupon the President declared H 403 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Andreason. Total - 1. Total - 35. On request by Senator Davis, granted by unanimous consent, the Third Reading Calendar was reordered placing H 464 at the Whereupon the President declared H 461 passed, title was head of the calendar, followed by Senate non Finance Committee approved, and the bill ordered returned to the House. bills, followed by Senate Finance Committee bills, followed by House bills. H 525 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Keough arose as sponsor of the bill and opened the debate. The On request by Senator Davis, granted by unanimous consent, question being, "Shall the bill pass?" the Senate advanced to the Fifteenth Order of Business. 196 SENATE JOURNAL March 13, 2012]

Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 5:40 p.m. until the hour of 10 a.m., Wednesday, March 14, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary [March 14, 2012 SENATE JOURNAL 197

SENATE JOURNAL The President signed Enrolled S 1232, S 1253, S 1265, and S 1266 and ordered them transmitted to the House for the OF THE signature of the Speaker. IDAHO LEGISLATURE March 13, 2012 The COMMERCE AND HUMAN RESOURCES SECOND REGULAR SESSION Committee reports out H 549 and H 550 with the SIXTY-FIRST LEGISLATURE recommendation that they do pass. ANDREASON, Chairman H 549 and H 550 were filed for second reading.

SIXTY-SIXTH LEGISLATIVE DAY March 13, 2012 WEDNESDAY, MARCH 14, 2012 The EDUCATION Committee reports out H 590 and H 604 with the recommendation that they do pass. Senate Chamber GOEDDE, Chairman President Little called the Senate to order at 10 a.m. H 590 and H 604 were filed for second reading. March 13, 2012 Roll call showed all members present except Senator The LOCAL GOVERNMENT AND TAXATION Andreason, absent and formally excused by the Chair; and Committee reports out H 582 with the recommendation that it Senator Lodge, absent and excused. do pass. Prayer was offered by Chaplain Keith Buhler. CORDER, Chairman The Pledge of Allegiance was led by Joshua Smith, Page. H 582 was filed for second reading. The Senate advanced to the Third Order of Business. On request by Senator Davis, granted by unanimous consent, Reading and Correction of the Journal the Senate advanced to the Eighth Order of Business. The JUDICIARY AND RULES Committee reports that the Messages from the Governor Senate Journal of the proceedings of March 13, 2012, was read and approved as corrected. March 13, 2012 DARRINGTON, Chairman The Honorable Brad Little President of the Senate There being no objection, the report was adopted and ordered Idaho Legislature filed in the office of the Secretary of the Senate. Dear Mr. President: On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate Reports of Standing Committees Bills, to wit: March 14, 2012 S 1333 and S 1371 The JUDICIARY AND RULES Committee reports that As Always - Idaho, Esto Perpetua S 1388, S 1389, S 1390, S 1391, S 1392, and SCR 132 have /s/ C.L. "Butch" Otter been correctly printed. Governor of Idaho DARRINGTON, Chairman The correspondence was ordered filed in the office ofthe Secretary of the Senate. S 1388, S 1389, S 1391, and S 1392 were referred to the Finance Committee. The Senate advanced to the Ninth Order of Business. S 1390 was referred to the Commerce and Human Resources Messages from the House Committee. March 13, 2012 SCR 132 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's Dear Mr. President: desk for one legislative day. I transmit herewith H 645, H 634, H 611, and HCR 47 , March 13, 2012 which have passed the House. The JUDICIARY AND RULES Committee reports that ALEXANDER, Chief Clerk S 1232, S 1253, S 1265, and S 1266 have been correctly enrolled. H 645, H 634, H 611, and HCR 47 were filed for first DARRINGTON, Chairman reading. 198 SENATE JOURNAL March 14, 2012]

March 13, 2012 S 1394 BY FINANCE COMMITTEE Dear Mr. President: AN ACT APPROPRIATING MONEYS TO THE IDAHO I transmit herewith Enrolled HCR 36 and HJM 8 for the TRANSPORTATION DEPARTMENT FOR FISCAL YEAR signature of the President. 2013; LIMITING THE NUMBER OF AUTHORIZED ALEXANDER, Chief Clerk FULL-TIME EQUIVALENT POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION The President signed Enrolled HCR 36 and HJM 8 and AND BENEFITS; EXPRESSING LEGISLATIVE ordered them returned to the House. INTENT WITH REGARD TO CERTAIN TRANSFERS BEING CONTINUOUSLY APPROPRIATED FUNDS; March 13, 2012 AUTHORIZING THE TRANSFER OF HIGHWAY FUNDS Dear Mr. President: TO THE TOURISM AND PROMOTION FUND; PROVIDING REAPPROPRIATION FOR CONTRACT CONSTRUCTION I return herewith S 1214, S 1272, S 1259, S 1215, as AND RIGHT-OF-WAY ACQUISITION; PROVIDING amended, S 1292, S 1308, S 1312, S 1236, S 1277, as amended, REAPPROPRIATION FOR AIRPORT DEVELOPMENT S 1278, S 1324, S 1225, S 1226, S 1227, S 1228, S 1268, and GRANTS; PROVIDING REAPPROPRIATION FOR S 1301 , which have passed the House. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS; AND AUTHORIZING A TRANSFER OF FUNDS ALEXANDER, Chief Clerk FOR DEBT SERVICE. S 1214, S 1272, S 1259, S 1215, as amended, S 1292, S 1308, S 1393 and S 1394 were introduced, read the first time at S 1312, S 1236, S 1277, as amended, S 1278, S 1324, S 1225, length, and referred to the Judiciary and Rules Committee for S 1226, S 1227, S 1228, S 1268, and S 1301 were referred to the printing. Judiciary and Rules Committee for enrolling. Senator Lodge was recorded present at this order of business. The Senate advanced to the Tenth Order of Business. H 645 , by State Affairs Committee, was introduced, read Motions and Resolutions the first time at length, and referred to the Commerce and Human Resources Committee.

On request by Senator Davis, granted by unanimous consent, H 634 , by Revenue and Taxation Committee, was SCR 131 retained its place on the calendar for Thursday, March introduced, read the first time at length, and referred to the Local 15, 2012. Government and Taxation Committee. The President announced that the Resources and H 611 , by Ways and Means Committee, was introduced, read Environment Committee report relative to the Gubernatorial the first time at length, and referred to the Agricultural Affairs reappointment of Chris Korell was before the Senate for final Committee. consideration, the question being, "Shall the report be adopted?" HCR 47 , by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs On motion by Senator Siddoway, seconded by Committee. Senator Stennett, the Gubernatorial reappointment of Chris Korell as a member of the Outfitters and Guides Licensing The Senate advanced to the Twelfth Order of Business. Board was confirmed by voice vote. Second Reading of Bills The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial H 637, H 641, H 642, H 643, and H 644 , by Appropriations reappointment confirmation for his signature, attested to bythe Committee, were read the second time at length and filed for third Secretary, to be transmitted to the Governor informing him of the reading. action of the Senate. H 448 and H 532 , by Judiciary, Rules, and Administration The Senate advanced to the Eleventh Order of Business. Committee, were read the second time at length and filed for third reading. Introduction, First Reading, and Reference of Bills, H 595 , by Ways and Means Committee, was read the second House Petitions, Resolutions, and Memorials time at length and filed for third reading. H 522, as amended, by Commerce and Human Resources S 1393 Committee, was read the second time at length and filed for third BY FINANCE COMMITTEE reading. AN ACT APPROPRIATING MONEYS TO THE STATE CONTROLLER H 386, as amended, and H 588 , by Education Committee, FOR FISCAL YEAR 2013; LIMITING THE NUMBER were read the second time at length and filed for third reading. OF AUTHORIZED FULL-TIME EQUIVALENT H 497, as amended in the Senate, by Judiciary, Rules, and POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE Administration Committee, was read the second time at length COMPENSATION AND BENEFITS; PROVIDING FOR THE and filed for third reading. RECOVERY OF STATE CONTROLLER SERVICE COSTS TO THE GENERAL FUND; PROVIDING NON-GENERAL H 457, as amended in the Senate, by Resources and FUND REAPPROPRIATION; AND PROVIDING GENERAL Conservation Committee, was read the second time at length and FUND REAPPROPRIATION. filed for third reading. [March 14, 2012 SENATE JOURNAL 199

H 511, as amended, as amended in the Senate, by General Calendar Transportation and Defense Committee, was read the second time at length and filed for third reading. The President declared the Senate resolved into the Committee of the Whole and called Senator Winder to the Chair H 450, as amended in the Senate, by Judiciary, Rules, and to preside during the sitting of the Committee of the Whole. Administration Committee, was read the second time at length and filed for third reading. Following the adjournment of the Committee of the Whole, the President called the Senate to order. S 1357, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Report of the Committee of the Whole S 1295, as amended, by Health and Welfare Committee, was Senator Winder, Chairman of the Committee of the Whole, read the second time at length and filed for third reading. reported out H 426 and S 1348 , without recommendation, S 1339, as amended, and S 1358, as amended, by Judiciary amended as follows: and Rules Committee, were read the second time at length and filed for third reading. SENATE AMENDMENT TO H 426 AMENDMENT TO THE BILL S 1362, as amended, by State Affairs Committee, was read On page 1 of the printed bill, delete lines 10 through 40; and the second time at length and filed for third reading. on page 2, delete lines 1 through 38, and insert:

The Senate advanced to the Thirteenth Order of Business. "SECTION 1. PURPOSE OF ACT. The purpose of this program is to identify those students who are taking courses in Third Reading of Bills grades 7 through 12 at an accelerated rate and provide them with H 464 was read the third time at length, section by section, an incentive to participate in dual credit for early completers and placed before the Senate for final consideration. Senator pursuant to the provisions of Section 33-1626, Idaho Code. The Tippets arose as sponsor of the bill and opened the debate. The program will provide funding so that a portion of the summer question being, "Shall the bill pass?" online courses and online overload courses taken by such students will be paid for by the State Department of Education. Pursuant to Senate Rule 39(H), Senator Pearce disclosed a possible conflict of interest under applicable law. SECTION 2. That Chapter 16, Title 33, Idaho Code, be, and Roll call resulted as follows: the same is hereby amended by the addition thereto of a NEW AYES–Bair, Brackett, Cameron, Corder, Darrington, Davis, SECTION, to be known and designated as Section 33-1628, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Lodge, Idaho Code, and to read as follows: McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Vick, Winder. Total - 24. 33-1628. "8 IN 6 PROGRAM." (1) A program is hereby established in the state department of education to be NAYS–Bilyeu, Bock, Broadsword, Keough, LeFavour, known as the "8 in 6 Program." Malepeai, Schmidt, Stennett, Toryanski, Werk. Total - 10. (2) If a parent and student agree, by signing the appropriate Absent and excused–Andreason. Total - 1. form provided by the state department of education, to the conditions provided for in paragraphs (2)(a) and (b) of this Total - 35. section, the state department of education will pay for a portion of the cost of summer online courses and online overload courses Whereupon the President declared H 464 passed, title was as provided for in this section from the moneys appropriated for approved, and the bill ordered returned to the House. this purpose. S 1373 was read the third time at length, section by section, (a) The student and parent agree that the student and placed before the Senate for final consideration. Senator shall take and successfully complete dual credit or Pearce arose as sponsor of the bill and opened the debate. The professional-technical education courses for at least a portion question being, "Shall the bill pass?" of the student's courses during the 11th and/or 12th grade years. Funding for this requirement will not be provided by Roll call resulted as follows: the "8 in 6 Program." (b) The student and parent agree that the student shall take AYES–Bair, Brackett, Cameron, Corder, Darrington, Davis, and successfully complete at least one (1) summer online Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, or online overload course and a full course load of at least Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, fourteen (14) credits per school year. Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 26. (c) The state shall pay two hundred twenty-five dollars NAYS–Bilyeu, Bock, Broadsword, LeFavour, Malepeai, ($225) per one (1) credit summer online course or one (1) Schmidt, Stennett, Werk. Total - 8. credit online overload course taken in this program. Provided however, that if the Idaho digital learning academy (IDLA) Absent and excused–Andreason. Total - 1. receives a state guarantee or appropriation of at least five million dollars ($5,000,000) for fiscal year 2013, the state Total - 35. shall pay no moneys for the "8 in 6 Program" for that fiscal Whereupon the President declared S 1373 passed, title was year, and IDLA shall provide the online courses necessary approved, and the bill ordered transmitted to the House. to meet the needs of the "8 in 6 Program" for that fiscal year, at a cost not to exceed seventy-five dollars ($75.00) On request by Senator Davis, granted by unanimous consent, per course. the Senate advanced to the Fourteenth Order of Business. 200 SENATE JOURNAL March 14, 2012]

(d) The state shall pay for no more than two (2) credits of take eight (8) years to complete are compressed into six (6) online overload courses per student per school year. The state years by taking full course loads during the school year and shall pay for no more than two (2) credits of summer online one (1) or two (2) online courses during the summer or as courses per student per summer. The state shall pay for no online overload courses. more than a combined total of four (4) credits of summer (b) "Full course load" means no fewer than fourteen (14) online or online overload courses per student per year. The credits per school year. state shall pay for no more than a combined total of eight (c) "Overload course" means a course taken that is in (8) credits of summer online and online overload courses per excess of or more than the number of courses taken in the student during such student's participation in the program. normal school day as a normal school day is defined for (3) Participation in this program shall be limited to fractional average daily attendance purposes by the state no more than ten percent (10%) of students in each grade 7 department of education. through 12. Such limitation shall be applied initially on a school (d) "Parent" means parent or parents or guardian or district-by-school district, grade-by-grade basis. If any grades guardians. do not fully utilize their available participation slots, the school (e) "School district" means an Idaho school district or a district shall reallocate said participation slots to those grades in public charter school that provides education to any grades which more than ten percent (10%) of the students have applied 7-12. for participation in the program. If any school districts do not (f) "School year" means the normal school year that begins fully utilize their available participation slots by July 1, the state upon the conclusion of the break between grades and ends department of education shall reallocate said participation slots upon the beginning of the same break of the following year.". to those districts in which more than ten percent (10%) of the students have applied for participation in the program. Students CORRECTION TO TITLE accepted into the program shall remain in the program from year On page 1, delete lines 2 through 8, and insert: to year unless they sign a withdrawal form developed by the "RELATING TO EDUCATION; TO PROVIDE A PURPOSE; state department of education. If a participating student transfers AMENDING CHAPTER 16, TITLE 33, IDAHO from one (1) school district to another, such student shall remain CODE, BY THE ADDITION OF A NEW SECTION enrolled in the program, the ten percent (10%) participation 33-1628, IDAHO CODE, TO ESTABLISH THE "8 limitation of the student's new school district notwithstanding. IN 6 PROGRAM," TO ESTABLISH PROVISIONS The state department of education shall maintain a list of RELATING TO THE STATE DEPARTMENT participants. OF EDUCATION PAYING FOR CERTAIN (a) If the number of students applying for participation in SUMMER ONLINE AND ONLINE OVERLOAD the "8 in 6 Program" exceeds the number of participation COURSES, TO ESTABLISH CRITERIA RELATING slots available in the school district, the school district shall TO PARTICIPATION IN THE PROGRAM, TO establish participation preference criteria. Such criteria shall ESTABLISH PROVISIONS RELATING TO ELIGIBLE include students who have successfully completed at least COURSES, TO PROVIDE FOR RULES AND TO one (1) online course prior to participating in the program, PROVIDE DEFINITIONS.". and may include any of the following: (i) Grade point average; SENATE AMENDMENT TO S 1348 (ii) State-mandated summative achievement test AMENDMENT TO THE BILL results; On page 1 of the printed bill, delete lines 11 through 40; and (iii) Other school district administered student delete pages 2, 3 and 4, and insert: assessments. "SECTION 1. That Section 39-4509, Idaho Code, be, and (b) If a student participating in the program fails to the same is hereby amended to read as follows: complete with a grade of "C" or better one (1) or more summer online or online overload courses while in the 39-4509. STATEMENT OF POLICY – program, the student must pay for and successfully complete DEFINITION. For purposes of sections 39-4509 through a summer online or online overload course with a grade of 39-4515, Idaho Code: "C" or better before continuing in the program. (1) The legislature recognizes the established common (4) Procedures for participating in the "8 in 6 Program" law and the fundamental right of adult persons to control the include the following: The school district shall make reasonable decisions relating to the rendering of their medical care, including efforts to ensure that any student who considers participating the decision to have life-sustaining procedures withheld or in the program considers the challenges and time necessary to withdrawn. The legislature further finds that modern medical succeed in the program. Such efforts by the district shall be technology has made possible the artificial prolongation of performed prior to a student participating in the program. human life beyond natural limits. The legislature further finds (5) Eligible courses. To qualify as an eligible course for that patients are sometimes unable to express their desire to the program, the course must be offered by a provider accredited withhold or withdraw such artificial life prolongation procedures by the organization that accredits Idaho high schools or an which provide nothing medically necessary or beneficial to the organization whose accreditation of providers is recognized by patient because of the patient's inability to communicate with the organization that accredits Idaho high schools. Dual credit, the physician. advanced placement and concurrent enrollment courses are not (2) In recognition of the dignity and privacy which patients eligible under this program. have a right to expect, the legislature hereby declares that the (6) The state board of education is hereby authorized to laws of this state shall recognize the right of a competent person promulgate rules to implement the provisions of this section. to have his or her wishes for medical treatment and for the (7) Definitions: withdrawal of artificial life-sustaining procedures carried out (a) "8 in 6 Program" means the two (2) years of junior high, even though that person is no longer able to communicate with the four (4) years of high school and the first two (2) years the physician. of college or professional-technical preparation that normally [March 14, 2012 SENATE JOURNAL 201

(3) It is the intent of the legislature to establish an effective 39-4514. GENERAL PROVISIONS. (1) Application. means for such communication. It is not the intent of the Except as specifically provided herein, t This chapter shall have legislature that the procedures described in sections 39-4509 no effect or be in any manner construed to apply to persons not through 39-4515, Idaho Code, are the only effective means of executing a living will and durable power of attorney for health such communication, and nothing in sections 39-4509 through care or POST form pursuant to this chapter nor shall it in any 39-4515, Idaho Code, shall impair or supersede any legal right manner affect the rights of any such persons or of others acting for or legal responsibility which a person may have to effect the or on behalf of such persons to give or refuse to give consent or withholding or withdrawal of life-sustaining procedures in any withhold consent for any medical care, neither shall this chapter lawful manner, provided that this sentence shall not be construed be construed to affect chapter 3 or chapter 4, title 66, Idaho Code, to authorize any violation of section 39-4514(3), Idaho Code. in any manner. Any authentic expression of a person's wishes with respect to (2) Euthanasia, mercy killing, or assisted suicide. This health care should be honored. chapter does not make legal, and in no way condones, euthanasia, (4) "Competent person" means any emancipated minor or mercy killing, or assisted suicide or permit an affirmative or person eighteen (18) or more years of age who is of sound mind. deliberate act or omission to end life, other than to allow the natural process of dying. SECTION 2. That Section 39-4513, Idaho Code, be, and (3) Withdrawal of care. Assisted feeding or artificial the same is hereby amended to read as follows: nutrition and hydration may not be withdrawn or denied if its provision is directed by a competent patient in accordance 39-4513. IMMUNITY. (1) No emergency medical with section 39-4503, Idaho Code, by a patient's health care services personnel, health care provider, facility, or individual directive under section 39-4510, Idaho Code, or by a patient's employed by, acting as the agent of, or under contract with any surrogate decision maker in accordance with section 39-4504, such health care provider or facility shall be civilly or criminally Idaho Code. Health care other than assisted feeding or artificial liable or subject to discipline for unprofessional conduct for acts nutrition and hydration may not be withdrawn or denied if or omissions carried out or performed in good faith pursuant to its provision is directed by a competent patient in accordance the directives in a facially valid POST form or living will or with section 39-4503, Idaho Code, by a patient's health care by the holder of a facially valid durable power of attorney or directive under section 39-4510, Idaho Code, or by a patient's directive for health care. surrogated decision maker in accordance with section 39-4504, (2) Any physician or other health care provider who Idaho Code, unless such care would be futile care as defined in for ethical or professional reasons is incapable or unwilling subsection (6) of this section. Except as specifically provided to conform to the desires of the patient person who may give in chapters 3 and 4, title 66, Idaho Code, health care, assisted consent to care for the patient under section 39-4504, Idaho feeding or artificial nutrition and hydration, the denial of which Code, as expressed by the procedures set forth in this chapter is directed by a competent patient in accordance with section may, subject to the requirements of section 39-4514(3), Idaho 39-4503, Idaho Code, by a patient's health care directive under Code, withdraw without incurring any civil or criminal liability section 39-4510, Idaho Code, or by a patient's surrogate decision provided the physician or other health care provider, before maker in accordance with section 39-4504, Idaho Code, shall be withdrawal of his or her participation, makes a good faith effort withdrawn and denied in accordance with a valid directive. This to assist the patient in obtaining the services of another physician subsection does not require provision of treatment to a patient or other health care provider who is willing to provide care if it would require denial of the same or similar treatment to for the patient in accordance with the patient's expressed or another patient. documented wishes. (3 4) Comfort care. Individuals caring for a patient (3) No person who exercises the responsibilities of a for whom artificial life-sustaining procedures or artificially durable power of attorney for health care in good faith shall be administered nutrition and hydration are withheld or withdrawn subject to civil or criminal liability as a result. shall provide comfort care as defined in section 39-4502, Idaho (4) Neither the registration of a health care directive in the Code. health care directive registry under section 39-4515, Idaho Code, (4 5) Presumed consent to resuscitation. There is a nor the revocation of such a directive requires a health care presumption in favor of consent to cardiopulmonary resuscitation provider to request information from that registry. The decision (CPR) unless: of a health care provider to request or not to request a health care (a) A completed living will for that person is in effect, directive document from the registry shall be immune from civil pursuant to section 39-4510, Idaho Code, and the person is or criminal liability. A health care provider who in good faith in a terminal condition or persistent vegetative state; or acts in reliance on a facially valid health care directive received (b) A completed durable power of attorney for health care from the health care directive registry shall be immune from for that person is in effect, pursuant to section 39-4510, Idaho civil or criminal liability for those acts done in such reliance. Code, in which the person has indicated that he or she does (5) Health care providers and emergency medical services not wish to receive cardiopulmonary resuscitation, or his or personnel may disregard the POST form or a POST identification her representative has determined that the person would not device: wish to receive cardiopulmonary resuscitation; or (a) If they believe in good faith that the order has been (c) The patient has a completed physician orders for scope revoked; or of treatment (POST) form indicating otherwise and/or proper (b) To avoid oral or physical confrontation; or POST identification pursuant to section 39-4502(13), Idaho (c) If ordered to do so by the attending physician. Code. (5 6) Futile care. Nothing in this chapter shall be construed SECTION 3. That Section 39-4514, Idaho Code, be, and to require medical treatment that is medically inappropriate the same is hereby amended to read as follows: or futile; provided that this subsection does not authorize any violation of subsection (3) of this section. Futile care does not include comfort care. Futile care is a course of treatment: 202 SENATE JOURNAL March 14, 2012]

(a) For a patient with a terminal condition, for whom, in "RELATING TO THE MEDICAL CONSENT AND NATURAL reasonable medical judgment, death is imminent within hours DEATH ACT; AMENDING SECTION 39-4509, or at most a few days whether or not the medical treatment IDAHO CODE, TO REVISE LEGISLATIVE INTENT; is provided and that in reasonable medical judgment will not AMENDING SECTION 39-4513, IDAHO CODE, TO improve the patient's condition; or REVISE PROVISIONS RELATING TO HEALTH (b) The denial of which in reasonable medical judgment CARE PROVIDERS UNWILLING TO CONFORM will not result in or hasten the patient's death. TO THE DESIRES OF PATIENTS AND THOSE (6 7) Existing directives and directives from other states. AUTHORIZED TO CONSENT FOR THEM; AND A health care directive executed prior to July 1, 2007, but which AMENDING SECTION 39-4514, IDAHO CODE, TO was in the living will, durable power of attorney for health care, PREVENT THE DISCRIMINATORY DENIAL OF DNR, or POST form pursuant to prior Idaho law at the time of CERTAIN HEALTH CARE INCLUDING ASSISTED execution, or in another form that contained the elements set forth FEEDING OR ARTIFICIAL NUTRITION AND in this chapter at the time of execution, shall be deemed to be HYDRATION UPON CERTAIN CIRCUMSTANCES.". in compliance with this chapter. Health care directives or similar documents executed in another state that substantially comply The Committee also has S 1380 and S 1282 under with this chapter shall be deemed to be in compliance with this consideration, reports progress, and begs leave to sit again. chapter. WINDER, Chairman (7 8) Insurance. (a) The making of a living will and/or durable power of On motion by Senator Winder, seconded by Senator Stennett, attorney for health care or physician orders for scope of the report was adopted by voice vote. treatment (POST) form pursuant to this chapter shall not restrict, inhibit or impair in any manner the sale, procurement S 1348, as amended, was referred to the Judiciary and Rules or issuance of any policy of life insurance, nor shall it Committee for engrossing and the amendments thereto were be deemed to modify the terms of an existing policy of referred to the Judiciary and Rules Committee for printing. life insurance. No policy of life insurance shall be legally H 426, as amended in the Senate, was filed for first reading impaired or invalidated in any manner by the withholding as amended, and the amendments thereto were referred to the or withdrawal of artificial life-sustaining procedures from Judiciary and Rules Committee for printing. an insured patient, notwithstanding any term of the policy to the contrary. On request by Senator Davis, granted by unanimous consent, (b) No physician, health care facility or other health care the Senate returned to the Fifth Order of Business. provider and no health care service plan, insurer issuing disability insurance, self-insured employee plan, welfare Petitions, Resolutions, and Memorials benefit plan or nonprofit hospital service plan shall require any person to execute a living will and durable power of SCR 133 attorney for health care or physician orders for scope of BY STATE AFFAIRS COMMITTEE treatment (POST) form as a condition for being insured for, A CONCURRENT RESOLUTION or receiving, health care services. STATING FINDINGS OF THE LEGISLATURE AND (8 9) Portability and copies. HONORING SEVEN IDAHO SERVICEMEN WHO FOUGHT (a) A completed physician orders for scope of treatment AND LOST THEIR LIVES IN IRAQ AND AFGHANISTAN (POST) form signed by a physician shall be transferred with WITHIN THE PAST YEAR. the patient to, and be effective in, all care settings including, Be It Resolved by the Legislature of the State of Idaho: but not limited to, home care, ambulance or other transport, hospital, residential care facility, and hospice care. The POST WHEREAS, American service members, many of them form shall remain in effect until such time as there is a valid Idahoans, or their family members have served their country revocation pursuant to section 39-4511, Idaho Code, or new honorably and at great personal sacrifice in the wars in Iraq and orders are issued by a physician. Afghanistan; and (b) A photostatic, facsimile or electronic copy of a valid WHEREAS, seven persons with Idaho ties paid the ultimate physician orders for scope of treatment (POST) form may sacrifice within the past year; and be treated as an original by a health care provider or by an WHEREAS, U.S. Army Private First Class Robert Near was institution receiving or treating a patient. killed in action in Kandahar, Afghanistan, on January 7, 2011, (9 10) Registration. A directive or the revocation of and has ties to the Nampa area. Those who knew Robert Near a directive meeting the requirements of this chapter may be from his grandmother to his Army commanders remember him registered with the secretary of state pursuant to section 39-4515, as happy. His grandmother said of him that you could not make Idaho Code. Failure to register the health care directive shall not him mad and that "never in his life did he sass me." Robert and his affect the validity of the health care directive. father lived with his grandmother who would play video games (10 1) Rulemaking authority. with him and Robert would pull weeds for her in her yard. His (a) The department of health and welfare shall adopt those father said Robert grew up with a healthy curiosity, a penchant rules and protocols necessary to administer the provisions of for chess and a positive attitude. Robert moved to Nampa and this chapter. studied computer programming and repair at the Centennial Job (b) In the adoption of a physician orders for scope Corps. Robert is survived by his grandmother, father, a brother of treatment (POST) or DNR protocol, the department and three sisters; and shall adopt standardized POST identification to be used WHEREAS, U.S. Army Sergeant Nathan Beyers of Coeur statewide.". d'Alene was killed in action on July 7, 2011, in Baghdad, Iraq. CORRECTION TO TITLE Nathan had been an Idaho resident for a number of years and his On page 1, delete lines 2 through 9, and insert: wife Vanessa Beyers and daughter, born November 11, 2010, live in the Coeur d'Alene area. An avid hunter, fisherman, camper and [March 14, 2012 SENATE JOURNAL 203 golfer, Nathan is most remembered as a dedicated family man. in Helmand Province, Afghanistan. Kenneth was a graduate Recalling his visit home on leave a few months after the birth of of Parma High School. While in school he was very active in their daughter, Vanessa said, "Nathan was proud of his job and of the COSSA auto program, winning numerous awards. While serving our country. He died doing something he loved and was in school, Kenneth won first place in the district's Patriot's Pen such a brave person"; and Contest. He placed second in the Veterans of Foreign Wars WHEREAS, U.S. Army Specialist Nicholas Newby of Coeur Regional Competition. Kenneth was outgoing and enthusiastic – d'Alene was killed in action on July 7, 2011, in Baghdad, Iraq. a genuinely nice young man, who didn't know a stranger. He was Nicholas could play a variety of musical instruments, including well-liked and admired by fellow students and his coworkers in guitar, bass guitar, saxophone and drums. He was intellectually the Marine Corps. He was always the first to work and the last to curious and an avid reader. While in Iraq Nick was completing leave. Kenneth lived each day to the best of his ability, sharing college courses via the Internet. His parents said Nick would do his advanced skill set to benefit friends and coworkers. While in anything for anybody who needed his help. He would stick by his Afghanistan he was fortunate to have served some of his tour friends and never gave up on anybody. He also enjoyed his truck in a camp close to his older sister, Joyce, who is also serving in and loved thrashing it and then fixing it. He had a great sense of the theatre. He is survived by his father and mother who were humor ever since he was a kid. Once he saw his pregnant mother both officers in the United States military, and his brother and drinking orange juice and said, "Mom, you're getting orange juice two sisters. all over the baby." Nick loved his family and everybody loved NOW, THEREFORE, BE IT RESOLVED by the members of him. He is survived by his mother, father, stepmother, stepfather the Second Regular Session of the Sixty-first Idaho Legislature, and two brothers; and the Senate and the House of Representatives concurring therein, WHEREAS, U.S. Army Sergeant Devin Daniels of Council that we honor and memorialize Private First Class Robert J. was killed in action on August 25, 2011, in Helmand Province, Near, Sergeant Nathan R. Beyers, Specialist Nicholas W. Newby, Afghanistan. Devin was raised in Council and graduated from Sergeant Devin J. Daniels, Specialist Robert E. Dyas, Sergeant Eagle High School. Devin was a new father and was able to Ryan David Sharp and Lance Corporal Kenneth E. Cochran for be home on leave for the birth of his daughter in January of their unselfish service to our country, fighting for our freedoms, 2011. Devin also loved hunting in Idaho with his dad, and loved and recognize, honor and memorialize their ultimate sacrifice. the outdoors in general. He told his mom, "You can take the BE IT FURTHER RESOLVED that the Secretary of the boy out of Idaho, but you can never take Idaho out of the boy." Senate is authorized to send a copy of this Concurrent Resolution Devin and his mother live by the motto "Winners never quit, and to the immediate families of the servicemen mentioned above. quitters never win." Devin is survived by his wife and daughter, his parents, grandparents, great-great grandmother, two brothers SCR 133 was introduced, read at length, and referred to the and a sister; and Judiciary and Rules Committee for printing. WHEREAS, U.S. Army Specialist Robert Dyas of Nampa was killed in action on September 21, 2011, in Kandahar, On request by Senator Davis, granted by unanimous consent, Afghanistan. Robert loved the great outdoors, especially hunting the Senate advanced to the Thirteenth Order of Business. and fishing. Robert said that he drew daily on the hunting instincts taught to him by his stepfather. Robert was reared and educated in Nampa where he blossomed into an outstanding Third Reading of Bills young man. Robert attended elementary school through high school in Nampa, where he played baseball, starting with T-ball, on up through Skyview High School. He also played golf in high S 1384 was read the third time at length, section by section, school where Nampa mayor Tom Dale was his mentor. Robert and placed before the Senate for final consideration. Senator earned his GED and took night classes to become an electrician, LeFavour arose as sponsor of the bill and opened the debate. and by day was an apprentice working for an electrical contractor. The question being, "Shall the bill pass?" Robert had a sense of humor unlike any other. No matter who Roll call resulted as follows: he was around, he could make you cry from laughing. He loved classic hot-rod cars and had just purchased a 1966 Pontiac AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, LeMans on eBay. He dreamed of owning a small farm, starting Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, a family with his fiancee and driving his Pontiac. Robert is Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, survived by his father and mother, stepfather, grandfather, four McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, sisters, a brother and his fiancee; and Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. WHEREAS, U.S. Army Sergeant Ryan Sharp of Idaho Falls Total - 34. was injured in Pa'in Kelay, Afghanistan, and passed on December 3, 2011, at Landstuhl Regional Medical Center in Landstuhl, NAYS–None. Germany. Ryan was a graduate of Skyline High School in Idaho Falls. He enjoyed baseball, welding and spending time outdoors. Absent and excused–Andreason. Total - 1. Ryan will be remembered for his compassion, his kind heart Total - 35. and his love for his country. After enlisting in the U.S. Army in October 2002, Ryan proudly served his country on three Whereupon the President declared S 1384 passed, title was tours of duty, one in Iraq, and he was serving his second tour approved, and the bill ordered transmitted to the House. in Afghanistan in support of Operation Enduring Freedom. His sister Michelle said, "Ryan was proud to be a soldier. He did it with exactness. He did his job with integrity." Ryan is survived On request by Senator Davis, granted by unanimous consent, by two daughters, a stepdaughter, his mother and father, two H 512, as amended, retained its place on the Third Reading brothers, two sisters and paternal grandparents; and Calendar for one legislative day. WHEREAS, U.S. Marine Corps Lance Corporal Kenneth On request by Senator Davis, granted by unanimous consent, Cochran of Wilder was killed in action on January 15, 2012, the Senate returned to the Sixth Order of Business. 204 SENATE JOURNAL March 14, 2012]

Reports of Standing Committees The President signed Enrolled S 1214, S 1215, as amended, S 1225, S 1226, S 1227, S 1228, S 1236, S 1259, S 1268, S 1272, S 1277, as amended, S 1278, S 1292, S 1301, S 1308, S 1312, On motion by Senator Davis, seconded by Senator Malepeai, and S 1324 and ordered them transmitted to the House for the by voice vote, the Senate recessed at 12:05 p.m. until the hour of signature of the Speaker. 4:30 p.m. of this day. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. RECESS AFTERNOON SESSION Messages from the House The Senate reconvened at 4:30 p.m., pursuant to recess, President Little presiding. March 14, 2012 Dear Mr. President: Roll call showed all members present except Senator I transmit herewith Enrolled HCR 39 and HCR 48 for the Andreason, absent and formally excused by the Chair; and signature of the President. Senators Fulcher, Goedde, LeFavour, Lodge, Malepeai, Mortimer, Pearce, and Toryanski, absent and excused. ALEXANDER, Chief Clerk Prior to recess the Senate was at the Sixth Order of Business, The President signed Enrolled HCR 39 and HCR 48 and Reports of Standing Committees. ordered them returned to the House. On request by Senator Davis, granted by unanimous consent, March 14, 2012 the Senate advanced to the Eleventh Order of Business. The JUDICIARY AND RULES Committee reports that Introduction, First Reading, and Reference of Bills, Senate amendments to S 1348 and H 426 have been correctly House Petitions, Resolutions, and Memorials printed. DARRINGTON, Chairman Senators Fulcher, Goedde, LeFavour, and Lodge were recorded present at this order of business. The report was ordered filed in the office of the Secretary of the Senate. March 14, 2012 S 1395 BY STATE AFFAIRS COMMITTEE The JUDICIARY AND RULES Committee reports that AN ACT S 1348, as amended, has been correctly engrossed. RELATING TO THE BOARD OF DIRECTORS OF THE STATE INSURANCE FUND; AMENDING SECTION DARRINGTON, Chairman 72-901, IDAHO CODE, TO REVISE BOARD MEMBER S 1348, as amended, was filed for first reading. COMPENSATION. March 14, 2012 S 1396 The STATE AFFAIRS Committee reports out H 491, as BY FINANCE COMMITTEE amended, and S 1387 with the recommendation that they do AN ACT pass. RELATING TO APPROPRIATIONS TO THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING SECTION MCKENZIE, Chairman 2, CHAPTER 297, LAWS OF 2011, TO SHIFT MONEYS BETWEEN EXPENSE CLASSES; AUTHORIZING H 491, as amended, and S 1387 were filed for second ADDITIONAL FULL-TIME EQUIVALENT POSITIONS reading. FOR FISCAL YEAR 2012; APPROPRIATING MONEYS March 14, 2012 TO THE DEPARTMENT OF JUVENILE CORRECTIONS FOR FISCAL YEAR 2013; LIMITING THE NUMBER OF The FINANCE Committee reports out S 1388, S 1389, FULL-TIME EQUIVALENT POSITIONS; EXEMPTING S 1391, and S 1392 with the recommendation that they do pass. APPROPRIATION FROM OBJECT AND PROGRAM TRANSFER LIMITATIONS; PROVIDING GUIDANCE FOR CAMERON, Chairman EMPLOYEE COMPENSATION AND BENEFITS; AND S 1388, S 1389, S 1391, and S 1392 were filed for second DECLARING AN EMERGENCY. reading. S 1397 March 14, 2012 BY FINANCE COMMITTEE The JUDICIARY AND RULES Committee reports that AN ACT S 1214, S 1215, as amended, S 1225, S 1226, S 1227, S 1228, APPROPRIATING MONEYS TO THE STATE BOARD OF S 1236, S 1259, S 1268, S 1272, S 1277, as amended, S 1278, EDUCATION FOR COMMUNITY COLLEGES FOR FISCAL S 1292, S 1301, S 1308, S 1312, and S 1324 have been correctly YEAR 2013; PROVIDING GUIDANCE FOR EMPLOYEE enrolled. COMPENSATION AND BENEFITS; AND EXEMPTING APPROPRIATION OBJECT AND PROGRAM TRANSFER DARRINGTON, Chairman LIMITATIONS. [March 14, 2012 SENATE JOURNAL 205

S 1398 Roll call resulted as follows: BY FINANCE COMMITTEE AN ACT AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, APPROPRIATING MONEYS TO THE OFFICE OF THE Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, STATE BOARD OF EDUCATION FOR FISCAL YEAR 2013; Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, LIMITING THE NUMBER OF AUTHORIZED FULL-TIME McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE Stennett, Tippets, Vick, Werk, Winder. Total - 32. FOR EMPLOYEE COMPENSATION AND BENEFITS. NAYS–None. S 1399 Absent and excused–Andreason, Pearce, Toryanski. Total - 3. BY FINANCE COMMITTEE Total - 35. AN ACT APPROPRIATING MONEYS TO THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2013; AUTHORIZING More than two-thirds having voted in the affirmative, the AND DIRECTING THE ALLOCATION OF FUNDS FOR President declared the rules suspended. THE VARIOUS PROJECTS SPECIFIED; PROVIDING LEGISLATIVE INTENT RELATING TO UTILIZATION OF Senator Toryanski was recorded present at this order of MATCHING FUNDS; EXEMPTING THE APPROPRIATION business. FROM THE PROVISIONS OF CHAPTER 36, TITLE 67, H 450, as amended in the Senate, was read the third time at IDAHO CODE, AND FROM THE PROVISIONS OF SECTION length, section by section, and placed before the Senate for final 67-3516, IDAHO CODE; AUTHORIZING THE USE OF TAX consideration. Senator McKenzie arose as sponsor of the bill and ANTICIPATION NOTES; AND PROVIDING LEGISLATIVE opened the debate. The question being, "Shall the bill pass?" INTENT RELATING TO THE REALLOCATION OF PROJECT SAVINGS. Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, S 1400 Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, BY FINANCE COMMITTEE Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, AN ACT McKenzie, Mortimer, Nuxoll, Rice, Siddoway, Smyser, Stennett, APPROPRIATING MONEYS TO THE DEPARTMENT Tippets, Toryanski, Vick, Werk, Winder. Total - 32. OF ADMINISTRATION FOR THE IDAHO STATE CAPITOL COMMISSION FOR FISCAL YEAR 2013; AND NAYS–Schmidt. Total - 1. REAPPROPRIATING CERTAIN UNEXPENDED AND UNENCUMBERED BALANCES. Absent and excused–Andreason, Pearce. Total - 2. Total - 35. S 1395, S 1396, S 1397, S 1398, S 1399, and S 1400 were introduced, read the first time at length, and referred to the Whereupon the President declared H 450, as amended in the Judiciary and Rules Committee for printing. Senate, passed, title was approved, and the bill ordered returned to the House. H 426, as amended in the Senate, by Education Committee, was read the first time at length and filed for second reading. Senator Pearce was recorded present at this order of business. S 1348, as amended, by State Affairs Committee, was read the first time at length and filed for second reading. Motion to Suspend Rules Moved by Senator Davis, seconded by Senator Malepeai, that On request by Senator Davis, granted by unanimous consent, all rules of the Senate interfering with the immediate passage of the Senate advanced to the Thirteenth Order of Business. S 1357, as amended, be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring Third Reading of Bills all bills to be read on three several days be dispensed with, this being a case of urgency, and that S 1357, as amended, be read the third time at length, section by section, and be put upon its final Senators Malepeai and Mortimer were recorded present at passage. The question being, "Shall the rules be suspended?" this order of business. Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Motion to Suspend Rules Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Moved by Senator Davis, seconded by Senator Stennett, that McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, all rules of the Senate interfering with the immediate passage of Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. H 450, as amended in the Senate, be suspended; that the portions Total - 34. 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 NAYS–None. with, this being a case of urgency, and that H 450, as amended in the Senate, be read the third time at length, section by section, Absent and excused–Andreason. Total - 1. and be put upon its final passage. The question being, "Shall the Total - 35. rules be suspended?" More than two-thirds having voted in the affirmative, the President declared the rules suspended. 206 SENATE JOURNAL March 14, 2012]

S 1357, as amended, was read the third time at length, section Whereupon the President declared that S 1362, as by section, and placed before the Senate for final consideration. amended, had failed to pass the Senate and ordered the bill filed Senator Corder arose as sponsor of the bill and opened the debate. in Office of the Secretary of Senate. The question being, "Shall the bill pass?" Motion to Suspend Rules Roll call resulted as follows: Moved by Senator Davis, seconded by Senator Fulcher, that AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, all rules of the Senate interfering with the immediate passage of Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, S 1295, as amended, be suspended; that the portions of Section Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, 15, Article 3, of the Constitution of the State of Idaho requiring McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, all bills to be read on three several days be dispensed with, this Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. being a case of urgency, and that S 1295, as amended, be read the Total - 34. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" NAYS–None. Roll call resulted as follows: Absent and excused–Andreason. Total - 1. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Total - 35. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Whereupon the President declared S 1357, as McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, amended, passed, title was approved, and the bill ordered Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. transmitted to the House. Total - 34. Motion to Suspend Rules NAYS–None. Moved by Senator Davis, seconded by Senator Malepeai, that Absent and excused–Andreason. Total - 1. all rules of the Senate interfering with the immediate passage of S 1362, as amended, be suspended; that the portions of Section Total - 35. 15, Article 3, of the Constitution of the State of Idaho requiring More than two-thirds having voted in the affirmative, the all bills to be read on three several days be dispensed with, this President declared the rules suspended. being a case of urgency, and that S 1362, as amended, be read the third time at length, section by section, and be put upon its final S 1295, as amended, was read the third time at length, section passage. The question being, "Shall the rules be suspended?" by section, and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the Roll call resulted as follows: debate. The question being, "Shall the bill pass?" AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Roll call resulted as follows: Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Corder, Darrington, Davis, Goedde, Hammond, Heider, Hill, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Johnson, Keough, LeFavour, Lodge, Malepeai, Mortimer, Rice, Total - 34. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Werk, Winder. Total - 28. NAYS–None. NAYS–Fulcher, McKague, McKenzie, Nuxoll, Pearce, Vick. Absent and excused–Andreason. Total - 1. Total - 6. Total - 35. Absent and excused–Andreason. Total - 1. More than two-thirds having voted in the affirmative, the Total - 35. President declared the rules suspended. Whereupon the President declared S 1295, as S 1362, as amended, was read the third time at length, section amended, passed, title was approved, and the bill ordered by section, and placed before the Senate for final consideration. transmitted to the House. Senator McKenzie arose as sponsor of the bill and opened the On request by Senator Davis, granted by unanimous consent, debate. The question being, "Shall the bill pass?" the Third Reading Calendar was reordered placing H 595 at the Roll call resulted as follows: head of the calendar, followed by Senate bills, followed by House bills amended in the Senate, followed by House bills. AYES–Cameron, Darrington, Davis, Hammond, Heider, Hill, LeFavour, Lodge, McKenzie, Schmidt, Smyser, Tippets, On request by Senator Davis, granted by unanimous consent, Toryanski. Total - 13. the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business NAYS–Bair, Bilyeu, Bock, Brackett, Broadsword, Corder, Fulcher, Goedde, Johnson, Keough, Malepeai, McKague, On motion by Senator Davis, seconded by Senator Malepeai, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Stennett, Vick, Werk, by voice vote, the Senate adjourned at 5:45 p.m. until the hour of Winder. Total - 21. 9 a.m., Thursday, March 15, 2012. Absent and excused–Andreason. Total - 1. BRAD LITTLE, President Total - 35. Attest: JENNIFER NOVAK, Secretary [March 15, 2012 SENATE JOURNAL 207

SENATE JOURNAL March 14, 2012 The JUDICIARY AND RULES Committee reports it has OF THE had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be IDAHO LEGISLATURE confirmed by the Senate: SECOND REGULAR SESSION Gary Scheihing to the Commission on Pardons and Parole, SIXTY-FIRST LEGISLATURE term to expire January 1, 2015. DARRINGTON, Chairman The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held SIXTY-SEVENTH LEGISLATIVE DAY at the Secretary's desk for one legislative day. THURSDAY, MARCH 15, 2012 March 14, 2012 The JUDICIARY AND RULES Committee reports out Senate Chamber H 376, H 514, and H 570 with the recommendation that they President Little called the Senate to order at 9 a.m. do pass. DARRINGTON, Chairman Roll call showed all members present except Senators H 376, H 514, and H 570 were filed for second reading. Andreason and Keough, absent and formally excused by the Chair; and Senators LeFavour, Malepeai, McKague, Pearce, and March 14, 2012 Stennett, absent and excused. The HEALTH AND WELFARE Committee reports it has Prayer was offered by Chaplain Keith Buhler. had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be The Pledge of Allegiance was led by Kyle Son, Page. confirmed by the Senate: The Senate advanced to the Third Order of Business. Curt Fransen as the Director of the Department of Environmental Quality, term to continue at the pleasure of the Reading and Correction of the Journal Governor. LODGE, Chairman The JUDICIARY AND RULES Committee reports that the The Gubernatorial appointment was referred to the Tenth Senate Journal of the proceedings of March 14, 2012, was read Order of Business, Motions and Resolutions, and ordered held and approved as corrected. at the Secretary's desk for one legislative day. DARRINGTON, Chairman March 14, 2012 There being no objection, the report was adopted and ordered The HEALTH AND WELFARE Committee reports out filed in the office of the Secretary of the Senate. H 439, as amended, with the recommendation that it be referred Senators LeFavour, McKague, Stennett, Malepeai, and to the Fourteenth Order of Business for amendment. Pearce were recorded present at this order of business. LODGE, Chairman On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. There being no objection, H 439, as amended, was referred to the Fourteenth Order of Business, General Calendar.

Reports of Standing Committees March 14, 2012 The HEALTH AND WELFARE Committee reports out March 15, 2012 H 502, as amended, H 569, and H 609 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that S 1393, S 1394, S 1395, S 1396, S 1397, S 1398, S 1399, S 1400, LODGE, Chairman and SCR 133 have been correctly printed. H 502, as amended, H 569, and H 609 were filed for second DARRINGTON, Chairman reading. S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, and March 14, 2012 S 1400 were referred to the Finance Committee. The LOCAL GOVERNMENT AND TAXATION S 1395 was referred to the Commerce and Human Resources Committee reports out H 519 with the recommendation that it Committee. do pass. SCR 133 was referred to the Tenth Order of Business, CORDER, Chairman Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. H 519 was filed for second reading. 208 SENATE JOURNAL March 15, 2012]

March 14, 2012 The Senate advanced to the Eleventh Order of Business. The EDUCATION Committee reports out H 603 and H 626 with the recommendation that they do pass. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials GOEDDE, Chairman Senator Keough was recorded present at this order of H 603 and H 626 were filed for second reading. business. March 14, 2012 H 653 , by Revenue and Taxation Committee, was The EDUCATION Committee reports out H 564, as introduced, read the first time at length, and referred to the Local amended, with the recommendation that it be referred to the Government and Taxation Committee. Fourteenth Order of Business for amendment. H 654 and H 655 , by Appropriations Committee, were GOEDDE, Chairman introduced, read the first time at length, and referred to the Finance Committee. There being no objection, H 564, as amended, was referred to the Fourteenth Order of Business, General Calendar. H 613 , by Ways and Means Committee, was introduced, read the first time at length, and referred to the Commerce and On request by Senator Davis, granted by unanimous consent, Human Resources Committee. the Senate advanced to the Ninth Order of Business. H 650 , by Ways and Means Committee, was introduced, Messages from the House read the first time at length, and referred to the Agricultural Affairs Committee. March 14, 2012 H 515, as amended, by State Affairs Committee, was Dear Mr. President: introduced, read the first time at length, and referred to the Local I transmit herewith H 653, H 654, H 655, H 613, H 650, Government and Taxation Committee. H 515, as amended, and H 584, as amended, which have passed H 584, as amended, by Revenue and Taxation Committee, the House. was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. ALEXANDER, Chief Clerk The Senate advanced to the Twelfth Order of Business. H 653, H 654, H 655, H 613, H 650, H 515, as amended, and H 584, as amended, were filed for first reading. Second Reading of Bills The Senate advanced to the Tenth Order of Business. H 549 and H 550 , by State Affairs Committee, were read Motions and Resolutions the second time at length and filed for third reading. The President announced that SCR 131 was before the H 590 and H 604 , by Education Committee, were read the Senate for final consideration. second time at length and filed for third reading. Moved by Senator Lodge, seconded by Senator Stennett, that H 582 , by Revenue and Taxation Committee, was read the SCR 131 be adopted. The question being, "Shall the resolution second time at length and filed for third reading. be adopted?" H 491, as amended, by State Affairs Committee, was read Roll call resulted as follows: the second time at length and filed for third reading. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, S 1387 , by State Affairs Committee, was read the second Corder, Darrington, Davis, Fulcher, Goedde, Heider, Johnson, time at length and filed for third reading. LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, S 1388, S 1389, S 1391, and S 1392 , by Finance Committee, Toryanski, Werk, Winder. Total - 29. were read the second time at length and filed for third reading. NAYS–None. H 426, as amended in the Senate, by Education Committee, was read the second time at length and filed for third reading. Absent and excused–Andreason, Hammond, Hill, Keough, Pearce, Vick. Total - 6. S 1348, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. Total - 35. On request by Senator Davis, granted by unanimous consent, Whereupon the President declared SCR 131 adopted, title the Senate advanced to the Fourteenth Order of Business. was approved, and the resolution ordered transmitted to the House. General Calendar The President announced that SCR 132 was before the Senate for final consideration, the question being, "Shall the The President declared the Senate resolved into the resolution be adopted?" Committee of the Whole and called Senator Winder to the Chair to preside during the sitting of the Committee of the Whole. On motion by Senator Darrington, seconded by Senator Stennett, SCR 132 was adopted by voice vote, title was Following the adjournment of the Committee of the Whole, approved, and the resolution ordered transmitted to the House. the President called the Senate to order. [March 15, 2012 SENATE JOURNAL 209

Report of the Committee of the Whole S 1358, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Winder, Chairman of the Committee of the Whole, Senator LeFavour arose as sponsor of the bill and opened the reported out S 1380 , without recommendation, amended as debate. The question being, "Shall the bill pass?" follows: Roll call resulted as follows: SENATE AMENDMENT TO S 1380 AMENDMENT TO SECTION 1 AYES–Bilyeu, Bock, Brackett, Broadsword, Cameron, On page 1 of the printed bill, in line 31, following "expire" Corder, Darrington, Davis, Goedde, Hammond, Heider, Hill, insert: "twenty-one (21) days after notification to the court, and Johnson, Keough, LeFavour, Lodge, Malepeai, Rice, Schmidt, to all persons entitled to notice in the action, of the deployed Smyser, Stennett, Tippets, Toryanski, Werk, Winder. Total - 25. servicemember's completion of deployment, provided however, NAYS–Bair, Fulcher, McKenzie, Mortimer, Nuxoll, Pearce, that the court may conduct an expedited or emergency hearing Siddoway, Vick. Total - 8. for resolution of the child's custody within twenty-one (21) days of the filing of a motion filed prior to the expiration of the order, Absent and excused–Andreason, McKague. Total - 2. alleging an immediate danger of irreparable harm to the child if the order expires, and provided further, that if a motion is so filed, Total - 35. the temporary order shall be extended until the court rules on the motion". Whereupon the President declared S 1358, as amended, passed, title was approved, and the bill ordered CORRECTION TO TITLE transmitted to the House. On page 1, in line 9, following "ORDER," insert: "TO PROVIDE FOR EXPEDITED AND EMERGENCY H 497, as amended in the Senate, was read the third time HEARINGS, TO PROVIDE FOR EXTENSIONS OF at length, section by section, and placed before the Senate for TEMPORARY ORDERS,". final consideration. Senator Vick arose as sponsor of the billand opened the debate. The question being, "Shall the bill pass?" The Committee also has S 1282 under consideration, reports progress, and begs leave to sit again. Roll call resulted as follows: WINDER, Chairman AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, On motion by Senator Winder, seconded by Senator Stennett, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, the report was adopted by voice vote. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. S 1380, as amended, was referred to the Judiciary and Rules Total - 34. Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. NAYS–None. On request by Senator Davis, granted by unanimous consent, Absent and excused–Andreason. Total - 1. the Senate returned to the Thirteenth Order of Business. Total - 35. Third Reading of Bills Whereupon the President declared H 497, as amended in the Senate, passed, title was approved, and the bill ordered returned On request by Senator Davis, granted by unanimous consent, to the House. S 1339, as amended, retained its place on the Third Reading Calendar for one legislative day. H 457, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final H 595 was read the third time at length, section by section, consideration. Senator Tippets arose as sponsor of the bill and and placed before the Senate for final consideration. Senator opened the debate. The question being, "Shall the bill pass?" Darrington arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Total - 34. Stennett, Tippets, Werk, Winder. Total - 30. NAYS–None. NAYS–Pearce, Toryanski, Vick. Total - 3. Absent and excused–Andreason. Total - 1. Absent and excused–Andreason, Hill. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 457, as amended in the Whereupon the President declared H 595 passed, title was Senate, passed, title was approved, and the bill ordered returned approved, and the bill ordered returned to the House. to the House. 210 SENATE JOURNAL March 15, 2012]

H 511, as amended, as amended in the Senate, was read the H 556 was read the third time at length, section by section, third time at length, section by section, and placed before the and placed before the Senate for final consideration. Senator Senate for final consideration. Senator Winder arose as sponsor LeFavour arose as sponsor of the bill and opened the debate. of the bill and opened the debate. The question being, "Shall the The question being, "Shall the bill pass?" bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Total - 34. NAYS–None. NAYS–None. Absent and excused–Andreason. Total - 1. Absent and excused–Andreason. Total - 1. Total - 35. Total - 35. Whereupon the President declared H 511, as amended, as Whereupon the President declared H 556 passed, title was amended in the Senate, passed, title was approved, and the bill approved, and the bill ordered returned to the House. ordered returned to the House.

H 512, as amended, was read the third time at length, section On request by Senator Davis, granted by unanimous consent, by section, and placed before the Senate for final consideration. the Senate returned to the Sixth Order of Business. Senator Keough arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Reports of Standing Committees Pursuant to Senate Rule 39(H), Senator Siddoway disclosed a possible conflict of interest under applicable law. Roll call resulted as follows: On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate recessed at 12 noon until the hour of AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, 2 p.m. of this day. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, RECESS McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, AFTERNOON SESSION Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. The Senate reconvened at 2 p.m., pursuant to recess, NAYS–None. President Little presiding. Absent and excused–Andreason. Total - 1. Total - 35. Roll call showed all members present except Senator Andreason, absent and formally excused by the Chair; and Whereupon the President declared H 512, as President Pro Tempore Hill and Senators Brackett, Fulcher, amended, passed, title was approved, and the bill ordered Hammond, Keough, LeFavour, Lodge, Pearce, and Werk, absent returned to the House. and excused. H 481 was read the third time at length, section by section, Prior to recess the Senate was at the Sixth Order of Business, and placed before the Senate for final consideration. Senator Reports of Standing Committees. Winder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" March 15, 2012 Roll call resulted as follows: The JUDICIARY AND RULES Committee reports that AYES–Bair, Brackett, Davis, Fulcher, Goedde, Hammond, Senate amendments to S 1380 have been correctly printed. Heider, Hill, Johnson, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, DARRINGTON, Chairman Vick, Winder. Total - 22. The report was ordered filed in the office of the Secretary of NAYS–Bilyeu, Bock, Broadsword, Cameron, Corder, the Senate. Darrington, Keough, LeFavour, Malepeai, Schmidt, Stennett, Werk. Total - 12. March 15, 2012 Absent and excused–Andreason. Total - 1. The JUDICIARY AND RULES Committee reports that S 1380, as amended, has been correctly engrossed. Total - 35. DARRINGTON, Chairman Whereupon the President declared H 481 passed, title was approved, and the bill ordered returned to the House. S 1380, as amended, was filed for first reading. [March 15, 2012 SENATE JOURNAL 211

March 15, 2012 Second Reading of Bills The EDUCATION Committee reports it has had under On motion by Senator Davis, seconded by Senator Stennett, consideration the Gubernatorial appointment listed below and by voice vote, the Senate recessed at 2:15 p.m. until the hour of the Committee recommends that said appointment be confirmed 4:30 p.m. of this day. by the Senate: RECESS William H. Goesling to the State Board of Education, term AFTERNOON SESSION to expire March 1, 2016. The Senate reconvened at 4:30 p.m., pursuant to recess, GOEDDE, Chairman President Little presiding. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Roll call showed all members present except Senator Andreason, absent and formally excused by the Chair; and Senators Brackett and Werk were recorded present at this Senators Fulcher, LeFavour, Pearce and Siddoway, absent and order of business. excused. On request by Senator Davis, granted by unanimous consent, Prior to recess the Senate was at the Twelfth Order of the Senate advanced to the Ninth Order of Business. Business, Second Reading of Bills. The Senate advanced to the Thirteenth Order of Business. Messages from the House Third Reading of Bills

March 15, 2012 Senators Fulcher and Siddoway were recorded present at this order of business. Dear Mr. President: H 513 was read the third time at length, section by section, I transmit herewith Enrolled H 540, as amended, H 459, and placed before the Senate for final consideration. Senator H 461, H 525, H 543, and H 403 for the signature of the Corder arose as sponsor of the bill and opened the debate. The President. question being, "Shall the bill pass?" ALEXANDER, Chief Clerk Roll call resulted as follows: The President signed Enrolled H 540, as amended, H 459, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, H 461, H 525, H 543, and H 403 and ordered them returned to Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, the House. Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, March 15, 2012 Tippets, Toryanski, Vick, Werk, Winder. Total - 32. Dear Mr. President: NAYS–None. I return herewith Enrolled S 1232, S 1253, S 1265, S 1266, Absent and excused–Andreason, LeFavour, Pearce. Total - 3. S 1214, S 1215, as amended, S 1225, S 1226, S 1227, S 1228, S 1236, S 1259, S 1268, S 1272, S 1277, as amended, S 1278, Total - 35. S 1292, S 1301, S 1308, S 1312, and S 1324 , which have been signed by the Speaker. Whereupon the President declared H 513 passed, title was approved, and the bill ordered returned to the House. ALEXANDER, Chief Clerk H 615 was read the third time at length, section by section, Enrolled S 1232, S 1253, S 1265, S 1266, S 1214, S 1215, and placed before the Senate for final consideration. Senator as amended, S 1225, S 1226, S 1227, S 1228, S 1236, S 1259, Broadsword arose as sponsor of the bill and opened the debate. S 1268, S 1272, S 1277, as amended, S 1278, S 1292, S 1301, The question being, "Shall the bill pass?" S 1308, S 1312, and S 1324 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. Roll call resulted as follows: Senators Keough and Lodge were recorded present at this AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, order of business. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, On request by Senator Davis, granted by unanimous consent, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, the Senate advanced to the Eleventh Order of Business. Tippets, Toryanski, Vick, Werk, Winder. Total - 32. Introduction, First Reading, and Reference of Bills, NAYS–None. House Petitions, Resolutions, and Memorials Absent and excused–Andreason, LeFavour, Pearce. Total - 3. S 1380, as amended, by Judiciary and Rules Committee, was Total - 35. read the first time at length and filed for second reading. Whereupon the President declared H 615 passed, title was The Senate advanced to the Twelfth Order of Business. approved, and the bill ordered returned to the House. 212 SENATE JOURNAL March 15, 2012]

Senator LeFavour was recorded present at this order of H 516 was read the third time at length, section by section, business. and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. H 616 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator LeFavour arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?"

Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Corder, Darrington, Davis, Fulcher, Hammond, Heider, Hill, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, NAYS–None. Stennett, Toryanski, Werk. Total - 29. Absent and excused–Andreason, Pearce. Total - 2. NAYS–Tippets, Vick, Winder. Total - 3. Absent and excused–Andreason, Goedde, Pearce. Total - 3. Total - 35. Total - 35. Whereupon the President declared H 516 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 616 passed, title was approved, and the bill ordered returned to the House. H 396 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair H 617 was read the third time at length, section by section, arose as sponsor of the bill and opened the debate. The question and placed before the Senate for final consideration. Senator being, "Shall the bill pass?" LeFavour arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Andreason, Pearce. Total - 2. Absent and excused–Andreason, Pearce. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 396 passed, title was Whereupon the President declared H 617 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 397 was read the third time at length, section by section, H 618 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Tippets arose as sponsor of the bill and opened the debate. The Keough arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows:

AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Andreason, Pearce. Total - 2. Absent and excused–Andreason, Pearce. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 618 passed, title was Whereupon the President declared H 397 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. [March 15, 2012 SENATE JOURNAL 213

H 399 was read the third time at length, section by section, H 621 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Cameron arose as sponsor of the bill and opened the debate. The LeFavour arose as sponsor of the bill and opened the debate. question being, "Shall the bill pass?" The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows:

AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Andreason, Pearce. Total - 2. Absent and excused–Andreason, Pearce. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 399 passed, title was Whereupon the President declared H 621 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House.

H 400 was read the third time at length, section by section, On request by Senator Davis, granted by unanimous consent, and placed before the Senate for final consideration. Senator Bair H 598 was placed before the Senate for consideration at this time. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 598 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Roll call resulted as follows: Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, NAYS–None. McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Absent and excused–Andreason, Pearce. Total - 2. NAYS–None. Total - 35. Absent and excused–Andreason, Pearce. Total - 2. Whereupon the President declared H 400 passed, title was approved, and the bill ordered returned to the House. Total - 35. Whereupon the President declared H 598 passed, title was H 401 was read the third time at length, section by section, approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Roll call resulted as follows: Calendar, followed by House bills amended in the Senate, followed by House bills. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, On request by Senator Davis, granted by unanimous consent, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, the Senate advanced to the Fifteenth Order of Business. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Miscellaneous Business Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Senator Pearce was recorded present at this order of business. NAYS–None. On motion by Senator Davis, seconded by Senator Malepeai, Absent and excused–Andreason, Pearce. Total - 2. by voice vote, the Senate adjourned at 5:30 p.m. until the hour of 10 a.m., Friday, March 16, 2012. Total - 35. BRAD LITTLE, President Whereupon the President declared H 401 passed, title was approved, and the bill ordered returned to the House. Attest: JENNIFER NOVAK, Secretary 214 SENATE JOURNAL March 16, 2012]

SENATE JOURNAL H 607 and H 645 were filed for second reading. OF THE March 15, 2012 The JUDICIARY AND RULES Committee reports that IDAHO LEGISLATURE Enrolled S 1214, S 1215, as amended, S 1225, S 1226, S 1227, S 1228, S 1232, S 1236, S 1253, S 1259, S 1265, S 1266, S 1268, SECOND REGULAR SESSION S 1272, S 1277, as amended, S 1278, S 1292, S 1301, S 1308, SIXTY-FIRST LEGISLATURE S 1312, and S 1324 were delivered to the Office of the Governor at 3:42 p.m., March 15, 2012. DARRINGTON, Chairman The report was ordered filed in the office of the Secretary of SIXTY-EIGHTH LEGISLATIVE DAY the Senate. FRIDAY, MARCH 16, 2012 March 15, 2012

Senate Chamber The HEALTH AND WELFARE Committee reports out H 487 and H 632 with the recommendation that they do pass. President Pro Tempore Hill called the Senate to order at 10 a.m. LODGE, Chairman H 487 and H 632 were filed for second reading.

Roll call showed all members present except Senators March 15, 2012 Andreason and Werk, absent and formally excused by the Chair; and Senators Brackett, Hammond, Lodge, and Vick, absent and The STATE AFFAIRS Committee reports out S 1372 with excused. the recommendation that it be referred to the Transportation Committee. Prayer was offered by Chaplain Keith Buhler. MCKENZIE, Chairman The Pledge of Allegiance was led by Janae Godfrey, Page. There being no objection, S 1372 was referred to the The Senate advanced to the Third Order of Business. Transportation Committee. Reading and Correction of the Journal March 15, 2012 The LOCAL GOVERNMENT AND TAXATION The JUDICIARY AND RULES Committee reports that the Committee reports out H 593 with the recommendation that it Senate Journal of the proceedings of March 15, 2012, was read do pass. and approved as corrected. CORDER, Chairman DARRINGTON, Chairman There being no objection, the report was adopted and ordered H 593 was filed for second reading. filed in the office of the Secretary of the Senate. March 15, 2012 Senators Brackett, Hammond, Vick, and Lodge were The EDUCATION Committee reports out H 633 with the recorded present at this order of business. recommendation that it do pass. On request by Senator Davis, granted by unanimous consent, GOEDDE, Chairman the Senate advanced to the Sixth Order of Business. Reports of Standing Committees H 633 was filed for second reading. On request by Senator Davis, granted by unanimous consent, March 15, 2012 the Senate advanced to the Ninth Order of Business. The COMMERCE AND HUMAN RESOURCES Messages from the House Committee reports out S 1390 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. March 15, 2012 ANDREASON, Chairman Dear Mr. President: There being no objection, S 1390 was referred to the Fourteenth Order of Business, General Calendar. I transmit herewith H 551, H 542, as amended, H 631, as amended, and H 619, as amended, which have passed the House. March 15, 2012 ALEXANDER, Chief Clerk The COMMERCE AND HUMAN RESOURCES Committee reports out H 607 and H 645 with the H 551, H 542, as amended, H 631, as amended, and H 619, recommendation that they do pass. as amended, were filed for first reading. ANDREASON, Chairman The Senate advanced to the Tenth Order of Business. [March 16, 2012 SENATE JOURNAL 215

Motions and Resolutions The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, The President Pro Tempore announced that SCR 133 was attested to by the Secretary, to be transmitted to the Governor before the Senate for final consideration. informing him of the action of the Senate. The Senate advanced to the Eleventh Order of Business. Moved by Senator Davis, seconded by Senator Stennett, that SCR 133 be adopted. The question being, "Shall the resolution Introduction, First Reading, and Reference of Bills, be adopted?" House Petitions, Resolutions, and Memorials Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, S 1401 Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, BY FINANCE COMMITTEE Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, AN ACT McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, APPROPRIATING MONEYS TO THE LEGISLATIVE Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. COUNCIL FOR FISCAL YEAR 2013; EXEMPTING APPROPRIATION OBJECT AND PROGRAM TRANSFER NAYS–None. LIMITATIONS; REAPPROPRIATING CERTAIN UNEXPENDED AND UNENCUMBERED BALANCES; Absent and excused–Andreason, Werk. Total - 2. PROVIDING THAT THE PRESIDENT PRO TEMPORE Total - 35. OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL DIRECT THE STATE Whereupon the President Pro Tempore declared CONTROLLER TO LIMIT THE FUNDS TRANSFER TO THE SCR 133 adopted, title was approved, and the resolution ordered LEGISLATIVE FUND FOR FISCAL YEAR 2013; CREATING transmitted to the House. AND APPROPRIATING THE LEGISLATIVE CAPITOL FACILITIES FUND; AND PROVIDING GUIDANCE FOR EMPLOYEE COMPENSATION AND BENEFITS. The President Pro Tempore announced that the Judiciary and Rules Committee report relative to the Gubernatorial appointment S 1402 of Gary Scheihing was before the Senate for final consideration, BY FINANCE COMMITTEE the question being, "Shall the report be adopted?" AN ACT APPROPRIATING MONEYS TO THE DIVISION OF On motion by Senator Darrington, seconded by FINANCIAL MANAGEMENT FOR FISCAL YEAR 2013; Senator Stennett, the Gubernatorial appointment of Gary LIMITING THE NUMBER OF FULL-TIME EQUIVALENT Scheihing as a member of the Commission on Pardons and POSITIONS; AND PROVIDING GUIDANCE FOR Parole was confirmed by voice vote. EMPLOYEE COMPENSATION AND BENEFITS. The President Pro Tempore declared the report adopted and directed the Secretary of the Senate to prepare a letter of S 1403 the Gubernatorial appointment confirmation for his signature, BY FINANCE COMMITTEE attested to by the Secretary, to be transmitted to the Governor AN ACT informing him of the action of the Senate. APPROPRIATING MONEYS TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR FISCAL YEAR 2013; The President Pro Tempore announced that the Health LIMITING THE NUMBER OF AUTHORIZED FULL-TIME and Welfare Committee report relative to the Gubernatorial EQUIVALENT POSITIONS; AND PROVIDING GUIDANCE appointment of Curt Fransen was before the Senate for final FOR EMPLOYEE COMPENSATION AND BENEFITS. consideration, the question being, "Shall the report be adopted?" S 1401, S 1402, and S 1403 were introduced, read the first On motion by Senator Bock, seconded by Senator Malepeai, time at length, and referred to the Judiciary and Rules Committee the Gubernatorial appointment of Curt Fransen as the Director for printing. of the Department of Environmental Quality was confirmed by voice vote. H 551 , by State Affairs Committee, was introduced, read the first time at length, and referred to the Health and Welfare The President Pro Tempore declared the report adopted Committee. and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, H 542, as amended, by Resources and Conservation attested to by the Secretary, to be transmitted to the Governor Committee, was introduced, read the first time at length, and informing him of the action of the Senate. referred to the Resources and Environment Committee. The President Pro Tempore announced that the Education H 631, as amended, by Ways and Means Committee, was Committee report relative to the Gubernatorial appointment introduced, read the first time at length, and referred to the Health of William H. Goesling was before the Senate for final and Welfare Committee. consideration, the question being, "Shall the report be adopted?" H 619, as amended, by State Affairs Committee, was On motion by Senator Goedde, seconded by introduced, read the first time at length, and referred to the Senator Schmidt, the Gubernatorial appointment of William H. Transportation Committee. Goesling as a member of the State Board of Education was confirmed by voice vote. The Senate advanced to the Twelfth Order of Business. 216 SENATE JOURNAL March 16, 2012]

Second Reading of Bills Roll call resulted as follows: H 376 , by Business Committee, was read the second time at AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, length and filed for third reading. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, H 514 , by Judiciary, Rules, and Administration Committee, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, was read the second time at length and filed for third reading. Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. H 570 , by State Affairs Committee, was read the second time NAYS–None. at length and filed for third reading. Absent and excused–Andreason, Werk. Total - 2. H 502, as amended, by Health and Welfare Committee, was Total - 35. read the second time at length and filed for third reading. Whereupon the President Pro Tempore declared H 569 and H 609 , by State Affairs Committee, were read S 1389 passed, title was approved, and the bill ordered the second time at length and filed for third reading. transmitted to the House. H 519 , by Revenue and Taxation Committee, was read the second time at length and filed for third reading. S 1391 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 603 and H 626 , by Education Committee, were read the Toryanski arose as sponsor of the bill and opened the debate. second time at length and filed for third reading. The question being, "Shall the bill pass?" S 1380, as amended, by Judiciary and Rules Committee, was Roll call resulted as follows: read the second time at length and filed for third reading.

The Senate advanced to the Thirteenth Order of Business. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Third Reading of Bills Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. On request by Senator Davis, granted by unanimous consent, S 1339, as amended, and S 1387 retained their place on the Third NAYS–None. Reading Calendar for one legislative day. Absent and excused–Andreason, Werk. Total - 2.

On request by Senator Davis, granted by unanimous consent, Total - 35. S 1348, as amended, and H 426, as amended in the Senate, Whereupon the President Pro Tempore declared retained their place on the Third Reading Calendar for one S 1391 passed, title was approved, and the bill ordered legislative day. transmitted to the House. S 1388 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1392 was read the third time at length, section by section, Bilyeu arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" Heider arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Andreason, Werk. Total - 2. Absent and excused–Andreason, Werk. Total - 2. Total - 35. Total - 35. Whereupon the President Pro Tempore declared Whereupon the President Pro Tempore declared S 1388 passed, title was approved, and the bill ordered S 1392 passed, title was approved, and the bill ordered transmitted to the House. transmitted to the House.

S 1389 was read the third time at length, section by section, H 622 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair and placed before the Senate for final consideration. Senator arose as sponsor of the bill and opened the debate. The question Mortimer arose as sponsor of the bill and opened the debate. being, "Shall the bill pass?" The question being, "Shall the bill pass?" [March 16, 2012 SENATE JOURNAL 217

Roll call resulted as follows: H 420 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, question being, "Shall the bill pass?" Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Roll call resulted as follows: McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, NAYS–None. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Absent and excused–Andreason, Werk. Total - 2. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President Pro Tempore declared H 622 passed, title was approved, and the bill ordered returned Absent and excused–Andreason, Werk. Total - 2. to the House. Total - 35. H 579 was read the third time at length, section by section, Whereupon the President Pro Tempore declared and placed before the Senate for final consideration. Senator H 420 passed, title was approved, and the bill ordered returned Goedde arose as sponsor of the bill and opened the debate. The to the House. question being, "Shall the bill pass?" Roll call resulted as follows: On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Miscellaneous Business Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, On motion by Senator Davis, seconded by Senator Malepeai, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, by voice vote, the Senate adjourned at 12:05 p.m. until the hour Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. of 9:30 a.m., Monday, March 19, 2012. NAYS–None. BRENT HILL, President Pro Tempore Absent and excused–Andreason, Werk. Total - 2. Attest: JENNIFER NOVAK, Secretary Total - 35. Whereupon the President Pro Tempore declared H 579 passed, title was approved, and the bill ordered returned to the House.

H 541 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows:

AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Winder. Total - 33. NAYS–None. Absent and excused–Andreason, Werk. Total - 2. Total - 35. Whereupon the President Pro Tempore declared H 541 passed, title was approved, and the bill ordered returned to the House. 218 SENATE JOURNAL March 19, 2012]

SENATE JOURNAL March 16, 2012 OF THE The STATE AFFAIRS Committee reports out H 368, as amended, H 452, H 518, H 536, H 553, and H 576 with the IDAHO LEGISLATURE recommendation that they do pass. MCKENZIE, Chairman SECOND REGULAR SESSION SIXTY-FIRST LEGISLATURE H 368, as amended, H 452, H 518, H 536, H 553, and H 576 were filed for second reading. March 16, 2012 The RESOURCES AND ENVIRONMENT Committee SEVENTY-FIRST LEGISLATIVE DAY reports out H 494 and H 608 with the recommendation that they MONDAY, MARCH 19, 2012 do pass. PEARCE, Chairman Senate Chamber H 494 and H 608 were filed for second reading. President Pro Tempore Hill called the Senate to order at 9:30 The Senate advanced to the Seventh Order of Business. a.m. Reports of Special Committees March 16, 2012 Roll call showed all members present except Senators Broadsword, LeFavour, Lodge, Pearce, and Werk, absent and Jennifer Novak excused. Secretary of the Senate Prayer was offered by Chaplain Keith Buhler. Idaho State Senate The Pledge of Allegiance was led by Sarah Webster, Page. Dear Madam Secretary: The Senate advanced to the Third Order of Business. At the request of Senators Malepeai, Bock and Stennett, I have appointed a Committee on Ethics, pursuant to Senate Reading and Correction of the Journal Rule 53, to investigate alleged violation of Senate Rules and/or provisions of law against Senator Monty Pearce. The following The JUDICIARY AND RULES Committee reports that the Senators will serve on this committee: Senate Journal of the proceedings of March 16, 2012, was read and approved as corrected. Senator Dean Mortimer, Chairman DARRINGTON, Chairman Senator Jim Hammond There being no objection, the report was adopted and ordered Senator Bert Brackett filed in the office of the Secretary of the Senate. Senator Elliott Werk On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Senator Diane Bilyeu Reports of Standing Committees Senator Dan Schmidt Please spread the appointment of this committee on the pages March 19, 2012 of the Journal. The JUDICIARY AND RULES Committee reports that Sincerely, S 1401, S 1402, and S 1403 have been correctly printed. /s/ Brent Hill President Pro Tempore DARRINGTON, Chairman S 1401, S 1402, and S 1403 were referred to the Finance The correspondence was ordered filed in the office ofthe Committee. Secretary of the Senate. Senators Werk and Lodge were recorded present at this order On request by Senator Davis, granted by unanimous consent, of business. the Senate advanced to the Ninth Order of Business. March 16, 2012 Messages from the House The FINANCE Committee reports out H 654, H 655, S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, and S 1400 with the March 16, 2012 recommendation that they do pass. Dear Mr. President: CAMERON, Chairman I transmit herewith H 594, as amended, as amended, H 657, H 654, H 655, S 1393, S 1394, S 1396, S 1397, S 1398, H 658, H 659, H 458, H 648, H 651, H 624, H 649, H 664, S 1399, and S 1400 were filed for second reading. H 665, H 647, and H 661 , which have passed the House. [March 19, 2012 SENATE JOURNAL 219

ALEXANDER, Chief Clerk INTERAGENCY PAYMENT FOR JUVENILE DETENTION CLINICIANS CONTRACT; PROVIDING LEGISLATIVE H 594, as amended, as amended, H 657, H 658, H 659, INTENT FOR SUBSTANCE ABUSE TREATMENT H 458, H 648, H 651, H 624, H 649, H 664, H 665, H 647, AND PREVENTION FOR THE STATEWIDE MEDIA and H 661 were filed for first reading. CAMPAIGN ON UNDERAGE DRINKING; PROVIDING March 16, 2012 FOR COURT SERVICES FUND TRANSFERS; DIRECTING AN INTERAGENCY REQUEST FOR PROPOSALS Dear Mr. President: FOR A NEW SUBSTANCE ABUSE TREATMENT AND PREVENTION NETWORK MANAGEMENT AND SERVICE I transmit herewith Enrolled H 464 for the signature of the COORDINATION CONTRACT; AND PROVIDING President. GUIDANCE FOR EMPLOYEE COMPENSATION AND ALEXANDER, Chief Clerk BENEFITS. The President Pro Tempore signed Enrolled H 464 and S 1406 ordered it returned to the House. BY FINANCE COMMITTEE AN ACT March 16, 2012 APPROPRIATING ADDITIONAL MONEYS TO THE Dear Mr. President: DEPARTMENT OF ADMINISTRATION FOR THE INFORMATION TECHNOLOGY PROGRAM FOR FISCAL I return herewith S 1350, S 1351, S 1352, S 1353, S 1354, YEAR 2012; APPROPRIATING ADDITIONAL MONEYS S 1359, S 1361, and S 1367 , which have passed the House. TO THE DEPARTMENT OF ADMINISTRATION FOR THE INSURANCE MANAGEMENT PROGRAM FOR FISCAL ALEXANDER, Chief Clerk YEAR 2012; AUTHORIZING ADDITIONAL FULL-TIME S 1350, S 1351, S 1352, S 1353, S 1354, S 1359, S 1361, EQUIVALENT POSITIONS FOR FISCAL YEAR 2012; and S 1367 were referred to the Judiciary and Rules Committee APPROPRIATING MONEYS TO THE DEPARTMENT for enrolling. OF ADMINISTRATION FOR FISCAL YEAR 2013; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME On request by Senator Davis, granted by unanimous consent, EQUIVALENT POSITIONS; PROVIDING GUIDANCE the Senate advanced to the Eleventh Order of Business. FOR EMPLOYEE COMPENSATION AND BENEFITS; Introduction, First Reading, and Reference of Bills, TRANSFERRING MONEYS FROM THE PERMANENT House Petitions, Resolutions, and Memorials BUILDING FUND; AND DECLARING AN EMERGENCY. S 1404, S 1405, and S 1406 were introduced, read the first S 1404 time at length, and referred to the Judiciary and Rules Committee BY FINANCE COMMITTEE for printing. AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT H 594, as amended, as amended, by Revenue and Taxation OF HEALTH AND WELFARE FOR THE DIVISIONS OF Committee, was introduced, read the first time at length, and SERVICE INTEGRATION, WELFARE, AND MEDICALLY referred to the State Affairs Committee. INDIGENT ADMINISTRATION; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; H 657, H 658, H 659, H 664, and H 665 , by Appropriations PROVIDING FOR GENERAL FUND TRANSFERS TO Committee, were introduced, read the first time at length, and THE COOPERATIVE WELFARE FUND; DIRECTING referred to the Finance Committee. EXPENDITURES FOR TRUSTEE AND BENEFIT PAYMENTS; PROVIDING LEGISLATIVE INTENT FOR H 458 , by Resources and Conservation Committee, was PROGRAM INTEGRITY; REQUIRING THE DIVISION introduced, read the first time at length, and referred to the OF WELFARE TO SUBMIT QUARTERLY FORECAST Resources and Environment Committee. REPORTS; DIRECTING EXPENDITURES FOR HEAD H 648 and H 651 , by Ways and Means Committee, were START APPROPRIATIONS FROM TEMPORARY introduced, read the first time at length, and referred to the ASSISTANCE FOR NEEDY FAMILIES; AND PROVIDING Judiciary and Rules Committee. GUIDANCE FOR EMPLOYEE COMPENSATION AND BENEFITS. H 624 and H 649 , by Ways and Means Committee, were introduced, read the first time at length, and referred to the S 1405 Commerce and Human Resources Committee. BY FINANCE COMMITTEE AN ACT H 647 and H 661 , by Ways and Means Committee, were APPROPRIATING MONEYS TO THE DEPARTMENT introduced, read the first time at length, and referred to the Local OF HEALTH AND WELFARE FOR THE DIVISIONS Government and Taxation Committee. OF MENTAL HEALTH SERVICES, PSYCHIATRIC HOSPITALIZATION, AND SUBSTANCE ABUSE Senator LeFavour was recorded present at this order of TREATMENT AND PREVENTION FOR FISCAL YEAR 2013; business. LIMITING THE NUMBER OF AUTHORIZED FULL-TIME The Senate advanced to the Twelfth Order of Business. EQUIVALENT POSITIONS; PROVIDING FOR GENERAL FUND TRANSFERS TO THE COOPERATIVE WELFARE Second Reading of Bills FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND BENEFIT PAYMENTS; PROVIDING LEGISLATIVE H 607 and H 645 , by State Affairs Committee, were read INTENT FOR PROGRAM INTEGRITY; DIRECTING AN the second time at length and filed for third reading. 220 SENATE JOURNAL March 19, 2012]

H 487 , by Health and Welfare Committee, was read the Roll call resulted as follows: second time at length and filed for third reading. AYES–Andreason, Bair, Brackett, Cameron, Darrington, H 632 , by Ways and Means Committee, was read the second Davis, Fulcher, Heider, Hill, Johnson, Lodge, McKague, time at length and filed for third reading. McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 23. H 593 , by Revenue and Taxation Committee, was read the second time at length and filed for third reading. NAYS–Bilyeu, Bock, Broadsword, Corder, Goedde, Hammond, Keough, LeFavour, Malepeai, Schmidt, Stennett, H 633 , by Education Committee, was read the second time Werk. Total - 12. at length and filed for third reading. Total - 35. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fourteenth Order of Business. Whereupon the President Pro Tempore declared S 1387 passed, title was approved, and the bill ordered transmitted to the House. General Calendar

On request by Senator Davis, granted by unanimous consent, The President Pro Tempore declared the Senate resolved into the Senate returned to the Sixth Order of Business. the Committee of the Whole and called Senator Winder to the Chair to preside during the sitting of the Committee of the Whole. Reports of Standing Committees

Following the adjournment of the Committee of the Whole, March 19, 2012 the President Pro Tempore called the Senate to order. The JUDICIARY AND RULES Committee reports that Report of the Committee of the Whole Senate amendments to H 439, as amended, have been correctly printed. Senator Winder, Chairman of the Committee of the Whole, DARRINGTON, Chairman reported out H 439, as amended, without recommendation, amended as follows: The report was ordered filed in the office of the Secretary of the Senate. SENATE AMENDMENT TO H 439, As Amended AMENDMENT TO SECTION 1 On request by Senator Davis, granted by unanimous consent, On page 3 of the engrossed bill, in line 3, following "who" the Senate advanced to the Eleventh Order of Business. insert: "intentionally shares or recklessly". Introduction, First Reading, and Reference of Bills, The Committee also has S 1282, H 564, as amended, and House Petitions, Resolutions, and Memorials S 1390 under consideration, reports progress, and begs leave to sit again. S 1407 WINDER, Chairman BY STATE AFFAIRS COMMITTEE AN ACT On motion by Senator Winder, seconded by Senator Stennett, RELATING TO THE DEPARTMENT OF COMMERCE; the report was adopted by voice vote. AMENDING SECTION 67-4702, IDAHO CODE, H 439, as amended, as amended in the Senate, was filed TO PROVIDE THAT FOR THE PURPOSES OF for first reading as amended, and the amendments thereto were INTERNATIONAL TRADE, THE DIRECTOR OF THE referred to the Judiciary and Rules Committee for printing. DEPARTMENT OF COMMERCE MAY USE THE TITLE OF SECRETARY OF THE DEPARTMENT; AND DECLARING On request by Senator Davis, granted by unanimous consent, AN EMERGENCY. the Senate returned to the Thirteenth Order of Business. S 1407 was introduced, read the first time at length, and Third Reading of Bills referred to the Judiciary and Rules Committee for printing. H 439, as amended, as amended in the Senate, by Health and On request by Senator Davis, granted by unanimous consent, Welfare Committee, was read the first time at length and filed for S 1339, as amended, retained its place on the Third Reading second reading. Calendar for one legislative day. On request by Senator Davis, granted by unanimous consent, Senators Broadsword and Pearce were recorded present at the Senate returned to the Sixth Order of Business. this order of business.

S 1387 was read the third time at length, section by section, Reports of Standing Committees and placed before the Senate for final consideration. Senator Winder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" March 19, 2012 It was moved by Senator Siddoway that he be excused from The JUDICIARY AND RULES Committee reports that voting on S 1387 , pursuant to Senate Rule 39(A). S 1407 has been correctly printed. Senator Siddoway withdrew his motion. DARRINGTON, Chairman [March 19, 2012 SENATE JOURNAL 221

S 1407 was referred to the State Affairs Committee. Whereupon the President Pro Tempore declared S 1348, as amended, passed, title was approved, and the bill ordered On motion by Senator Davis, seconded by Senator Malepeai, transmitted to the House. by voice vote, the Senate recessed at 12:10 p.m. until the hour of 3 p.m. of this day. Senator Hammond was recorded present at this order of business. RECESS AFTERNOON SESSION H 426, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final The Senate reconvened at 3 p.m., pursuant to recess, consideration. Senator Goedde arose as sponsor of the bill and President Pro Tempore Hill presiding. opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call showed all members present except Senators AYES–Andreason, Bair, Bilyeu, Brackett, Cameron, Corder, Brackett, Cameron, Hammond, Heider, LeFavour, and Pearce, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, absent and excused. Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Prior to recess the Senate was at the Sixth Order of Business, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Reports of Standing Committees. Vick, Winder. Total - 28. March 19, 2012 NAYS–Bock, Broadsword, LeFavour, Malepeai, Schmidt, Stennett, Werk. Total - 7. The STATE AFFAIRS Committee reports out S 1407, H 539, and H 635 with the recommendation that they do pass. Total - 35. MCKENZIE, Chairman Whereupon the President Pro Tempore declared H 426, as amended in the Senate, passed, title was approved, and the bill S 1407, H 539, and H 635 were filed for second reading. ordered returned to the House. March 19, 2012 H 421 was read the third time at length, section by section, The JUDICIARY AND RULES Committee reports that and placed before the Senate for final consideration. Senator S 1350, S 1351, S 1352, S 1353, S 1354, S 1359, S 1361, and Johnson arose as sponsor of the bill and opened the debate. The S 1367 have been correctly enrolled. question being, "Shall the bill pass?" DARRINGTON, Chairman Roll call resulted as follows: The President Pro Tempore signed Enrolled S 1350, S 1351, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1352, S 1353, S 1354, S 1359, S 1361, and S 1367 and ordered Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, them transmitted to the House for the signature of the Speaker. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Senator Brackett was recorded present at this order of Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, business. Vick, Werk, Winder. Total - 34. On request by Senator Davis, granted by unanimous consent, NAYS–None. the Senate advanced to the Thirteenth Order of Business. Absent and excused–Pearce. Total - 1. Third Reading of Bills Total - 35. Senators Cameron, Heider, LeFavour, and Pearce were recorded present at this order of business. Whereupon the President Pro Tempore declared H 421 passed, title was approved, and the bill ordered returned S 1348, as amended, was read the third time at length, section to the House. by section, and placed before the Senate for final consideration. Senator Nuxoll arose as sponsor of the bill and opened the debate. H 422 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bair, Brackett, Cameron, Darrington, Roll call resulted as follows: Davis, Fulcher, Goedde, Heider, Hill, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Tippets, Toryanski, Vick, Winder. Total - 24. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, NAYS–Bilyeu, Bock, Broadsword, Corder, Johnson, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, LeFavour, Malepeai, Schmidt, Stennett, Werk. Total - 10. Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Absent and excused–Hammond. Total - 1. Vick, Werk, Winder. Total - 34. Paired and voting included in roll call: NAYS–None. AYE - Bair NAY - Werk Absent and excused–Pearce. Total - 1. Total - 35. Total - 35. 222 SENATE JOURNAL March 19, 2012]

Whereupon the President Pro Tempore declared Roll call resulted as follows: H 422 passed, title was approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 523, as amended, was read the third time at length, section Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, by section, and placed before the Senate for final consideration. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Senator Schmidt arose as sponsor of the bill and opened the Toryanski, Vick, Werk, Winder. Total - 35. debate. The question being, "Shall the bill pass?" Whereupon the President Pro Tempore declared Pursuant to Senate Rule 39(H), Senator Cameron disclosed H 490 passed, title was approved, and the bill ordered returned a possible conflict of interest under applicable law. to the House.

Roll call resulted as follows: H 636 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Toryanski arose as sponsor of the bill and opened the debate. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, The question being, "Shall the bill pass?" Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Roll call resulted as follows: Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Whereupon the President Pro Tempore declared H 523, as Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, amended, passed, title was approved, and the bill ordered returned Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, to the House. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. H 503 was read the third time at length, section by section, Whereupon the President Pro Tempore declared and placed before the Senate for final consideration. Senator H 636 passed, title was approved, and the bill ordered returned Schmidt arose as sponsor of the bill and opened the debate. The to the House. question being, "Shall the bill pass?"

Roll call resulted as follows: H 638 was read the third time at length, section by section, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, and placed before the Senate for final consideration. Senator Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, LeFavour arose as sponsor of the bill and opened the debate. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, The question being, "Shall the bill pass?" Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Roll call resulted as follows: Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Whereupon the President Pro Tempore declared Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 503 passed, title was approved, and the bill ordered returned Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, to the House. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. H 558 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President Pro Tempore declared Smyser arose as sponsor of the bill and opened the debate. The H 638 passed, title was approved, and the bill ordered returned question being, "Shall the bill pass?" to the House. Roll call resulted as follows: H 637 was read the third time at length, section by section, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, and placed before the Senate for final consideration. Senator Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Bilyeu arose as sponsor of the bill and opened the debate. The Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, question being, "Shall the bill pass?" Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Roll call resulted as follows: Toryanski, Vick, Werk, Winder. Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Whereupon the President Pro Tempore declared Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 558 passed, title was approved, and the bill ordered returned Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, to the House. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. H 490 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President Pro Tempore declared Smyser arose as sponsor of the bill and opened the debate. The H 637 passed, title was approved, and the bill ordered returned question being, "Shall the bill pass?" to the House. [March 19, 2012 SENATE JOURNAL 223

H 641 was read the third time at length, section by section, Whereupon the President declared H 644 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 448 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Darrington arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Toryanski, Vick, Werk, Winder. Total - 35. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Whereupon the President Pro Tempore declared Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, H 641 passed, title was approved, and the bill ordered returned Toryanski, Vick, Werk, Winder. Total - 35. to the House. Whereupon the President declared H 448 passed, title was H 642 was read the third time at length, section by section, approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The H 532 was read the third time at length, section by section, question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Toryanski, Vick, Werk, Winder. Total - 35. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Whereupon the President Pro Tempore declared Toryanski, Vick, Werk, Winder. Total - 35. H 642 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 532 passed, title was approved, and the bill ordered returned to the House. H 643 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator On request by Senator Davis, granted by unanimous consent, Bilyeu arose as sponsor of the bill and opened the debate. The all Senate bills were placed at the head of the Third Reading question being, "Shall the bill pass?" Calendar, followed by House bills. Roll call resulted as follows: On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Miscellaneous Business Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, On motion by Senator Davis, seconded by Senator Malepeai, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, by voice vote, the Senate adjourned at 5:05 p.m. until the hour of Toryanski, Vick, Werk, Winder. Total - 35. 9:30 a.m., Tuesday, March 20, 2012. Whereupon the President Pro Tempore declared BRAD LITTLE, President H 643 passed, title was approved, and the bill ordered returned Attest: JENNIFER NOVAK, Secretary to the House. President Little assumed the Chair. H 644 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. 224 SENATE JOURNAL March 20, 2012]

SENATE JOURNAL The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held OF THE at the Secretary's desk for one legislative day.

IDAHO LEGISLATURE March 19, 2012 SECOND REGULAR SESSION The FINANCE Committee reports out H 657, H 658, SIXTY-FIRST LEGISLATURE H 659, H 664, H 665, S 1401, S 1402, and S 1403 with the recommendation that they do pass. CAMERON, Chairman H 657, H 658, H 659, H 664, H 665, S 1401, S 1402, and SEVENTY-SECOND LEGISLATIVE DAY S 1403 were filed for second reading. TUESDAY, MARCH 20, 2012 Senator Lodge was recorded present at this order of business. Senate Chamber March 19, 2012 President Little called the Senate to order at 9:30 a.m. The STATE AFFAIRS Committee reports out H 572 and H 591 with the recommendation that they do pass. MCKENZIE, Chairman Roll call showed all members present except Senator Brackett, absent and formally excused by the Chair; and Senators H 572 and H 591 were filed for second reading. Bilyeu, Bock, Hammond, Lodge, Malepeai, McKague, Mortimer, Pearce, Schmidt, Stennett and Werk, absent and excused. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Prayer was offered by Chaplain Keith Buhler. Messages from the House The Pledge of Allegiance was led by Ben Stringham, Page. March 19, 2012 The Senate advanced to the Third Order of Business. Dear Mr. President: Reading and Correction of the Journal I transmit herewith H 559, H 414, HCR 49, and HJM 13 , The JUDICIARY AND RULES Committee reports that the which have passed the House. Senate Journal of the proceedings of March 19, 2012, was read and approved as corrected. ALEXANDER, Chief Clerk DARRINGTON, Chairman H 559, H 414, HCR 49, and HJM 13 were filed for first reading. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. March 19, 2012 On request by Senator Davis, granted by unanimous consent, Dear Mr. President: the Senate advanced to the Sixth Order of Business. I transmit herewith Enrolled H 595, H 512, as amended, Reports of Standing Committees H 481, H 556, H 513, H 615, H 616, H 617, H 618, H 516, H 396, H 397, H 399, H 400, H 401, H 621, and H 598 for the March 20, 2012 signature of the President. The JUDICIARY AND RULES Committee reports that ALEXANDER, Chief Clerk S 1404, S 1405, and S 1406 have been correctly printed. The President signed Enrolled H 595, H 512, as amended, DARRINGTON, Chairman H 481, H 556, H 513, H 615, H 616, H 617, H 618, H 516, S 1404, S 1405, and S 1406 were referred to the Finance H 396, H 397, H 399, H 400, H 401, H 621, and H 598 and Committee. ordered them returned to the House. March 19, 2012 March 19, 2012 The EDUCATION Committee reports it has had under Dear Mr. President: consideration the Gubernatorial appointment listed below and I return herewith SCR 133, S 1368, S 1375, S 1376, S 1377, the Committee recommends that said appointment be confirmed S 1381, S 1382, S 1346, S 1384, S 1314, S 1291, S 1298, S 1299, by the Senate: S 1289, S 1290, S 1307, S 1332, S 1340, S 1260, S 1261, S 1262, Milford Terrell to the State Board of Education, term to S 1273, S 1319, S 1323, as amended, and S 1335 , which have expire March 1, 2017. passed the House. GOEDDE, Chairman ALEXANDER, Chief Clerk [March 20, 2012 SENATE JOURNAL 225

SCR 133, S 1368, S 1375, S 1376, S 1377, S 1381, S 1382, H 559 , by Revenue and Taxation Committee, was S 1346, S 1384, S 1314, S 1291, S 1298, S 1299, S 1289, S 1290, introduced, read the first time at length, and referred to the Local S 1307, S 1332, S 1340, S 1260, S 1261, S 1262, S 1273, S 1319, Government and Taxation Committee. S 1323, as amended, and S 1335 were referred to the Judiciary and Rules Committee for enrolling. H 414 , by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the On request by Senator Davis, granted by unanimous consent, Transportation Committee. the Senate advanced to the Eleventh Order of Business. HCR 49 , by Education Committee, was introduced, read at Introduction, First Reading, and Reference of Bills, length, and referred to the Transportation Committee. House Petitions, Resolutions, and Memorials HJM 13 , by State Affairs Committee, was introduced, read at length, and referred to the State Affairs Committee. Senator McKague was recorded present at this order of business. The Senate advanced to the Twelfth Order of Business.

S 1408 Second Reading of Bills BY FINANCE COMMITTEE H 654 and H 655 , by Appropriations Committee, were read AN ACT the second time at length and filed for third reading. RELATING TO APPROPRIATIONS AND TRANSFERS OF IDAHO MILLENNIUM FUNDS; APPROPRIATING S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, and S 1400 , AND TRANSFERRING MONEYS FROM THE IDAHO by Finance Committee, were read the second time at length and MILLENNIUM FUND TO THE IDAHO MILLENNIUM filed for third reading. PERMANENT ENDOWMENT FUND FOR FISCAL YEAR 2012; APPROPRIATING AND TRANSFERRING MONEYS H 368, as amended, by Transportation and Defense FROM THE IDAHO MILLENNIUM FUND TO THE Committee, was read the second time at length and filed for third IDAHO MILLENNIUM INCOME FUND FOR FISCAL reading. YEAR 2012; APPROPRIATING ADDITIONAL MONEYS H 452 , by State Affairs Committee, was read the second time TO THE STATE TREASURER FOR FISCAL YEAR 2012; at length and filed for third reading. APPROPRIATING MONEYS TO THE DEPARTMENT OF CORRECTION FOR THE COMMUNITY-BASED H 518 , by Revenue and Taxation Committee, was read the SUBSTANCE ABUSE TREATMENT SERVICES PROGRAM second time at length and filed for third reading. FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE SUPREME COURT FOR THE COMMUNITY-BASED H 536, H 553, and H 576 , by State Affairs Committee, were SUBSTANCE ABUSE TREATMENT SERVICES PROGRAM read the second time at length and filed for third reading. FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO H 494 , by Resources and Conservation Committee, was read THE STATE TREASURER FOR DISTRIBUTION TO THE the second time at length and filed for third reading. AMERICAN LUNG ASSOCIATION FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE DEPARTMENT H 608 , by State Affairs Committee, was read the second time OF HEALTH AND WELFARE FOR THE WOMEN'S at length and filed for third reading. HEALTH CHECK PROGRAM FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE STATE TREASURER H 439, as amended, as amended in the Senate, by Health and FOR DISTRIBUTION TO THE ALLUMBAUGH HOUSE FOR Welfare Committee, was read the second time at length and filed FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE for third reading. STATE TREASURER FOR DISTRIBUTION TO THE BOYS S 1407 , by State Affairs Committee, was read the second AND GIRLS CLUBS OF IDAHO FOR FISCAL YEAR 2013; time at length and filed for third reading. APPROPRIATING MONEYS TO THE STATE TREASURER FOR DISTRIBUTION TO THE IDAHO METH PROJECT H 539 , by Business Committee, was read the second time at FOR FISCAL YEAR 2013; APPROPRIATING MONEYS length and filed for third reading. TO THE STATE TREASURER FOR DISTRIBUTION TO H 635 , by Ways and Means Committee, was read the second THE IDAHO DRUG FREE YOUTH PROGRAM FOR time at length and filed for third reading. FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE PUBLIC HEALTH DISTRICTS FOR THE PUBLIC Senators Bilyeu, Bock, Hammond, Malepeai, Mortimer, HEALTH DISTRICT MILLENNIUM FUND CESSATION Schmidt, Stennett, and Werk were recorded present at this order PROGRAM FOR FISCAL YEAR 2013; APPROPRIATING of business. MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE PHYSICAL HEALTH SERVICES On request by Senator Davis, granted by unanimous consent, PROGRAM FOR FISCAL YEAR 2013; APPROPRIATING the Senate returned to the Ninth Order of Business. MONEYS TO THE IDAHO STATE POLICE FOR TOBACCO Messages from the House PERMITTEE COMPLIANCE INSPECTIONS FOR FISCAL YEAR 2013; PROVIDING THAT CERTAIN UNEXPENDED March 19, 2012 AND UNENCUMBERED MONEYS SHALL REVERT TO THE IDAHO MILLENNIUM INCOME FUND AT THE Dear Mr. President: END OF FISCAL YEAR 2013; AND DECLARING AN I return herewith S 1243, as amended in the House, as EMERGENCY. amended in the House, and S 1269, as amended in the House, S 1408 was introduced, read the first time at length, and which have passed the House. referred to the Judiciary and Rules Committee for printing. ALEXANDER, Chief Clerk 226 SENATE JOURNAL March 20, 2012]

On request by Senator Hammond, granted by unanimous H 522, as amended, was read the third time at length, section consent, S 1243, as amended in the House, as amended in the by section, and placed before the Senate for final consideration. House, was referred to the Tenth Order of Business, Motions Senator Vick arose as sponsor of the bill and opened the debate. and Resolutions, for consideration as to possible concurrence in The question being, "Shall the bill pass?" the House amendments. Roll call resulted as follows: On request by Senator Bock, granted by unanimous consent, the Senate did not concur in the House amendments to S 1269, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, as amended in the House. Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, S 1269, as amended in the House, was ordered filed in the Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, office of the Secretary of the Senate. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Senator Brackett was recorded present at this order of business. NAYS–None. The Senate advanced to the Tenth Order of Business. Absent and excused–Brackett, Pearce. Total - 2. Motions and Resolutions Total - 35. Whereupon the President declared H 522, as The President announced that the House amendments to amended, passed, title was approved, and the bill ordered S 1243, as amended in the House, as amended in the House, were returned to the House. before the Senate for consideration as to possible concurrence, the question being, "Shall the Senate concur in the House H 386, as amended, was read the third time at length, section amendments to S 1243, as amended in the House, as amended by section, and placed before the Senate for final consideration. in the House?" Senator Goedde arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On request by Senator Hammond, granted by unanimous consent, the Senate concurred by voice vote in the House Roll call resulted as follows: amendments to S 1243, as amended in the House, as amended in the House. AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, S 1243, as amended in the House, as amended in the Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, House, was referred to the Judiciary and Rules Committee for Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, engrossing. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. NAYS–None. Third Reading of Bills Absent and excused–Brackett, Pearce. Total - 2. Total - 35. On request by Senator Davis, granted by unanimous consent, S 1339, as amended, was recommitted to the Judiciary and Rules Whereupon the President declared H 386, as Committee. amended, passed, title was approved, and the bill ordered returned to the House. S 1380, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. On request by Senator Fulcher, granted by unanimous Senator Mortimer arose as sponsor of the bill and opened the consent, H 588 retained its place on the Third Reading Calendar debate. The question being, "Shall the bill pass?" for one legislative day. Roll call resulted as follows: H 549 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Schmidt arose as sponsor of the bill and opened the debate. The Cameron, Corder, Darrington, Davis, Fulcher, Goedde, question being, "Shall the bill pass?" Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Roll call resulted as follows: Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Werk, Winder. Total - 33. Cameron, Corder, Darrington, Davis, Fulcher, Goedde, NAYS–None. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Absent and excused–Brackett, Pearce. Total - 2. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President declared S 1380, as amended, passed, title was approved, and the bill ordered Absent and excused–Brackett, Pearce. Total - 2. transmitted to the House. [March 20, 2012 SENATE JOURNAL 227

Total - 35. H 582 was read the third time at length, section by section, and placed before the Senate for final consideration. President Pro Whereupon the President declared H 549 passed, title was Tempore Hill arose as sponsor of the bill and opened the debate. approved, and the bill ordered returned to the House. The question being, "Shall the bill pass?" H 550 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, question being, "Shall the bill pass?" Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Roll call resulted as follows: Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Werk, Winder. Total - 33. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, NAYS–None. Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Absent and excused–Brackett, Pearce. Total - 2. Werk, Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President declared H 582 passed, title was Absent and excused–Brackett, Pearce. Total - 2. approved, and the bill ordered returned to the House. Total - 35. H 491, as amended, was read the third time at length, section Whereupon the President declared H 550 passed, title was by section, and placed before the Senate for final consideration. approved, and the bill ordered returned to the House. Senator McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 590 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Roll call resulted as follows: Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Werk, Winder. Total - 33. Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, NAYS–None. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Absent and excused–Brackett, Pearce. Total - 2. NAYS–None. Total - 35. Absent and excused–Brackett, Pearce. Total - 2. Whereupon the President declared H 491, as amended, passed, title was approved, and the bill ordered Total - 35. returned to the House. Whereupon the President declared H 590 passed, title was Senator Pearce was recorded present at this order of business. approved, and the bill ordered returned to the House. H 376 was read the third time at length, section by section, H 604 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Vick and placed before the Senate for final consideration. Senator arose as sponsor of the bill and opened the debate. The question Goedde arose as sponsor of the bill and opened the debate. The being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, AYES–Andreason, Bair, Cameron, Darrington, Fulcher, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Goedde, Hammond, Heider, Keough, Lodge, McKague, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Vick, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Winder. Total - 19. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, NAYS–Bilyeu, Bock, Broadsword, Corder, Davis, Hill, Werk, Winder. Total - 33. Johnson, LeFavour, Malepeai, McKenzie, Schmidt, Stennett, NAYS–None. Tippets, Toryanski, Werk. Total - 15. Absent and excused–Brackett, Pearce. Total - 2. Absent and excused–Brackett. Total - 1. Total - 35. Total - 35. Whereupon the President declared H 604 passed, title was Whereupon the President declared H 376 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. 228 SENATE JOURNAL March 20, 2012]

H 514 was read the third time at length, section by section, S 1243, as amended in the House, as amended in the House, and placed before the Senate for final consideration. Senator was filed for first reading. Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" March 20, 2012 Roll call resulted as follows: The COMMERCE AND HUMAN RESOURCES Committee reports out H 613 and S 1395 with the AYES–Bair, Cameron, Darrington, Davis, Hammond, Hill, recommendation that they do pass. Keough, Lodge, McKague, Mortimer, Vick, Winder. Total - 12. ANDREASON, Chairman NAYS–Andreason, Bilyeu, Bock, Broadsword, Corder, Fulcher, Goedde, Heider, Johnson, LeFavour, Malepeai, H 613 and S 1395 were filed for second reading. McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, March 20, 2012 Stennett, Tippets, Toryanski, Werk. Total - 22. The TRANSPORTATION Committee reports out S 1372 and Absent and excused–Brackett. Total - 1. H 619, as amended, with the recommendation that they do pass. Total - 35. HAMMOND, Chairman Whereupon the President declared that H 514 had failed to pass the Senate and ordered the bill returned to the House. S 1372 and H 619, as amended, were filed for second reading. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. March 20, 2012 Reports of Standing Committees The TRANSPORTATION Committee reports it has had under consideration the Gubernatorial appointment listed below On motion by Senator Davis, seconded by Senator Malepeai, and the Committee recommends that said appointment be by voice vote, the Senate recessed at 12:15 p.m. until the hour of confirmed by the Senate: 3:15 p.m. of this day. Julie D. DeLorenzo to the Idaho Transportation Board, term RECESS to expire January 30, 2015. AFTERNOON SESSION HAMMOND, Chairman The Senate reconvened at 3:15 p.m., pursuant to recess, President Little presiding. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Roll call showed all members present except President Pro On request by Senator Davis, granted by unanimous consent, Tempore Hill and Senators Fulcher, LeFavour, Mortimer, and the Senate advanced to the Fourteenth Order of Business. Vick, absent and excused. Senator LeFavour was recorded present at this order of Prior to recess the Senate was at the Sixth Order of Business, business. Reports of Standing Committees. General Calendar March 20, 2012 The President declared the Senate resolved into the The JUDICIARY AND RULES Committee reports that Committee of the Whole and called Senator Winder to the Chair S 1260, S 1261, S 1262, S 1273, S 1289, S 1290, S 1291, S 1298, to preside during the sitting of the Committee of the Whole. S 1299, S 1307, S 1314, S 1319, S 1323, as amended, S 1332, S 1335, S 1340, S 1346, S 1368, S 1375, S 1376, S 1377, S 1381, Following the adjournment of the Committee of the Whole, S 1382, S 1384, and SCR 133 have been correctly enrolled. the President called the Senate to order. DARRINGTON, Chairman Report of the Committee of the Whole The President signed Enrolled S 1260, S 1261, S 1262, Senator Winder, Chairman of the Committee of the Whole, S 1273, S 1289, S 1290, S 1291, S 1298, S 1299, S 1307, S 1314, reported out S 1390 , without recommendation, amended as S 1319, S 1323, as amended, S 1332, S 1335, S 1340, S 1346, follows: S 1368, S 1375, S 1376, S 1377, S 1381, S 1382, S 1384, and SCR 133 and ordered them transmitted to the House for the SENATE AMENDMENT TO S 1390 signature of the Speaker. AMENDMENT TO SECTION 1 Senators Fulcher, Mortimer, and Vick were recorded present On page 2 of the printed bill, following line 9, insert: at this order of business. "(g) "Group master policy" means an insurance policy that provides coverage to eligible persons on a group basis March 20, 2012 through a group insurance program."; The JUDICIARY AND RULES Committee reports that and in line 28, following "development" insert: "(ACORD)". S 1243, as amended in the House, as amended in the House, has On page 3, following line 27, insert: been correctly engrossed. "(16) This section shall not apply to any certificate of insurance prepared and/or issued by an insurer pursuant to DARRINGTON, Chairman any federal law, rule or regulation, or any other law, rule or [March 20, 2012 SENATE JOURNAL 229 regulation of this state, in which the specific content and form Roll call showed all members present except President Pro of said certificate is enumerated therein, or a certificate issued Tempore Hill and Senator Cameron, absent and excused. to a person or entity that has purchased coverage under a group master policy.". The President directed the Sergeant at Arms to find and present President Pro Tempore Hill and Senator Cameron to the Senate. AMENDMENT TO SECTION 2 On page 3, in line 36, delete "or en-" and insert: ", or President Pro Tempore Hill and Senator Cameron were the en-"; delete line 37, and insert: "dorsement, or the policy recorded present. expiration, whichever is shortest, with respect to which it was On request by Senator Darrington, granted by unanimous given, or beyond". consent, the Call was lifted. CORRECTION TO TITLE S 1407 was read the third time at length, section by section, On page 1, delete line 25, and insert: "IMPOSE PENALTIES and placed before the Senate for final consideration. Senator OR REMEDIES, TO PROVIDE FOR RULES AND TO McKenzie arose as sponsor of the bill and opened the debate. PROVIDE THAT THIS SECTION SHALL NOT APPLY TO The question being, "Shall the bill pass?" CERTAIN CERTIFICATES; AMENDING SECTION".

The Committee also has S 1282 and H 564, as amended, Roll call resulted as follows: under consideration, reports progress, and begs leave to sit again. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, WINDER, Chairman Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, On motion by Senator Winder, seconded by Senator Stennett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, the report was adopted by voice vote. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, S 1390, as amended, was referred to the Judiciary and Rules Toryanski, Vick, Werk, Winder. Total - 35. Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. Whereupon the President declared S 1407 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Thirteenth Order of Business. H 570 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Third Reading of Bills Nuxoll arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Motion to Suspend Rules Roll call resulted as follows: Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1407 be suspended; that the portions of Section 15, Article 3, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, of the Constitution of the State of Idaho requiring all bills to be Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, read on three several days be dispensed with, this being a case of Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, urgency, and that S 1407 be read the third time at length, section Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, by section, and be put upon its final passage. The question being, Toryanski, Vick, Werk, Winder. Total - 35. "Shall the rules be suspended?" Whereupon the President declared H 570 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, H 502, as amended, was read the third time at length, section Hammond, Heider, Johnson, Keough, LeFavour, Lodge, by section, and placed before the Senate for final consideration. Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Senator Schmidt arose as sponsor of the bill and opened the Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, debate. The question being, "Shall the bill pass?" Vick, Werk, Winder. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Absent and excused–Cameron, Hill. Total - 2. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Total - 35. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, More than two-thirds having voted in the affirmative, the Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, President declared the rules suspended. Toryanski, Vick, Werk, Winder. Total - 35. Call of the Senate was requested by Senator Darrington. Whereupon the President declared H 502, as Senators Davis, Winder and Fulcher rose in support of the call. amended, passed, title was approved, and the bill ordered returned to the House. Whereupon the President ordered the doorkeepers to lock the doors permitting no Senator to leave the Senate Chamber. The Sergeant at Arms was instructed to find and present any absent H 569 was read the third time at length, section by section, members to the Senate. and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" 230 SENATE JOURNAL March 20, 2012]

Roll call resulted as follows: The report was ordered filed in the office of the Secretary of the Senate. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, March 20, 2012 Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, The JUDICIARY AND RULES Committee reports that Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, S 1390, as amended, has been correctly engrossed. Toryanski, Vick, Werk, Winder. Total - 35. DARRINGTON, Chairman Whereupon the President declared H 569 passed, title was approved, and the bill ordered returned to the House. S 1390, as amended, was filed for first reading. H 609 was read the third time at length, section by section, On request by Senator Davis, granted by unanimous consent, and placed before the Senate for final consideration. Senator the Senate advanced to the Eleventh Order of Business. Lodge arose as sponsor of the bill and opened the debate. The Introduction, First Reading, and Reference of Bills, question being, "Shall the bill pass?" House Petitions, Resolutions, and Memorials Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1243, as amended in the House, as amended in the House, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, by Transportation Committee, was read the first time at length Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, and filed for second reading. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, S 1390, as amended, by Judiciary and Rules Committee, was Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, read the first time at length and filed for second reading. Toryanski, Vick, Werk, Winder. Total - 35. On request by Senator Davis, granted by unanimous consent, Whereupon the President declared H 609 passed, title was the Senate advanced to the Fifteenth Order of Business. approved, and the bill ordered returned to the House. Miscellaneous Business H 519 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The On motion by Senator Davis, seconded by Senator Malepeai, question being, "Shall the bill pass?" by voice vote, the Senate adjourned at 5:10 p.m. until the hour of 11 a.m., Wednesday, March 21, 2012. Pursuant to Senate Rule 39(H), Senators Heider, Mortimer, Winder, and Fulcher disclosed a possible conflict of interest under BRAD LITTLE, President applicable law. Attest: JENNIFER NOVAK, Secretary Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Siddoway, Smyser, Toryanski, Vick, Werk, Winder. Total - 28. NAYS–Broadsword, Johnson, LeFavour, Mortimer, Schmidt, Stennett, Tippets. Total - 7. Total - 35. Whereupon the President declared H 519 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the Senate, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 20, 2012 The JUDICIARY AND RULES Committee reports that Senate amendments to S 1390 have been correctly printed. DARRINGTON, Chairman [March 21, 2012 SENATE JOURNAL 231

SENATE JOURNAL March 21, 2012 OF THE The JUDICIARY AND RULES Committee reports that S 1408 has been correctly printed. IDAHO LEGISLATURE DARRINGTON, Chairman SECOND REGULAR SESSION S 1408 was referred to the Finance Committee. SIXTY-FIRST LEGISLATURE March 20, 2012 The FINANCE Committee reports out S 1404, S 1405, and S 1406 with the recommendation that they do pass. SEVENTY-THIRD LEGISLATIVE DAY WEDNESDAY, MARCH 21, 2012 CAMERON, Chairman S 1404, S 1405, and S 1406 were filed for second reading. Senate Chamber President Little called the Senate to order at 11 a.m. March 20, 2012 The TRANSPORTATION Committee reports out H 583 with the recommendation that it do pass. Roll call showed all members present except Senators LeFavour, and Pearce, absent and excused. HAMMOND, Chairman Prayer was offered by Chaplain Keith Buhler. H 583 was filed for second reading. The Pledge of Allegiance was led by Alexa Woodland, Page. The Senate advanced to the Third Order of Business. March 20, 2012 The LOCAL GOVERNMENT AND TAXATION Reading and Correction of the Journal Committee reports out H 653 with the recommendation that it do pass, and with the recommendation that it be placed on the Consent Calendar. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 20, 2012, was read CORDER, Chairman and approved as corrected. H 653 was filed for second reading. DARRINGTON, Chairman

There being no objection, the report was adopted and ordered March 20, 2012 filed in the office of the Secretary of the Senate. The LOCAL GOVERNMENT AND TAXATION Senator Pearce was recorded present at this order of business. Committee reports out H 515, as amended, H 584, as amended, On request by Senator Davis, granted by unanimous consent, and H 634 with the recommendation that they do pass. the Senate advanced to the Tenth Order of Business. CORDER, Chairman

Motions and Resolutions H 515, as amended, H 584, as amended, and H 634 were filed for second reading.

At this time Senator Davis arose on a point of personal privilege to announce that a distinguished visitor had arrived, March 20, 2012 and the President appointed Senator Andreason, Chairman and Senators McKague, and Bock to escort the Consul General The HEALTH AND WELFARE Committee reports out of Canada, Denis Stevens, into the Senate Chamber where he H 551 and H 631, as amended, with the recommendation that addressed the members of the Senate. they do pass. The President thanked Consul General Stevens for his LODGE, Chairman remarks and Senators Andreason, McKague, and Bock escorted him from the Chamber, and the Committee was discharged. H 551 and H 631, as amended, were filed for second reading. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. March 21, 2012 The STATE AFFAIRS Committee reports out S 1383 with Reports of Standing Committees the recommendation that it be referred to the Fourteenth Order of Business for amendment. Senator LeFavour was recorded present at this order of business. MCKENZIE, Chairman 232 SENATE JOURNAL March 21, 2012]

There being no objection, S 1383 was referred to the On request by Senator Hammond, granted by unanimous Fourteenth Order of Business, General Calendar. consent, S 1274, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions, for consideration as to possible concurrence in the House March 21, 2012 amendments. The STATE AFFAIRS Committee reports out H 443, H 479, March 20, 2012 as amended, H 577, H 599, HJM 13, and HCR 46 with the recommendation that they do pass. Dear Mr. President: MCKENZIE, Chairman I return herewith S 1360 , which has passed the House. H 443, H 479, as amended, H 577, and H 599 were filed for ALEXANDER, Chief Clerk second reading. S 1360 was referred to the Judiciary and Rules Committee HJM 13 and HCR 46 were referred to the Tenth Order for enrolling. of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. March 20, 2012 On request by Senator Davis, granted by unanimous consent, Dear Mr. President: the Senate advanced to the Eighth Order of Business. I transmit herewith Enrolled H 622, H 579, H 541, and Messages from the Governor H 420 for the signature of the President. March 20, 2012 ALEXANDER, Chief Clerk The Honorable Brad Little The President signed Enrolled H 622, H 579, H 541, and President of the Senate H 420 and ordered them returned to the House. Idaho Legislature March 20, 2012 Dear Mr. President: Dear Mr. President: I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate I return herewith Enrolled S 1350, S 1351, S 1352, S 1353, Bills, to wit: S 1354, S 1359, S 1361, S 1367, S 1260, S 1261, S 1262, S 1273, S 1289, S 1290, S 1291, S 1298, S 1299, S 1307, S 1314, S 1319, S 1214, S 1215, as amended, S 1265, S 1266, S 1323, as amended, S 1332, S 1335, S 1340, S 1346, S 1368, S 1292, S 1312, S 1226, S 1227, S 1228, S 1375, S 1376, S 1377, S 1381, S 1382, and S 1384 , which S 1259, S 1272, S 1225, S 1232, S 1236, have been signed by the Speaker. S 1268, S 1277, as amended, S 1278, S 1301, and S 1324 ALEXANDER, Chief Clerk As Always - Idaho, Esto Perpetua Enrolled S 1350, S 1351, S 1352, S 1353, S 1354, S 1359, /s/ C.L. "Butch" Otter S 1361, S 1367, S 1260, S 1261, S 1262, S 1273, S 1289, S 1290, Governor of Idaho S 1291, S 1298, S 1299, S 1307, S 1314, S 1319, S 1323, as amended, S 1332, S 1335, S 1340, S 1346, S 1368, S 1375, The correspondence was ordered filed in the office ofthe S 1376, S 1377, S 1381, S 1382, and S 1384 were referred to Secretary of the Senate. the Judiciary and Rules Committee for transmittal to the Office of the Governor. The Senate advanced to the Ninth Order of Business. March 21, 2012 Messages from the House Dear Mr. President: March 20, 2012 I return herewith Enrolled SCR 133 , which has been signed Dear Mr. President: by the Speaker. I transmit herewith H 668, H 669, H 674, H 675, H 676, ALEXANDER, Chief Clerk H 677, H 678, H 679, H 680, H 681, H 486, as amended, as amended, H 639, as amended, and H 628, as amended, which Enrolled SCR 133 was referred to the Judiciary and Rules have passed the House. Committee for transmittal to the Office of the Secretary of State. ALEXANDER, Chief Clerk The Senate advanced to the Tenth Order of Business. H 668, H 669, H 674, H 675, H 676, H 677, H 678, H 679, Motions and Resolutions H 680, H 681, H 486, as amended, as amended, H 639, as amended, and H 628, as amended, were filed for first reading. The President announced that the Education Committee report relative to the Gubernatorial reappointment of Milford March 20, 2012 Terrell was before the Senate for final consideration, the question Dear Mr. President: being, "Shall the report be adopted?" I return herewith S 1274, as amended in the House, which On motion by Senator Winder, seconded by has passed the House. Senator Malepeai, the Gubernatorial reappointment of Milford Terrell as a member of the State Board of Education was ALEXANDER, Chief Clerk confirmed by voice vote. [March 21, 2012 SENATE JOURNAL 233

The President declared the report adopted and directed the personnel file. The former employee shall be provided a Secretary of the Senate to prepare a letter of the Gubernatorial copy of the documents and written notice of the inclusion of reappointment confirmation for his signature, attested to bythe the information in the personnel file to the former employee's Secretary, to be transmitted to the Governor informing him of the last known address. The former employee shall be permitted action of the Senate. the opportunity to file a rebuttal to the new documents placed into the personnel file. If an ongoing personnel The President announced that the Transportation Committee investigation was taking place, the contents of the district's report relative to the Gubernatorial appointment of Julie D. investigative file shall be forwarded to the professional DeLorenzo was before the Senate for final consideration, the standards commission when the district submits the report question being, "Shall the report be adopted?" required pursuant to section 33-1208A, Idaho Code.". On motion by Senator Winder, seconded by Senator Stennett, On page 6, delete lines 5 through 19, and insert: the Gubernatorial appointment of Julie D. DeLorenzo as a "(7) School districts may employ applicants on a member of the Idaho Transportation Board was confirmed by conditional basis pending the district's review of information voice vote. obtained under this section noncontracted provisional basis pursuant to the provisions of this section. Once the prior employer The President declared the report adopted and directed the personnel performance materials have arrived for an individual Secretary of the Senate to prepare a letter of the Gubernatorial provisionally hired, the district must review the documents appointment confirmation for his signature, attested to bythe within thirty (30) days of receipt. A standard certificated contract Secretary, to be transmitted to the Governor informing him of shall automatically be issued at the end of the thirty (30) day the action of the Senate. review period unless, prior to the expiration of the thirty (30) day period, the board articulates in writing the specific information The President announced that the House amendments to received pursuant to subsection (2)(a) of this section, which S 1274, as amended in the House, were before the Senate for justifies the decision not to issue a standard contract. The reason consideration as to possible concurrence, the question being, articulated in this decision must derive only from the documents "Shall the Senate concur in the House amendments to S 1274, received in the personnel file and cannot be based upon any as amended in the House?" event that has occurred during the status as a noncontracted provisional certified professional employee. Prior to issuing a On request by Senator Hammond, granted by unanimous standard certificated contract or prior to the decision not toissue consent, the Senate concurred by voice vote in the House a standard certificated contract, or upon the expiration of the amendments to S 1274, as amended in the House. thirty (30) day period, an individual employed as a noncontracted S 1274, as amended in the House, was referred to the provisional certificated professional employee shall be provided Judiciary and Rules Committee for engrossing. with the same compensation and benefits as if the employee had been employed on a standard certificated contract. When On request by Senator Davis, granted by unanimous consent, requests are sent to out-of-state employers under subsection". the Senate advanced to the Fourteenth Order of Business.

CORRECTION TO TITLE General Calendar On page 1, delete lines 13 and 14, and insert: "PROVISIONS RELATING TO A HIRING DISTRICT'S The President declared the Senate resolved into the REQUEST, TO REMOVE LANGUAGE RELATING TO Committee of the Whole and called Senator Winder to the Chair SCHOOL DISTRICTS' EMPLOYMENT OF APPLICANTS to preside during the sitting of the Committee of the Whole. ON A CONDITIONAL BASIS, TO PROVIDE THAT SCHOOL DISTRICTS MAY EMPLOY APPLICANTS ON A Following the adjournment of the Committee of the Whole, NONCONTRACTED PROVISIONAL BASIS, TO PROVIDE the President called the Senate to order. FOR". Report of the Committee of the Whole SENATE AMENDMENT TO S 1383 AMENDMENT TO SECTION 1 Senator Winder, Chairman of the Committee of the On page 1 of the printed bill, in line 29, following Whole, reported out H 564, as amended, and S 1383 , without "aqueducts" insert: ", while responsible for their own acts or recommendation, amended as follows: omissions,"; and in line 35, following "phenomenon." insert: "The provisions of this section shall not be construed to impair SENATE AMENDMENT TO H 564, As Amended any defense that an owner or constructor of a ditch, canal, works AMENDMENT TO SECTION 2 or other aqueduct may assert in a civil action.". On page 5 of the engrossed bill, delete lines 3 and 4, and insert: AMENDMENT TO SECTION 2 "tation due to a voluntary separation from employment or the On page 2, in line 10, following "aqueducts" insert: ", while employee's refusal to sign such documents, relating to the responsible for their own acts or omissions,". job performance by the applicant; and . Upon separation of employment, all documents from any other file, including an CORRECTION TO TITLE investigative file, shall be moved into the personnel file. The On page 1, in line 5, delete "OWNERS AND" and insert: requirement to submit investigative files to the personnel "OWNERS,"; and in line 7, following "INJURIES" insert: file shall not be construed to be a waiver of the attorney "AND TO PROVIDE THAT SPECIFIED LAW SHALL NOT client privilege. Names of any student, fellow employee BE CONSTRUED TO IMPAIR ANY DEFENSE THAT AN or complainant, other than the employee's administrative OWNER OR CONSTRUCTOR OF A DITCH, CANAL, supervisor or administrative author shall be redacted from WORKS OR OTHER AQUEDUCT MAY ASSERT IN A CIVIL investigative file documents prior to placement inthe ACTION". 234 SENATE JOURNAL March 21, 2012]

The Committee also has S 1282 under consideration, reports HCR 49 was referred to the Tenth Order of Business, progress, and begs leave to sit again. Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. WINDER, Chairman March 21, 2012 On motion by Senator Winder, seconded by Senator Stennett, the report was adopted by voice vote. The JUDICIARY AND RULES Committee reports out H 648 and H 651 with the recommendation that they do pass. S 1383 was referred to the Judiciary and Rules Committee for engrossing and the amendments thereto were referred to the DARRINGTON, Chairman Judiciary and Rules Committee for printing. H 648 and H 651 were filed for second reading. H 564, as amended, was filed for first reading as amended, and the amendments thereto were referred to the Judiciary and On request by Senator Davis, granted by unanimous consent, Rules Committee for printing. the Senate advanced to the Ninth Order of Business. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Messages from the House Reports of Standing Committees March 21, 2012 On motion by Senator Davis, seconded by Senator Malepeai, Dear Mr. President: by voice vote, the Senate recessed at 12:05 p.m. until the hour of I return herewith S 1388, S 1389, S 1391, S 1392, S 1338, 3 p.m. of this day. S 1341, S 1231, as amended, S 1313, S 1327, S 1328, S 1329, RECESS S 1356, as amended, S 1321, as amended, S 1337, as amended, AFTERNOON SESSION S 1286, S 1304, and S 1255, as amended, as amended, which have passed the House. The Senate reconvened at 3 p.m., pursuant to recess, President Little presiding. ALEXANDER, Chief Clerk S 1388, S 1389, S 1391, S 1392, S 1338, S 1341, S 1231, as amended, S 1313, S 1327, S 1328, S 1329, S 1356, as amended, Roll call showed all members present except Senator Corder, S 1321, as amended, S 1337, as amended, S 1286, S 1304, and absent and excused. S 1255, as amended, as amended, were referred to the Judiciary and Rules Committee for enrolling. Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees. March 21, 2012 March 21, 2012 Dear Mr. President: The JUDICIARY AND RULES Committee reports that I transmit herewith Enrolled H 421, H 422, H 523, as Senate amendments to H 564, as amended, and S 1383 have amended, H 503, H 558, H 490, H 636, H 638, H 637, H 641, been correctly printed. H 642, H 643, H 644, H 448, H 532, H 450, as amended in the Senate, H 457, as amended in the Senate, and H 511, as DARRINGTON, Chairman amended, as amended in the Senate, for the signature of the The report was ordered filed in the office of the Secretary of President. the Senate. ALEXANDER, Chief Clerk March 21, 2012 The President signed Enrolled H 421, H 422, H 523, as The JUDICIARY AND RULES Committee reports that amended, H 503, H 558, H 490, H 636, H 638, H 637, H 641, S 1274, as amended in the House, and S 1383, as amended, have H 642, H 643, H 644, H 448, H 532, H 450, as amended in been correctly engrossed. the Senate, H 457, as amended in the Senate, and H 511, as amended, as amended in the Senate, and ordered them returned DARRINGTON, Chairman to the House. S 1274, as amended in the House, and S 1383, as amended, Senator Corder was recorded present at this order of were filed for first reading. business. March 21, 2012 On request by Senator Davis, granted by unanimous consent, The TRANSPORTATION Committee reports out H 414 with the Senate advanced to the Eleventh Order of Business. the recommendation that it do pass. HAMMOND, Chairman Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials H 414 was filed for second reading. S 1409 March 21, 2012 BY FINANCE COMMITTEE The TRANSPORTATION Committee reports out AN ACT HCR 49 with the recommendation that it do pass. APPROPRIATING MONEYS TO THE DEPARTMENT OF COMMERCE FOR FISCAL YEAR 2013; LIMITING HAMMOND, Chairman THE NUMBER OF FULL-TIME EQUIVALENT [March 21, 2012 SENATE JOURNAL 235

POSITIONS; PROVIDING GUIDANCE FOR EMPLOYEE APPROPRIATIONS AMONG FIVE DIVISIONS OF THE COMPENSATION AND BENEFITS; AND PROVIDING EDUCATIONAL SUPPORT PROGRAM; PROVIDING LEGISLATIVE INTENT FOR THE IDAHO GLOBAL NON-GENERAL FUND REAPPROPRIATION FOR FISCAL ENTREPRENEURIAL MISSION. YEAR 2013; AND DECLARING AN EMERGENCY.

S 1410 S 1409 and S 1410 were introduced, read the first time at BY FINANCE COMMITTEE length, and referred to the Judiciary and Rules Committee for AN ACT printing. RELATING TO PUBLIC SCHOOLS; PROVIDING A H 564, as amended, as amended in the Senate, by Education NON-GENERAL FUND SUPPLEMENTAL APPROPRIATION Committee, was read the first time at length and filed for second TO THE EDUCATIONAL SUPPORT PROGRAM FOR reading. FISCAL YEAR 2012; PROVIDING A NON-GENERAL FUND SUPPLEMENTAL APPROPRIATION TO THE S 1274, as amended in the House, by Transportation EDUCATIONAL SUPPORT PROGRAM/DIVISION Committee, was read the first time at length and filed for second OF TEACHERS FOR FISCAL YEAR 2012; STATING reading. FUND SOURCES FOR THE APPROPRIATION TO EDUCATIONAL SUPPORT PROGRAM FOR FISCAL S 1383, as amended, by State Affairs Committee, was read YEAR 2013; APPROPRIATING MONEYS FOR THE the first time at length and filed for second reading. TRANSFER TO THE PUBLIC SCHOOL INCOME FUND H 668, H 669, H 674, H 675, H 676, H 677, H 678, FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO H 679, H 680, and H 681 , by Appropriations Committee, were THE EDUCATIONAL SUPPORT PROGRAM/DIVISION introduced, read the first time at length, and referred to the OF ADMINISTRATORS FOR FISCAL YEAR 2013; Finance Committee. APPROPRIATING MONEYS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF TEACHERS FOR H 486, as amended, as amended, by Health and Welfare FISCAL YEAR 2013; APPROPRIATING MONEYS TO Committee, was introduced, read the first time at length, and THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF referred to the Health and Welfare Committee. OPERATIONS FOR FISCAL YEAR 2013; APPROPRIATING MONEYS TO THE EDUCATIONAL SUPPORT H 639, as amended, by Ways and Means Committee, was PROGRAM/DIVISION OF CHILDREN'S PROGRAMS FOR introduced, read the first time at length, and referred to the FISCAL YEAR 2013; APPROPRIATING MONEYS TO Judiciary and Rules Committee. THE EDUCATIONAL SUPPORT PROGRAM/DIVISION H 628, as amended, by Ways and Means Committee, was OF FACILITIES FOR FISCAL YEAR 2013; PROVIDING introduced, read the first time at length, and referred to the THE NECESSARY FUNDS FOR THE BOND LEVY Transportation Committee. EQUALIZATION PROGRAM; LIMITING THE AMOUNT OF REVENUE DISTRIBUTED TO THE GENERAL FUND; The Senate advanced to the Twelfth Order of Business. APPROPRIATING MONEYS TO THE EDUCATIONAL SUPPORT PROGRAM/DIVISION OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND FOR Second Reading of Bills FISCAL YEAR 2013; AMENDING SECTION 33-1004E, IDAHO CODE, TO ADJUST BASE AND MINIMUM H 657, H 658, H 659, H 664, and H 665 , by Appropriations SALARIES; PROVIDING THAT THE FUNDS FROM Committee, were read the second time at length and filed for third THE SCHOOL DISTRICT BUILDING ACCOUNT BE reading. USED AS DISCRETIONARY FUNDS; RELIEVING THE STATE OF THE REQUIREMENT TO PROVIDE SCHOOL S 1401, S 1402, and S 1403 , by Finance Committee, were MAINTENANCE MATCHING FUNDS; PROVIDING AN read the second time at length and filed for third reading. ESTIMATE OF DISCRETIONARY FUNDS PER SUPPORT UNIT; PROVIDING FOR A $7,500,000 REDUCTION IN H 572 , by State Affairs Committee, was read the second time TRANSPORTATION COSTS AND DIRECTING THOSE at length and filed for third reading. FUNDS TO DISCRETIONARY FUNDS; PROVIDING THAT H 591 , by Revenue and Taxation Committee, was read the $4,381,400 OF TOBACCO, CIGARETTE AND LOTTERY second time at length and filed for third reading. INCOME TAX MONEYS BE USED AS DISCRETIONARY FUNDS; DIRECTING THE USE OF $318,600 OF TOBACCO, H 613 , by Ways and Means Committee, was read the second CIGARETTE AND LOTTERY INCOME TAX MONEYS; time at length and filed for third reading. DIRECTING THE USE OF $9,400,000 FOR READING AND MATH INITIATIVES, AND REMEDIATION; S 1395 and S 1372 , by State Affairs Committee, were read DIRECTING THE USE OF $4,000,000 FOR LIMITED the second time at length and filed for third reading. ENGLISH PROFICIENCY PROGRAMS; DIRECTING H 619, as amended, by State Affairs Committee, was read THE USE OF $5,031,000 FOR THE IDAHO DIGITAL the second time at length and filed for third reading. LEARNING ACADEMY; PROVIDING THAT NO MONEYS BE APPROPRIATED FOR EXPECTANT OR DELIVERED S 1243, as amended in the House, as amended in the House, MOTHERS PROGRAMS; DIRECTING THE USE OF by Transportation Committee, was read the second time at length $2,500,000 FOR INFORMATION TECHNOLOGY STAFFING and filed for third reading. COSTS; DIRECTING THAT CERTAIN INFORMATION BE COMPILED BY THE STATE DEPARTMENT OF S 1390, as amended, by Judiciary and Rules Committee, was EDUCATION ON THE DUAL ENROLLMENT PROGRAM; read the second time at length and filed for third reading. GRANTING THE AUTHORITY TO TRANSFER The Senate advanced to the Thirteenth Order of Business. 236 SENATE JOURNAL March 21, 2012]

Third Reading of Bills S 1372 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Winder arose as sponsor of the bill and opened the debate. The Motion to Suspend Rules question being, "Shall the bill pass?" Roll call resulted as follows: Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1390, as amended, be suspended; that the portions of Section Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, 15, Article 3, of the Constitution of the State of Idaho requiring Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, all bills to be read on three several days be dispensed with, this Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, being a case of urgency, and that S 1390, as amended, be read the Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, third time at length, section by section, and be put upon its final Toryanski, Vick, Werk, Winder. Total - 35. passage. The question being, "Shall the rules be suspended?" Whereupon the President declared S 1372 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1393 was read the third time at length, section by section, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, and placed before the Senate for final consideration. Senator Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski arose as sponsor of the bill and opened the debate. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, The question being, "Shall the bill pass?" Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: More than two-thirds having voted in the affirmative, the President declared the rules suspended. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1390, as amended, was read the third time at length, section Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, by section, and placed before the Senate for final consideration. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Senator Goedde arose as sponsor of the bill and opened the Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, debate. The question being, "Shall the bill pass?" Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1393 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1394 was read the third time at length, section by section, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, and placed before the Senate for final consideration. Senator Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Keough arose as sponsor of the bill and opened the debate. The Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, question being, "Shall the bill pass?" Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: Whereupon the President declared S 1390, as amended, passed, title was approved, and the bill ordered AYES–Andreason, Bair, Bilyeu, Bock, Brackett, transmitted to the House. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Motion to Suspend Rules Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Moved by Senator Davis, seconded by Senator Malepeai, that Whereupon the President declared S 1394 passed, title was all rules of the Senate interfering with the immediate passage of approved, and the bill ordered transmitted to the House. S 1372 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 S 1396 was read the third time at length, section by section, urgency, and that S 1372 be read the third time at length, section and placed before the Senate for final consideration. Senator by section, and be put upon its final passage. The question being, Keough arose as sponsor of the bill and opened the debate. The "Shall the rules be suspended?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. More than two-thirds having voted in the affirmative, the Whereupon the President declared S 1396 passed, title was President declared the rules suspended. approved, and the bill ordered transmitted to the House. [March 21, 2012 SENATE JOURNAL 237

S 1397 was read the third time at length, section by section, H 439, as amended, as amended in the Senate, was read the and placed before the Senate for final consideration. Senator third time at length, section by section, and placed before the Mortimer arose as sponsor of the bill and opened the debate. Senate for final consideration. Senator Schmidt arose as sponsor The question being, "Shall the bill pass?" of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 35. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1397 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared H 439, as amended, as amended in the Senate, passed, title was approved, and the bill S 1398 was read the third time at length, section by section, ordered returned to the House. and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. H 603 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Toryanski, Vick, Werk, Winder. Total - 35. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Whereupon the President declared S 1398 passed, title was Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, approved, and the bill ordered transmitted to the House. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. S 1399 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 603 passed, title was Toryanski arose as sponsor of the bill and opened the debate. approved, and the bill ordered returned to the House. The question being, "Shall the bill pass?" H 626 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The AYES–Andreason, Bair, Bilyeu, Bock, Brackett, question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Roll call resulted as follows: Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Toryanski, Vick, Werk, Winder. Total - 35. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Whereupon the President declared S 1399 passed, title was Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, approved, and the bill ordered transmitted to the House. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. On request by Senator Davis, granted by unanimous consent, H 588 retained its place on the Third Reading Calendar for one Whereupon the President declared H 626 passed, title was legislative day. approved, and the bill ordered returned to the House. S 1400 was read the third time at length, section by section, H 607 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Toryanski arose as sponsor of the bill and opened the debate. Tippets arose as sponsor of the bill and opened the debate. The The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1400 passed, title was Whereupon the President declared H 607 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered returned to the House. 238 SENATE JOURNAL March 21, 2012]

H 645 was read the third time at length, section by section, Motion to Suspend Rules and placed before the Senate for final consideration. Senator Tippets arose as sponsor of the bill and opened the debate. The Moved by Senator Davis, seconded by Senator Malepeai, that question being, "Shall the bill pass?" all rules of the Senate interfering with the immediate passage of S 1395 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be Roll call resulted as follows: read on three several days be dispensed with, this being a case of urgency, and that S 1395 be read the third time at length, section AYES–Andreason, Bair, Bilyeu, Bock, Brackett, by section, and be put upon its final passage. The question being, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, "Shall the rules be suspended?" Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Roll call resulted as follows: Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, NAYS–None. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Absent and excused–McKague. Total - 1. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Total - 35. More than two-thirds having voted in the affirmative, the Whereupon the President declared H 645 passed, title was President declared the rules suspended. approved, and the bill ordered returned to the House.

S 1395 was read the third time at length, section by section, H 487 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The Broadsword arose as sponsor of the bill and opened the debate. question being, "Shall the bill pass?" The question being, "Shall the bill pass?"

Pursuant to Senate Rule 39(H), Senator Goedde disclosed a Roll call resulted as follows: possible conflict of interest under applicable law. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Toryanski, Vick, Werk, Winder. Total - 35. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Whereupon the President declared H 487 passed, title was Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, approved, and the bill ordered returned to the House. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1395 passed, title was H 632 was read the third time at length, section by section, approved, and the bill ordered transmitted to the House. and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 593 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. Pursuant to Senate Rule 39(H), Senator Darrington disclosed The question being, "Shall the bill pass?" a possible conflict of interest under applicable law.

On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the Senate, followed by House bills. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business.

Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 5:10 p.m. until the hour of 9 a.m., Thursday, March 22, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 240 SENATE JOURNAL March 22, 2012]

SENATE JOURNAL The report was ordered filed in the office of the Secretary of the Senate. OF THE March 21, 2012 IDAHO LEGISLATURE The LOCAL GOVERNMENT AND TAXATION Committee reports out H 485, as amended, with the SECOND REGULAR SESSION recommendation that it do pass. SIXTY-FIRST LEGISLATURE CORDER, Chairman H 485, as amended, was filed for second reading. March 21, 2012 SEVENTY-FOURTH LEGISLATIVE DAY THURSDAY, MARCH 22, 2012 The RESOURCES AND ENVIRONMENT Committee reports out H 458 and H 542, as amended, with the recommendation that they do pass. Senate Chamber PEARCE, Chairman President Pro Tempore Hill called the Senate to order at 9 H 458 and H 542, as amended, were filed for second reading. a.m. March 21, 2012

Roll call showed all members present except Senators The JUDICIARY AND RULES Committee reports that Hammond and Mortimer, absent and formally excused by the S 1360, S 1231, as amended, S 1255, as amended, as amended, Chair; and Senators Andreason, Cameron, Johnson, Lodge, S 1286, S 1304, S 1313, S 1321, as amended, S 1327, S 1328, McKague, and Werk, absent and excused. S 1329, S 1337, as amended, S 1338, S 1341, S 1356, as amended, S 1388, S 1389, S 1391, and S 1392 have been Prayer was offered by Chaplain Keith Buhler. correctly enrolled. The Pledge of Allegiance was led by Elisabeth Manor, Page. DARRINGTON, Chairman The Senate advanced to the Third Order of Business. The President Pro Tempore signed Enrolled S 1360, S 1231, Reading and Correction of the Journal as amended, S 1255, as amended, as amended, S 1286, S 1304, S 1313, S 1321, as amended, S 1327, S 1328, S 1329, S 1337, as The JUDICIARY AND RULES Committee reports that the amended, S 1338, S 1341, S 1356, as amended, S 1388, S 1389, Senate Journal of the proceedings of March 21, 2012, was read S 1391, and S 1392 and ordered them transmitted to the House and approved as corrected. for the signature of the Speaker. DARRINGTON, Chairman There being no objection, the report was adopted and ordered On request by Senator Davis, granted by unanimous consent, filed in the office of the Secretary of the Senate. the Senate advanced to the Eighth Order of Business. Senators Johnson, Werk, and Lodge were recorded present at this order of business. Messages from the Governor On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. March 21, 2012 Reports of Standing Committees The Honorable Brad Little President of the Senate March 22, 2012 Idaho Legislature The JUDICIARY AND RULES Committee reports that Dear Mr. President: S 1409 and S 1410 have been correctly printed. I have the honor to inform you that I have signed today and DARRINGTON, Chairman am transmitting to the Secretary of State the following Senate S 1409 and S 1410 were referred to the Finance Committee. Bill, to wit: March 21, 2012 S 1253 The JUDICIARY AND RULES Committee reports that As Always - Idaho, Esto Perpetua Enrolled S 1350, S 1351, S 1352, S 1353, S 1354, S 1359, /s/ C.L. "Butch" Otter S 1361, S 1367, S 1260, S 1261, S 1262, S 1273, S 1289, S 1290, Governor of Idaho S 1291, S 1298, S 1299, S 1307, S 1314, S 1319, S 1323, as amended, S 1332, S 1335, S 1340, S 1346, S 1368, S 1375, The correspondence was ordered filed in the office ofthe S 1376, S 1377, S 1381, S 1382, and S 1384 were delivered to Secretary of the Senate. the Office of the Governor at 2:15 p.m., March 21,2012. DARRINGTON, Chairman The Senate advanced to the Ninth Order of Business. [March 22, 2012 SENATE JOURNAL 241

Messages from the House OF CERTAIN PROPERTY; AMENDING SECTION 11-102, IDAHO CODE, TO REVISE PROVISIONS RELATING March 21, 2012 TO THE FORM OF A CERTAIN WRIT; AMENDING Dear Mr. President: SECTION 11-103, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE TIME WHEN AN EXECUTION IS I transmit herewith H 606, as amended, and H 682 , which RETURNABLE AND TO REVISE PROVISIONS RELATING have passed the House. TO CONTINUOUS EXECUTION OR GARNISHMENT FOR CHILD SUPPORT; AMENDING SECTION 11-107, IDAHO ALEXANDER, Chief Clerk CODE, TO PROVIDE THAT WHERE AN EXECUTION IS H 606, as amended, and H 682 were filed for first reading. AGAINST THE PROPERTY OF THE JUDGMENT DEBTOR IT MAY BE ISSUED TO A SERVING ATTORNEY AND TO March 21, 2012 PROVIDE THAT WHERE AN EXECUTION IS FOR CERTAIN GARNISHMENTS IT MAY BE ISSUED TO A SERVING Dear Mr. President: ATTORNEY; AMENDING SECTION 11-203, IDAHO CODE, I return herewith S 1293, S 1294, as amended, S 1309, TO REVISE PROVISIONS RELATING TO A CLAIM OF S 1326, S 1344, S 1271, S 1279, S 1370, SCR 115, SCR 118, EXEMPTION BY DEFENDANT OR THIRD PARTY CLAIM SCR 119, SCR 114, SCR 117, SCR 122, SCR 112, SCR 124, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SCR 128, SCR 129, SCR 120, and SCR 121 , which have SECTION 11-206, IDAHO CODE, TO DEFINE A TERM passed the House. AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 11-301, IDAHO CODE, TO REVISE PROVISIONS ALEXANDER, Chief Clerk RELATING TO THE EXECUTION OF A CERTAIN WRIT AND TO MAKE TECHNICAL CORRECTIONS; AND S 1293, S 1294, as amended, S 1309, S 1326, S 1344, AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY S 1271, S 1279, S 1370, SCR 115, SCR 118, SCR 119, SCR 114, THE ADDITION OF A NEW SECTION 31-3203A, IDAHO SCR 117, SCR 122, SCR 112, SCR 124, SCR 128, SCR 129, CODE, TO PROVIDE THAT A SERVING ATTORNEY MAY SCR 120, and SCR 121 were referred to the Judiciary and Rules CHARGE A REASONABLE FEE AND MAY CHARGE A Committee for enrolling. CERTAIN COMMISSION. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. S 1411 was introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials H 606, as amended, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Senators Andreason, Cameron, and McKague were recorded Local Government and Taxation Committee. present at this order of business. H 682 , by Appropriations Committee, was introduced, read S 1411 the first time at length, and referred to the Finance Committee. BY JUDICIARY AND RULES COMMITTEE The Senate advanced to the Twelfth Order of Business. AN ACT RELATING TO GARNISHMENTS; AMENDING SECTION Second Reading of Bills 8-507, IDAHO CODE, TO PROVIDE THAT A SERVING ATTORNEY SHALL SERVE CERTAIN DOCUMENTS, S 1404, S 1405, and S 1406 , by Finance Committee, were TO DEFINE A TERM AND TO MAKE TECHNICAL read the second time at length and filed for third reading. CORRECTIONS; AMENDING SECTION 8-507A, IDAHO H 583 , by Revenue and Taxation Committee, was read the CODE, TO REVISE PROVISIONS RELATING TO SERVICE second time at length and filed for third reading. ON A DEFENDANT OR CERTAIN THIRD PARTIES BY THE SHERIFF OR A SERVING ATTORNEY; AMENDING H 653 , by Revenue and Taxation Committee, was read SECTION 8-507B, IDAHO CODE, TO REVISE PROVISIONS the second time at length and filed for third reading, Consent RELATING TO SERVICE ON A DEFENDANT OR Calendar. CERTAIN THIRD PARTIES BY A BANK OR DEPOSITORY INSTITUTION; AMENDING SECTION 8-507C, IDAHO H 515, as amended, by State Affairs Committee, was read CODE, TO REVISE PROVISIONS RELATING TO THE the second time at length and filed for third reading. AVAILABILITY OF CERTAIN FORMS AND TO REVISE A H 584, as amended, and H 634 , by Revenue and Taxation CERTAIN NOTICE FORM; AMENDING SECTION 8-507D, Committee, were read the second time at length and filed for third IDAHO CODE, TO PROVIDE THAT A SERVING ATTORNEY reading. HAS CERTAIN DUTIES; AMENDING SECTION 8-508, IDAHO CODE, TO REVISE PROVISIONS RELATING TO H 551 , by State Affairs Committee, was read the second time LIABILITY OF A GARNISHEE; AMENDING SECTION at length and filed for third reading. 8-509, IDAHO CODE, TO REVISE PROVISIONS RELATING TO AN EXAMINATION OF A GARNISHEE; AMENDING H 631, as amended, by Ways and Means Committee, was SECTION 8-510, IDAHO CODE, TO REVISE PROVISIONS read the second time at length and filed for third reading. RELATING TO DISCHARGE OF A GARNISHEE AND H 443 , by State Affairs Committee, was read the second time TO MAKE TECHNICAL CORRECTIONS; AMENDING at length and filed for third reading. SECTION 8-521, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE LIABILITY OF CERTAIN PERSONS; H 479, as amended, by Transportation and Defense AMENDING SECTION 8-524, IDAHO CODE, TO REQUIRE Committee, was read the second time at length and filed for third A SERVING ATTORNEY TO MAKE A FULL INVENTORY reading. 242 SENATE JOURNAL March 22, 2012]

H 577 and H 599 , by State Affairs Committee, were read On request by Senator Davis, granted by unanimous consent, the second time at length and filed for third reading. S 1403, S 1243, as amended in the House, as amended in the House, and H 588 retained their place on the Third Reading H 414 , by Transportation and Defense Committee, was read Calendar for one legislative day. the second time at length and filed for third reading. H 654 was read the third time at length, section by section, H 648 and H 651 , by Ways and Means Committee, were and placed before the Senate for final consideration. Senator read the second time at length and filed for third reading. Toryanski arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 564, as amended, as amended in the Senate, by Education Committee, was read the second time at length and filed for third Roll call resulted as follows: reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1274, as amended in the House, by Transportation Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Committee, was read the second time at length and filed for third Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, reading. Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, S 1383, as amended, by State Affairs Committee, was read Winder. Total - 33. the second time at length and filed for third reading. NAYS–None. The Senate advanced to the Thirteenth Order of Business. Absent and excused–Hammond, Mortimer. Total - 2. Third Reading of Bills Total - 35. S 1401 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair Whereupon the President Pro Tempore declared arose as sponsor of the bill and opened the debate. The question H 654 passed, title was approved, and the bill ordered returned being, "Shall the bill pass?" to the House. Roll call resulted as follows: H 655 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Keough arose as sponsor of the bill and opened the debate. The Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, question being, "Shall the bill pass?" Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Roll call resulted as follows: Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, NAYS–None. Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Absent and excused–Hammond, Mortimer. Total - 2. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Total - 35. Winder. Total - 33. Whereupon the President Pro Tempore declared NAYS–None. S 1401 passed, title was approved, and the bill ordered Absent and excused–Hammond, Mortimer. Total - 2. transmitted to the House. Total - 35. S 1402 was read the third time at length, section by section, Whereupon the President Pro Tempore declared and placed before the Senate for final consideration. Senator Bair H 655 passed, title was approved, and the bill ordered returned arose as sponsor of the bill and opened the debate. The question to the House. being, "Shall the bill pass?" H 368, as amended, was read the third time at length, section Roll call resulted as follows: by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the AYES–Andreason, Bair, Bilyeu, Bock, Brackett, debate. The question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Roll call resulted as follows: Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Winder. Total - 33. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, NAYS–None. Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Absent and excused–Hammond, Mortimer. Total - 2. Winder. Total - 33. Total - 35. NAYS–None. Whereupon the President Pro Tempore declared Absent and excused–Hammond, Mortimer. Total - 2. S 1402 passed, title was approved, and the bill ordered transmitted to the House. Total - 35. [March 22, 2012 SENATE JOURNAL 243

Whereupon the President Pro Tempore declared H 368, as Whereupon the President declared H 536 passed, title was amended, passed, title was approved, and the bill ordered returned approved, and the bill ordered returned to the House. to the House. H 553 was read the third time at length, section by section, President Little assumed the Chair. and placed before the Senate for final consideration. Senator Schmidt arose as sponsor of the bill and opened the debate. The H 452 was read the third time at length, section by section, question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Fulcher arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Winder. Total - 33. Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, NAYS–None. Winder. Total - 33. Absent and excused–Hammond, Mortimer. Total - 2. NAYS–None. Total - 35. Absent and excused–Hammond, Mortimer. Total - 2. Total - 35. Whereupon the President declared H 553 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 452 passed, title was approved, and the bill ordered returned to the House. H 576 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 518 was read the third time at length, section by section, Winder arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Pursuant to Senate Rule 39(H), Senator Smyser disclosed a AYES–Andreason, Bair, Bilyeu, Bock, Brackett, possible conflict of interest under applicable law. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Roll call resulted as follows: Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Winder. Total - 33. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, NAYS–None. Malepeai, McKague, McKenzie, Nuxoll, Rice, Schmidt, Smyser, Stennett, Tippets, Toryanski, Werk, Winder. Total - 30. Absent and excused–Hammond, Mortimer. Total - 2. NAYS–Pearce, Siddoway, Vick. Total - 3. Total - 35. Absent and excused–Hammond, Mortimer. Total - 2. Whereupon the President declared H 576 passed, title was approved, and the bill ordered returned to the House. Total - 35. H 494 was read the third time at length, section by section, Whereupon the President declared H 518 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Siddoway arose as sponsor of the bill and opened the debate. H 536 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Fulcher arose as sponsor of the bill and opened the debate. The Pursuant to Senate Rule 39(H), Senator Keough disclosed a question being, "Shall the bill pass?" possible conflict of interest under applicable law. Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Hammond, Mortimer. Total - 2. Absent and excused–Hammond, Mortimer. Total - 2. Total - 35. Total - 35. 244 SENATE JOURNAL March 22, 2012]

Whereupon the President declared H 494 passed, title was Whereupon the President declared H 635 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 608 was read the third time at length, section by section, H 657 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The Broadsword arose as sponsor of the bill and opened the debate. question being, "Shall the bill pass?" The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Hammond, Mortimer. Total - 2. Absent and excused–Hammond, Mortimer. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 608 passed, title was Whereupon the President declared H 657 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 658 was read the third time at length, section by section, H 539 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The question being, "Shall the bill pass?" Roll call resulted as follows: Pursuant to Senate Rule 39(H), Senator Lodge disclosed a possible conflict of interest under applicable law. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Roll call resulted as follows: Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Winder. Total - 33. Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, NAYS–None. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Absent and excused–Hammond, Mortimer. Total - 2. NAYS–None. Total - 35. Absent and excused–Hammond, Mortimer. Total - 2. Whereupon the President declared H 658 passed, title was Total - 35. approved, and the bill ordered returned to the House. Whereupon the President declared H 539 passed, title was On request by Senator Davis, granted by unanimous consent, approved, and the bill ordered returned to the House. H 659 retained its place on the Third Reading Calendar for one legislative day.

H 635 was read the third time at length, section by section, H 664 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Bilyeu arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Hammond, Mortimer. Total - 2. Absent and excused–Hammond, Mortimer. Total - 2. Total - 35. Total - 35. [March 22, 2012 SENATE JOURNAL 245

Whereupon the President declared H 664 passed, title was H 613 was read the third time at length, section by section, approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Andreason arose as sponsor of the bill and opened the debate. H 665 was read the third time at length, section by section, The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Bilyeu arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Winder. Total - 33. NAYS–None. NAYS–None. Absent and excused–Hammond, Mortimer. Total - 2. Absent and excused–Hammond, Mortimer. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 613 passed, title was Whereupon the President declared H 665 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House.

On request by Senator Davis, granted by unanimous consent, H 572 was read the third time at length, section by section, H 619, as amended, retained its place on the Third Reading and placed before the Senate for final consideration. President Pro Calendar for one legislative day. Tempore Hill arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Motion to Suspend Rules Roll call resulted as follows:

AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Moved by Senator Davis, seconded by Senator Malepeai, that Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, all rules of the Senate interfering with the immediate passage of Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, H 564, as amended, as amended in the Senate, be suspended; that Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, the portions of Section 15, Article 3, of the Constitution of the Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, State of Idaho requiring all bills to be read on three several days Winder. Total - 33. be dispensed with, this being a case of urgency, and that H 564, NAYS–None. as amended, as amended in the Senate, be read the third time at length, section by section, and be put upon its final passage. The Absent and excused–Hammond, Mortimer. Total - 2. question being, "Shall the rules be suspended?" Total - 35. Roll call resulted as follows: Whereupon the President declared H 572 passed, title was approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 591 was read the third time at length, section by section, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, and placed before the Senate for final consideration. Senator Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Fulcher arose as sponsor of the bill and opened the debate. The Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, question being, "Shall the bill pass?" Winder. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Absent and excused–Hammond, Mortimer. Total - 2. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Total - 35. Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, More than two-thirds having voted in the affirmative, the Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, President declared the rules suspended. Winder. Total - 33. NAYS–None. H 564, as amended, as amended in the Senate, was read the Absent and excused–Hammond, Mortimer. Total - 2. third time at length, section by section, and placed before the Senate for final consideration. Senator Goedde arose as sponsor Total - 35. of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 591 passed, title was approved, and the bill ordered returned to the House. 246 SENATE JOURNAL March 22, 2012]

Roll call resulted as follows: Whereupon the President declared S 1383, as amended, passed, title was approved, and the bill ordered AYES–Andreason, Bair, Bilyeu, Bock, Brackett, transmitted to the House. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Motion to Suspend Rules Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of NAYS–None. S 1404 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be Absent and excused–Hammond, Mortimer. Total - 2. read on three several days be dispensed with, this being a case of Total - 35. urgency, and that S 1404 be read the third time at length, section by section, and be put upon its final passage. The question being, Whereupon the President declared H 564, as amended, as "Shall the rules be suspended?" amended in the Senate, passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

Motion to Suspend Rules AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Moved by Senator Davis, seconded by Senator Malepeai, that Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, all rules of the Senate interfering with the immediate passage of Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, S 1383, as amended, be suspended; that the portions of Section Winder. Total - 33. 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 NAYS–None. being a case of urgency, and that S 1383, as amended, be read the Absent and excused–Hammond, Mortimer. Total - 2. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" Total - 35. More than two-thirds having voted in the affirmative, the Roll call resulted as follows: President declared the rules suspended. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1404 was read the third time at length, section by section, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, and placed before the Senate for final consideration. Senator Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Broadsword arose as sponsor of the bill and opened the debate. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, The question being, "Shall the bill pass?" Winder. Total - 33.

NAYS–None. Roll call resulted as follows: Absent and excused–Hammond, Mortimer. Total - 2. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Total - 35. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, More than two-thirds having voted in the affirmative, the Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, President declared the rules suspended. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33.

S 1383, as amended, was read the third time at length, section NAYS–None. by section, and placed before the Senate for final consideration. Senator Bair arose as sponsor of the bill and opened the debate. Absent and excused–Hammond, Mortimer. Total - 2. The question being, "Shall the bill pass?" Total - 35. Whereupon the President declared S 1404 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Motion to Suspend Rules Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Moved by Senator Davis, seconded by Senator Malepeai, that Total - 26. all rules of the Senate interfering with the immediate passage of S 1405 be suspended; that the portions of Section 15, Article 3, NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, of the Constitution of the State of Idaho requiring all bills to be Stennett, Werk. Total - 7. read on three several days be dispensed with, this being a case of Absent and excused–Hammond, Mortimer. Total - 2. urgency, and that S 1405 be read the third time at length, section by section, and be put upon its final passage. The question being, Total - 35. "Shall the rules be suspended?" [March 22, 2012 SENATE JOURNAL 247

Roll call resulted as follows: H 682, S 1409, S 1410, H 668, H 669, H 674, H 675, H 676, H 677, H 678, H 679, H 680, H 681, and S 1408 were filed for AYES–Andreason, Bair, Bilyeu, Bock, Brackett, second reading. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, March 22, 2012 Malepeai, McKague, McKenzie, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, The AGRICULTURAL AFFAIRS Committee reports out Winder. Total - 33. H 611 with the recommendation that it do pass. NAYS–None. SIDDOWAY, Chairman Absent and excused–Hammond, Mortimer. Total - 2. H 611 was filed for second reading. Total - 35.

More than two-thirds having voted in the affirmative, the March 22, 2012 President declared the rules suspended. The JUDICIARY AND RULES Committee reports that S 1405 was read the third time at length, section by section, S 1271, S 1279, S 1293, S 1294, as amended, S 1309, S 1326, and placed before the Senate for final consideration. Senator Bair S 1344, S 1370, SCR 112, SCR 114, SCR 115, SCR 117, arose as sponsor of the bill and opened the debate. The question SCR 118, SCR 119, SCR 120, SCR 121, SCR 122, SCR 124, being, "Shall the bill pass?" SCR 128, and SCR 129 have been correctly enrolled. Roll call resulted as follows: DARRINGTON, Chairman AYES–Andreason, Bair, Bilyeu, Brackett, Broadsword, The President signed Enrolled S 1271, S 1279, S 1293, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, S 1294, as amended, S 1309, S 1326, S 1344, S 1370, SCR 112, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Nuxoll, SCR 114, SCR 115, SCR 117, SCR 118, SCR 119, SCR 120, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, SCR 121, SCR 122, SCR 124, SCR 128, and SCR 129 and Toryanski, Vick, Werk, Winder. Total - 30. ordered them transmitted to the House for the signature of the NAYS–Bock, LeFavour, Malepeai. Total - 3. Speaker. Absent and excused–Hammond, Mortimer. Total - 2. March 22, 2012 Total - 35. The JUDICIARY AND RULES Committee reports that Enrolled SCR 133 was delivered to the Office of the Secretary Whereupon the President declared S 1405 passed, title was of State at 1:43 p.m., March 22, 2012. approved, and the bill ordered transmitted to the House. DARRINGTON, Chairman On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. The report was ordered filed in the office of the Secretary of the Senate. Reports of Standing Committees On request by Senator Davis, granted by unanimous consent, On motion by Senator Davis, seconded by Senator Malepeai, the Senate advanced to the Eighth Order of Business. by voice vote, the Senate recessed at 12:05 p.m. until the hour of 3 p.m. of this day. Messages from the Governor RECESS AFTERNOON SESSION March 22, 2012 The Senate reconvened at 3 p.m., pursuant to recess, President Little presiding. The Honorable Brad Little President of the Senate Idaho Legislature Roll call showed all members present except Senator Dear Mr. President: Hammond, absent and formally excused by the Chair; and Senators Bock, Broadsword, Cameron, Darrington, Heider, I have the honor to inform you that I have signed today and Lodge, McKague, Nuxoll, Schmidt, Smyser, and Vick, absent am transmitting to the Secretary of State the following Senate and excused. Bill, to wit: Prior to recess the Senate was at the Sixth Order of Business, S 1308 Reports of Standing Committees. As Always - Idaho, Esto Perpetua March 22, 2012 /s/ C.L. "Butch" Otter Governor of Idaho The FINANCE Committee reports out H 682, S 1409, S 1410, H 668, H 669, H 674, H 675, H 676, H 677, H 678, The correspondence was ordered filed in the office ofthe H 679, H 680, H 681, and S 1408 with the recommendation that Secretary of the Senate. they do pass. On request by Senator Davis, granted by unanimous consent, CAMERON, Chairman the Senate advanced to the Tenth Order of Business. 248 SENATE JOURNAL March 22, 2012]

Motions and Resolutions The President signed Enrolled H 522, as amended, H 386, as amended, H 549, H 550, H 590, H 604, H 582, H 491, as amended, H 376, H 570, H 502, as amended, H 569, H 609, The President announced that Senator Russ Fulcher will H 519, and H 497, as amended in the Senate, and ordered them serve as the Majority Caucus Chair for the remainder of the returned to the House. Second Regular Session of the Sixty-first Idaho Legislature, and on request by Senator Davis, granted by unanimous consent, Senator Cameron was recorded present at this order of nunc pro tunc, February 29, 2012. business. On request by Senator Davis, granted by unanimous consent, On request by Senator Davis, granted by unanimous consent, the Senate returned to the Ninth Order of Business. the Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, Messages from the House House Petitions, Resolutions, and Memorials HJR 2, as amended, by Ways and Means Committee, was PETITION TO WAIVE JOINT RULE 20 introduced, read the first time at length, and referred to the Resources and Environment Committee. We, the majority leadership of the Senate, petition that the President waive the provisions of Joint Rule 20 pertaining to the On request by Senator Davis, granted by unanimous consent, limitation on transmittal of proposed constitutional amendments, the Senate advanced to the Thirteenth Order of Business. which would permit the transmittal and consideration of HJR 2aa to amend the Constitution of the State of Idaho by Third Reading of Bills preserving for the people of Idaho the rights to hunt, fish and Senators Bock, Broadsword, Heider, Lodge, Nuxoll, trap. Schmidt, Smyser, Vick, Darrington, and McKague were recorded Signed: present at this order of business. S 1403 was read the third time at length, section by section, /s/ Brent Hill, President Pro Tempore and placed before the Senate for final consideration. Senator /s/ Bart M. Davis, Majority Leader Mortimer arose as sponsor of the bill and opened the debate. /s/ Chuck Winder, Assistant Majority Leader The question being, "Shall the bill pass?" /s/ Russ Fulcher, Majority Caucus Chair Roll call resulted as follows: Upon presentation of the petition, the President waived the provisions of Joint Rule 20 for the transmittal of HJR 2, as AYES–Andreason, Bilyeu, Bock, Brackett, Broadsword, amended. The correspondence was ordered filed in the office of Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Heider, the Secretary of the Senate. Hill, Johnson, Keough, LeFavour, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Smyser, Stennett, March 22, 2012 Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Dear Mr. President: NAYS–None. I transmit herewith HJR 2, as amended, which has passed Absent and excused–Bair, Hammond, Malepeai, Siddoway. the House. Total - 4. ALEXANDER, Chief Clerk Total - 35. HJR 2, as amended, was filed for first reading. Whereupon the President declared S 1403 passed, title was March 22, 2012 approved, and the bill ordered transmitted to the House. Dear Mr. President: H 659 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator I return herewith S 1280, S 1270, S 1330, S 1295, as Mortimer arose as sponsor of the bill and opened the debate. amended, and SCR 123 , which have passed the House. The question being, "Shall the bill pass?" ALEXANDER, Chief Clerk Roll call resulted as follows: S 1280, S 1270, S 1330, S 1295, as amended, and AYES–Andreason, Bair, Bilyeu, Bock, Brackett, SCR 123 were referred to the Judiciary and Rules Committee Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, for enrolling. Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, March 22, 2012 Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Dear Mr. President: Vick, Werk, Winder. Total - 34. I transmit herewith Enrolled H 522, as amended, H 386, NAYS–None. as amended, H 549, H 550, H 590, H 604, H 582, H 491, as Absent and excused–Hammond. Total - 1. amended, H 376, H 570, H 502, as amended, H 569, H 609, H 519, and H 497, as amended in the Senate, for the signature Total - 35. of the President. Whereupon the President declared H 659 passed, title was ALEXANDER, Chief Clerk approved, and the bill ordered returned to the House. [March 22, 2012 SENATE JOURNAL 249

On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 4:10 p.m. until the hour of 9:30 a.m., Friday, March 23, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary 250 SENATE JOURNAL March 23, 2012]

SENATE JOURNAL March 22, 2012 The LOCAL GOVERNMENT AND TAXATION OF THE Committee reports out H 661 with the recommendation that it IDAHO LEGISLATURE do pass. CORDER, Chairman SECOND REGULAR SESSION H 661 was filed for second reading. SIXTY-FIRST LEGISLATURE March 22, 2012 The COMMERCE AND HUMAN RESOURCES Committee reports out H 624 and H 649 with the recommendation that they do pass. SEVENTY-FIFTH LEGISLATIVE DAY FRIDAY, MARCH 23, 2012 ANDREASON, Chairman H 624 and H 649 were filed for second reading. Senate Chamber March 22, 2012 President Little called the Senate to order at 9:30 a.m. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be Roll call showed all members present except Senator Corder, confirmed by the Senate: absent and excused. Allan R. Schneider to the Commission for the Blind & Visually Impaired, term to expire July 1, 2012. Prayer was offered by Chaplain Keith Buhler. LODGE, Chairman The Pledge of Allegiance was led by Jamie Bush, Page. The Gubernatorial appointment was referred to the Tenth The Senate advanced to the Third Order of Business. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. Reading and Correction of the Journal March 23, 2012 The STATE AFFAIRS Committee reports out H 372, H 575, The JUDICIARY AND RULES Committee reports that the HCR 47, and S 1386 with the recommendation that they do pass. Senate Journal of the proceedings of March 22, 2012, was read and approved as corrected. MCKENZIE, Chairman DARRINGTON, Chairman H 372, H 575, and S 1386 were filed for second reading. HCR 47 was referred to the Tenth Order of Business, There being no objection, the report was adopted and ordered Motions and Resolutions, and ordered held at the Secretary's filed in the office of the Secretary of the Senate. desk for one legislative day. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Reports of Standing Committees Messages from the House March 23, 2012 March 22, 2012 The JUDICIARY AND RULES Committee reports that S 1411 has been correctly printed. Dear Mr. President: DARRINGTON, Chairman I transmit herewith HJM 14, H 684, H 685, H 686, H 687, and H 691 , which have passed the House. S 1411 was referred to the Judiciary and Rules Committee. ALEXANDER, Chief Clerk March 22, 2012 HJM 14, H 684, H 685, H 686, H 687, and H 691 were filed The JUDICIARY AND RULES Committee reports that for first reading. S 1270, S 1280, S 1295, as amended, S 1330, and SCR 123 have been correctly enrolled. March 22, 2012 Dear Mr. President: DARRINGTON, Chairman I return herewith S 1256, as amended in the House, which The President signed Enrolled S 1270, S 1280, S 1295, as has passed the House. amended, S 1330, and SCR 123 and ordered them transmitted to the House for the signature of the Speaker. ALEXANDER, Chief Clerk [March 23, 2012 SENATE JOURNAL 251

On request by Senator Bair, granted by unanimous consent, S 1256, as amended in the House, was referred to the S 1256, as amended in the House, was referred to the Tenth Order Judiciary and Rules Committee for engrossing. of Business, Motions and Resolutions, for consideration as to possible concurrence in the House amendments. The Senate advanced to the Eleventh Order of Business. The Senate advanced to the Tenth Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Motions and Resolutions

S 1412 Senator Corder was recorded present at this order of BY FINANCE COMMITTEE business. AN ACT The President announced that HJM 13 was before the Senate RELATING TO ALCOHOL BEVERAGE CONTROL for final consideration. ENFORCEMENT; APPROPRIATING ADDITIONAL MONEYS TO THE IDAHO STATE POLICE FOR FISCAL Moved by Senator McKenzie, seconded by Senator Stennett, YEAR 2013; AUTHORIZING ADDITIONAL FULL-TIME that HJM 13 be adopted. The question being, "Shall the memorial EQUIVALENT POSITIONS; AND EXEMPTING THE be adopted?" APPROPRIATION FROM OBJECT AND PROGRAM TRANSFER LIMITATIONS. Roll call vote was requested by Senator Pearce. S 1413 Pursuant to Senate Rule 39(H), Senator Tippets disclosed a BY FINANCE COMMITTEE possible conflict of interest under applicable law. AN ACT RELATING TO APPROPRIATIONS; TO PROVIDE FOR Roll call resulted as follows: A TRANSFER FROM THE GENERAL FUND TO THE CONSTITUTIONAL DEFENSE COUNCIL FUND FOR AYES–Andreason, Bair, Bilyeu, Bock, Brackett, FISCAL YEAR 2013. Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, S 1414 Malepeai, McKenzie, Mortimer, Rice, Schmidt, Siddoway, BY FINANCE COMMITTEE Smyser, Stennett, Tippets, Werk, Winder. Total - 29. AN ACT APPROPRIATING MONEYS TO THE DEPARTMENT NAYS–Fulcher, McKague, Nuxoll, Pearce, Toryanski, Vick. OF HEALTH AND WELFARE FOR THE DIVISIONS Total - 6. OF CHILD WELFARE AND DEVELOPMENTALLY DISABLED SERVICES FOR FISCAL YEAR 2013; Total - 35. LIMITING THE NUMBER OF AUTHORIZED FULL-TIME Whereupon the President declared HJM 13 adopted, title EQUIVALENT POSITIONS; PROVIDING FOR GENERAL was approved, and the memorial ordered returned to the House. FUND TRANSFERS TO THE COOPERATIVE WELFARE FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND BENEFIT PAYMENTS; PROVIDING LEGISLATIVE The President announced that HCR 46 was before the Senate INTENT FOR PROGRAM INTEGRITY; DIRECTING for final consideration, the question being, "Shall the resolution EXPENDITURES FOR HEAD START APPROPRIATIONS be adopted?" FROM TEMPORARY ASSISTANCE FOR NEEDY FAMILIES; AND PROVIDING GUIDANCE FOR EMPLOYEE On motion by Senator Hammond, seconded by COMPENSATION AND BENEFITS. Senator Stennett, HCR 46 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. S 1412, S 1413, and S 1414 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. The President announced that HCR 49 was before the Senate for final consideration, the question being, "Shall the resolution HJM 14 , by State Affairs Committee, was introduced, be adopted?" read the first time at length, and referred to the State Affairs Committee. On motion by Senator Hammond, seconded by Senator Stennett, HCR 49 was adopted by voice vote, title was H 684, H 685, and H 686 , by Appropriations Committee, approved, and the resolution ordered returned to the House. were introduced, read the first time at length, and referred to the Finance Committee. The President announced that the House amendments to H 687 , by State Affairs Committee, was introduced, read S 1256, as amended in the House, were before the Senate for the first time at length, and referred to the Local Government and consideration as to possible concurrence, the question being, Taxation Committee. "Shall the Senate concur in the House amendments to S 1256, as amended in the House?" H 691 , by Ways and Means Committee, was introduced, read the first time at length, and referred to the Local Government On request by Senator Bair, granted by unanimous consent, and Taxation Committee. the Senate concurred by voice vote in the House amendments to S 1256, as amended in the House. The Senate advanced to the Twelfth Order of Business. 252 SENATE JOURNAL March 23, 2012]

Second Reading of Bills Roll call resulted as follows: AYES–Andreason, Bair, Brackett, Cameron, Corder, H 485, as amended, by Environment, Energy, and Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Technology Committee, was read the second time at length and Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, filed for third reading. Siddoway, Smyser, Tippets, Toryanski, Vick, Werk, Winder. Total - 26. H 458 and H 542, as amended, by Resources and Conservation Committee, were read the second time at length NAYS–Bilyeu, Bock, Broadsword, Johnson, Keough, and filed for third reading. LeFavour, Malepeai, Schmidt, Stennett. Total - 9. H 682 , by Appropriations Committee, was read the second Total - 35. time at length and filed for third reading. Whereupon the President declared H 619, as S 1409 and S 1410 , by Finance Committee, were read the amended, passed, title was approved, and the bill ordered second time at length and filed for third reading. returned to the House. H 668, H 669, H 674, H 675, H 676, H 677, H 678, H 679, H 680, and H 681 , by Appropriations Committee, were read the S 1406 was read the third time at length, section by section, second time at length and filed for third reading. and placed before the Senate for final consideration. Senator Toryanski arose as sponsor of the bill and opened the debate. S 1408 , by Finance Committee, was read the second time at The question being, "Shall the bill pass?" length and filed for third reading.

H 611 , by Ways and Means Committee, was read the second Roll call resulted as follows: time at length and filed for third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, The Senate advanced to the Thirteenth Order of Business. Goedde, Hammond, Heider, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Third Reading of Bills Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. On request by Senator Winder, granted by unanimous consent, H 588 retained its place on the Third Reading Calendar Absent and excused–Hill. Total - 1. for one legislative day. Total - 35. S 1243, as amended in the House, as amended in the Whereupon the President declared S 1406 passed, title was House, was read the third time at length, section by section, approved, and the bill ordered transmitted to the House. and placed before the Senate for final consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 583 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Winder arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Hammond, Pursuant to Senate Rule 39(H), Senator Winder disclosed a Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, possible conflict of interest under applicable law. McKague, McKenzie, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk. Total - 30. Roll call resulted as follows: NAYS–Schmidt. Total - 1. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Absent and excused–Fulcher, Goedde, Mortimer, Winder. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Total - 4. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Total - 35. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared S 1243, as amended in the Whereupon the President declared H 583 passed, title was House, as amended in the House, passed, title was approved, and approved, and the bill ordered returned to the House. the bill referred to Judiciary and Rules Committee for enrolling.

H 515, as amended, was read the third time at length, section H 619, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. by section, and placed before the Senate for final consideration. Senator Werk arose as sponsor of the bill and opened the debate. Senator Hammond arose as sponsor of the bill and opened the The question being, "Shall the bill pass?" debate. The question being, "Shall the bill pass?" [March 23, 2012 SENATE JOURNAL 253

Roll call resulted as follows: Whereupon the President declared H 551 passed, title was approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, On request by Senator Davis, granted by unanimous consent, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, S 1274, as amended in the House, was placed before the Senate Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, for consideration at this time. Toryanski, Vick, Werk, Winder. Total - 35. Whereupon the President declared H 515, as S 1274, as amended in the House, was read the third time at amended, passed, title was approved, and the bill ordered length, section by section, and placed before the Senate for final returned to the House. consideration. Senator Hammond arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 584, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Roll call resulted as follows: Senator Winder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Hammond, Roll call resulted as follows: Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Cameron, McKague, Mortimer, Rice, Schmidt, Siddoway, Smyser, Corder, Darrington, Fulcher, Goedde, Heider, Hill, Keough, Stennett, Tippets, Toryanski, Werk, Winder. Total - 29. LeFavour, Lodge, Malepeai, McKague, McKenzie, Nuxoll, NAYS–Fulcher, McKenzie, Nuxoll, Pearce, Vick. Total - 5. Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 29. Absent and excused–Goedde. Total - 1. NAYS–Broadsword, Davis, Johnson, Mortimer, Schmidt. Total - 35. Total - 5. Whereupon the President declared S 1274, as amended in Absent and excused–Hammond. Total - 1. the House, passed, title was approved, and the bill referred to Judiciary and Rules Committee for enrolling. Total - 35. Whereupon the President declared H 584, as amended, passed, title was approved, and the bill ordered On request by Senator Davis, granted by unanimous consent, returned to the House. H 648 was placed before the Senate for consideration at this time. H 634 was read the third time at length, section by section, H 648 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Siddoway arose as sponsor of the bill and opened the debate. Lodge arose as sponsor of the bill and opened the debate. The The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: President Little called Senator Darrington to the Chair. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Roll call resulted as follows: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Toryanski, Vick, Werk, Winder. Total - 35. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Whereupon the President declared H 634 passed, title was Toryanski, Vick, Werk, Winder. Total - 35. approved, and the bill ordered returned to the House. Whereupon the Acting President declared H 648 passed, title H 551 was read the third time at length, section by section, was approved, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On request by Senator Davis, granted by unanimous consent, all Senate bills were placed at the head of the Third Reading Roll call resulted as follows: Calendar, followed by House bills. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, On request by Senator Davis, granted by unanimous consent, Broadsword, Cameron, Corder, Darrington, Fulcher, Hammond, the Senate returned to the Sixth Order of Business. Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Schmidt, Siddoway, Smyser, Reports of Standing Committees Stennett, Vick. Total - 27. NAYS–Davis, LeFavour, Pearce, Tippets, Toryanski, March 23, 2012 Winder. Total - 6. The STATE AFFAIRS Committee reports out HJM 14 with Absent and excused–Goedde, Werk. Total - 2. the recommendation that it do pass. Total - 35. MCKENZIE, Chairman 254 SENATE JOURNAL March 23, 2012]

HJM 14 was referred to the Tenth Order of Business, Roll call resulted as follows: Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, On request by Senator Davis, granted by unanimous consent, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, the Senate advanced to the Ninth Order of Business. Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Messages from the House NAYS–None. March 23, 2012 Absent and excused–Fulcher. Total - 1. Dear Mr. President: Total - 35. I transmit herewith H 689 , which has passed the House. Whereupon the Acting President declared S 1386 passed, ALEXANDER, Chief Clerk title was approved, and the bill ordered transmitted to the House. H 689 was filed for first reading. On request by Senator Winder, granted by unanimous On request by Senator Davis, granted by unanimous consent, consent, the Senate advanced to the Fifteenth Order of Business. the Senate advanced to the Eleventh Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Malepeai, Introduction, First Reading, and Reference of Bills, by voice vote, the Senate adjourned at 12 noon until the hour of House Petitions, Resolutions, and Memorials 9 a.m., Monday, March 26, 2012. H 689 , by Ways and Means Committee, was introduced, BRAD LITTLE, President read the first time at length, and referred to the Health and Welfare Committee. Attest: JENNIFER NOVAK, Secretary On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business.

Second Reading of Bills

Motion to Suspend Rules Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of S 1386 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 1386 be read the second time by title and the third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. Absent and excused–Fulcher. Total - 1. Total - 35. More than two-thirds having voted in the affirmative, the Acting President declared the rules suspended. S 1386 was read the second time by title and the third time at length, section by section, and placed before the Senate for final consideration. Senator Winder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" [March 26, 2012 SENATE JOURNAL 255

SENATE JOURNAL Senator Nuxoll was recorded present at this order of business. OF THE On request by Senator Davis, granted by unanimous consent, IDAHO LEGISLATURE the Senate advanced to the Eighth Order of Business. SECOND REGULAR SESSION Messages from the Governor SIXTY-FIRST LEGISLATURE March 23, 2012 The Honorable Brad Little President of the Senate Idaho Legislature SEVENTY-EIGHTH LEGISLATIVE DAY MONDAY, MARCH 26, 2012 Dear Mr. President: I have the honor to inform you that I have signed today and Senate Chamber am transmitting to the Secretary of State the following Senate Bills, to wit: President Little called the Senate to order at 9 a.m. S 1290, S 1298, S 1299, S 1340, and S 1368 As Always - Idaho, Esto Perpetua Roll call showed all members present except Senators /s/ C.L. "Butch" Otter Nuxoll, Smyser, and Tippets, absent and excused. Governor of Idaho Prayer was offered by Chaplain Keith Buhler. The correspondence was ordered filed in the office ofthe The Pledge of Allegiance was led by Nathan Chelson, Page. Secretary of the Senate. The Senate advanced to the Third Order of Business. The Senate advanced to the Ninth Order of Business. Reading and Correction of the Journal Messages from the House The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 23, 2012, was read March 23, 2012 and approved as corrected. Dear Mr. President: DARRINGTON, Chairman I transmit herewith H 672 , which has passed the House. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. ALEXANDER, Chief Clerk On request by Senator Davis, granted by unanimous consent, H 672 was filed for first reading. the Senate advanced to the Sixth Order of Business. March 23, 2012 Reports of Standing Committees Dear Mr. President: March 26, 2012 I transmit herewith Enrolled H 603, H 626, H 607, H 645, The JUDICIARY AND RULES Committee reports that H 487, H 632, H 593, H 633, H 654, H 655, H 368, as amended, S 1412, S 1413, and S 1414 have been correctly printed. H 452, H 518, H 536, H 553, H 576, H 494, H 608, H 539, H 635, H 657, H 658, H 664, H 665, H 572, H 591, H 613, and DARRINGTON, Chairman H 659 for the signature of the President. S 1412, S 1413, and S 1414 were referred to the Finance ALEXANDER, Chief Clerk Committee. March 23, 2012 The President signed Enrolled H 603, H 626, H 607, H 645, H 487, H 632, H 593, H 633, H 654, H 655, H 368, as amended, The FINANCE Committee reports out H 684, H 685, and H 452, H 518, H 536, H 553, H 576, H 494, H 608, H 539, H 686 with the recommendation that they do pass. H 635, H 657, H 658, H 664, H 665, H 572, H 591, H 613, and H 659 and ordered them returned to the House. CAMERON, Chairman March 23, 2012 H 684, H 685, and H 686 were filed for second reading. Dear Mr. President: March 26, 2012 The JUDICIARY AND RULES Committee reports that I return herewith S 1393, S 1394, S 1396, S 1397, S 1398, S 1256, as amended in the House, has been correctly engrossed. S 1399, S 1400, SCR 132, SCR 130, SCR 125, SCR 131, SJM 103, SJM 105, and SJM 104 , which have passed the DARRINGTON, Chairman House. S 1256, as amended in the House, was filed for first reading. ALEXANDER, Chief Clerk 256 SENATE JOURNAL March 26, 2012]

S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, S 1400, The President announced that the Health and Welfare SCR 132, SCR 130, SCR 125, SCR 131, SJM 103, SJM 105, Committee report relative to the Gubernatorial appointment of and SJM 104 were referred to the Judiciary and Rules Committee Allan R. Schneider was before the Senate for final consideration, for enrolling. the question being, "Shall the report be adopted?" March 23, 2012 On motion by Senator Smyser, seconded by Senator Bilyeu, the Gubernatorial appointment of Allan R. Schneider as a Dear Mr. President: member of the Commission for the Blind & Visually Impaired I return herewith Enrolled S 1271, S 1279, S 1293, S 1294, was confirmed by voice vote. as amended, S 1309, S 1326, S 1344, S 1370, S 1360, S 1231, The President declared the report adopted and directed the as amended, S 1255, as amended, as amended, S 1286, S 1304, Secretary of the Senate to prepare a letter of the Gubernatorial S 1313, S 1321, as amended, S 1327, S 1328, S 1329, S 1337, as appointment confirmation for his signature, attested to bythe amended, S 1338, S 1341, S 1356, as amended, S 1388, S 1389, Secretary, to be transmitted to the Governor informing him of S 1391, and S 1392 , which have been signed by the Speaker. the action of the Senate. ALEXANDER, Chief Clerk On request by Senator Winder, granted by unanimous Enrolled S 1271, S 1279, S 1293, S 1294, as amended, consent, the Senate advanced to the Eleventh Order of Business. S 1309, S 1326, S 1344, S 1370, S 1360, S 1231, as amended, Introduction, First Reading, and Reference of Bills, S 1255, as amended, as amended, S 1286, S 1304, S 1313, House Petitions, Resolutions, and Memorials S 1321, as amended, S 1327, S 1328, S 1329, S 1337, as amended, S 1338, S 1341, S 1356, as amended, S 1388, S 1389, S 1415 S 1391, and S 1392 were referred to the Judiciary and Rules BY FINANCE COMMITTEE Committee for transmittal to the Office of the Governor. AN ACT March 23, 2012 RELATING TO APPROPRIATIONS; AMENDING SECTION 1, CHAPTER 12, LAWS OF 2012, TO REVISE THE Dear Mr. President: APPROPRIATION FOR THE DIVISION OF VOCATIONAL I return herewith Enrolled SCR 112, SCR 114, SCR 115, REHABILITATION FOR FISCAL YEAR 2012; AND SCR 117, SCR 118, SCR 119, SCR 120, SCR 121, SCR 122, DECLARING AN EMERGENCY. SCR 124, SCR 128, and SCR 129 , which have been signed by the Speaker. S 1416 BY FINANCE COMMITTEE ALEXANDER, Chief Clerk AN ACT RELATING TO APPROPRIATIONS; TRANSFERRING Enrolled SCR 112, SCR 114, SCR 115, SCR 117, SCR 118, MONEYS FROM THE FEDERAL GRANT FUND TO THE SCR 119, SCR 120, SCR 121, SCR 122, SCR 124, SCR 128, RECORDS MANAGEMENT SERVICE FUND WITHIN and SCR 129 were referred to the Judiciary and Rules Committee THE IDAHO STATE HISTORICAL SOCIETY FOR FISCAL for transmittal to the Office of the Secretary of State. YEAR 2013; APPROPRIATING ADDITIONAL MONEYS Senator Tippets was recorded present at this order of TO THE IDAHO STATE HISTORICAL SOCIETY FOR business. FISCAL YEAR 2013; AUTHORIZING ADDITIONAL FULL-TIME EQUIVALENT POSITIONS TO THE IDAHO The Senate advanced to the Tenth Order of Business. STATE HISTORICAL SOCIETY FOR FISCAL YEAR 2013; REDUCING THE APPROPRIATION TO THE Motions and Resolutions DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR Senator Smyser was recorded present at this order of 2013; AND REDUCING THE NUMBER OF FULL-TIME business. EQUIVALENT POSITIONS FOR THE DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR 2013. The President announced that HCR 47 was before the Senate for final consideration. S 1415 and S 1416 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for Moved by Senator Winder, seconded by Senator Bock, that printing. HCR 47 be adopted. The question being, "Shall the resolution be adopted?" H 672 , by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. Roll call resulted as follows: S 1256, as amended in the House, by Resources and AYES–Andreason, Bair, Bock, Brackett, Broadsword, Environment Committee, was read the first time at length and Cameron, Corder, Darrington, Davis, Fulcher, Hammond, Heider, filed for second reading. Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, Siddoway, Smyser, Stennett, Tippets, The Senate advanced to the Twelfth Order of Business. Toryanski, Winder. Total - 28. Second Reading of Bills NAYS–Bilyeu, Goedde, LeFavour, Pearce, Schmidt, Vick, Werk. Total - 7. H 661, H 624, and H 649 , by Ways and Means Committee, Total - 35. were read the second time at length and filed for third reading. Whereupon the President declared HCR 47 adopted, title H 372 and H 575 , by State Affairs Committee, were read was approved, and the resolution ordered returned to the House. the second time at length and filed for third reading. [March 26, 2012 SENATE JOURNAL 257

The Senate advanced to the Thirteenth Order of Business. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Third Reading of Bills Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, S 1409 was read the third time at length, section by section, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, and placed before the Senate for final consideration. Senator Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Cameron arose as sponsor of the bill and opened the debate. The Toryanski, Vick, Werk, Winder. Total - 35. question being, "Shall the bill pass?" Whereupon the President Pro Tempore declared Roll call resulted as follows: S 1408 passed, title was approved, and the bill ordered AYES–Andreason, Bair, Bilyeu, Bock, Brackett, transmitted to the House. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 588 was read the third time at length, section by section, Lodge, Malepeai, McKenzie, Mortimer, Nuxoll, Pearce, Rice, and placed before the Senate for final consideration. Senator Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Brackett arose as sponsor of the bill and opened the debate. The Werk, Winder. Total - 34. question being, "Shall the bill pass?" NAYS–McKague. Total - 1. On request by Senator Brackett, granted by unanimous consent, H 588 was recommitted to the Education Committee. Total - 35. President Little returned to the Chair. Whereupon the President declared S 1409 passed, title was approved, and the bill ordered transmitted to the House. H 631, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. S 1410 was read the third time at length, section by section, Senator Broadsword arose as sponsor of the bill and opened the and placed before the Senate for final consideration. Senator debate. The question being, "Shall the bill pass?" Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Toryanski, Vick, Werk, Winder. Total - 35. Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Whereupon the President declared H 631, as NAYS–Bilyeu, Bock, LeFavour, Malepeai. Total - 4. amended, passed, title was approved, and the bill ordered Total - 35. returned to the House. Whereupon the President declared S 1410 passed, title was H 443 was read the third time at length, section by section, approved, and the bill ordered transmitted to the House. and placed before the Senate for final consideration. Senator Stennett arose as sponsor of the bill and opened the debate. The On request by Senator Davis, granted by unanimous consent, question being, "Shall the bill pass?" the Senate returned to the Tenth Order of Business. Roll call resulted as follows: Motions and Resolutions AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, The President announced that HJM 14 was before the Senate Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, for final consideration, the question being, "Shall the memorial be Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, adopted?" Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, On motion by Senator Lodge, seconded by Senator Malepeai, Toryanski, Vick, Werk, Winder. Total - 35. HJM 14 was adopted by voice vote, title was approved, and the Whereupon the President declared H 443 passed, title was memorial ordered returned to the House. approved, and the bill ordered returned to the House. H 479, as amended, was read the third time at length, section On request by Senator Davis, granted by unanimous consent, by section, and placed before the Senate for final consideration. the Senate advanced to the Thirteenth Order of Business. Senator McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Third Reading of Bills Roll call resulted as follows: President Little called President Pro Tempore Hill to the Chair. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1408 was read the third time at length, section by section, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, and placed before the Senate for final consideration. Senator Bair Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, arose as sponsor of the bill and opened the debate. The question Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, being, "Shall the bill pass?" Toryanski, Vick, Werk, Winder. Total - 35. 258 SENATE JOURNAL March 26, 2012]

Whereupon the President declared H 479, as Roll call resulted as follows: amended, passed, title was approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 577 was read the third time at length, section by section, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, and placed before the Senate for final consideration. Senator Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, McKenzie arose as sponsor of the bill and opened the debate. Toryanski, Vick, Werk, Winder. Total - 35. The question being, "Shall the bill pass?" Whereupon the President declared H 651 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

AYES–Andreason, Bair, Bilyeu, Bock, Brackett, H 485, as amended, was read the third time at length, section Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, by section, and placed before the Senate for final consideration. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Senator McKenzie arose as sponsor of the bill and opened the Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, debate. The question being, "Shall the bill pass?" Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: Whereupon the President declared H 577 passed, title was AYES–Andreason, Bair, Bilyeu, Bock, Brackett, approved, and the bill ordered returned to the House. Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, H 599 was read the third time at length, section by section, Schmidt, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, and placed before the Senate for final consideration. Senator Winder. Total - 31. Darrington arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" NAYS–Corder, Hill, Pearce, Siddoway. Total - 4. Total - 35. Roll call resulted as follows: Whereupon the President declared H 485, as AYES–Andreason, Bair, Bilyeu, Bock, Brackett, amended, passed, title was approved, and the bill ordered Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, returned to the House. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, On request by Senator Davis, granted by unanimous consent, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, the Senate returned to the Seventh Order of Business. Toryanski, Vick, Werk, Winder. Total - 35.

Whereupon the President declared H 599 passed, title was Reports of Special Committees approved, and the bill ordered returned to the House.

March 23, 2012 H 414 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Senator Brent Hill Winder arose as sponsor of the bill and opened the debate. The President Pro Tempore question being, "Shall the bill pass?" Idaho State Senate

Roll call resulted as follows: Dear President Pro Tempore Hill: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, On March 16, 2012, you appointed a Committee on Ethics, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, pursuant to Senate Rule 53, to investigate the allegations of Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, violations of the Senate Rules or applicable law. We respectfully Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, submit the committee report to the Senate. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Senators Malepeai, Bock and Stennett asserted rules violations in an original letter of complaint dated March 15, Whereupon the President declared H 414 passed, title was 2012. Their complaint alleged that Senator Monty Pearce approved, and the bill ordered returned to the House. failed to properly disclose possible conflicts of interest as required by Senate Rule 39(H), when the Resources and Environment Committee and Senate considered certain oil and H 651 was read the third time at length, section by section, gas administrative rules, draft RS legislation and House bills. and placed before the Senate for final consideration. Senator Darrington arose as sponsor of the bill and opened the debate. The Committee on Ethics consisted of the following six The question being, "Shall the bill pass?" members, three from each political party: Senator Dean Mortimer as Chairman, Senator Jim Hammond, Senator Bert Brackett, Senator Elliot Werk, Senator Diane Bilyeu, and Senator Dan Pursuant to Senate Rule 39(H), Senator Lodge disclosed a Schmidt. possible conflict of interest under applicable law. [March 26, 2012 SENATE JOURNAL 259

Pursuant to Senate Rule 53, I wrote a letter to Senator Reports of Standing Committees Monty Pearce to inform him of the complaint and that a Committee on Ethics had been appointed. This letter was dated and hand-delivered on March 16, 2012. Senator Pearce also On motion by Senator Davis, seconded by Senator Malepeai, received a copy of the complaint on March 16, 2012. by voice vote, the Senate recessed at 12 noon until the hour of 1:30 p.m. of this day. The Committee on Ethics met on March 19, 20 and 21, 2012. At the initial committee meeting on March 19, 2012, the RECESS committee was briefed by Mr. Brian Kane from the Attorney AFTERNOON SESSION General's office regarding the applicable Senate Rules and law. The complaint was taken under consideration and the committee The Senate reconvened at 1:30 p.m., pursuant to recess, asked the complainants in writing on March 19, 2012, to narrow President Little presiding. the allegations. The complainants were asked to respond in writing by 8:00 a.m. on March 20, 2012. Senator Pearce was also asked to respond in writing to the committee by 8:00 a.m., Roll call showed all members present except Senators March 20, 2012, to the original complaint. Cameron and LeFavour, absent and excused. On March 20, 2012, the committee received a revised Prior to recess the Senate was at the Sixth Order of Business, complaint letter dated March 19, 2012 from the three Reports of Standing Committees. complainants. They had narrowed the allegations of Senator Pearce's failure to properly disclose to the Resources and March 26, 2012 Environment Committee and the Senate, with regard to House The JUDICIARY AND RULES Committee reports that Bill 464. Senator Bock and Senator Stennett presented specific S 1243, as amended in the House, as amended in the House, and argument and testimony in the revised complaint to the committee S 1274, as amended in the House, have been correctly enrolled. and answered questions from the members. Mr. Kane was asked to advise the committee on the revised complaint and DARRINGTON, Chairman the complainants' testimony. The Committee also received on March 20, 2012, a letter from Mr. Charles F. Peterson, attorney The President signed Enrolled S 1243, as amended in the representing Senator Pearce, dated March 20, 2012, in response House, as amended in the House, and S 1274, as amended in to the original complaint. Mr. Peterson presented testimony and the House, and ordered them transmitted to the House for the answered questions from committee members. The committee signature of the Speaker. agreed that more information was needed about existing leases, March 26, 2012 in order to compare Senator Pearce's leases to others. The JUDICIARY AND RULES Committee reports that On March 21, 2012, Chairman Mortimer invited Senator Enrolled S 1271, S 1279, S 1293, S 1294, as amended, S 1309, Bock to address the committee, on behalf of the three S 1326, S 1344, S 1370, S 1360, S 1231, as amended, S 1255, complainants. Mr. Peterson, representing Senator Pearce, was as amended, as amended, S 1286, S 1304, S 1313, S 1321, then given time to present a letter dated March 21, 2012, to as amended, S 1327, S 1328, S 1329, S 1337, as amended, the committee, and he presented testimony and responded S 1338, S 1341, S 1356, as amended, S 1388, S 1389, S 1391, to questions. Senator Stennett gave further testimony. The and S 1392 were delivered to the Office of the Governor at committee examined a sampling of various oil and gas leases 10:45 a.m., March 26, 2012. provided by Mr. Kane. Mr. Kane advised the committee and answered questions. DARRINGTON, Chairman The report was ordered filed in the office of the Secretary of After completing its preliminary investigation at its March the Senate. 21, 2012, meeting, a motion to dismiss the complaint was made by Senator Hammond and seconded by Senator Schmidt. The Senator LeFavour was recorded present at this order of motion passed unanimously by voice vote. The Committee on business. Ethics found that probable cause does not exist that a violation had occurred, and that the complaint should be dismissed against March 26, 2012 Senator Monty Pearce. The JUDICIARY AND RULES Committee reports that Sincerely, Enrolled SCR 112, SCR 114, SCR 115, SCR 117, SCR 118, /s/ Dean M. Mortimer, Chairman SCR 119, SCR 120, SCR 121, SCR 122, SCR 124, SCR 128, Senate Ethics Committee and SCR 129 were delivered to the Office of the Secretary of State at 11:21 a.m., March 26, 2012. On request by Senator Davis, granted by unanimous consent, the Committee on Ethics report was ordered spread upon the DARRINGTON, Chairman pages of the Journal. The report was ordered filed in the office of the Secretary of the Senate. The report was ordered filed in the office of the Secretary of March 26, 2012 the Senate. The FINANCE Committee reports out S 1412, S 1413, and S 1414 with the recommendation that they do pass. On request by Senator Davis, granted by unanimous consent, CAMERON, Chairman the Senate returned to the Sixth Order of Business. S 1412, S 1413, and S 1414 were filed for second reading. 260 SENATE JOURNAL March 26, 2012]

March 26, 2012 Roll call resulted as follows: The EDUCATION Committee reports out H 672 with the AYES–Andreason, Bair, Bilyeu, Bock, Brackett, recommendation that it do pass. Broadsword, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, GOEDDE, Chairman Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, H 672 was filed for second reading. Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. NAYS–None. Absent and excused–Cameron. Total - 1. Messages from the House Total - 35. March 26, 2012 Whereupon the President declared H 458 passed, title was Dear Mr. President: approved, and the bill ordered returned to the House. I transmit herewith Enrolled H 426, as amended in the Senate, for the signature of the President. Senator Cameron was recorded present at this order of business. ALEXANDER, Chief Clerk The President signed Enrolled H 426, as amended in the H 542, as amended, was read the third time at length, section Senate, and ordered it returned to the House. by section, and placed before the Senate for final consideration. March 26, 2012 Senator Corder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Dear Mr. President: Roll call resulted as follows: I return herewith S 1401, S 1402, S 1383, as amended, S 1404, S 1405, and S 1403 , which have passed the House. AYES–Brackett, Broadsword, Cameron, Corder, Fulcher, Heider, Johnson, Keough, McKague, McKenzie, Nuxoll, Pearce, ALEXANDER, Chief Clerk Smyser, Tippets, Vick. Total - 15. S 1401, S 1402, S 1383, as amended, S 1404, S 1405, and NAYS–Andreason, Bair, Bilyeu, Bock, Darrington, Davis, S 1403 were referred to the Judiciary and Rules Committee for Goedde, Hammond, Hill, LeFavour, Lodge, Malepeai, Mortimer, enrolling. Rice, Schmidt, Siddoway, Stennett, Toryanski, Werk, Winder. March 26, 2012 Total - 20. Dear Mr. President: Total - 35. I return herewith Enrolled S 1270, S 1280, S 1295, as Whereupon the President declared that H 542, as amended, and S 1330 , which have been signed by the Speaker. amended, had failed to pass the Senate and ordered the bill returned to the House. ALEXANDER, Chief Clerk

Enrolled S 1270, S 1280, S 1295, as amended, and H 682 was read the third time at length, section by section, S 1330 were referred to the Judiciary and Rules Committee for and placed before the Senate for final consideration. Senator transmittal to the Office of the Governor. Broadsword arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" March 26, 2012 Roll call resulted as follows: Dear Mr. President: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, I return herewith Enrolled SCR 123 , which has been signed Broadsword, Cameron, Corder, Darrington, Davis, Goedde, by the Speaker. Hammond, Heider, Hill, Johnson, Keough, Lodge, Malepeai, McKenzie, Mortimer, Rice, Schmidt, Siddoway, Smyser, ALEXANDER, Chief Clerk Stennett, Tippets, Toryanski, Werk, Winder. Total - 29. Enrolled SCR 123 was referred to the Judiciary and Rules NAYS–Fulcher, McKague, Nuxoll, Vick. Total - 4. Committee for transmittal to the Office of the Secretary of State. Absent and excused–LeFavour, Pearce. Total - 2. On request by Senator Davis, granted by unanimous consent, Total - 35. the Senate advanced to the Thirteenth Order of Business. Whereupon the President declared H 682 passed, title was approved, and the bill ordered returned to the House. Third Reading of Bills H 458 was read the third time at length, section by section, H 668 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Tippets arose as sponsor of the bill and opened the debate. The Bilyeu arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" [March 26, 2012 SENATE JOURNAL 261

H 669 was read the third time at length, section by section, H 676 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKenzie, Mortimer, Nuxoll, Pearce, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Schmidt, Siddoway, Stennett, Tippets, Toryanski, Vick, Werk, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Winder. Total - 32. Toryanski, Vick, Werk, Winder. Total - 35. NAYS–McKague. Total - 1. Whereupon the President declared H 676 passed, title was Absent and excused–Rice, Smyser. Total - 2. approved, and the bill ordered returned to the House. Total - 35. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Whereupon the President declared H 669 passed, title was approved, and the bill ordered returned to the House. Miscellaneous Business

H 674 was read the third time at length, section by section, On motion by Senator Davis, seconded by Senator Malepeai, and placed before the Senate for final consideration. Senator by voice vote, the Senate adjourned at 4:10 p.m. until the hour of Toryanski arose as sponsor of the bill and opened the debate. 9 a.m., Tuesday, March 27, 2012. The question being, "Shall the bill pass?" BRAD LITTLE, President Roll call resulted as follows: Attest: JENNIFER NOVAK, Secretary AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. NAYS–None. Absent and excused–Nuxoll. Total - 1. Total - 35. Whereupon the President declared H 674 passed, title was approved, and the bill ordered returned to the House.

H 675 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" 262 SENATE JOURNAL March 27, 2012]

SENATE JOURNAL March 26, 2012 OF THE The JUDICIARY AND RULES Committee reports that Enrolled S 1270, S 1280, S 1295, as amended, and S 1330 were delivered to the Office of the Governor at 2:15 p.m., IDAHO LEGISLATURE March 26, 2012. SECOND REGULAR SESSION DARRINGTON, Chairman SIXTY-FIRST LEGISLATURE The report was ordered filed in the office of the Secretary of the Senate. March 27, 2012

SEVENTY-NINTH LEGISLATIVE DAY The JUDICIARY AND RULES Committee reports that TUESDAY, MARCH 27, 2012 S 1383, as amended, S 1401, S 1402, S 1403, S 1404, S 1405, S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, S 1400, SCR 125, SCR 130, SCR 131, SCR 132, SJM 103, SJM 104, Senate Chamber and SJM 105 have been correctly enrolled. President Pro Tempore Hill called the Senate to order at 9 DARRINGTON, Chairman a.m. The President signed Enrolled S 1383, as amended, S 1401, S 1402, S 1403, S 1404, S 1405, S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, S 1400, SCR 125, SCR 130, SCR 131, SCR 132, Roll call showed all members present except Senator SJM 103, SJM 104, and SJM 105 and ordered them transmitted McKenzie, absent and formally excused by the Chair; and to the House for the signature of the Speaker. Senators Brackett, Corder, Goedde, and Tippets, absent and excused. Senator Goedde was recorded present at this order of Prayer was offered by Chaplain Keith Buhler. business. The Pledge of Allegiance was led by Marc Christensen, Page. March 26, 2012 The Senate advanced to the Third Order of Business. The RESOURCES AND ENVIRONMENT Committee reports out HJR 2, as amended, with the recommendation that it do pass. Reading and Correction of the Journal PEARCE, Chairman The JUDICIARY AND RULES Committee reports that the HJR 2, as amended, was filed for second reading. Senate Journal of the proceedings of March 26, 2012, was read and approved as corrected. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. DARRINGTON, Chairman

There being no objection, the report was adopted and ordered Messages from the Governor filed in the office of the Secretary of the Senate.

On request by Senator Davis, granted by unanimous consent, March 26, 2012 the Senate advanced to the Sixth Order of Business. The Honorable Brad Little Reports of Standing Committees President of the Senate Idaho Legislature

March 27, 2012 Dear Mr. President: The JUDICIARY AND RULES Committee reports that I have the honor to inform you that I have signed today and S 1415 and S 1416 have been correctly printed. am transmitting to the Secretary of State the following Senate Bills, to wit: DARRINGTON, Chairman S 1350, S 1351, S 1352, S 1353, S 1354, S 1415 and S 1416 were referred to the Finance Committee. S 1361, S 1367, S 1375, S 1376, S 1382, and March 26, 2012 S 1384 The JUDICIARY AND RULES Committee reports that As Always - Idaho, Esto Perpetua Enrolled SCR 123 was delivered to the Office of the Secretary /s/ C.L. "Butch" Otter of State at 2:02 p.m., March 26, 2012. Governor of Idaho DARRINGTON, Chairman The correspondence was ordered filed in the office ofthe Secretary of the Senate. The report was ordered filed in the office of the Secretary of the Senate. The Senate advanced to the Ninth Order of Business. [March 27, 2012 SENATE JOURNAL 263

Messages from the House The Senate advanced to the Thirteenth Order of Business. Third Reading of Bills March 26, 2012 President Pro Tempore Hill called Senator Smyser to the Dear Mr. President: Chair. I transmit herewith H 694, H 695, and H 696 , which have H 677 was read the third time at length, section by section, passed the House. and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The ALEXANDER, Chief Clerk question being, "Shall the bill pass?" H 694, H 695, and H 696 were filed for first reading. Roll call resulted as follows: March 26, 2012 AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Cameron, Dear Mr. President: Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, I transmit herewith Enrolled H 619, as amended, H 583, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, H 515, as amended, H 584, as amended, H 634, H 551, H 648, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. HJM 13, HCR 46, and HCR 49 for the signature of the President. NAYS–None. ALEXANDER, Chief Clerk Absent and excused–Broadsword, McKenzie, Schmidt. Total - 3. The President Pro Tempore signed Enrolled H 619, as amended, H 583, H 515, as amended, H 584, as amended, Total - 35. H 634, H 551, H 648, HJM 13, HCR 46, and HCR 49 and Whereupon the Acting President declared H 677 passed, title ordered them returned to the House. was approved, and the bill ordered returned to the House. March 26, 2012 H 678 was read the third time at length, section by section, Dear Mr. President: and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The I return herewith S 1343, S 1363, S 1365, S 1366, and question being, "Shall the bill pass?" S 1373 , which have passed the House. Roll call resulted as follows: ALEXANDER, Chief Clerk AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Cameron, S 1343, S 1363, S 1365, S 1366, and S 1373 were referred Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, to the Judiciary and Rules Committee for enrolling. Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, Senators Brackett, Corder, and Tippets were recorded present Tippets, Toryanski, Vick, Werk, Winder. Total - 32. at this order of business. NAYS–None. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Absent and excused–Broadsword, McKenzie, Schmidt. Total - 3. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Total - 35. Whereupon the Acting President declared H 678 passed, title H 694 , by Education Committee, was introduced, read the was approved, and the bill ordered returned to the House. first time at length, and referred to the Education Committee. H 679 was read the third time at length, section by section, H 695 and H 696 , by Appropriations Committee, were and placed before the Senate for final consideration. Senator introduced, read the first time at length, and referred to the Toryanski arose as sponsor of the bill and opened the debate. Finance Committee. The question being, "Shall the bill pass?" The Senate advanced to the Twelfth Order of Business. Roll call resulted as follows: Second Reading of Bills AYES–Andreason, Bair, Bilyeu, Bock, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, H 684, H 685, and H 686 , by Appropriations Committee, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, were read the second time at length and filed for third reading. Tippets, Toryanski, Vick, Werk, Winder. Total - 31. S 1256, as amended in the House, by Resources and NAYS–None. Environment Committee, was read the second time at length and filed for third reading. Absent and excused–Brackett, Broadsword, McKenzie, Schmidt. Total - 4. S 1412, S 1413, and S 1414 , by Finance Committee, were read the second time at length and filed for third reading. Total - 35. H 672 , by Education Committee, was read the second time Whereupon the Acting President declared H 679 passed, title at length and filed for third reading. was approved, and the bill ordered returned to the House. 264 SENATE JOURNAL March 27, 2012]

Acting President Smyser called Senator LeFavour to the H 661 was read the third time at length, section by section, Chair. and placed before the Senate for final consideration. Senator Rice arose as sponsor of the bill and opened the debate. The question H 680 was read the third time at length, section by section, being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bilyeu, Bock, Brackett, Broadsword, Roll call resulted as follows: Cameron, Corder, Darrington, Davis, Fulcher, Goedde, AYES–Andreason, Bair, Bilyeu, Bock, Cameron, Corder, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, Winder. Total - 33. Tippets, Vick, Werk, Winder. Total - 30. NAYS–None. NAYS–None. Absent and excused–Bair, McKenzie. Total - 2. Absent and excused–Brackett, Broadsword, McKenzie, Schmidt, Toryanski. Total - 5. Total - 35. Total - 35. Whereupon the Acting President declared H 661 passed, title was approved, and the bill ordered returned to the House. Whereupon the Acting President declared H 680 passed, title was approved, and the bill ordered returned to the House. H 624 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 681 was read the third time at length, section by section, Goedde arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator question being, "Shall the bill pass?" Heider arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, AYES–Andreason, Bair, Bilyeu, Bock, Cameron, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Malepeai, Mortimer, Rice, Schmidt, Smyser, Stennett, Tippets, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Toryanski, Werk, Winder. Total - 28. Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. NAYS–Fulcher, McKague, Nuxoll, Pearce, Siddoway, Vick. NAYS–None. Total - 6. Absent and excused–Brackett, Broadsword, Corder, Absent and excused–McKenzie. Total - 1. McKenzie. Total - 4. Total - 35. Total - 35. Whereupon the Acting President declared H 624 passed, title Whereupon the Acting President declared H 681 passed, title was approved, and the bill ordered returned to the House. was approved, and the bill ordered returned to the House. Acting President McKague called Senator Bilyeu to the H 611 was read the third time at length, section by section, Chair. and placed before the Senate for final consideration. Senator Smyser arose as sponsor of the bill and opened the debate. The H 649 was read the third time at length, section by section, question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Goedde arose as sponsor of the bill and opened the debate. The Roll call resulted as follows: question being, "Shall the bill pass?" AYES–Andreason, Bair, Bilyeu, Bock, Broadsword, Roll call resulted as follows: Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Hammond, Heider, Hill, Johnson, LeFavour, Lodge, Malepeai, Winder. Total - 33. Mortimer, Schmidt, Siddoway, Stennett, Tippets, Toryanski, Werk, Winder. Total - 26. NAYS–None. Absent and excused–Brackett, McKenzie. Total - 2. NAYS–Fulcher, Keough, McKague, Nuxoll, Pearce, Rice, Smyser, Vick. Total - 8. Total - 35. Absent and excused–McKenzie. Total - 1. Whereupon the Acting President declared H 611 passed, title was approved, and the bill ordered returned to the House. Total - 35. Acting President LeFavour called Senator McKague to the Whereupon the Acting President declared H 649 passed, title Chair. was approved, and the bill ordered returned to the House. [March 27, 2012 SENATE JOURNAL 265

H 372 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. President Pro Tempore Hill arose as sponsor of the bill and opened the debate. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, The question being, "Shall the bill pass?" Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Roll call resulted as follows: Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, NAYS–None. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Absent and excused–Corder, McKenzie. Total - 2. Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Total - 35. NAYS–None. More than two-thirds having voted in the affirmative, the President Pro Tempore declared the rules suspended. Absent and excused–McKenzie. Total - 1. HJR 2, as amended, was read the second time by title and Total - 35. the third time at length, section by section, and placed before the Senate for final consideration. Senator Heider arose as sponsor of Whereupon the Acting President declared H 372 passed, title the resolution and opened the debate. The question being, "Shall was approved, and the bill ordered returned to the House. the resolution be adopted?" Roll call resulted as follows: H 575 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Bock, Brackett, Broadsword, Lodge arose as sponsor of the bill and opened the debate. The Cameron, Corder, Darrington, Davis, Fulcher, Goedde, question being, "Shall the bill pass?" Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 31. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, NAYS–Bilyeu, Stennett, Werk. Total - 3. Broadsword, Cameron, Davis, Fulcher, Goedde, Hammond, Absent and excused–McKenzie. Total - 1. Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Total - 35. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. More than two-thirds having voted in the affirmative, the President Pro Tempore declared HJR 2, as amended, adopted, NAYS–None. title was approved, and the resolution ordered returned to the House. Absent and excused–Corder, Darrington, McKenzie. Total - 3. On request by Senator Davis, granted by unanimous consent, Total - 35. the Senate advanced to the Fifteenth Order of Business. Whereupon the Acting President declared H 575 passed, title Miscellaneous Business was approved, and the bill ordered returned to the House. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote, the Senate adjourned at 12:10 p.m. until the hour President Pro Tempore Hill returned to the Chair. of 9 a.m., Wednesday, March 28, 2012. On request by Senator Davis, granted by unanimous consent, BRENT HILL, President Pro Tempore the Senate returned to the Twelfth Order of Business. Attest: JENNIFER NOVAK, Secretary

Second Reading of Bills Motion to Suspend Rules

Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of HJR 2, as amended, 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 HJR 2, as amended, be read the second time by title and the third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" 266 SENATE JOURNAL March 28, 2012]

SENATE JOURNAL The President signed Enrolled S 1343, S 1363, S 1365, S 1366, and S 1373 and ordered them transmitted to the House OF THE for the signature of the Speaker. IDAHO LEGISLATURE March 27, 2012 The LOCAL GOVERNMENT AND TAXATION SECOND REGULAR SESSION Committee reports out H 687 and H 691 with the SIXTY-FIRST LEGISLATURE recommendation that they do pass. CORDER, Chairman H 687 and H 691 were filed for second reading.

EIGHTIETH LEGISLATIVE DAY On request by Senator Davis, granted by unanimous consent, WEDNESDAY, MARCH 28, 2012 the Senate advanced to the Eighth Order of Business.

Senate Chamber Messages from the Governor President Little called the Senate to order at 9 a.m. March 27, 2012 The Honorable Brad Little Roll call showed all members present except Senator Lodge, President of the Senate absent and excused. Idaho Legislature Prayer was offered by Chaplain Keith Buhler. Dear Mr. President: The Pledge of Allegiance was led by Ben Stringham, Page. I have the honor to inform you that I have signed today and The Senate advanced to the Third Order of Business. am transmitting to the Secretary of State the following Senate Bills, to wit: Reading and Correction of the Journal S 1260, S 1261, S 1262, S 1273, S 1289, The JUDICIARY AND RULES Committee reports that the S 1291, S 1307, S 1314, S 1319, S 1323, as Senate Journal of the proceedings of March 27, 2012, was read amended, S 1332, S 1335, S 1346, S 1359, and approved as corrected. S 1377, and S 1381 DARRINGTON, Chairman As Always - Idaho, Esto Perpetua There being no objection, the report was adopted and ordered /s/ C.L. "Butch" Otter filed in the office of the Secretary of the Senate. Governor of Idaho On request by Senator Davis, granted by unanimous consent, The correspondence was ordered filed in the office ofthe the Senate advanced to the Sixth Order of Business. Secretary of the Senate. Reports of Standing Committees The Senate advanced to the Ninth Order of Business. March 27, 2012 The FINANCE Committee reports out H 695, H 696, S 1415, Messages from the House and S 1416 with the recommendation that they do pass. CAMERON, Chairman March 27, 2012 H 695, H 696, S 1415, and S 1416 were filed for second Dear Mr. President: reading. I transmit herewith H 693 , which has passed the House. Senator Lodge was recorded present at this order of business. ALEXANDER, Chief Clerk March 27, 2012 H 693 was filed for first reading. The JUDICIARY AND RULES Committee reports out H 639, as amended, with the recommendation that it do pass. March 27, 2012 DARRINGTON, Chairman Dear Mr. President: H 639, as amended, was filed for second reading. I transmit herewith Enrolled H 458, H 682, H 668, H 669, H 674, H 675, H 676, H 564, as amended, as amended in the March 27, 2012 Senate, H 439, as amended, as amended in the Senate, H 631, The JUDICIARY AND RULES Committee reports that as amended, H 443, H 479, as amended, H 577, H 599, H 414, S 1343, S 1363, S 1365, S 1366, and S 1373 have been correctly H 651, H 485, as amended, HCR 47, and HJM 14 for the enrolled. signature of the President. DARRINGTON, Chairman ALEXANDER, Chief Clerk [March 28, 2012 SENATE JOURNAL 267

The President signed Enrolled H 458, H 682, H 668, H 669, Third Reading of Bills H 674, H 675, H 676, H 564, as amended, as amended in the Senate, H 439, as amended, as amended in the Senate, H 631, H 684 was read the third time at length, section by section, as amended, H 443, H 479, as amended, H 577, H 599, H 414, and placed before the Senate for final consideration. Senator H 651, H 485, as amended, HCR 47, and HJM 14 and ordered Keough arose as sponsor of the bill and opened the debate. The them returned to the House. question being, "Shall the bill pass?" March 27, 2012 Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Dear Mr. President: Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, I return herewith S 1390, as amended, S 1395, S 1406, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, S 1407, S 1409, S 1410, and S 1408 , which have passed the Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, House. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. ALEXANDER, Chief Clerk Whereupon the President declared H 684 passed, title was S 1390, as amended, S 1395, S 1406, S 1407, S 1409, S 1410, approved, and the bill ordered returned to the House. and S 1408 were referred to the Judiciary and Rules Committee On request by Senator Davis, granted by unanimous consent, for enrolling. H 685 retained its place on the Third Reading Calendar for one March 27, 2012 legislative day. Dear Mr. President: President Little called Senator Broadsword to the Chair. H 686 was read the third time at length, section by section, I return herewith Enrolled S 1243, as amended in the House, and placed before the Senate for final consideration. Senator as amended in the House, S 1274, as amended in the House, Heider arose as sponsor of the bill and opened the debate. The S 1383, as amended, S 1401, S 1402, S 1403, S 1404, S 1405, question being, "Shall the bill pass?" S 1393, S 1394, S 1396, S 1397, S 1398, S 1399, and S 1400 , which have been signed by the Speaker. Roll call resulted as follows: ALEXANDER, Chief Clerk AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Enrolled S 1243, as amended in the House, as amended Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, in the House, S 1274, as amended in the House, S 1383, as Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, amended, S 1401, S 1402, S 1403, S 1404, S 1405, S 1393, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, S 1394, S 1396, S 1397, S 1398, S 1399, and S 1400 were Toryanski, Vick, Werk, Winder. Total - 35. referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. Whereupon the Acting President declared H 686 passed, title was approved, and the bill ordered returned to the House. March 27, 2012 On request by Senator Davis, granted by unanimous consent, Dear Mr. President: H 685 was placed before the Senate for final consideration at this time. I return herewith Enrolled SCR 125, SCR 130, SCR 131, SCR 132, SJM 103, SJM 104, and SJM 105 , which have been H 685 was read the third time at length, section by section, signed by the Speaker. and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The ALEXANDER, Chief Clerk question being, "Shall the bill pass?" Enrolled SCR 125, SCR 130, SCR 131, SCR 132, SJM 103, Roll call resulted as follows: SJM 104, and SJM 105 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, On request by Senator Winder, granted by unanimous Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, consent, the Senate advanced to the Eleventh Order of Business. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk. Total - 34. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials NAYS–None. Absent and excused–Winder. Total - 1. H 693 , by Ways and Means Committee, was introduced, Total - 35. read the first time at length, and referred to the State Affairs Committee. Whereupon the President declared H 685 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. On request by Senator Davis, granted by unanimous consent, S 1256, as amended in the House, retained its place on the Third Reading Calendar for one legislative day. 268 SENATE JOURNAL March 28, 2012]

S 1412 was read the third time at length, section by section, S 1414 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Bair Brackett arose as sponsor of the bill and opened the debate. The arose as sponsor of the bill and opened the debate. The question question being, "Shall the bill pass?" being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Lodge, Malepeai, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Werk, Winder. Total - 34. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. NAYS–McKague. Total - 1. Whereupon the President declared S 1414 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the Acting President declared S 1412 passed, H 672 was read the third time at length, section by section, title was approved, and the bill ordered transmitted to the House. and placed before the Senate for final consideration. Senator Mortimer arose as sponsor of the bill and opened the debate. President Little returned to the Chair. The question being, "Shall the bill pass?" On request by Senator Davis, granted by unanimous consent, Roll call resulted as follows: S 1256, as amended in the House, was placed before the Senate AYES–Andreason, Bair, Bilyeu, Bock, Brackett, for final consideration at this time. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, S 1256, as amended in the House, was read the third time Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, at length, section by section, and placed before the Senate for Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, final consideration. Senator Bair arose as sponsor of the billand Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, opened the debate. The question being, "Shall the bill pass?" Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: Whereupon the President declared H 672 passed, title was approved, and the bill ordered returned to the House. AYES–Bair, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Keough, On request by Senator Davis, granted by unanimous consent, Lodge, McKague, McKenzie, Rice, Siddoway, Smyser, Winder. H 653 was removed from the Consent Calendar and placed before Total - 19. the Senate for consideration at this time. NAYS–Andreason, Bilyeu, Bock, Corder, Johnson, H 653 was read the third time at length, section by section, LeFavour, Malepeai, Mortimer, Nuxoll, Pearce, Schmidt, and placed before the Senate for final consideration. Senator Stennett, Tippets, Toryanski, Vick, Werk. Total - 16. Corder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Total - 35. Roll call resulted as follows: Whereupon the President declared S 1256, as amended in the House, passed, title was approved, and the bill referred to AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Judiciary and Rules Committee for enrolling. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, S 1413 was read the third time at length, section by section, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, and placed before the Senate for final consideration. Senator Toryanski, Vick, Werk, Winder. Total - 35. Keough arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 653 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows: The Senate advanced to the Fourteenth Order of Business. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, On request by Senator Brackett, granted by unanimous Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, consent, S 1282 was recommitted to the Resources and Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Environment Committee. Vick, Winder. Total - 28. On request by Senator Davis, granted by unanimous consent, NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, the Senate returned to the Sixth Order of Business. Stennett, Werk. Total - 7. Reports of Standing Committees Total - 35. On motion by Senator Davis, seconded by Senator Malepeai, Whereupon the President declared S 1413 passed, title was by voice vote, the Senate recessed at 12:20 p.m. until the hour of approved, and the bill ordered transmitted to the House. 2 p.m. of this day. [March 28, 2012 SENATE JOURNAL 269

RECESS H 660 was filed for first reading. AFTERNOON SESSION On request by Senator Davis, granted by unanimous consent, The Senate reconvened at 2 p.m., pursuant to recess, the Senate advanced to the Eleventh Order of Business. President Little presiding. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Roll call showed all members present except Senator Schmidt, absent and formally excused by the Chair; and Senators Brackett, Cameron, Fulcher, Lodge, McKague, and Pearce, H 660 , by Ways and Means Committee, was introduced, absent and excused. read the first time at length, and referred to the Judiciary and Rules Committee. Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees. The Senate advanced to the Twelfth Order of Business. March 28, 2012 Second Reading of Bills The JUDICIARY AND RULES Committee reports that Enrolled SCR 125, SCR 130, SCR 131, SCR 132, SJM 103, SJM 104, and SJM 105 were delivered to the Office of the Motion to Suspend Rules Secretary of State at 10:35 a.m., March 28, 2012. Moved by Senator Davis, seconded by Senator Werk, that DARRINGTON, Chairman all rules of the Senate interfering with the immediate passage of H 695 be suspended; that the portions of Section 15, Article 3, The report was ordered filed in the office of the Secretary of of the Constitution of the State of Idaho requiring all bills to be the Senate. read on three several days be dispensed with, this being a case of Senator Cameron was recorded present at this order of urgency, and that H 695 be read the second time by title and the business. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" March 28, 2012 Roll call resulted as follows: The JUDICIARY AND RULES Committee reports that Enrolled S 1243, as amended in the House, as amended in the AYES–Andreason, Bair, Bilyeu, Bock, Brackett, House, S 1274, as amended in the House, S 1383, as amended, Broadsword, Cameron, Corder, Darrington, Davis, Goedde, S 1401, S 1402, S 1403, S 1404, S 1405, S 1393, S 1394, S 1396, Hammond, Heider, Johnson, Keough, LeFavour, Lodge, S 1397, S 1398, S 1399, and S 1400 were delivered to the Office Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Rice, of the Governor at 11:11 a.m., March 28, 2012. Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. DARRINGTON, Chairman NAYS–None. The report was ordered filed in the office of the Secretary of the Senate. Absent and excused–Fulcher, Hill, Pearce, Schmidt. Total - 4. March 28, 2012 Total - 35. The JUDICIARY AND RULES Committee reports that More than two-thirds having voted in the affirmative, the S 1390, as amended, S 1395, S 1406, S 1407, S 1409, S 1410, President declared the rules suspended. S 1408, and S 1256, as amended in the House, have been Senators Fulcher and Pearce were recorded present at this correctly enrolled. order of business. DARRINGTON, Chairman H 695 was read the second time by title and the third time The President signed Enrolled S 1390, as amended, S 1395, at length, section by section, and placed before the Senate for S 1406, S 1407, S 1409, S 1410, S 1408, and S 1256, as amended final consideration. Senator Bair arose as sponsor of the billand in the House, and ordered them transmitted to the House for the opened the debate. The question being, "Shall the bill pass?" signature of the Speaker. Roll call resulted as follows: On request by Senator Davis, granted by unanimous consent, AYES–Bair, Brackett, Cameron, Corder, Davis, Fulcher, the Senate advanced to the Ninth Order of Business. Goedde, Hammond, Heider, Hill, Keough, Lodge, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Messages from the House Toryanski, Vick, Winder. Total - 23. Senators Brackett, Lodge, and McKague were recorded NAYS–Andreason, Bilyeu, Bock, Broadsword, Darrington, present at this order of business. Johnson, LeFavour, Malepeai, McKague, Stennett, Werk. Total - 11. March 28, 2012 Absent and excused–Schmidt. Total - 1. Dear Mr. President: Total - 35. I transmit herewith H 660 , which has passed the House. Whereupon the President declared H 695 passed, title was ALEXANDER, Chief Clerk approved, and the bill ordered returned to the House. 270 SENATE JOURNAL March 28, 2012]

Motion to Suspend Rules Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Moved by Senator Davis, seconded by Senator Malepeai, that Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, all rules of the Senate interfering with the immediate passage of Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 696 be suspended; that the portions of Section 15, Article 3, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, of the Constitution of the State of Idaho requiring all bills to be Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, read on three several days be dispensed with, this being a case of Vick, Werk, Winder. Total - 34. urgency, and that H 696 be read the second time by title and the third time at length, section by section, and be put upon its final NAYS–None. passage. The question being, "Shall the rules be suspended?" Absent and excused–Schmidt. Total - 1. Total - 35. Roll call resulted as follows: More than two-thirds having voted in the affirmative, the AYES–Andreason, Bair, Bilyeu, Bock, Brackett, President declared the rules suspended. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, S 1415 was read the second time by title and the third time at Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, length, section by section, and placed before the Senate for final Vick, Werk, Winder. Total - 34. consideration. Senator Broadsword arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" NAYS–None. Absent and excused–Schmidt. Total - 1. Roll call resulted as follows: Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, More than two-thirds having voted in the affirmative, the Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, President declared the rules suspended. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. H 696 was read the second time by title and the third time at length, section by section, and placed before the Senate for NAYS–None. final consideration. Senator Bilyeu arose as sponsor of thebill and opened the debate. The question being, "Shall the bill pass?" Absent and excused–Schmidt. Total - 1. Total - 35. Roll call resulted as follows: Whereupon the President declared S 1415 passed, title was AYES–Andreason, Bair, Bilyeu, Bock, Brackett, approved, and the bill ordered transmitted to the House. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Motion to Suspend Rules Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, Moved by Senator Davis, seconded by Senator Malepeai, that Vick, Werk, Winder. Total - 34. all rules of the Senate interfering with the immediate passage of S 1416 be suspended; that the portions of Section 15, Article 3, NAYS–None. 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 Absent and excused–Schmidt. Total - 1. urgency, and that S 1416 be read the second time by title and the Total - 35. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" Whereupon the President declared H 696 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Motion to Suspend Rules Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Moved by Senator Davis, seconded by Senator Malepeai, that Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, all rules of the Senate interfering with the immediate passage of Vick, Werk, Winder. Total - 34. S 1415 be suspended; that the portions of Section 15, Article 3, NAYS–None. 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 Absent and excused–Schmidt. Total - 1. urgency, and that S 1415 be read the second time by title and the third time at length, section by section, and be put upon its final Total - 35. passage. The question being, "Shall the rules be suspended?" More than two-thirds having voted in the affirmative, the President declared the rules suspended. [March 28, 2012 SENATE JOURNAL 271

S 1416 was read the second time by title and the third time Whereupon the President declared H 639, as at length, section by section, and placed before the Senate for amended, passed, title was approved, and the bill ordered final consideration. Senator Heider arose as sponsor of thebill returned to the House. and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Motion to Suspend Rules AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Moved by Senator Davis, seconded by Senator Malepeai, that Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, all rules of the Senate interfering with the immediate passage of Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, H 687 be suspended; that the portions of Section 15, Article 3, Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, of the Constitution of the State of Idaho requiring all bills to be Vick, Werk, Winder. Total - 34. read on three several days be dispensed with, this being a case of urgency, and that H 687 be read the second time by title and the NAYS–None. third time at length, section by section, and be put upon its final Absent and excused–Schmidt. Total - 1. passage. The question being, "Shall the rules be suspended?" Total - 35. Roll call resulted as follows: Whereupon the President declared S 1416 passed, title was AYES–Andreason, Bair, Bilyeu, Bock, Brackett, approved, and the bill ordered transmitted to the House. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Motion to Suspend Rules Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Moved by Senator Winder, seconded by Senator Malepeai, Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, that all rules of the Senate interfering with the immediate passage Vick, Werk, Winder. Total - 34. of H 639, as amended, be suspended; that the portions of Section NAYS–None. 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 Absent and excused–Schmidt. Total - 1. being a case of urgency, and that H 639, as amended, be read the second time by title and the third time at length, section by Total - 35. section, and be put upon its final passage. The question being, More than two-thirds having voted in the affirmative, the "Shall the rules be suspended?" President declared the rules suspended. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, H 687 was read the second time by title and the third time Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, at length, section by section, and placed before the Senate for Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, final consideration. Senator Rice arose as sponsor of the billand Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, opened the debate. The question being, "Shall the bill pass?" Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 34. Roll call resulted as follows: NAYS–None. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Absent and excused–Schmidt. Total - 1. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Total - 35. Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, More than two-thirds having voted in the affirmative, the Vick, Werk, Winder. Total - 34. President declared the rules suspended. NAYS–None. H 639, as amended, was read the second time by title and Absent and excused–Schmidt. Total - 1. the third time at length, section by section, and placed before the Senate for final consideration. Senator Davis arose as sponsor of Total - 35. the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 687 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows:

AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Motion to Suspend Rules Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Moved by Senator Davis, seconded by Senator Malepeai, that Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, all rules of the Senate interfering with the immediate passage of Vick, Werk, Winder. Total - 34. H 691 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be NAYS–None. read on three several days be dispensed with, this being a case of Absent and excused–Schmidt. Total - 1. urgency, and that H 691 be read the second time by title and the third time at length, section by section, and be put upon its final Total - 35. passage. The question being, "Shall the rules be suspended?" 272 SENATE JOURNAL March 28, 2012]

Roll call resulted as follows: The Senate advanced to the Tenth Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Motions and Resolutions Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, The President announced that the House amendments to Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, S 1303, as amended in the House, were before the Senate for Pearce, Rice, Siddoway, Smyser, Stennett, Tippets, Toryanski, consideration as to possible concurrence, the question being, Vick, Werk, Winder. Total - 34. "Shall the Senate concur in the House amendments to S 1303, as amended in the House?" NAYS–None. On request by Senator Davis, granted by unanimous consent, Absent and excused–Schmidt. Total - 1. the Senate concurred by voice vote in the House amendments to S 1303, as amended in the House. Total - 35. S 1303, as amended in the House, was referred to the More than two-thirds having voted in the affirmative, the Judiciary and Rules Committee for engrossing. President declared the rules suspended. The Senate advanced to the Eleventh Order of Business. H 691 was read the second time by title and the third time Introduction, First Reading, and Reference of Bills, at length, section by section, and placed before the Senate for House Petitions, Resolutions, and Memorials final consideration. Senator Corder arose as sponsor of thebill and opened the debate. The question being, "Shall the bill pass?" H 697 , by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local Roll call resulted as follows: Government and Taxation Committee. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, H 662 , by Education Committee, was introduced, read the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, first time at length, and referred to the Education Committee. Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, On request by Senator Davis, granted by unanimous consent, Siddoway, Smyser, Tippets, Toryanski, Vick, Werk, Winder. the Senate advanced to the Fifteenth Order of Business. Total - 31. Miscellaneous Business NAYS–LeFavour, Malepeai, Stennett. Total - 3. On motion by Senator Davis, seconded by Senator Malepeai, Absent and excused–Schmidt. Total - 1. by voice vote, the Senate adjourned at 4:10 p.m. until the hour of 10 a.m., Thursday, March 29, 2012. Total - 35. BRAD LITTLE, President Whereupon the President declared H 691 passed, title was approved, and the bill ordered returned to the House. Attest: JENNIFER NOVAK, Secretary On request by Senator Davis, granted by unanimous consent, the Senate returned to the Ninth Order of Business. Messages from the House March 28, 2012 Dear Mr. President: I transmit herewith H 697 and H 662 , which have passed the House. ALEXANDER, Chief Clerk H 697 and H 662 were filed for first reading. March 28, 2012 Dear Mr. President: I return herewith S 1303, as amended in the House, which has passed the House. ALEXANDER, Chief Clerk On request by Senator Davis, granted by unanimous consent, S 1303, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions, for consideration as to possible concurrence in the House amendments. [March 29, 2012 SENATE JOURNAL 273

SENATE JOURNAL seat nor may he vote for the first time on any question inconsistent with his position as a moving party or as openly stated in debate. OF THE All Senators reporting present under a Call of the Senate must, after the call is lifted, remain within the Senate Chamber and vote on the question for which the Senate was called unless excused IDAHO LEGISLATURE as herein provided. Under no circumstance shall a roll call, once ordered, be SECOND REGULAR SESSION interrupted except to explain a vote under the provisions of SIXTY-FIRST LEGISLATURE Mason's Manual of Legislative Procedure, Section 528, or call to or for order. Voting excused. – (B) A request to be excused from voting shall not be in order unless made before the Senate divides or the roll call is begun. Roll Call Vote. – (C) Ayes and nays shall EIGHTY-FIRST LEGISLATIVE DAY not be ordered or recorded except upon final passage of bills, THURSDAY, MARCH 29, 2012 joint resolutions, motions for expenditure of public monies or incurring obligations therefor, motions requiring a two-thirds majority vote, or upon request of any Senator with at least Senate Chamber two other Senators rising in support thereof; provided, no roll call vote shall be permitted in the Committee of the Whole President Little called the Senate to order at 10 a.m. Senate under any circumstances. Division of the Senate. – (D) When any question shall be put to determination by voice vote and there be any reasonable doubt as to the prevailing vote, Roll call showed all members present. the Chair shall first state that "The Chair is in doubt" before announcing the final result. At any time before announcement of Prayer was offered by Chaplain Keith Buhler. the final result, any Senator may request a division of the Senate, whereupon the vote shall be determined by those favoring the The Pledge of Allegiance was led by Karl Lundgren, Page. ayes standing, followed by those favoring the nays standing. A The Senate advanced to the Third Order of Business. request for a roll call vote may be made before announcement of the result of the division of the Senate. Explanation of Vote. Reading and Correction of the Journal – (E) Any Senator may explain his vote when his name is called upon a roll call vote, provided he has not participated in debate, The JUDICIARY AND RULES Committee reports that the and provided further that such explanation shall not exceed Senate Journal of the proceedings of March 28, 2012, was read one minute duration. What Constitutes Debate. – (F) Making and approved as corrected. an inquiry or suggestion, or asking or answering a question is not debate, unless in the discretion of the President persistent DARRINGTON, Chairman questioning constitutes abuse of this exception whereupon the There being no objection, the report was adopted and ordered Senator involved shall be so advised by the Chair. Change of filed in the office of the Secretary of the Senate. Vote.– (G) Any Senator may change his vote before the decision of a question shall have been announced by the Chair but no On request by Senator Davis, granted by unanimous consent, explanation for such change shall be permitted. Right to Vote. the Senate advanced to the Fifth Order of Business. – (H) A Senator has the right to vote upon all questions before the Senate and to participate in the business of the Senate and Petitions, Resolutions, and Memorials its committees and, in so doing, the Senator is presumed to act in good faith and in the public interest. If a A Senator has with SR 105 a conflict of interest under applicable law, such shall, on the BY JUDICIARY AND RULES COMMITTEE day of and before casting a vote on the Senate floor, disclose A SENATE RESOLUTION the conflict must be disclosed to the verbally or in writing to all STATING FINDINGS OF THE SENATE AND AMENDING members of the Senate present. The presiding officer in writing RULE 39 OF THE RULES OF THE SENATE RELATING TO or to the body shall ensure that such disclosure is entered upon VOTING. the Journal. A Senator with a conflict of interest under applicable law shall, on the day of and before casting a vote in committee, Be It Resolved by the Senate of the State of Idaho: disclose the conflict verbally or in writing to all committee members present. The committee chairman shall ensure that WHEREAS, the Senate deems it necessary and desirable that such disclosure is recorded in the committee minutes. Upon Rule 39 of the Rules of the Senate be amended. disclosure of any such conflict, the Senator may vote upon any NOW, THEREFORE, BE IT RESOLVED by the members question or issue to which the conflict relates, unless the Senator of the Senate, assembled in the Second Regular Session of the requests to be excused. Sixty-first Idaho Legislature, that Rule 39 of the Rules ofthe Senate shall be amended to read as follows: SR 106 BY JUDICIARY AND RULES COMMITTEE RULE 39 A SENATE RESOLUTION Voting. – (A) Every Senator, when a question is put, either on the STATING FINDINGS OF THE SENATE AND AMENDING Senate floor or in committee, being present and in his seat, shall RULE 7 OF THE RULES OF THE SENATE RELATING TO vote. Any Senator upon a reasonable cause stated may move to EMPLOYEES OF THE SENATE. be excused from voting. Such motion is undebatable and requires Be It Resolved by the Senate of the State of Idaho: a two-thirds vote. No Senator may vote unless present and in his 274 SENATE JOURNAL March 29, 2012]

WHEREAS, the Senate deems it necessary and desirable that doorkeepers, watchmen, janitors, pages, and others charged with Rule 7 of the Rules of the Senate be amended. housekeeping functions, shall be immediately responsible to NOW, THEREFORE, BE IT RESOLVED by the members the Sergeant at Arms. Removal of Employees. – (E) Any of of the Senate, assembled in the Second Regular Session of the the employees of the Senate may be removed by a two-thirds Sixty-first Idaho Legislature, that Rule 7 of the Rules ofthe vote of the members of the Senate for failure to perform the Senate shall be amended to read as follows: duties imposed upon them, or for incompetency, or for conduct which shall by the Senate be deemed improper. Delivery of Bills and Papers to Secretary of State. – (F E) It shall be the duty RULE 7 of the Secretary of the Senate, at the close of each session of Employees of Senate. – (A) The officers and employees of the the legislature, to mark, label, and arrange all bills and papers Senate shall consist of one secretary, one assistant secretary, belonging to the archives of the Senate, and to deliver the same, one journal clerk, one docket clerk, one chaplain, one sergeant together with all the books of the Senate, to the Secretary of at arms, one doorkeeper, two pages, one janitor, one payroll State, who shall certify to the reception of the same. Purchases, clerk, and such other assistants, clerks, secretaries, and other Etc. – (G F) No purchase shall be made or expense incurred by employees as the Senate may determine to be required for the the Sergeant at Arms or any officer or employee of the Senate expeditious conduct of its business. Duties of Employees. – (B) in its behalf except upon the written order of the President Pro It shall be the duty of the Secretary of the Senate to attend each Tempore. day, call the roll, read the journals and bills, and to copy or take charge of and superintend all copying necessary to be done for SR 107 the Senate. BY JUDICIARY AND RULES COMMITTEE It shall be the duty of the Assistant Secretary of the Senate A SENATE RESOLUTION to take charge of all bills, petitions, and other papers presented to STATING FINDINGS OF THE SENATE AND AMENDING the Senate, to file and enter the same in the books provided for RULE 53 OF THE RULES OF THE SENATE RELATING TO that purpose, and perform such other duties as may be directed A COMMITTEE ON ETHICS. by the Secretary of the Senate. It shall furthermore be the duty of the Secretary of the Senate Be It Resolved by the Senate of the State of Idaho: to keep a correct record of the proceedings of each day, for the purpose of having such proceedings entered in the Journal by the WHEREAS, the Senate deems it necessary and desirable that Journal Clerk. Rule 53 of the Rules of the Senate be amended. It shall be the duty of the Journal Clerk of the Senate to record NOW, THEREFORE, BE IT RESOLVED by the members each day's proceedings in the Journal, from which they shall be of the Senate, assembled in the Second Regular Session of the read by the Secretary each day of meeting, in order that they may Sixty-first Idaho Legislature, that Rule 53 of the Rules ofthe be authenticated by the signature of the President. Senate shall be amended to read as follows: It shall be the duty of the Sergeant at Arms of the Senate to give a general supervision, under the direction of the presiding officers, of the Senate Chamber, with the rooms attached; to RULE 53 attend during the sittings of the Senate, execute its commands, Committee on Ethics. – (A) The President Pro Tempore shall together with all such proceedings issued by authority thereof, receive written, signed complaints from any Senator concerning as shall be directed by the presiding officers. the alleged violation of the Rules of the Senate or the provisions It shall be the duty of the Doorkeeper to prohibit all persons of applicable law by a member of the Senate. Whenever such a from entering the bar of the Senate except those who by rule or complaint is received, the President Pro Tempore shall appoint a invitation are permitted, and to arrest for contempt all persons committee on ethics of six members, consisting of a chairman outside of the bar or in the gallery found engaged in loud and five members, three of whom must be appointed with the conversation, or otherwise making a noise, to the disturbance of concurrence of the leader of the party opposite to the party of the Senate. the President Pro Tempore. It shall be the duty of the Janitor to keep the furniture of the (B) The complaint shall be in writing, signed, verified and Senate in good order, and perform such other duties as he may contain one or more of the following allegations: be directed to do by the President Pro Tempore of the Senate. (1) Substantial conduct unbecoming a Senator; It shall be the duty of the Payroll Clerk to prepare the payroll (2) A violation of the Rules of the Senate, including: (i) the and all payroll documents, prepare all vouchers for all expenses disclosure of any information that is confidential concerning of the Senate and keep all records pertaining thereto. the preliminary investigation provided in subsection (E) of It shall be the duty of the Chaplain to open the proceedings this Senate Rule; or (ii) the disclosure of any information, of the Senate with prayer. preliminary investigation or written complaint, except as Selection and Pay of Employees. – (C) All employees of provided in subsection (F) of this Senate Rule; the Senate shall be selected by an attache committee, which (3) A violation of any state law relating to the use of public committee shall be appointed by the Senate leadership, and office for private pecuniary gain; the employees so selected shall be subject to the approval (4) A violation of any state law relating to conflicts of of the Senate. There shall be paid to the employees of the interest; or Senate, for all services rendered by them, such compensation (5) A violation of any state law that brings discredit or as may be determined by Senate leadership. All employees embarrassment to the Senate or that constitutes a breach of of the Senate shall serve at the pleasure of the President Pro public trust. Tempore. The President Pro Tempore is authorized to retain such (C) The complaint shall be specific and supported by personnel as deemed necessary during the interim . Supervision competent preliminary evidence of the violation of the Rules of of Employees. – (D) Subject to the overall supervision of the Senate or the provisions of applicable law, including: (i) the the President Pro Tempore, the Secretary of the Senate shall name of the member of the Senate alleged to be in violation; have general responsibility for all Senate employees, although [March 29, 2012 SENATE JOURNAL 275 and (ii) the description of the facts and circumstances supporting SR 105, SR 106, and SR 107 were introduced, read at length, each alleged violation. and referred to the Judiciary and Rules Committee for printing. (D) The President Pro Tempore shall provide the written complaint to the chairman of the committee on ethics. Subject to the provisions of this rule, the committee shall review the written The Senate advanced to the Sixth Order of Business. complaint. The committee may dismiss any ethics complaint that: (1) Does not comply with this Senate Rule; Reports of Standing Committees (2) Contains alleged violations that occurred: (i) two years or more before the date on which the complaint was submitted to the committee; or (ii) before the accused March 29, 2012 Senator was sworn in to the Senate. The JUDICIARY AND RULES Committee reports that (E) The committee shall notify the person Senator S 1303, as amended in the House, has been correctly engrossed. complained against whom of the complaint was brought and shall provide such person with the Senator a copy of the DARRINGTON, Chairman complaint. The person Senator complained against may submit a written answer to the committee. The committee shall make a S 1303, as amended in the House, was filed for first reading. preliminary investigation of the complaint. Notwithstanding the March 28, 2012 provisions of Senate Rule 20, such investigatory meetings shall be held in executive session. If, after investigation, the committee The STATE AFFAIRS Committee reports out H 693 with the determines no probable cause exists that a violation has occurred, recommendation that it do pass. the committee shall dismiss the complaint shall be dismissed and notify the complaining Senator and the Senator complained MCKENZIE, Chairman against. All proceedings of the committee, pursuant to this H 693 was filed for second reading. subsection (E), including the complaint and the appointment of the committee shall remain confidential. March 29, 2012 (F) If, after investigation, the committee determines probable cause exists that a violation may have occurred, The LOCAL GOVERNMENT AND TAXATION the committee shall so notify the person complained against Committee reports out H 697 with the recommendation that it complaining Senator and the Senator complained against. At that do pass. time, the written complaint and the formation of the committee CORDER, Chairman shall no longer be confidential, but shall become a public document. Such person The Senator complained against may H 697 was filed for second reading. request a hearing before the committee, before which he shall March 29, 2012 be entitled to appear, present evidence, cross-examine witnesses, and be represented by counsel. The committee shall have the The LOCAL GOVERNMENT AND TAXATION power to take testimony under oath and to issue subpoenas Committee reports out H 563 without recommendation. and subpoenas duces tecum in the manner provided in Section 67-407 Chapter 4, Title 67, Idaho Code. CORDER, Chairman (C) After the hearing, t The committee may make H 563 was filed for second reading. recommendations to the Senate based upon the investigations conducted and hearings held pursuant to this rule. The committee March 29, 2012 may recommend dismissal of the charges, reprimand, censure, or expulsion. Expulsion of a Senate member shall require The JUDICIARY AND RULES Committee reports out the affirmative vote of two-thirds of the members elected to H 660 with the recommendation that it do pass. the Senate, as provided by Section 11 of Article III of the DARRINGTON, Chairman Constitution. Reprimand or censure of a member shall require the affirmative vote of a majority of the members elected tothe H 660 was filed for second reading. Senate. Action of the Senate pursuant to this rule is final and not subject to court review. (D G) The committee may retain such counsel and may On request by Senator Davis, granted by unanimous consent, hire such investigators as it deems necessary for the performance the Senate advanced to the Ninth Order of Business. of its duties under this rule, or may request an advisory opinion from the Attorney General. All expenditures incurred pursuant Messages from the House to this subsection (D G) shall be approved by the President Pro Tempore and paid by vouchers and warrants drawn as provided by law from appropriations made to the Legislative Account. March 28, 2012 (E H) The committee may adopt rules of procedure for Dear Mr. President: the orderly conduct of committee meetings, investigations, and hearings, which rules shall be consistent with this rule and other I transmit herewith Enrolled H 677, H 678, H 679, H 680, applicable rules of the Senate and state statutes. H 681, H 611, H 661, H 624, H 649, H 372, H 575, and HJR 2, (F I) If the written signed complaint concerns misconduct as amended, for the signature of the President. of the President Pro Tempore, then the duties of the President Pro Tempore in this rule shall be the duties of the floor leader of the ALEXANDER, Chief Clerk same party as the President Pro Tempore. The President signed Enrolled H 677, H 678, H 679, H 680, H 681, H 611, H 661, H 624, H 649, H 372, H 575, and HJR 2, as amended, and ordered them returned to the House. 276 SENATE JOURNAL March 29, 2012]

March 29, 2012 H 660 , by Ways and Means Committee, was read the second time at length and filed for third reading. Dear Mr. President: The Senate advanced to the Thirteenth Order of Business. I transmit herewith Enrolled H 684, H 686, H 685, H 672, and H 653 for the signature of the President. Third Reading of Bills ALEXANDER, Chief Clerk Motion to Suspend Rules The President signed Enrolled H 684, H 686, H 685, H 672, Moved by Senator Davis, seconded by Senator Stennett, that and H 653 and ordered them returned to the House. all rules of the Senate interfering with the immediate passage of H 693 be suspended; that the portions of Section 15, Article 3, March 28, 2012 of the Constitution of the State of Idaho requiring all bills to be Dear Mr. President: read on three several days be dispensed with, this being a case of urgency, and that H 693 be read the third time at length, section I return herewith S 1386, S 1412, S 1413, S 1414, S 1357, as by section, and be put upon its final passage. The question being, amended, and S 1348, as amended, which have passed the House. "Shall the rules be suspended?" ALEXANDER, Chief Clerk Roll call resulted as follows: S 1386, S 1412, S 1413, S 1414, S 1357, as amended, and AYES–Andreason, Bair, Bilyeu, Bock, Brackett, S 1348, as amended, were referred to the Judiciary and Rules Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Committee for enrolling. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, March 28, 2012 Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Dear Mr. President: Toryanski, Vick, Werk, Winder. Total - 35. I return herewith Enrolled S 1343, S 1363, S 1365, S 1366, More than two-thirds having voted in the affirmative, the and S 1373 , which have been signed by the Speaker. President declared the rules suspended. ALEXANDER, Chief Clerk H 693 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Enrolled S 1343, S 1363, S 1365, S 1366, and S 1373 were McKenzie arose as sponsor of the bill and opened the debate. referred to the Judiciary and Rules Committee for transmittal to The question being, "Shall the bill pass?" the Office of the Governor. Roll call resulted as follows: March 29, 2012 AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Dear Mr. President: Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, I return herewith Enrolled S 1256, as amended in the House, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, S 1390, as amended, S 1395, S 1406, S 1407, S 1409, S 1410, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, and S 1408 , which have been signed by the Speaker. Vick, Winder. Total - 28. ALEXANDER, Chief Clerk NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, Stennett, Werk. Total - 7. Enrolled S 1256, as amended in the House, S 1390, as amended, S 1395, S 1406, S 1407, S 1409, S 1410, and Total - 35. S 1408 were referred to the Judiciary and Rules Committee for Whereupon the President declared H 693 passed, title was transmittal to the Office of the Governor. approved, and the bill ordered returned to the House. Motion to Suspend Rules On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of H 697 be suspended; that the portions of Section 15, Article 3, Introduction, First Reading, and Reference of Bills, of the Constitution of the State of Idaho requiring all bills to be House Petitions, Resolutions, and Memorials read on three several days be dispensed with, this being a case of S 1303, as amended in the House, by Agricultural Affairs urgency, and that H 697 be read the third time at length, section Committee, was read the first time at length and filed for second by section, and be put upon its final passage. The question being, reading. "Shall the rules be suspended?" Roll call resulted as follows: The Senate advanced to the Twelfth Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Second Reading of Bills Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, H 693 , by Ways and Means Committee, was read the second Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, time at length and filed for third reading. Toryanski, Vick, Werk, Winder. Total - 35. H 563 and H 697 , by Revenue and Taxation Committee, More than two-thirds having voted in the affirmative, the were read the second time at length and filed for third reading. President declared the rules suspended. [March 29, 2012 SENATE JOURNAL 277

H 697 was read the third time at length, section by section, Second Reading of Bills and placed before the Senate for final consideration. Senator Corder arose as sponsor of the bill and opened the debate. The Motion to Suspend Rules question being, "Shall the bill pass?" Moved by Senator Davis, seconded by Senator Malepeai, that Roll call resulted as follows: all rules of the Senate interfering with the immediate passage of S 1303, as amended in the House, be suspended; that the portions AYES–Andreason, Bair, Bilyeu, Bock, Brackett, of Section 15, Article 3, of the Constitution of the State of Idaho Broadsword, Cameron, Corder, Darrington, Davis, Goedde, requiring all bills to be read on three several days be dispensed Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, with, this being a case of urgency, and that S 1303, as amended Malepeai, McKenzie, Rice, Siddoway, Smyser, Stennett, Tippets, in the House, be read the second time by title and the third time Toryanski, Werk, Winder. Total - 28. at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" NAYS–Fulcher, McKague, Mortimer, Nuxoll, Pearce, Schmidt, Vick. Total - 7. Roll call resulted as follows: Total - 35. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Whereupon the President declared H 697 passed, title was Hill, Johnson, Keough, Lodge, Malepeai, McKague, McKenzie, approved, and the bill ordered returned to the House. Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Motion to Suspend Rules Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 32. Moved by Senator Winder, seconded by Senator Malepeai, NAYS–None. that all rules of the Senate interfering with the immediate passage Absent and excused–Bilyeu, Bock, LeFavour. Total - 3. of H 660 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be Total - 35. read on three several days be dispensed with, this being a case of urgency, and that H 660 be read the third time at length, section More than two-thirds having voted in the affirmative, the by section, and be put upon its final passage. The question being, President declared the rules suspended. "Shall the rules be suspended?" S 1303, as amended in the House, was read the third time at Roll call resulted as follows: length, section by section, and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and AYES–Andreason, Bair, Bilyeu, Bock, Brackett, opened the debate. The question being, "Shall the bill pass?" Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Roll call resulted as follows: Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, AYES–Andreason, Bilyeu, Bock, Brackett, Broadsword, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Cameron, Corder, Darrington, Davis, Goedde, Heider, Hill, Toryanski, Vick, Werk, Winder. Total - 35. Keough, LeFavour, Lodge, Malepeai, McKenzie, Schmidt, More than two-thirds having voted in the affirmative, the Smyser, Stennett, Toryanski, Vick, Werk, Winder. Total - 24. President declared the rules suspended. NAYS–Bair, Fulcher, Hammond, Johnson, McKague, H 660 was read the third time at length, section by section, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Tippets. Total - 11. and placed before the Senate for final consideration. Senator Davis arose as sponsor of the bill and opened the debate. The Paired and voting included in roll call: question being, "Shall the bill pass?" AYE - Bilyeu NAY - Fulcher

Pursuant to Senate Rule 39(H), Senator Lodge disclosed a Total - 35. possible conflict of interest under applicable law. Whereupon the President declared S 1303, as amended in the Roll call resulted as follows: House, passed, title was approved, and the bill was referred to the Judiciary and Rules Committee for enrolling. AYES–Andreason, Bair, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, On request by Senator Davis, granted by unanimous consent, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, the Senate returned to the Sixth Order of Business. Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Reports of Standing Committees Werk, Winder. Total - 34. March 29, 2012 NAYS–None. The JUDICIARY AND RULES Committee reports that Absent and excused–Bilyeu. Total - 1. SR 105, SR 106, and SR 107 have been correctly printed. Total - 35. DARRINGTON, Chairman Whereupon the President declared H 660 passed, title was SR 105, SR 106, and SR 107 were referred to the Tenth approved, and the bill ordered returned to the House. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. On request by Senator Davis, granted by unanimous consent, On request by Senator Davis, granted by unanimous consent, the Senate returned to the Twelfth Order of Business. the Senate returned to the Fifth Order of Business. 278 SENATE JOURNAL March 29, 2012]

Petitions, Resolutions, and Memorials S 1415 and S 1416 were referred to the Judiciary and Rules Committee for enrolling. On motion by Senator Davis, seconded by Senator Malepeai, by voice vote the Senate recessed at 12:55 p.m. until the hour of On request by Senator Davis, granted by unanimous consent, 1:30 p.m. of this day. the Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, RECESS House Petitions, Resolutions, and Memorials AFTERNOON SESSION H 477, as amended, by Local Government Committee, was The Senate reconvened at 1:30 p.m., pursuant to recess, introduced, read the first time at length, and referred to the Local President Little presiding. Government and Taxation Committee. H 698 , by Education Committee, was introduced, read the Roll call showed all members present except Senators first time at length, and referred to the Education Committee. Broadsword, Lodge and McKague, absent and excused. On request by Senator Davis, granted by unanimous consent, Prior to recess the Senate was at the Fifth Order of Business, the Senate returned to the Sixth Order of Business. Petitions, Resolutions, and Memorials. Reports of Standing Committees The Senate advanced to the Sixth Order of Business. Senators McKague, Broadsword, and Lodge were recorded present at this order of business. Reports of Standing Committees March 29, 2012 March 29, 2012 The EDUCATION Committee reports out H 662 and The JUDICIARY AND RULES Committee reports that H 698 with the recommendation that they do pass. Enrolled S 1343, S 1363, S 1365, S 1366, S 1373, S 1256, as GOEDDE, Chairman amended in the House, S 1390, as amended, S 1395, S 1406, S 1407, S 1409, S 1410, and S 1408 were delivered to the Office H 662 and H 698 were filed for second reading. of the Governor at 11:55 a.m., March 29, 2012. On request by Senator Davis, granted by unanimous consent, DARRINGTON, Chairman the Senate advanced to the Eighth Order of Business. The report was ordered filed in the office of the Secretary of Messages from the Governor the Senate. March 29, 2012 March 29, 2012 The Honorable Brad Little The JUDICIARY AND RULES Committee reports that President of the Senate S 1386, S 1412, S 1413, S 1414, S 1357, as amended, and Idaho Legislature S 1348, as amended, have been correctly enrolled. Dear Mr. President: DARRINGTON, Chairman I have the honor to inform you that I have signed today and The President signed Enrolled S 1386, S 1412, S 1413, am transmitting to the Secretary of State the following Senate S 1414, S 1357, as amended, and S 1348, as amended, and Bill, to wit: ordered them transmitted to the House for the signature of the Speaker. S 1344 On request by Senator Davis, granted by unanimous consent, As Always - Idaho, Esto Perpetua the Senate advanced to the Ninth Order of Business. /s/ C.L. "Butch" Otter Governor of Idaho Messages from the House The correspondence was ordered filed in the office ofthe March 29, 2012 Secretary of the Senate. Dear Mr. President: The Senate advanced to the Ninth Order of Business. I transmit herewith H 477, as amended, and H 698 , which Messages from the House have passed the House. March 29, 2012 ALEXANDER, Chief Clerk Dear Mr. President: H 477, as amended, and H 698 were filed for first reading. I transmit herewith H 701, H 702, and H 703 , which have March 29, 2012 passed the House. Dear Mr. President: ALEXANDER, Chief Clerk I return herewith S 1415 and S 1416 , which have passed the H 701, H 702, and H 703 were filed for first reading. House. On request by Senator Davis, granted by unanimous consent, ALEXANDER, Chief Clerk the Senate advanced to the Eleventh Order of Business. [March 29, 2012 SENATE JOURNAL 279

Introduction, First Reading, and Reference of Bills, Roll call resulted as follows: House Petitions, Resolutions, and Memorials AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, H 701, H 702, and H 703 , by Appropriations Committee, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, were introduced, read the first time at length, and referred to the McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Finance Committee. Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 33. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. NAYS–None. Absent and excused–Andreason, Corder. Total - 2. Reports of Standing Committees Total - 35.

March 29, 2012 Whereupon the President declared H 701 passed, title was approved, and the bill ordered returned to the House. The FINANCE Committee reports out H 701, H 702, and H 703 with the recommendation that they do pass. Motion to Suspend Rules CAMERON, Chairman Moved by Senator Davis, seconded by Senator Malepeai, that H 701, H 702, and H 703 were filed for second reading. all rules of the Senate interfering with the immediate passage of H 702 be suspended; that the portions of Section 15, Article 3, On request by Senator Davis, granted by unanimous consent, of the Constitution of the State of Idaho requiring all bills to be the Senate advanced to the Twelfth Order of Business. read on three several days be dispensed with, this being a case of urgency, and that H 702 be read the second time by title and the third time at length, section by section, and be put upon its final Second Reading of Bills passage. The question being, "Shall the rules be suspended?" Roll call resulted as follows: H 662 and H 698 , by Education Committee, were read the second time at length and filed for third reading. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Motion to Suspend Rules Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Moved by Senator Davis, seconded by Senator Stennett, that Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, all rules of the Senate interfering with the immediate passage of Toryanski, Vick, Werk, Winder. Total - 35. H 701 be suspended; that the portions of Section 15, Article 3, More than two-thirds having voted in the affirmative, the of the Constitution of the State of Idaho requiring all bills to be President declared the rules suspended. read on three several days be dispensed with, this being a case of urgency, and that H 701 be read the second time by title and the H 702 was read the second time by title and the third time at third time at length, section by section, and be put upon its final length, section by section, and placed before the Senate for final passage. The question being, "Shall the rules be suspended?" consideration. Senator Cameron arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Bair, Bilyeu, Bock, Brackett, Broadsword, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Darrington, Davis, Goedde, Hammond, Heider, Hill, Johnson, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 31. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. NAYS–None. Whereupon the President declared H 702 passed, title was Absent and excused–Andreason, Cameron, Corder, Fulcher. approved, and the bill ordered returned to the House. Total - 4. On request by Senator Davis, granted by unanimous consent, Total - 35. the President appointed a committee consisting of Senator More than two-thirds having voted in the affirmative, the Broadsword, Chairman and Senators McKague and LeFavour President declared the rules suspended. to escort the committee from the House of Representatives, consisting of Representatives Schaefer, Lake and Killen, into the Senate Chamber. The House committee informed the President H 701 was read the second time by title and the third time and the members of the Senate that the House had completed its at length, section by section, and placed before the Senate for business and was ready to adjourn Sine Die. final consideration. Senator Heider arose as sponsor of thebill and opened the debate. The question being, "Shall the bill pass?" 280 SENATE JOURNAL March 29, 2012]

Motion to Suspend Rules Roll call resulted as follows: Moved by Senator Davis, seconded by Senator Malepeai, that AYES–Andreason, Bair, Bilyeu, Bock, Brackett, all rules of the Senate interfering with the immediate passage of Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, H 703 be suspended; that the portions of Section 15, Article 3, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, of the Constitution of the State of Idaho requiring all bills to be Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, read on three several days be dispensed with, this being a case of Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, urgency, and that H 703 be read the second time by title and the Toryanski, Vick, Werk, Winder. Total - 35. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" Whereupon the President declared SR 105 adopted, title was approved, and the resolution ordered filed in the office ofthe Roll call resulted as follows: Secretary of the Senate. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Moved by Senator Davis, seconded by Senator Malepeai, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, that all rules of the Senate interfering with the immediate Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, consideration of SR 106 be suspended. The question being, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, "Shall the rules be suspended?" Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: More than two-thirds having voted in the affirmative, the AYES–Andreason, Bair, Bilyeu, Bock, Brackett, President declared the rules suspended. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, H 703 was read the second time by title and the third time at Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, length, section by section, and placed before the Senate for final Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, consideration. Senator Keough arose as sponsor of the bill and Toryanski, Vick, Werk, Winder. Total - 35. opened the debate. The question being, "Shall the bill pass?" More than two-thirds having voted in the affirmative, the Roll call resulted as follows: President declared the rules suspended and announced that AYES–Andreason, Bair, Bilyeu, Bock, Brackett, SR 106 was before the Senate for final consideration. Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Moved by President Pro Tempore Hill, seconded by Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Senator Mortimer, that SR 106 be adopted. The question being, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, "Shall the resolution be adopted?" Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Roll call resulted as follows: Whereupon the President declared H 703 passed, title was AYES–Andreason, Bair, Brackett, Broadsword, Cameron, approved, and the bill ordered returned to the House. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, On request by Senator Davis, granted by unanimous consent, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, the Senate returned to the Tenth Order of Business. Vick, Winder. Total - 28. NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, Motions and Resolutions Stennett, Werk. Total - 7. Moved by Senator Davis, seconded by Senator Malepeai, Total - 35. that all rules of the Senate interfering with the immediate consideration of SR 105 be suspended. The question being, Whereupon the President declared SR 106 adopted, title was "Shall the rules be suspended?" approved, and the resolution ordered filed in the office ofthe Secretary of the Senate. Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Moved by Senator Winder, seconded by Senator Malepeai, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, that all rules of the Senate interfering with the immediate Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, consideration of SR 107 be suspended. The question being, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, "Shall the rules be suspended?" Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Roll call resulted as follows: Toryanski, Vick, Werk, Winder. Total - 35. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, More than two-thirds having voted in the affirmative, the Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, President declared the rules suspended and announced that Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, SR 105 was before the Senate for final consideration. Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Moved by Senator Toryanski, seconded by Senator Stennett, Toryanski, Vick, Werk, Winder. Total - 35. that SR 105 be adopted. The question being, "Shall the resolution More than two-thirds having voted in the affirmative, the be adopted?" President declared the rules suspended and announced that SR 107 was before the Senate for final consideration. [March 29, 2012 SENATE JOURNAL 281

Moved by Senator Davis, seconded by Senator Mortimer, More than two-thirds having voted in the affirmative, the that SR 107 be adopted. The question being, "Shall the resolution President declared the rules suspended. be adopted?" Roll call resulted as follows: H 563 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Winder arose as sponsor of the bill and opened the debate. The Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, question being, "Shall the bill pass?" Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Vick, Winder. Total - 28. Roll call resulted as follows: NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Stennett, Werk. Total - 7. Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Total - 35. Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, Whereupon the President declared SR 107 adopted, title was Vick, Winder. Total - 28. approved, and the resolution ordered filed in the office ofthe NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, Secretary of the Senate. Stennett, Werk. Total - 7. On request by Senator Heider, granted by unanimous consent, the following Statement of Legislative Intent for Total - 35. HJR 2 was ordered spread upon the pages of the Journal: Whereupon the President declared H 563 passed, title was STATEMENT OF LEGISLATIVE INTENT approved, and the bill ordered returned to the House. HJR 2 Motion to Suspend Rules This amendment to the Constitution of the State of Idaho expressly guarantees the citizens of Idaho the right to hunt, fish Moved by Senator Davis, seconded by Senator Malepeai, that and trap within the rules and regulations set forth by the Idaho all rules of the Senate interfering with the immediate passage of Department of Fish and Game. Furthermore, it provides that the H 662 be suspended; that the portions of Section 15, Article 3, right to hunt, fish or trap may be lost due to a violation ofthe of the Constitution of the State of Idaho requiring all bills to be rules or regulations set forth by the Idaho Department of Fish and read on three several days be dispensed with, this being a case of Game or other statute. Although hunting, fishing and trapping urgency, and that H 662 be read the third time at length, section are preferred methods for managing wildlife, the amendment by section, and be put upon its final passage. The question being, recognizes that in some instances other methods of management "Shall the rules be suspended?" may be necessary. Private property and water rights should not be affected by this resolution. Roll call resulted as follows: On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Third Reading of Bills Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Motion to Suspend Rules Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. Moved by Senator Davis, seconded by Senator Malepeai, that all rules of the Senate interfering with the immediate passage of More than two-thirds having voted in the affirmative, the H 563 be suspended; that the portions of Section 15, Article 3, President declared the rules suspended. 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 H 662 was read the third time at length, section by section, urgency, and that H 563 be read the third time at length, section and placed before the Senate for final consideration. Senator by section, and be put upon its final passage. The question being, Brackett arose as sponsor of the bill and opened the debate. The "Shall the rules be suspended?" question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, AYES–Andreason, Bair, Bilyeu, Bock, Brackett, Goedde, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Pearce, Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Vick, Werk, Winder. Total - 34. Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. NAYS–None. Whereupon the President declared H 662 passed, title was Absent and excused–Hammond. Total - 1. approved, and the bill ordered returned to the House. Total - 35. 282 SENATE JOURNAL March 29, 2012]

Motion to Suspend Rules Reports of Standing Committees Moved by Senator Davis, seconded by Senator Malepeai, that March 29, 2012 all rules of the Senate interfering with the immediate passage of H 698 be suspended; that the portions of Section 15, Article 3, The JUDICIARY AND RULES Committee reports that of the Constitution of the State of Idaho requiring all bills to be S 1303, as amended in the House, S 1415, and S 1416 have been read on three several days be dispensed with, this being a case of correctly enrolled. urgency, and that H 698 be read the third time at length, section by section, and be put upon its final passage. The question being, DARRINGTON, Chairman "Shall the rules be suspended?" The President signed Enrolled S 1303, as amended in the House, S 1415, and S 1416 and ordered them transmitted to the Roll call resulted as follows: House for the signature of the Speaker. AYES–Andreason, Bair, Bilyeu, Bock, Brackett, On request by Senator Davis, granted by unanimous consent, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, the Senate advanced to the Fifteenth Order of Business. Goedde, Hammond, Heider, Hill, Johnson, Keough, LeFavour, Lodge, Malepeai, McKague, McKenzie, Mortimer, Nuxoll, Miscellaneous Business Pearce, Rice, Schmidt, Siddoway, Smyser, Stennett, Tippets, Toryanski, Vick, Werk, Winder. Total - 35. On request by Senator Davis, granted by unanimous consent, the President appointed a committee consisting of Senator More than two-thirds having voted in the affirmative, the Hammond, Chairman, and Senators Nuxoll and Bilyeu to notify President declared the rules suspended. the House of Representatives that the Senate had completed its H 698 was read the third time at length, section by section, business and was ready to adjourn Sine Die. The committee was and placed before the Senate for final consideration. Senator excused. Davis arose as sponsor of the bill and opened the debate. The On request by Senator Davis, granted by unanimous consent, question being, "Shall the bill pass?" the President appointed a committee consisting of Senator Darrington, Chairman, and Senators Smyser and Malepeai to Roll call resulted as follows: notify the Governor that the Senate had completed its business and was ready to adjourn Sine Die. The committee was excused. AYES–Andreason, Bair, Brackett, Broadsword, Cameron, Corder, Darrington, Davis, Fulcher, Goedde, Hammond, Heider, The committee appointed to wait upon the House of Hill, Johnson, Keough, Lodge, McKague, McKenzie, Mortimer, Representatives returned and reported that it had delivered Nuxoll, Pearce, Rice, Siddoway, Smyser, Tippets, Toryanski, the Senate's message. The committee conveyed the Speaker's Vick, Winder. Total - 28. response to the President and the members of the Senate. NAYS–Bilyeu, Bock, LeFavour, Malepeai, Schmidt, The President thanked and discharged the committee. Stennett, Werk. Total - 7. The committee appointed to wait upon the Governor returned Total - 35. and reported that it had delivered the Senate's message. The committee conveyed the Governor's response to the President Whereupon the President declared H 698 passed, title was and the members of the Senate. approved, and the bill ordered returned to the House. The President thanked and discharged the committee.

On request by Senator Davis, granted by unanimous consent, President Pro Tempore Hill ordered the Sergeant at Arms to the Senate returned to the Ninth Order of Business. retrieve the Idaho State flags that had been raised over the Senate Chamber during the Second Regular Session of the Sixty-first Legislature of the State of Idaho. The flags were then presented Messages from the House to Senators Smyser, LeFavour, Hammond, McKague, Bilyeu, Broadsword, Malepeai, Andreason and Darrington, in honor of their exemplary service to the Senate. March 29, 2012 On motion by Senator Davis, seconded by Senator Malepeai, Dear Mr. President: by voice vote the Second Regular Session of the Sixty-first Legislature of the Idaho Senate adjourned Sine Die at 7:10 p.m., I transmit herewith Enrolled H 695, H 696, H 639, as Thursday, March 29, 2012, in honor of retiring Senators amended, H 687, and H 691 for the signature of the President. Darrington, Andreason, Malepeai, Broadsword, Bilyeu, McKague, Hammond, LeFavour and Smyser. ALEXANDER, Chief Clerk BRAD LITTLE, President The President signed Enrolled H 695, H 696, H 639, as amended, H 687, and H 691 and ordered them returned to the Attest: JENNIFER NOVAK, Secretary House. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Sixth Order of Business. ***** [March 29, 2012 SENATE JOURNAL 283

[Note: The following is action recorded after Senate Sine Die:] As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor of Idaho March 30, 2012 The correspondence was ordered filed in the office ofthe Dear Mr. President: Secretary of the Senate. I transmit herewith Enrolled H 693, H 697, H 660, H 701, H 702, H 703, H 563, H 662, and H 698 for the signature of the April 5, 2012 President. The Honorable Brad Little ALEXANDER, Chief Clerk President of the Senate The President signed Enrolled H 693, H 697, H 660, H 701, Idaho Legislature H 702, H 703, H 563, H 662, and H 698 and ordered them Dear Mr. President: returned to the House. I have the honor to inform you that I have signed today and March 30, 2012 am transmitting to the Secretary of State the following Senate Dear Mr. President: Bills, to wit: I return herewith Enrolled S 1303, as amended in the House, S 1255, as amended, as amended, S 1274, as S 1415, S 1416, S 1386, S 1412, S 1413, S 1414, S 1357, as amended in the House, S 1294, as amended, amended, and S 1348, as amended, which have been signed by S 1309, S 1313, S 1348, as amended, S 1356, the Speaker. as amended, S 1357, as amended, S 1363, S 1365, S 1366, S 1370, S 1373, S 1386, ALEXANDER, Chief Clerk S 1390, as amended, S 1393, S 1401, and S 1408 Enrolled S 1303, as amended in the House, S 1415, S 1416, S 1386, S 1412, S 1413, S 1414, S 1357, as amended, and S 1348, As Always - Idaho, Esto Perpetua as amended, were referred to the Judiciary and Rules Committee /s/ C.L. "Butch" Otter for transmittal to the Office of the Governor. Governor of Idaho March 30, 2012 The correspondence was ordered filed in the office ofthe Secretary of the Senate. The JUDICIARY AND RULES Committee reports that Enrolled S 1303, as amended in the House, S 1415, S 1416, S 1386, S 1412, S 1413, S 1414, S 1357, as amended, and April 10, 2012 S 1348, as amended, were delivered to the Office of the Governor at 2 p.m., March 30, 2012. The Honorable Brad Little President of the Senate DARRINGTON, Chairman Idaho Legislature The report was ordered filed in the office of the Secretary of Dear Mr. President: the Senate. I hereby advise you that I have transmitted today to the April 3, 2012 Secretary of State, the following Senate Bill, which was allowed The Honorable Brad Little to become law without my signature: President of the Senate Idaho Legislature S 1321, as amended Dear Mr. President: as prescribed by the Constitution. I have the honor to inform you that I have signed today and Idaho Code 36-111 establishes a set-aside feeding account am transmitting to the Secretary of State the following Senate funded by a portion of the fee for antelope, elk and deer tags. The Bills, to wit: statute provided for $1.50 from each tag and put at least half that amount into the separate feeding account to be used for winter S 1231, as amended, S 1243, as amended in feeding and winter range rehabilitation. the House, as amended in the House, S 1256, as amended in the House, S 1270, S 1271, Previously, statute allowed for expenditure of winter feeding S 1279, S 1280, S 1286, S 1293, S 1295, as account funds for all costs associated with winter feeding. Senate amended, S 1303, as amended in the House, Bill 1321a restricts expenditures to only "blocks, pellets and hay." S 1304, S 1326, S 1327, S 1328, S 1329, Current winter feeding expenditures that appear to be restricted S 1330, S 1337, as amended, S 1338, S 1341, by S1321a are: 1) motorized vehicle travel costs used to deliver S 1343, S 1360, S 1383, as amended, S 1388, winter feed; 2) emergency temporary personnel costs associated S 1389, S 1391, S 1392, S 1394, S 1395, with winter feeding; 3) travel reimbursement costs for volunteers, S 1396, S 1397, S 1398, S 1399, S 1400, and 4) equipment costs, such as feed troughs, sleds, and winter S 1402, S 1403, S 1404, S 1405, S 1406, feed storage facilities. S 1407, S 1409, S 1410, S 1412, S 1413, S 1414, S 1415, and S 1416 284 SENATE JOURNAL March 29, 2012]

Necessary costs associated with winter feeding, but not covered by the winter feeding fund, most likely will be shifted to other license-funded budgets, diminishing other programs important to sportsmen. There would no longer be any "problem solving" of winter feeding issues via range rehabilitation. Hunters, who have long supported the mission of this account to support emergency winter feeding and long-term natural feeding via winter range rehabilitation would find the use of their license funds restricted. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor of Idaho The correspondence was ordered filed in the office ofthe Secretary of the Senate.

CERTIFICATE

State of Idaho Senate Chamber, Boise, Idaho We, BRAD LITTLE, President of the Senate, and JENNIFER NOVAK, Secretary of the Senate, do hereby certify and attest as follows: That the daily Senate Journal of the proceedings of March 29, 2012, the Eighty-first Legislative Day, has been read and approved: And, said Journal contains a true, complete, and accurate record of all Senate proceedings of said day, including final actions by the Senate and the Governor of the State of Idaho, as statutorily mandated. IN WITNESS WHEREOF, we have hereunto set our hand this 11th day of April, 2012. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary

***** SENATE INDEX 285

SENATE JOURNAL INDEX

- SECOND REGULAR SESSION -

SIXTY-FIRST IDAHO LEGISLATURE - 2012

SECOND REGULAR SESSION: Page

SECTION I Officers and Administration for the First Regular Session, January 9 ...... 286 SECTION II Elected Members and Committee Assignments ...... 287 SECTION III Senate Attaches ...... 292 SECTION IV Topic Index, Alphabetically arranged, of ALL Senate introductions, including ONLY House Legislation 294 received by the Senate, and Senate action on that legislation...... SECTION V Numerical Index of Senate Bills...... 363 SECTION VI Numerical Index of Senate Joint Resolutions...... 390 SECTION VII Numerical Index of Senate Joint Memorials ...... 391 SECTION VIII Numerical Index of Senate Resolutions...... 392 SECTION IX Numerical Index of Senate Proclamations...... 0 SECTION X Numerical Index of Senate Concurrent Resolutions ...... 394 SECTION XI Actions of the Governor on Senate Bills which passed both the Senate and House, with effective dates 397 and Session Law Chapter Numbers cited ...... SECTION XII Numerical Index of House Bills received by the Senate ...... 402 SECTION XIII Numerical Index of House Joint Memorials received by the Senate...... 432 SECTION XIV Numerical Index of House Concurrent Resolutions received by the Senate...... 433 SECTION XV Senate Sponsors of Senate Legislation voted on in the Senate...... 435 SECTION XVI Senate Sponsors of House Legislation voted on in the Senate ...... 438 286 SENATE INDEX

SECTION I

SIXTY-FIRST LEGISLATURE - SECOND REGULAR SESSION - 2012 OFFICERS AND ADMINISTRATION OF THE SENATE Name Address

LITTLE, BRAD ...... Emmett Lieutenant Governor/President of the Senate

HILL, BRENT ...... Rexburg President Pro Tempore

DAVIS, BART M...... Idaho Falls Majority Leader

WINDER, CHUCK ...... Boise Assistant Majority Leader

FULCHER, RUSSELL M...... Meridian Majority Caucus Chair

MALEPEAI, EDGAR J...... Pocatello Minority Leader

BOCK, LES ...... Garden City Assistant Minority Leader

STENNETT, MICHELLE ...... Ketchum Minority Caucus Chair

NOVAK, JENNIFER ...... Boise Secretary of the Senate

KEITHLY, JUNE ...... Boise Secretary to the Secretary of the Senate

MARY SUE JONES ...... Boise Chief of Staff to President Pro Tem

SMITH, MARIAN ...... Boise Majority Leadership Secretary

KUKLA, LIZZIE ...... Melba Assistant to Majority Leadership

HENDRICK, SARAH ...... Boise Journal Clerk

KAPLAN, CARI ...... Middleton Calendar Clerk

KELLY, DIANE ...... Boise Minority Chief of Staff

MCDONALD, SARAH JANE ...... Boise Sergeant at Arms

CSUTORAS, JERRY ...... Boise Assistant Sergeant at Arms

BUHLER, KEITH ...... Boise Chaplain SENATE INDEX 287

SECTION II

2012 MEMBERS OF THE SENATE AND ASSIGNMENTS (Certificate of Election - Second Regular Session)

Name Address District

ANDREASON, JOHN C...... Boise...... 15 Commerce and Human Resources - Chair Education

BAIR, STEVE ...... Blackfoot ...... 28 Resources and Environment - Vice Chair Finance Transportation

BILYEU, DIANE...... Pocatello...... 29 Finance Local Government and Taxation Transportation

BOCK, LES ...... Garden City ...... 16 Assistant Minority Leader Agricultural Affairs Health and Welfare Judiciary and Rules

BRACKETT, BERT ...... Rogerson ...... 23 Transportation - Vice Chair Finance Resources and Environment

BROADSWORD, JOYCE M...... Sagle...... 2 Health and Welfare - Vice Chair Finance

CAMERON, DEAN L...... Rupert...... 26 Finance - Chair Commerce and Human Resources Resources and Environment

CORDER, TIM...... Mountain Home...... 22 Local Government and Taxation - Chair Agricultural Affairs Transportation

DARRINGTON, DENTON...... Declo ...... 27 Judiciary and Rules - Chair Health and Welfare State Affairs 288 SENATE INDEX

Name Address District DAVIS, BART M...... Idaho Falls ...... 33 Majority Leader Judiciary and Rules State Affairs

FULCHER, RUSSELL M...... Meridian...... 21 Majority Caucus Chair Education State Affairs

GOEDDE, JOHN W...... Coeur d'Alene ...... 4 Education - Chair Commerce and Human Resources

HAMMOND, JAMES C...... Coeur d'Alene ...... 5 Transportation - Chair Agricultural Affairs Local Government and Taxation

HEIDER, LEE ...... Twin Falls...... 24 Finance Health and Welfare Resources and Environment

HILL, BRENT ...... Rexburg ...... 34 President Pro Tempore Local Government and Taxation State Affairs

JOHNSON, DAN G...... Lewiston...... 7 Local Government and Taxation - Vice Chair Commerce and Human Resources

KEOUGH, SHAWN...... Sandpoint...... 1 Finance - Vice Chair Transportation

LEFAVOUR, NICOLE ...... Boise...... 19 Education Finance Judiciary and Rules

LODGE, PATTI ANNE...... Huston ...... 13 Health and Welfare - Chair Judiciary and Rules State Affairs

MALEPEAI, EDGAR J...... Pocatello...... 30 Minority Leader Education State Affairs SENATE INDEX 289

Name Address District MCKAGUE, SHIRLEY ...... Meridian...... 20 Commerce and Human Resources - Vice Chair Judiciary and Rules

MCKENZIE, CURT ...... Nampa ...... 12 State Affairs - Chair Local Government and Taxation

MORTIMER, DEAN M...... Idaho Falls ...... 32 Education - Vice Chair Finance Judiciary and Rules

NUXOLL, SHERYL L...... Cottonwood ...... 8 Agricultural Affairs Health and Welfare Judiciary and Rules

PEARCE, MONTY J...... New Plymouth...... 9 Resources and Environment - Chair Agricultural Affairs Education

RICE, JIM...... Caldwell...... 10 Local Government and Taxation Transportation

SCHMIDT, DAN J...... Moscow ...... 6 Agricultural Affairs Commerce and Human Resources Health and Welfare

SIDDOWAY, JEFF C...... Terreton ...... 35 Agricultural Affairs - Chair Local Government and Taxation Resources and Environment

SMYSER, MELINDA S...... Parma...... 11 Agricultural Affairs - Vice Chair Commerce and Human Resources Health and Welfare

STENNETT, MICHELLE ...... Ketchum...... 25 Minority Caucus Chair Commerce and Human Resources Resources and Environment State Affairs

TIPPETS, JOHN...... Montpelier ...... 31 Commerce and Human Resources Resources and Environment 290 SENATE INDEX

Name Address District TORYANSKI, MITCH ...... Boise...... 18 Education Finance

VICK, STEVE ...... Dalton Gardens ...... 3 Judiciary and Rules - Vice Chair Agricultural Affairs Health and Welfare

WERK, ELLIOT...... Boise...... 17 Local Government and Taxation Resources and Environment Transportation

WINDER, CHUCK ...... Boise...... 14 Assistant Majority Leader Education State Affairs Transportation SENATE INDEX 291

SECTION II - Continued

SENATE COMMITTEE ASSIGNMENTS 2012 LEGISLATURE

Agricultural Affairs (9) Siddoway, Chairman Smyser, Vice Chairman Judiciary and Rules (9) Darrington, Chairman Corder Bock Vick, Vice Chairman Pearce Schmidt Hammond Davis Bock Vick Lodge LeFavour Nuxoll McKague Mortimer Nuxoll Commerce and Human Resources (9) Andreason, Chairman McKague, Vice Chairman Local Government and Taxation (9) Corder, Chairman Cameron Stennett Johnson, Vice Chairman Goedde Schmidt Smyser Hill Werk Tippets McKenzie Bilyeu Johnson Hammond Siddoway Rice Education (9) Goedde, Chairman Mortimer, Vice Chairman Resources and Environment (9) Pearce, Chairman Andreason Malepeai Bair, Vice Chairman Pearce LeFavour Fulcher Cameron Werk Winder Siddoway Stennett Toryanski Brackett Heider Tippets

Finance (10) Cameron, Chairman State Affairs (9) Keough, Vice Chairman McKenzie, Chairman

Broadsword Bilyeu Darrington Malepeai Bair LeFavour Davis Stennett Brackett Hill Mortimer Fulcher Toryanski Winder Heider Lodge

Health and Welfare (9) Lodge, Chairman Transportation (9) Broadsword, Vice Chairman Hammond, Chairman Brackett, Vice Chairman Darrington Bock Smyser Schmidt Keough Werk Heider Corder Bilyeu Vick Winder Nuxoll Bair Rice 292 SENATE INDEX

SECTION III

2012 SENATE ATTACHE INDEX

Name Position

ADAMS, BEN...... Page BENCKEN, LOIS...... Health and Welfare Committee Secretary BENNETT, ERIN ...... Majority Staff Assistant BENNETT, GAYE...... Transportation Committee Secretary BOWER, CHASE...... Page BUDELL, JUANITA...... Resources and Conservation Committee Secretary BUHLER, KEITH ...... Chaplain BUJARSKI, JO ANN...... Local Government and Taxation Committee Secretary BUSH, JAMIE...... *Page CHAPMAN, RYAN...... Page CHELSON, NATHAN ...... *Page CHRISTENSEN, MARC ...... *Page CSUTORAS, JERRY ...... Assistant Sergeant at Arms DEARING, SHANNON...... Majority Staff Assistant DEIS, CAROL...... Commerce and Human Resources Committee Secretary DELUCA, DAN ...... Minority Staff Assistant DEMORDAUNT, BEN ...... Page DRAKE, JANET ...... Majority Staff Assistant FEIST, RENAE...... Page GODFREY, JANAE ...... *Page GRAD, REBEKAH ...... Page HENDERSON, AL...... Doorkeeper HENDRICK, SARAH ...... Journal Clerk HINDS, LEIGH ...... Judiciary and Rules Committee Secretary INGRAM, ANN ...... Majority Staff Assistant JONES, MARY SUE...... **Chief of Staff to President Pro Tem KAMBEITZ, LINDA ...... *Majority Staff Assistant KAPLAN, CARI...... Calendar Clerk KEITHLY, JUNE ...... Secretary to the Secretary of the Senate KELLEY, DANIEL ...... *Page KELLY, DIANE...... ***Minority Chief of Staff KREIS, BRIAN ...... Page KUKLA, LIZZIE...... Assistant to Majority Leadership SENATE INDEX 293

Name Position

LISTER, CAITLIN...... Minority Staff Assistant LUNDGREN, KARL ...... *Page MANOR, ELISABETH...... *Page MCDONALD, SARAH JANE...... Sergeant at Arms MELTON, TWYLA...... State Affairs Committee Secretary MITCHELL, HANNAH...... Assistant to Majority Caucus Chair MOCETTINI, ABIGAIL...... Page MOYER, PEGGY...... Finance Committee Secretary NOVAK, JENNIFER...... **Secretary of the Senate PAGE, DIANA ...... Majority Staff Assistant SMITH, JOSHUA...... *Page SMITH, MARIAN...... Majority Leadership Secretary SON, KYLE...... *Page SOUTH, LEANN ...... Education Committee Secretary STANSELL, CHRISTY...... Agricultural Affairs Committee Secretary STRINGHAM, BEN ...... *Page WARZYN, TESS...... Page WEBSTER, SARAH ...... *Page WOODLAND, ALEXA ...... *Page WRIGHT, ALEXANDER ...... Page

Attache sworn in January 12, 2012 * Attache sworn in February 23, 2012 ** Permanent Full-Time Employees *** Permanent Part-Time Employees 294 SENATE INDEX

SECTION IV

TOPICAL INDEX [ALPHABETICALLY ARRANGED] This Topical Index alphabetically lists subject matter for ALL Senate bills, and ONLY those House bills introduced in the Senate. Nonlegislative subject matter is included and referred to by page number only. Since the Senate Journal only covers the actions of House bills transmitted to the Senate, this topical index does not refer to every House bill introduced in the House. Separate indices in this volume list, in numerical order, all House bills, memorials, resolutions, and proclamations received by the Senate and show action taken by the Senate thereon. If a particular subject matter does not appear in this index, refer to the House Journal Alphabetical Index. Session law numbers for legislation passing both Senate and House, and becoming law, are included for all Senate bills within the Numerical Index Section V. Bill Intro. Vote Number Page Page

- A -

ABORTION Pre-abortion ultrasound required, documentation ...... S 1349 136 - Pre-abortion ultrasound required, documentation ...... S 1387 184 220 ACCIDENTS See also EMERGENCIES Accident response costs, fee restrictions...... H 647 219 - Accident/sickness, interstate insurance sales ...... H 587 182 - Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 ACCOUNTING AND ACCOUNTANTS Insurance Department, monthly fees statement, recipients...... H 422 154 221 ACCOUNTS Fish and Game Department Set-Aside Account, winter feeding, depredation ...... S 1321 88/163 177 Medical savings acct, increase maximum contribution ...... H 566 185 - Opportunity scholarship acct, maximum costs ...... H 383 72 123 Professional studies acct, no state appropriations...... H 382 65 122 State Community College Acct, disbursements...... H 385 72 123 State lottery dividend transfers, when...... S 1285 65 126 ACTING SENATORS See GUBERNATORIAL APPOINTMENTS; SUBSTITUTE SENATORS Patrick Malloy, effective January 23, 2012, replacing Senator McKague ...... 30 ACTS Community Infrastructure District Act, amend ...... H 593 172 238 Conflict of Interest Act, add ...... S 123827 - Fair Elections Act, add ...... S 1247 28 - Honest Leadership and Open Government Act, add ...... S 1246 28 - Idaho Hall of Fame, repeal...... S 1270 45 72 Lobbyist Restriction Act, add...... S 1235 26 - Open Access to Work Act, add ...... S 1342 120 - Open Access to Work Act, add ...... S 1373 159 199 Pay to Play Act, add ...... S 1244 28 - Public Official Accountability Act, add ...... S 1245 28 - Rangeland Center Act, add...... S 1291 71 113 Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - Successor Corporation Asbestos-Related Liability Act...... H 376 120 227 Trade Secrets Act, amend...... S 1339 111/186 - Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 Uniform Limited Convention Act, add ...... S 1362 148/189 206 Uniform Prudent Investor Act, amend ...... S 1232 23 61 Uniform Securities Act, amend...... H 492 143 167 Video Service Act, add...... H 539 143 244 SENATE INDEX 295

Bill Intro. Vote Number Page Page

ADJOURNMENT, SINE DIE Second Regular Session of the Sixty-First Legislature: Thursday, March 29, 2012, at 7:10 p.m...... 282 ADMINISTRATION DEPARTMENT Administration Department group insurance rule rejected...... SCR 119 80 95 Appropriation revised ...... S 1257 37 60 Appropriation, Capitol Commission...... S 1400 205 237 Appropriation, Public Works Division...... S 1399 205 237 Appropriation, add'l...... S 1406 219 252 Appropriation, bond payment program...... H 679 235 263 Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Capitol mall property, jurisdiction, law enforcement ...... H 693 267 276 Health savings account, state employees, rules ...... H 573 185 - ADMINISTRATIVE PROCEDURE ACT See also RULES Administration Department group insurance rule rejected...... SCR 119 80 95 Agency fee rules approved, exceptions...... SCR 128 157 177 Agency rules, continue in effect...... H 635 182 244 Agency temporary rules approved, exceptions ...... SCR 129 158 177 Agriculture Department brucellosis rule rejected ...... HCR 38 143 - Agriculture Department parasiticide rule rejected ...... SCR 117 80 105 Building Safety Division electrical code rule rejected ...... SCR 118 80 92 Fish and Game Commission licensing rule rejected...... SCR 121 118 130 Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - Health and Welfare Department Medicaid rule rejected...... SCR 129 158 177 Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Health and Welfare Department Residential Hab. Agencies rule rejected...... HCR 43 143 - Health and Welfare Department, certain Medicaid rules rejected...... SCR 114 73 87 Idaho State Police Officer Training rule rejected...... SCR 122 118 131 Insurance Department orders, service methods, completion ...... H 421 154 221 Negotiated rulemaking, feasibility, requirements...... S 1318 87 - Negotiated rulemaking, feasibility, requirements...... S 1366 149 194 Parks and Recreation Department winter parking rule rejected...... SCR 129 158 177 Tax Commission, certain administrative rules rejected ...... HCR 33 111 131 Tax Commission, certain income tax rules rejected ...... SCR 113 54 67 Veterinary Medicine Board rule rejected ...... HCR 37 143 177 Water Resources actions for violations, within 2 years...... H 400 120 213 ADMINISTRATOR OF THE OFFICE ON AGING Haws, Sam: Appointment, Member Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 ADOPTION Child adoption advertising, license number required ...... S 1276 59 - Post-adoption communication agreements, court approval ...... S 1281 59 - ADVERTISING Child adoption advertising, license number required ...... S 1276 59 - Grape Growers Commission, promote grape products...... H 412 59 123 AERONAUTICS Aviation fields, bond election language removed ...... S 1330 97194 Civil air patrol established...... S 1386 184 254 Guyed tower safety standards, air flight hazards ...... H 511 149/189 210 AERONAUTICS ADVISORY BOARD Back, Colleen Marie: Appointment, Member Appointed by Governor/to Transportation (Jan. 26)...... 41 Committee Report...... 63 Confirmed by Senate...... 67 296 SENATE INDEX

Bill Intro. Vote Number Page Page

AGING, COMMISSION ON Appropriation...... S 1375 160 179 Mobility Council created, transportation planning ...... S 1310 83 113 AGRICULTURE Agriculture Department parasiticide rule rejected ...... SCR 117 80 105 Agriculture value-added processing facility tax credit ...... H 606 241 - Barley Commission, tax ceiling, removal of commissioner...... S 1304 78 154 Commercial feed, registration/labels/website statements ...... S 1236 26 92 Department, appropriation...... H 681 235 264 Department, appropriation, Pest Control Deficiency Fund...... H 395 42 60 Department, brucellosis rule rejected...... HCR 38 143 - Department, funds to update state rail plan ...... H 414 225 258 Grape Growers Commission, promote grape products...... H 412 59 123 Honey quality standards, regulation...... H 513 137 211 Public land grazing management plan, proposal ...... S 1271 49 178 Rangeland Center Act, Univ. of Idaho, research/educate ...... S 1291 71 113 Sheep/Goat Health Board, replaces Sheep Commissioner Board ...... H 512 150 210 Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 Wheat Commission, removal of commissioner ...... S 1218 14 - Wheat Commission, removal of commissioner ...... S 1259 37 92 Wolf control after livestock depredation, methods ...... S 1305 79 - AIR POLLUTION See POLLUTION AIRPLANES AND AIRCRAFT Guyed tower safety standards, air flight hazards ...... H 511 149/189 210 Parts for privately-owned aircraft, sales tax exemption ...... H 417 59 138 AIRPORTS Aviation fields, bond election language removed ...... S 1330 97194 ALCOHOLIC BEVERAGES See LIQUOR AMENDMENT TO STATEMENT OF PURPOSE S 1237 ...... 49 AMENDMENTS Senate Bills Amended in the Senate: S 1215, As Amended...... 100 S 1231, As Amended...... 138 S 1255, As Amended...... 100 S 1255, As Amended, As Amended ...... 138 S 1277, As Amended...... 100 S 1294, As Amended...... 139 S 1295, As Amended...... 186 S 1317, As Amended...... 138 S 1321, As Amended...... 163 S 1323, As Amended...... 139 S 1336, As Amended...... 163 S 1337, As Amended...... 163 S 1339, As Amended...... 186 S 1348, As Amended...... 200 S 1356, As Amended...... 163 S 1357, As Amended...... 185 S 1358, As Amended...... 186 S 1362, As Amended...... 189 S 1380, As Amended...... 209 S 1383, As Amended...... 233 S 1390, As Amended...... 228 SENATE INDEX 297

Bill Intro. Vote Number Page Page

House Bills Amended in the Senate: H 358, As Amended in the Senate...... 76 H 404, As Amended in the Senate...... 75 H 426, As Amended in the Senate...... 199 H 439, As Amended, As Amended in the Senate ...... 220 H 450, As Amended in the Senate...... 189 H 457, As Amended in the Senate...... 186 H 497, As Amended in the Senate...... 186 H 511, As Amended, As Amended in the Senate...... 189 H 564, As Amended, As Amended in the Senate ...... 233 Senate Bills Amended in the House, Concurrence in: S 1243, As Amended in the House, As Amended in the House...... 226 S 1256, As Amended in the House...... 251 S 1269, As Amended in the House...... 226 S 1274, As Amended in the House...... 233 S 1303, As Amended in the House...... 272 ANDERSON, KENNETH T. Appointment, Member: Idaho Fish and Game Commission Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 ANIMALS See also WILDLIFE Animal cruelty, cockfighting, repeat offenders, felony ...... S 1303 78/272 121/277 Animal torture, cockfighting, repeat violations...... H 650 208 - Commercial feed, registration/labels/website statements ...... S 1236 26 92 Dangerous dogs, attacks, control, penalties ...... S 1302 78 117 Fish and Game Department funds use, winter feeding, depredation...... S 1321 88/163 177 Hunt/fish/trap, constitutional right...... SJR 103 34 - Hunt/fish/trap, constitutional right...... SJR 105 94 - Hunt/fish/trap, constitutional right...... SJR 106 104 131 Hunt/fish/trap, constitutional right...... HJR 2 248 265 Livestock liens, public auction sales...... H 611 198 264 Sheep/Goat Health Board, replaces Sheep Commissioner Board ...... H 512 150 210 Traps for animals, check every 36 hours ...... S 1239 27 - Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 Wolf control after livestock depredation, methods ...... S 1305 79 - APPEALS Irrigation district directors' decision, appeal process...... S 1289 68 127 Redistricting plan court challenges, when and how ...... S 1385 177 - State Appellate Public Defender, appropriation...... H 638 182 222 APPOINTMENTS Barley Commission, tax ceiling, removal of commissioner...... S 1304 78 154 Legislative appointments, repeal inactive provisions ...... S 1270 45 72 Travel/Convention Industry Council, member terms...... H 613 208 245 Wheat Commission, removal of commissioner ...... S 1218 14 - Wheat Commission, removal of commissioner ...... S 1259 37 92 APPOINTMENTS, SENATE See COMMITTEES, Standing See COMMITTEES, Memorial Service, Lincoln Day Lincoln Day Service, February 10, 2012 ...... 82 Senators Vick and Nuxoll, Co-chairmen...... 80 Memorial Service, February 20, 2012...... 106 Senators Heider and Schmidt, Co-chairmen ...... 106 See GUBERNATORIAL APPOINTMENTS 298 SENATE INDEX

Bill Intro. Vote Number Page Page

APPROPRIATIONS Administration Department, Capitol Commission...... S 1400 205 237 Administration Department, Public Works Division ...... S 1399 205 237 Administration Department, add'l...... S 1406 219 252 Administration Department, appropriation revised...... S 1257 37 60 Administration Department, bond payment program ...... H 679 235 263 Aging Commission ...... S 1375 160 179 Agriculture Department ...... H 681 235 264 Arts Commission ...... H 616 167 212 Attorney General...... H 637 185 222 Attorney General, mortgage settlement agreement funds...... H 703 279 280 Blind/Visually Impaired Commission ...... S 1388 192 216 Budget Stabilization Fund ...... H 702 279 279 Budget Stabilization Fund, unencumbered moneys...... H 594 219 - Catastrophic Health Care Fund, intent ...... H 615 167 211 Catastrophic Health Care Program, add'l...... H 574 131 155 Commerce Department...... S 1409 234 257 Constitutional Defense Council Fund ...... S 1413 251 268 Correction Department ...... H 678 235 263 Department of Environmental Quality...... S 1359 143 173 Disaster Emergency Fund...... H 702 279 279 Education Bd/Univ. of Idaho, special programs ...... H 684 251 267 Education Bd/University of Idaho, colleges/universities...... H 659 219 248 Education Bd/University of Idaho, health education programs...... H 696 263 270 Education Board, Office of...... S 1398 204 237 Education Board, Professional-Technical Education Division ...... H 600 160 179 Education Board, Public Broadcasting System...... S 1381 166 194 Education Board, Vocational Rehabilitation Division ...... S 1377 160 193 Education Board, Vocational Rehabilitation Division ...... S 1415 256 270 Education Board, appropriation, Vocational Rehabilitation Division...... S 1267 45 60 Education Board, community colleges...... S 1397 204 237 Education Dept/Sup't of Public Instruction...... S 1403 215 248 Educational support program...... S 1410 235 257 Endowment Fund Investment Board...... S 1360 143 193 Finance Department...... H 602 160 180 Fire Suppression Deficiency Fund ...... H 395 4260 Fish and Game Department...... H 641 185 223 Governor, Office of...... S 1367 149 174 Governor, Office of, Drug Policy Office...... H 686 251267 Governor, Office of, Energy Resources Office ...... S 1361 143173 Governor, Office of, Financial Management Division...... S 1402 215242 Governor, Office of, Military Division ...... H 636 182222 Governor, Office of, Species Conservation Office...... S 1382 166194 Governor, Office of, State Liquor Division...... S 1391 192216 Governor, Office of, appropriation, Human Resources Division ...... H 618 167212 Governor, Office of, appropriation, PERSI...... H 617 167 212 Hazardous Substance Emergency Response Fund...... H 395 42 60 Health and Welfare Department, appropriation changed...... H 658 219 244 Health and Welfare Department, child welfare...... S 1414 251 268 Health and Welfare Department, independent councils/indirect support/public ...... H 657 219 244 Health and Welfare Department, medicaid ...... H 682 241 260 Health and Welfare Department, mental health ...... S 1405 219 247 Health and Welfare Department, welfare...... S 1404 219 246 Idaho State Police ...... H 676 235 261 Idaho State Police, add'l...... S 1412 251 268 Industrial Commission...... H 675 235 261 Insurance Department...... H 622 172 216 Juvenile Corrections Department ...... S 1396 204 236 SENATE INDEX 299

Bill Intro. Vote Number Page Page APPROPRIATIONS (Continued) Labor Department...... S 1384 176 203 Lands Department...... H 655 208 242 Lava Hot Springs Foundation...... H 668 235 260 Legislative Council...... S 1401 215 242 Libraries Commission...... H 642 185 223 Lieutenant Governor, Office of ...... S 1368 149 174 Pardons and Parole Commission...... H 677 235 263 Parks and Recreation Department ...... H 680 235 264 Pest Control Deficiency Fund...... H 395 42 60 Public Education Stabilization Fund ...... H 702 279 279 Public Health Trust Fund...... S 1351 136 162 Public Utilities Commission...... H 674 235 261 School facilities cooperative program, add'l. funds...... H 633 193 238 Secretary of State...... H 643 185 223 Secretary of State, add'l...... S 1333 102 127 Self-Governing Agencies Department, Building Safety Division...... S 1353 137 162 Self-Governing Agencies Department, Hispanic Affairs Commission ...... S 1354 137 162 Self-Governing Agencies Department, Veterans Services Division...... H 654 208 242 Self-Governing Agencies Department, regulatory boards ...... S 1392 192 216 Self-Governing Agencies, Historical Society ...... H 644 185 223 Self-Governing Agencies, Historical Society ...... S 1416 256 270 Self-Governing Agencies, Libraries Commission, appropriation revised ...... S 1258 37 60 Self-Governing Agencies, State Lottery ...... S 1350 136 161 Self-Governing Agencies, medical boards...... S 1352 136 162 Soil and Water Conservation Commission...... H 669 235 261 State Appellate Public Defender ...... H 638 182 222 State Controller...... S 1393 198 236 State Independent Living Council...... S 1376 160 193 State Treasurer ...... H 621 172 213 Supreme Court ...... H 685 251 267 Supreme Court, judges' retirement ...... H 701 279 279 Tax Appeals Board ...... H 665 219 245 Tax Commission ...... H 664 219 244 Tobacco /substance abuse programs, Millennium Fund ...... S 1408 225 257 Transportation Department ...... S 1394 198 236 University of Idaho, Agricultural Research/Extension ...... H 601 160 180 Water Resources Department ...... S 1389 192 216 ARMED FORCES See MILITARY AND MILITIA ARTS Arts learning in schools, support...... HCR 39 150 184 Commission, appropriation...... H 616 167 212 ASSESSMENTS AND ASSESSORS Community Infrastructure District Act, amend ...... H 593 172 238 Forest land values for taxation purposes, calculation...... H 357 35 66 Homeowner's exemption, increase, first $150,000...... S 1249 28 - Homestead exemption, owner away on temporary service ...... H 387 97 - Property tax exemptions, application, appeals process...... H 356 35 56 Taxing district, taxable property values, notification...... H 358 35/76 122 ASSIGNMENTS Assignments, Standing Committee...... 22 Assignments, Revised Standing Committee ...... 22 ASSISTED LIVING AND NURSING HOMES Nursing home administrator training before graduation...... H 442 115 168 ASSOCIATIONS Education employee liability insurance, associations...... H 694 263 - Idaho Education Association, 120 years of service ...... HCR 48 167 184 300 SENATE INDEX

Bill Intro. Vote Number Page Page

ATHLETICS Athletic Trainers Board member compensation...... S 1278 59 93 Extracurricular activities, school accreditation ...... S 1301 78 112 Sun Valley Adaptive Sports, tax credit ...... H 488 149 - Youth athletes, concussion guidelines, requirements...... H 632 192 238 ATTACHES Election and Oath of Office (Attaches and First Group Pages) ...... 12 Election and Oath of Office (Second Group Pages) ...... 119 Kambeitz, Linda ...... 119 ATTORNEY GENERAL Appropriation...... H 637 185 222 Attorney General, mortgage settlement agreement funds...... H 703 279 280 Cigarette rolling machines, operator certification...... H 518 172 243 Executive official/legislator, period before lobbying ...... S 1235 26 - ATTORNEYS Atty fees, civil actions of $35,000 or under ...... S 1324 89 131 Bar fees for senior members, $70 ...... S 1214 12 92 Fee award, civil actions between government agencies ...... S 1332 100 151 Garnishment/execution, service by attorney, fees...... S 1411 241 - State Appellate Public Defender, appropriation...... H 638 182 222 AUCTIONS AND AUCTIONEERS State land leases, auction, highest bidder...... H 477 278 - AUDITORIUM DISTRICTS See DISTRICTS AUDITS AND AUDITORS Education Board, transportation program, delete audit ...... H 498 120 156 Insurance administrators, financial statements...... H 420 154 217 Unclaimed property administrator, records exemption...... S 1365 149 173 AUTOMOBILES See MOTOR VEHICLES AWARDS See HONORS AND AWARDS

- B -

BACK, COLLEEN MARIE Appointment, Member: Aeronautics Advisory Board Appointed by Governor/to Transportation (Jan. 26)...... 41 Committee Report...... 63 Confirmed by Senate...... 67 BAIL Bail bond premium collected before defendant released...... S 1325 89 - BALLOTS See ELECTIONS BANKS AND FINANCIAL INSTITUTIONS Public depository, annual report, deadline ...... H 482 126 156 BEDAL, DOLLY OUITA Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 BEER See LIQUOR BERGER, GINA GARCHOW Appointment, Member: Idaho Lottery Commission Appointed by Governor/to State Affairs (Jan. 23)...... 31 SENATE INDEX 301

Bill Intro. Vote Number Page Page

BETTS, JEFFREY A. Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 BEVERAGES Free samples, exempt from use tax...... H 489 131 162 Grape Growers Commission, promote grape products...... H 412 59 123 BIDS Public works bid documents, when public record ...... S 1372 159 236 BINGO AND RAFFLES Gross revenue proceeds, authorized uses...... S 1286 65 126 BINGO-RAFFLE ADVISORY BOARD Garrett, J. Marshall: Appointment, Member Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 Lively, Wendy: Appointment, Member Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 BIOLOGY See SCIENCE AND TECHNOLOGY BIRDS Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 BIRTH CONTROL Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - BLACK, PETER J. Appointment, Member: Idaho Personnel Commission Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 BLIND Blind/Visually Impaired Commission, appropriation ...... S 1388 192 216 Commission, disabled state retiree, commission service...... H 598 154 213 BOARD OF ENVIRONMENTAL QUALITY Boling, Kevin C.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 MacMillan, John Randolph: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 Purdy, Nick: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 BOARD OF TAX APPEALS Pike, Linda: Appointment, Member Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 BOARDS Athletic Trainers Board member compensation...... S 1278 59 93 Building Code Board member compensation ...... H 409 97 128 Building Code Board, nonclassified director ...... H 407 97128 Community guardian board member, term limit removed ...... H 484 126 162 Dietetic Licensure Board member compensation ...... S 1277 59/100 122 302 SENATE INDEX

Bill Intro. Vote Number Page Page BOARDS (Continued) Hall of Fame Advisory Board repealed ...... S 1270 45 72 Idaho Electrical Board, elect vice-chairman ...... H 408 97 128 Nursing Board, advisory committee membership...... S 1273 52 112 Public Works Contractors License Board member compensation...... H 409 97 128 Respiratory care licensure board member compensation ...... S 1280 59 93 Scaling Practices Board member qualifications, terms...... H 494 143 243 Sheep/Goat Health Board, replaces Sheep Commissioner Board ...... H 512 150 210 BOLING, KEVIN C. Appointment, Member: Board of Environmental Quality Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 BONDS Aviation fields, bond election language removed ...... S 1330 97194 BOWLING ALLEYS See ENTERTAINMENT BOXING See ENTERTAINMENT BRANDS Brand inspectors, state police policies/rules ...... H 402 59 123 BRASSEY, JOHN MICHAEL Appointment, Member: Idaho Personnel Commission Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 BRIDGES Bridge safety program, GARVEE funds, reports...... S 1317 87/138 150 BUDGET MESSAGE Governor C. L. "Butch" Otter ...... 3 BUDGETS Budget Stabilization Fund, unencumbered moneys...... H 594 219 - Economic Estimates Commission, excess revenues, tax reduction...... H 559 225 - School district salary-based apportionments, adjustment ...... S 1331 99 152 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 U.S. constitutional convention, enumerated topics...... SCR 126 146 - BUHLER, KEITH Senate Chaplain, Church of Jesus Christ of Latter-day Saints, Boise...... 1 BUILDING AUTHORITY Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Vardis Fisher & Billingsley Creek properties, finance ...... SCR 123 134 148 BUILDING SAFETY DIVISION Appropriation...... S 1353 137 162 Building Safety Division electrical code rule rejected ...... SCR 118 80 92 Building Safety Division electrical code rules rejected...... HCR 31 72 - Continuing education fee rule rejected ...... SCR 128 157 177 Elevator safety, modernization alteration exemption...... H 469 97 132 Idaho Electrical Board, elect vice-chairman ...... H 408 97 128 Manufactured home installation, tags and permits ...... H 468 120 155 Plumbing safety licensing rule rejected ...... SCR 128 157 177 Regional managers, nonclassified employees ...... H 407 97128 School building maintenance plan, reports, when ...... H 499 126 168 School facilities cooperative program, add'l. funds...... H 633 193 238 BUILDINGS Building Code Board member compensation ...... H 409 97 128 Building Code Board, nonclassified director ...... H 407 97128 Elevator safety, modernization alteration exemption...... H 469 97 132 Manufactured home installation, tags and permits ...... H 468 120 155 School building maintenance match money, other use...... H 672 256 268 School building maintenance plan, reports, when ...... H 499 126 168 SENATE INDEX 303

Bill Intro. Vote Number Page Page BURDICK, CHIEF JUSTICE ROGER S. State of the Judiciary Message...... 39 BURNHAM, JON MICHAEL Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 BUSINESS Business inventory tax deduction, site improvements...... H 519 126 230 Taxable income, corporate passive losses...... H 363 42 66 Trade secret misappropriation, damages ...... S 1339 111/186 - BUSINESS ENTITIES Company name, no false government affiliation ...... H 550 167 227

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CALL OF THE SENATE Requested by Senator Darrington (February 17, 2012)...... 102 Requested by Senator Darrington (March 20, 2012)...... 229 CAMPAIGN FINANCE See CAMPAIGNS AND CANDIDATES CAMPAIGNS AND CANDIDATES Idaho Fair Elections Act, alternative campaign finance ...... S 1247 28 - Public officers/candidates, financial disclosures ...... S 1238 27 - Recall elections, financial reporting requirements ...... H 490 115 222 CAMPING AND CAMPGROUNDS State buildings, no camping, removal of belongings...... H 404 46/75 93 CAPITAL PUNISHMENT Death penalty, no criminal/civil liability...... S 1292 71 112 Death warrant after execution, return to district court...... S 1265 42 88 Death warrant after stay of execution, procedure...... S 1266 42 88 CAPITOL Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Capitol mall property, jurisdiction, law enforcement ...... H 693 267 276 Commission, appropriation...... S 1400 205 237 Parking meters, inactive during legislative session ...... H 480 126 - State facilities, no camping, removal of belongings...... H 404 46/75 93 CATTLE See LIVESTOCK CEMETERIES AND CREMATORIUMS Cemetery district employee, not a PERSI employee...... H 607 185 237 Taxing district, taxable property values, notification...... H 358 35/76 122 Unclaimed bodies, cremation authorized after 14 days...... H 551 215 253 CEREMONY, FLAG Presentation of State Flag, January 9, 2012 Idaho State Police, Honor Guard...... 1 Pledge of Allegiance: Sarah Jane McDonald, Sergeant at Arms...... 1 National Anthem: Allie Hill ...... 1 Idaho State Song: Carlee, Brennan and Cameron Coulson, Heather Duke, Allie, Cameron and James Hill, Emily Perez, Camden and Egan Schafer, McKenzie Westergard, Sarah Williams ...... 1 Retrieve State Flag, Sine Die: Sergeant at Arms, March 29, 2012...... 282 Presented to Senators Smyser, LeFavour, Hammond, McKague, Bilyeu, Broadsword, Malepeai, Andreason and Darrington, March 29, 2012...... 282 304 SENATE INDEX

Bill Intro. Vote Number Page Page

CERTIFICATE OF ELECTION Senators...... 1 CERTIFICATES OF APPOINTMENT Senator Appointments: (By Date of Appointment) Certificate and Letter of Appointment (Effective December 20, 2011) ...... 2 Senator Daniel Johnson ...... 2 Certificate and Letter of Appointment (Effective March 1, 2012)...... 152 Senator Jim Rice ...... 152 Substitute Senator Appointment (By Date of Appointment) Certificate and Letter of Appointment (Effective January 23, 2012)...... 30 Acting Senator Patrick Malloy ...... 30 CHAIR OF THE IDAHO TRANSPORTATION BOARD Whitehead, Jerry: Appointment, Member Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 94 Confirmed by Senate...... 99 CHAPLAIN Senate Chaplain, Keith Buhler, The Church of Jesus-Christ of Latter-day Saints, Boise...... 1 CHARITIES Ariane Drake and Emily Kladar, exemplary volunteers...... SR 104 171 181 Bingo/raffle revenue, authorized uses of proceeds ...... S 1286 65126 Endowment funds, gift instrument directions ...... S 1314 84 114 Special needs recreation, donations, tax credit ...... S 1216 12 - Special needs recreation, donations, tax credit ...... H 437 72 - Sun Valley Adaptive Sports, tax credit ...... H 488 149 - CHILDREN Child adoption advertising, license number required ...... S 1276 59 - Child custody modification, deployed parent...... S 1300 78 - Child custody modification, deployed parent...... S 1380 166/209 226 Child enticement, Internet/electronic communications...... S 1338 111 161 Child rape, fail to report, prosecution ...... S 1254 35 - Divorce, parenting coordinator, retainer requirement...... H 455 97 140 Electronic cigarettes, no sales to minors...... H 405 65 132 Firearms, possession by hunters under age 10...... H 543 131 195 Guardianship, termination, modification, removal...... S 1233 2361 Health and Welfare Department child protection records, when disclosed...... S 1255 35/100/138 150 Hunting tag, designations to qualified children ...... H 457 131/186 209 Legal guardians, remove financial liability of ...... S 1279 5993 Post-adoption communication agreements, court approval ...... S 1281 59 - Sexual exploitation of a child, technology...... S 1337 110/163 169 State veterans homes, parents of those killed in action...... H 371 72 - Student harassment/cyberbullying, school policy...... S 1358 142/186 209 Tanning beds, restrict use by children under 16 ...... H 486 235 - Youth athletes, concussion guidelines, requirements...... H 632 192 238 CHURCHES See RELIGION AND CHURCHES CIGARETTES See TOBACCO CIRCUIT BREAKER TAX RELIEF See TAX AND TAXATION, PROPERTY CITIES Accident response costs, fee restrictions...... H 647 219 - Aviation fields, bond election language removed ...... S 1330 97194 City irrigation system extension, no eminent domain ...... S 1379 160 - City irrigation system, extension into area of impact...... S 1287 67 - Dangerous dogs, attacks, control, penalties ...... S 1302 78 117 Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Land application of effluent, government-required...... H 608 182 244 Mobility Council created, transportation planning ...... S 1310 83 113 SENATE INDEX 305

Bill Intro. Vote Number Page Page CITIES (Continued) Public works bid documents, when public record ...... S 1372 159 236 Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Recall elections, financial reporting requirements ...... H 490 115 222 Revenue allocation area, tax rate, college maintenance ...... H 562 177 - Speed limit alteration, Transportation Board approval...... H 619 215 252 State plumbing code, city enforcement, amendments...... H 466 120 155 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Traffic safety education program, fees, use...... S 1275 58151 Urban renewal agency, delete certain powers...... H 506 115 - Urban renewal plan, modifications, project specificity...... H 507 149 - CIVIL ACTIONS Atty fees, civil actions of $35,000 or under ...... S 1324 89 131 Child custody modification, deployed parent...... S 1380 166/209 226 Contract limiting litigation, against public policy ...... H 639 235 271 Death penalty, no criminal/civil liability...... S 1292 71 112 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Education employee liability insurance, associations...... H 694 263 - Foreign judgments, court filing, county of residence ...... S 1230 22 - Government agencies, award of attorney fees ...... S 1332 100 151 Highway, status determination, exhaust procedure...... S 1355 137 - Investment fraud, three year statute of limitations ...... H 492 143 167 Legislative Legal Defense Fund created ...... H 695 263 269 Motorbike instruction, property, injuries, immunity...... S 1284 65 - Post-adoption communication agreements, court approval ...... S 1281 59 - Service by publication, supporting affidavit ...... S 1253 3568 State land mineral violations, legal interest rate...... H 372 100 265 Successor Corporation Asbestos-Related Liability Act...... H 376 120 227 Trade secret misappropriation, damages ...... S 1339 111/186 - Water Resources actions for violations, within 2 years...... H 400 120 213 CLERICAL CORRECTION S 1237, Senator Davis: Typographical correction to Statement of Purpose ...... 49 S 1321, as amended, Senator Winder: Typographical correction to bill ...... 178 CODES Building Safety Division Electrical Code rules rejected ...... HCR 31 72 - Elevator safety, modernization alteration exemption...... H 469 97 132 Idaho Code codifier's corrections ...... S 1298 75 113 Inactive provisions of code, repeal...... S 1270 45 72 Income tax term clarification, remove obsolete language ...... H 365 4272 Internal Revenue Code, 2012 edition...... H 355 22 46 Judges, updated terminology for ...... S 1222 17 61 Manufactured home installation, tags and permits ...... H 468 120 155 State plumbing code, city enforcement, amendments...... H 466 120 155 Telegraph service provisions in code repealed ...... S 1272 52 93 COLLECTIONS AND COLLECTION AGENCIES See also DEBTORS AND CREDITORS COLLEGES AND UNIVERSITIES 8 in 6 program, accelerated student program...... H 426 84/199 221 Education Bd/Univ. of Idaho, appropriation, special programs ...... H 684 251 267 Education Bd/University of Idaho, appropriation, universities ...... H 659 219 248 Education Bd/University of Idaho, health education, appropriation ...... H 696 263 270 IGEM Council, grants, university research...... H 546 137 167 Military training, credit towards college/licensure ...... S 1299 77 127 Proprietary school disclosures to students required...... S 1234 26 - Rangeland Center Act, Univ. of Idaho, research/educate ...... S 1291 71 113 Residency status for military members & dependents...... H 384 65 88 Revenue allocation area, tax rate, college maintenance ...... H 562 177 - 306 SENATE INDEX

Bill Intro. Vote Number Page Page COLLEGES AND UNIVERSITIES (Continued) Scholarships, dependents of disabled soldiers or police...... H 386 149 226 State Community College Act, disbursements...... H 385 72 123 State college employee, sick leave transfer ...... H 556 143 210 Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 University of Idaho, appropriation, agricultural research/extension...... H 601 160 180 COMMERCE Department, Director is Secretary, international trade ...... S 1407 220 229 Department, appropriation...... S 1409 234 257 IGEM Council, grants, university research...... H 546 137 167 Mobility Council created, transportation planning ...... S 1310 83 113 Travel/Convention Industry Council, member terms...... H 613 208 245 U.S. - Canada joint action plans, support ...... HJM 13 225 251 COMMERCIAL TRANSACTIONS Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 COMMISSION FOR THE BLIND & VISUALLY IMPAIRED Gibson, Michael D.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 91 Confirmed by Senate...... 97 Schneider, Allan R.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 250 Confirmed by Senate...... 256 COMMISSION ON PARDONS AND PAROLE Scheihing, Gary: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 26) ...... 41 Committee Report...... 207 Confirmed by Senate...... 215 COMMISSIONS Aging, appropriation...... S 1375 160 179 Barley Commission, tax ceiling, removal of commissioner...... S 1304 78 154 Blind/Visually Impaired Commission, appropriation ...... S 1388 192 216 Disabled state retiree, commission service allowance...... H 598 154 213 Economic Estimates Commission, excess revenues, tax reduction...... H 559 225 - Fair Election Practices Commission created...... S 1247 28 - Grape Growers Commission, promote grape products...... H 412 59 123 Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - Hispanic Affairs Commission, appropriation...... S 1354 137 162 Honey quality standards, regulation...... H 513 137 211 Oil & Gas Commission duties, records, penalties ...... H 463 100 179 Oil/Gas Commission, penalties accrual date, knowing violations...... H 526 100 179 PUC/Tax/Industrial commissioner salary increases ...... H 645 198 238 Soil and Water Conservation Commission, appropriation...... H 669 235 261 Tax Commission, certain administrative rules rejected ...... HCR 33 111 131 Wheat Commission, removal of commissioner ...... S 1218 14 - Wheat Commission, removal of commissioner ...... S 1259 37 92 COMMITTEES Federal health care reform oversight committee...... H 555 137 - Grant Evaluation Commission, Outdoor Recreation, repeal...... S 1270 45 72 Nursing Board, advisory committee membership...... S 1273 52 112 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 Wind energy, Energy legislative study committee...... SCR 127 157 - COMMITTEES, SENATE See also SENATE INDEX, STANDING COMMITTEE ASSIGNMENTS See also ETHICS COMMITTEE Special Committees Lincoln Day Service, Senators Vick and Nuxoll, Co-chairmen...... 82 SENATE INDEX 307

Bill Intro. Vote Number Page Page COMMITTEES, SENATE (Continued) Memorial Service, Senators Heider and Schmidt, Co-chairmen...... 106 COMMITTEES, STANDING, ASSIGNMENTS, REVISIONS Standing Committee Assignments...... 291 Standing Committee Assignments, Revised ...... 291 Senator Corder, Standing Committee Assignment Revised ...... 22 Senator Darrington, Standing Committee Assignment Revised...... 154 Senator Johnson, Standing Committee Assignments...... 22 Senator Rice, Standing Committee Assignments...... 154 Senator Siddoway, Standing Committee Assignment Revised...... 22 COMMODITIES Agriculture value-added processing facility tax credit ...... H 606 241 - Barley Commission, tax ceiling, removal of commissioner...... S 1304 78 154 Honey quality standards, regulation...... H 513 137 211 Idaho grape products, promotion of ...... H 412 59 123 COMMUNICATIONS See TELECOMMUNICATIONS COMPACTS See MULTISTATE COMPACTS AND AGREEMENTS COMPUTERS See ELECTRONIC TECHNOLOGY CONCURRENCE, IN SENATE BILLS AMENDED IN THE HOUSE S 1243, As Amended in the House, As Amended in the House...... 226 S 1269, As Amended in the House...... 226 S 1274, As Amended in the House...... 233 S 1256, As Amended in the House...... 251 S 1303, As Amended in the House...... 272 CONDEMNATION See EMINENT DOMAIN CONFLICT OF INTEREST See also VOTING, CONFLICT, DISCLOSURE Pursuant to Senate Rule 39(H) H 361, Senator Corder...... 52 S 1225, Senator Fulcher, Bilyeu...... 56 S 1227, Senator Fulcher ...... 60 S 1228, Senator Fulcher ...... 60 S 1226, Senator Goedde ...... 65 SCR 117, Senator Siddoway...... 105 S 1283, Senator Siddoway...... 116 S 1283, Senator Brackett...... 117 S 1312, Senator Keough...... 121 H 418, Senator McKenzie...... 123 S 1305, Senator Siddoway...... 140 S 1344, Senator Broadsword...... 151 S 1331, Senator Cameron...... 152 H 465, Senator Mortimer ...... 167 H 492, Senator Cameron...... 167 S 1271, Senators Brackett, Siddoway ...... 178 H 602, Senator Mortimer ...... 180 S 1360, Senator Winder...... 193 H 464 Senator Pearce...... 199 H 512, Senator Siddoway...... 210 H 523, Senator Cameron...... 222 H 519, Senators Heider, Mortimer, Winder and Fulcher...... 230 H 632, Senator Darrington ...... 238 S 1395, Senator Goedde ...... 238 H 518, Senator Smyser...... 243 H 494, Senator Keough...... 243 H 539, Senator Lodge ...... 244 308 SENATE INDEX

Bill Intro. Vote Number Page Page CONFLICT OF INTEREST (Continued) HJM 13, Senator Tippets ...... 251 H 583, Senator Winder...... 252 H 651, Senator Lodge ...... 258 H 660, Senator Lodge ...... 277 CONFLICTS OF INTEREST See ETHICS CONSERVATION Federal land/species management, state role ...... SJM 105 146 159 Office of Species Conservation, appropriation ...... S 1382 166194 Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 Soil and Water Conservation Commission, appropriation...... H 669 235 261 CONSERVATORS See GUARDIANS AND CONSERVATORS CONSTITUTIONAL AMENDMENTS Correction Board, control over felony probation/parole...... SJR 102 11 33 Hunt/fish/trap, constitutional right...... SJR 103 34 - Hunt/fish/trap, constitutional right...... SJR 104 47 - Hunt/fish/trap, constitutional right...... SJR 105 94 - Hunt/fish/trap, constitutional right...... SJR 106 104 131 Hunt/fish/trap, constitutional right...... HJR 2 248 265 U.S. constitutional convention, enumerated topics...... SCR 126 146 - U.S. constitutional convention, limit consideration ...... S 1362 148/189 206 CONSTRUCTION Business inventory tax deduction, site improvements...... H 519 126 230 Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Energy efficient upgrades to homes, tax deduction ...... H 485 149258 Guyed tower safety standards, air flight hazards ...... H 511 149/189 210 Manufactured home installation, tags and permits ...... H 468 120 155 Operating fee exemption, certain equipment ...... S 1312 83 121 Public works bid documents, when public record ...... S 1372 159 236 Public works contractor, class "CC" license ...... H 465 143 167 CONSUMERS Attorney General, mortgage settlement agreement funds...... H 703 279 280 CONTRACTORS Electrician license exemption for certain systems ...... H 520 150 - HVAC contractor definition, fuel-burning appliances...... H 467 120 155 Public works bid documents, when public record ...... S 1372 159 236 Public works contractor, class "CC" license ...... H 465 143 167 State contractors, political contributions restricted...... S 1244 28 - CONTRACTS Certificate of insurance, form and contents ...... S 1390 192/228 236 Contract limiting litigation, against public policy ...... H 639 235 271 Public land grazing management plan, proposal ...... S 1271 49 178 Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 CONTRIBUTIONS Endowment funds, gift instrument directions ...... S 1314 84 114 Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Idaho Fair Elections Act, alternative campaign finance ...... S 1247 28 - Special needs recreation, donations, tax credit ...... S 1216 12 - Special needs recreation, donations, tax credit ...... H 437 72 - State contractors, political contributions restricted...... S 1244 28 - Sun Valley Adaptive Sports, tax credit ...... H 488 149 - Unclaimed property, certain donations authorized...... S 1363 148 173 CONTROLLED SUBSTANCES Drug charges, no venereal disease tests ...... S 1264 42 - Office of Drug Policy, appropriation...... H 686 251267 Pharmacy Board prescriptions database, human use ...... H 569 166 230 Prescriber-patient relationship requirement, exceptions ...... H 503 137 222 SENATE INDEX 309

Bill Intro. Vote Number Page Page CONTROLLED SUBSTANCES (Continued) Prescription tracking program, practitioner duties...... S 1241 27 - Prescriptions database, access to/use of data ...... H 439 149/220 237 Pseudoephedrine, electronic sales tracking system...... S 1309 83 137 Schedules I, III, IV & V, amendments...... H 502 149 229 CONTROLLER, STATE Appropriation...... S 1393 198 236 Budget Stabilization Fund, unencumbered moneys...... H 594 219 - Executive official/legislator, period before lobbying ...... S 1235 26 - CORKILL, BRAD Appointment, Member: Public Charter School Commission Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 CORONERS Unclaimed bodies, cremation authorized after 14 days...... H 551 215 253 CORPORATIONS Capital investment tax credit, situs, qualifications...... H 438 72 131 Disabled veterans, certify for free hunting tags...... H 461 131 195 Income tax rate reduction, individuals and corporations...... H 563 154 281 New employee tax credit, requirements...... H 661 219 264 Pass-through entities, composite tax return ...... H 582 172 227 Successor Corporation Asbestos-Related Liability Act...... H 376 120 227 Taxable income, corporate passive losses...... H 363 42 66 Unemployment benefits, exemption, corporate officers...... H 523 167222 Unemployment compensation, family of corporate officer ...... S 1240 27 - CORRECTIONS Bail bond premium collected before defendant released...... S 1325 89 - Contraband to and from prisoners, penalties ...... S 1215 12/100 111 Correction Board, control over felony probation/parole...... SJR 102 11 33 Death penalty, no criminal/civil liability...... S 1292 71 112 Death warrant after stay of execution, procedure...... S 1266 42 88 Defendants, mental health/substance abuse assessments...... H 648 219 253 Department, appropriation...... H 678 235 263 Disease testing of incarcerated persons...... S 1370 149 194 Probation, court-ordered tests, payment for...... S 1340 111 151 State victim notification fund, court fee...... H 595 167 209 CORRECTIONS, TYPOGRAPHICAL S 1237, Senator Davis, unamimous consent: Typographical correction to statement of purpose (January 30, 2012) ...... 49 S 1321, as amended, Senator Winder, unanimous consent: Typographical correction to printed bill (March 8, 2012) ...... 178 CORRELL, CHARLES H. Appointment, Member: Park and Recreation Board Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 COUNCILS IGEM Council, grants, university research...... H 546 137 167 Mobility Council created, transportation planning ...... S 1310 83 113 Public Transportation Advisory Council repealed ...... S 1310 83 113 State Independent Living Council, appropriation ...... S 1376 160 193 Statewide communications executive council, duties...... H 368 97 242 Travel/Convention Industry Council member terms...... H 613 208 245 COUNSELING AND COUNSELORS Clinical professional counselors, licensure, disclosure...... H 501 126 169 COUNTIES Abandoned/unclaimed property, redemption period ...... H 591 172 245 Accident response costs, fee restrictions...... H 647 219 - Aviation fields, bond election language removed ...... S 1330 97194 310 SENATE INDEX

Bill Intro. Vote Number Page Page COUNTIES (Continued) Community Forest Trust pilot program urged ...... SJM 103 85 126 Community guardian board member, term limit removed ...... H 484 126 162 Dangerous dogs, attacks, control, penalties ...... S 1302 78 117 Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Foreign judgments, court filing, county of residence ...... S 1230 22 - Highway, status determination, exhaust procedure...... S 1355 137 - Indigent health care cost management, payments...... H 441 115 168 Medicaid rates, mental health facility charges...... H 487 185 238 Mobility Council created, transportation planning ...... S 1310 83 113 Property tax exemptions, application, appeals process...... H 356 35 56 Public works bid documents, when public record ...... S 1372 159 236 Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Recall elections, financial reporting requirements ...... H 490 115 222 Revenue allocation area, tax rate, college maintenance ...... H 562 177 - Speed limit alteration, Transportation Board approval...... H 619 215 252 State lien, where filed, when lapsed...... H 549 167 226 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Traffic safety education program, fees, use...... S 1275 58151 COURTS Attorney fee award, civil actions, government agencies ...... S 1332 100 151 Atty fees, civil actions of $35,000 or under ...... S 1324 89 131 Bail bond premium collected before defendant released...... S 1325 89 - Child custody modification, deployed parent...... S 1380 166/209 226 Contract limiting litigation, against public policy ...... H 639 235 271 DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Death warrant after execution, return to district court...... S 1265 42 88 Death warrant after stay of execution, procedure...... S 1266 42 88 Defendants, mental health/substance abuse assessments...... H 648 219 253 Divorce, parenting coordinator, retainer requirement...... H 455 97 140 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Foreign judgments, court filing, county of residence ...... S 1230 22 - Guardianship, termination, modification, removal...... S 1233 2361 Irrigation district directors' decision, appeal process...... S 1289 68 127 Judges retirement system revised...... H 660 269 277 Judges, updated terminology for ...... S 1222 17 61 Judges/justices, salary increase...... H 651 219 258 Juvenile offenders, detention center, custody ...... S 1219 16 61 Legislative Legal Defense Fund created ...... H 695 263 269 Peace officer training, court fee increased to $15...... H 448 115223 Probation time calculation, problem-solving program...... H 475 97 140 Probation, court-ordered tests, payment for...... S 1340 111 151 Redistricting plan court challenges, when and how ...... S 1385 177 - Service by publication, supporting affidavit ...... S 1253 3568 Special proceedings, witness and juror payments...... S 1213 12 61 State land mineral violations, legal interest rate...... H 372 100 265 State victim notification fund, fee, purpose ...... S 1263 4297 Statutory rape, sex offender registration exception ...... S 1341 111 161 Supreme Court, appropriation ...... H 685 251 267 Supreme Court, appropriation, judges' retirement ...... H 701 279 279 U.S. District Judge, request addition to Idaho ...... HJM 4 52 105 COURTS, JUDICIARY State of the Judiciary Message...... 39 CRAPO, MIKE United States Senator, visitor to Senate, February 22, 2012 ...... 117 CREDIT AND CREDITORS See DEBTORS AND CREDITORS SENATE INDEX 311

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CRIMINAL OFFENSES & PROCEDURES Animal cruelty, cockfighting, repeat offenders, felony ...... S 1303 78/272 121/277 Animal torture, cockfighting, repeat violations...... H 650 208 - Bail bond premium collected before defendant released...... S 1325 89 - Cell phone use while driving, infraction...... S 1251 29 - Certified medication assistant background checks...... S 1262 38112 Child enticement, Internet/electronic communications...... S 1338 111 161 Child rape, fail to report, prosecution ...... S 1254 35 - Contraband to and from prisoners, penalties ...... S 1215 12/100 111 DNA testing of prisoners, lab standards, costs ...... H 497 115/186 209 DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Dangerous dogs, attacks, control, penalties ...... S 1302 78 117 Death penalty, no criminal/civil liability...... S 1292 71 112 Death warrant after stay of execution, procedure...... S 1266 42 88 Disturbing the peace, emotional distress...... H 514 143 228 Drug charges, no venereal disease tests ...... S 1264 42 - Federal food stamps misuse over $100 is a felony...... S 1293 71 161 Guyed tower safety standards, air flight hazards ...... H 511 149/189 210 Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 Juror and witness fees in special proceedings ...... S 1213 12 61 Juvenile offenders, detention center, custody ...... S 1219 16 61 Murder 1st degree, firing at occupied homes/vehicles ...... S 1221 17 - Prescriptions database, access to/use of data ...... H 439 149/220 237 Probation, court-ordered tests, payment for...... S 1340 111 151 Sexual exploitation of a child, technology...... S 1337 110/163 169 State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 Statutory rape, sex offender registration exception ...... S 1341 111 161 Student bullying, education, prevention, reporting...... S 1220 17 - Tanning beds, restrict use by children under 16 ...... H 486 235 - Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 CROPS See AGRICULTURE

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DAYS See HOLIDAYS AND DAYS DEATH Death penalty, no criminal/civil liability...... S 1292 71 112 Death warrant after execution, return to district court...... S 1265 42 88 Homestead exemption, continuance after death...... H 584 208 253 Idaho servicemen lost in battle, honor ...... SCR 133 202 215 Living wills, requirements revised ...... S 1294 71/139 150 Medical treatment, withdrawal of care, when...... S 1348 136/200 221 Unclaimed bodies, cremation authorized after 14 days...... H 551 215 253 Warrant after stay of execution, procedure ...... S 1266 42 88 DEBTORS AND CREDITORS Foreign judgments, court filing, county of residence ...... S 1230 22 - Garnishment/execution, service by attorney, fees...... S 1411 241 - Levy election, official statement, required information...... H 576 177 243 State land mineral violations, legal interest rate...... H 372 100 265 Tax deficiency notices, delivery methods ...... H 362 3552 Tax lien, purchase money security interest ...... S 1315 84 - Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 312 SENATE INDEX

Bill Intro. Vote Number Page Page DELORENZO, JULIE D. Appointment, Member: Idaho Transportation Board Appointed by Governor/to Transportation (Mar. 13)...... 191 Committee Report...... 228 Confirmed by Senate...... 233 DENTURISTS See PROFESSIONS DIRECTOR OF THE DEPARTMENT OF COMMERCE Sayer, Jeffery: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Feb. 6) ...... 67 Committee Report...... 101 Confirmed by Senate...... 110 DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY Fransen, Curt: Appointment, Member Appointed by Governor/to Health and Welfare (Mar. 6)...... 166 Committee Report...... 207 Confirmed by Senate...... 215 DIRECTOR OF THE DEPARTMENT OF LANDS Schultz, Tom: Appointment, Member Appointed by Governor/to Resources and Environment (Feb. 3) ...... 64 Committee Report...... 105 Confirmed by Senate...... 110 DISABLED Disabled hunter companion, tag exemption, rules...... H 525 131 195 Disabled state retiree, commission service allowance...... H 598 154 213 Free hunting tags for veterans, qualifications ...... H 461 131 195 Mobility Council created, transportation planning ...... S 1310 83 113 Peace officer temporary disability fund, injury cause...... H 570 167229 Public assistance services, developmental, mental ...... H 609 182 230 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 Special needs recreation, donations, tax credit ...... S 1216 12 - Special needs recreation, donations, tax credit ...... H 437 72 - State Independent Living Council, appropriation ...... S 1376 160 193 Sun Valley Adaptive Sports, tax credit ...... H 488 149 - DISASTERS Canal maintenance, when owners are not liable...... H 398 120 - Canal maintenance, when owners are not liable...... S 1383 172/233 246 DISCLOSURE, CONFLICTS OF INTEREST See CONFLICT OF INTEREST DISEASES Alzheimer's Disease, support planning group's work ...... SCR 110 19 - Alzheimer's Disease, support planning group's work ...... SCR 112 43 105 Chronic renal disease, terminate financial assistance ...... S 1326 89 154 Disease testing of incarcerated persons...... S 1370 149 194 Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 Successor Corporation Asbestos-Related Liability Act...... H 376 120 227 Venereal, includes hepatitis C virus and chlamydia ...... S 1264 42 - DISTRICTS Accident response costs, fee restrictions...... H 647 219 - Aviation fields, bond election language removed ...... S 1330 97194 Community Infrastructure District Act, amend ...... H 593 172 238 Drainage, reapportionment of lands benefited ...... S 1290 68 127 Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Floodplain zoning, excludes canal changes ...... S 1288 68 - Highway, surplus property sale, public or private ...... S 1356 137/163 169 Investments by hospital districts or county hospitals ...... S 1316 84 121 Irrigation, directors' decision, appeal process ...... S 1289 68 127 Irrigation, elections, absentee ballots, procedure ...... S 1320 87 - Irrigation, transfer of lands between two districts ...... H 401 120 213 SENATE INDEX 313

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DISTRICTS (Continued) Irrigation, unopposed director election, board declaration ...... H 397 120 212 Land application of effluent, government-required...... H 608 182 244 Levy election, official statement, required information...... H 576 177 243 Library District trustees, recall procedure...... S 1323 88/139 150 Mosquito/cemetery district employee, not PERSI ...... H 607 185 237 Public health districts, appropriation...... S 1351 136 162 Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Taxing district indebtedness, required bond information...... H 452 126 243 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Taxing district, taxable property values, notification...... H 358 35/76 122 Urban renewal agency, delete certain powers...... H 506 115 - Urban renewal plan, modifications, project specificity...... H 507 149 - DIVORCE See DOMESTIC RELATIONS DNA See SCIENCE AND TECHNOLOGY DOCTORS See PHYSICIANS AND SURGEONS DOGS See ANIMALS DOMESTIC RELATIONS Child custody modification, deployed parent...... S 1300 78 - Child custody modification, deployed parent...... S 1380 166/209 226 Divorce, parenting coordinator, retainer requirement...... H 455 97 140 DRINKS See BEVERAGES DRIVERS Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Cell phone use while driving, infraction...... S 1251 29 - DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 Idaho driver and identification cards, expiration ...... H 473 97128 Texting violations, enhanced infraction penalty ...... S 1311 83 - Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 Traffic safety education program, fees, use...... S 1275 58151 Truck speed limit, same as for cars...... S 1229 22 -

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EASEMENTS Access easement, type of use, denial, taking...... H 583 182 252 ECONOMIC CONDITIONS Economic Estimates Commission, excess revenues, tax reduction...... H 559 225 - ECONOMIC DEVELOPMENT IGEM Council, grants, university research...... H 546 137 167 New employee tax credit, requirements...... H 661 219 264 U.S. - Canada joint action plans, support ...... HJM 13 225 251 EDUCATION 8 in 6 program, accelerated student program...... H 426 84/199 221 Arts learning in schools, support...... HCR 39 150 184 Bd/Univ. of Idaho, appropriation, colleges & universities ...... H 659 219 248 Board, appropriation, Office of ...... S 1398 204 237 Board, appropriation, Professional-Technical Education Division...... H 600 160 179 Board, appropriation, Public Broadcasting System ...... S 1381 166 194 Board, appropriation, Vocational Rehabilitation Division...... S 1267 45 60 314 SENATE INDEX

Bill Intro. Vote Number Page Page EDUCATION (Continued) Board, appropriation, Vocational Rehabilitation Division...... S 1377 160 193 Board, appropriation, Vocational Rehabilitation Division...... S 1415 256 270 Board, appropriation, community colleges ...... S 1397 204 237 Board, curriculum/online course and fee approval ...... H 604 172 227 Board, student transportation support, delete audit...... H 498 120 156 Charter school founder designation, first 180 days...... S 1269 45/226 68 Charter school laws amended...... H 590 167 227 Charter schools, maximum number, cap removed...... H 481 137 210 Classroom technology funding, online course webpage...... H 626 193 237 College residency status, military members, dependents ...... H 384 65 88 Department, delete requirement for curriculum library...... H 521 126 168 Dept/Sup't of Public Instruction, appropriation ...... S 1403 215 248 Education Bd/Univ. of Idaho, appropriation, special programs ...... H 684 251 267 Education Bd/University of Idaho, health education, appropriation ...... H 696 263 270 Education employee liability insurance, associations...... H 694 263 - Educational support program, appropriation...... S 1410 235 257 Educational support program, funding calculations...... H 603 193 237 Educator qualifications, interstate agreement...... H 394 75131 Endowment funds, gift instrument directions ...... S 1314 84 114 Extracurricular activities, school accreditation ...... S 1301 78 112 Hunter education program, military exempt ...... H 496 172 - IGEM Council, grants, university research...... H 546 137 167 Idaho Digital Learning Academy, recognize efforts...... SCR 124 134 173 Idaho Education Association, 120 years of service ...... HCR 48 167 184 Military training, credit towards college/licensure ...... S 1299 77 127 No Child Left Behind Act, repeal federal law...... HJM 8 143 182 Occupational therapist continuing education credits ...... H 500 126 168 On-line course definition amended...... S 1237 2749 Opportunity scholarship acct, maximum costs ...... H 383 72 123 Pay-for-Performance payments, PERSI contributions...... S 1329 90 121 Professional studies acct, no state appropriations...... H 382 65 122 Proprietary school disclosures to students required...... S 1234 26 - Rangeland Center Act, Univ. of Idaho, research/educate ...... S 1291 71 113 Real estate, continuing education, course standards...... S 1227 22 60 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 School building maintenance match money, other use...... H 672 256 268 School building maintenance plan, reports, when ...... H 499 126 168 School district employee grievance procedures...... S 1297 75 - School district salary-based apportionments, adjustment ...... S 1331 99 152 School district total taxable valuation, notification...... H 358 35/76 122 School facilities cooperative program, add'l. funds...... H 633 193 238 School graduation requirements, online courses...... S 1328 90 121 School services, out of state designation, funding...... H 588 167 - State Community College Acct, disbursements...... H 385 72 123 State college employee, sick leave transfer ...... H 556 143 210 Student bullying, education, prevention, reporting...... S 1220 17 - Student harassment/cyberbullying, school policy...... S 1358 142/186 209 Teacher conduct investigations, records release ...... H 564 149/233 245 Teacher contracts and benefits, amendments ...... S 1327 89 121 Teacher employment termination, unused sick leave ...... S 1308 83 114 Teacher evaluations, factors, parental input, tests...... S 1224 18 38 Teacher evaluations, student growth, parent input...... S 1217 12 - Teacher expenses, deduction from taxable income...... H 517 120 162 Teacher funding, future years...... H 698 278 282 Teacher leadership awards, disqualification removed...... H 534 126 168 Traffic safety education program, fees, use...... S 1275 58151 Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 SENATE INDEX 315

Bill Intro. Vote Number Page Page EDUCATION (Continued) Youth athletes, concussion guidelines, requirements...... H 632 192 238 Youth challenge program, alternative school status...... H 662 272 281 ELDERLY See SENIOR CITIZENS ELECTION, ATTACHES See ATTACHES, ELECTION OF; INDEX SECTION II ELECTION, CERTIFICATE OF See also ACTING SENATORS; APPOINTED SENATORS; SUBSTITUTE SENATORS Senator: Patrick Malloy, effective January 23, 2012, replacing Senator McKague...... 30 ELECTION, SENATE OFFICERS Jennifer Novak, Secretary of the Senate ...... 2 ELECTIONS Aviation fields, bond election language removed ...... S 1330 97194 Election laws, miscellaneous amendments ...... H 572 172 245 Idaho Fair Elections Act, alternative campaign finance ...... S 1247 28 - Irrigation district director, unopposed election, meeting ...... H 397 120 212 Irrigation district elections, absentee ballots, procedure...... S 1320 87 - Levy election, official statement, required information...... H 576 177 243 Library District trustees, recall procedure...... S 1323 88/139 150 Presidential primary election, repeal ...... H 391 84 124 Primary election ballots, contents, ticket ...... S 1371 154 161 Public elective offices, vacancy declaration, absence...... H 553 167 243 Recall elections, financial reporting requirements ...... H 490 115 222 Taxing district indebtedness, required bond information...... H 452 126 243 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Voting machines, certification by Secretary of State ...... H 491 149227 ELECTRICITY AND ELECTRICIANS Building Safety Division Electrical Code rules rejected ...... HCR 31 72 - Building Safety Division Electrical Code rule rejected...... SCR 118 80 92 Idaho Electrical Board, elect vice-chairman ...... H 408 97 128 Idaho Energy Plan approved, future updates ...... HCR 34 143 166 License exemption for certain systems ...... H 520 150 - Power facility, environmental credits, ownership, uses...... S 1364 149 - Wind energy, Energy Legislative Study Committee...... SCR 127 157 - ELECTRONIC TECHNOLOGY Car insurance proof, electronic format...... S 1319 87 137 Cell phone use while driving, infraction...... S 1251 29 - Child enticement, Internet/electronic communications...... S 1338 111 161 Classroom technology funding, online course webpage...... H 626 193 237 Commercial feed, registration/labels/website statements ...... S 1236 26 92 Contraband to and from prisoners, penalties ...... S 1215 12/100 111 Electrician license exemption for certain systems ...... H 520 150 - On-line course definition amended...... S 1237 2749 Pharmacy Board prescriptions database, human use ...... H 569 166 230 Portable electronics insurance, sales, licensure...... H 649 219 264 Prescription tracking program, practitioner duties...... S 1241 27 - Prescriptions database, access to/use of data ...... H 439 149/220 237 Pseudoephedrine, electronic sales tracking system...... S 1309 83 137 Race licensee violations, anticompetitive practices ...... H 536 137 243 School graduation requirements, online courses...... S 1328 90 121 State agency reports, minimize paper copies...... H 515 208 252 Tax Commission, electronic payment processor authorized...... H 360 35 52 Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 Vehicle online insurance verification system ...... H 540 150 195 Video service, franchise authority, regulations ...... H 539 143 244 ELEVATORS AND ESCALATORS Elevator safety, modernization alteration exemption...... H 469 97 132 316 SENATE INDEX

Bill Intro. Vote Number Page Page ELK (DOMESTIC CERVIDAE) See ANIMALS EMERGENCIES Accident response costs, fee restrictions...... H 647 219 - Emergency medical volunteers, recruit and retain...... SCR 131 183 208 Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - State Medal of Honor, when awarded...... H 577 167 258 Statewide communications executive council, duties...... H 368 97 242 EMERGENCY FUND, LETTER FROM GOVERNOR January 9, 2012...... 9 EMERGENCY MEDICAL TECHNICIANS See EMERGENCIES EMINENT DOMAIN City irrigation system extension, no eminent domain ...... S 1379 160 - EMPLOYERS AND EMPLOYEES See also LABOR Building Safety Division, nonclassified directors/managers ...... H 407 97128 Education employee liability insurance, associations...... H 694 263 - Health savings account, state employees, rules ...... H 573 185 - New employee tax credit, requirements...... H 661 219 264 New hire report violations, Labor Department penalty ...... S 1369 149 194 New hire report, failure to make, civil penalty...... S 1306 82 - Nursing Board, nursing workforce evaluation ...... S 1261 38 112 PERSI definitions, salary excludes travel reimbursement ...... H 418 84123 PERSI employee excludes cemetery/mosquito district...... H 607 185 237 Public officials, subsequent employment, restrictions ...... S 1245 28 - Public sector, no collective bargaining or strikes ...... S 1242 27 - Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Retired teachers, re-employment, PERSI contributions ...... H 579 154 217 School district employee grievance procedures...... S 1297 75 - Senate Rule 7, Senate employees at will of Pro Tem...... SR 106 273 280 Senate employees Jeannine Wood & Rusti Horton, honor...... SR 103 24 36 State college employee, sick leave transfer ...... H 556 143 210 State employee compensation, 2% change ...... HCR 40 167 - Teacher contracts and benefits, amendments ...... S 1327 89 121 Teacher employment termination, unused sick leave ...... S 1308 83 114 Unemployment benefits, exemption, corporate officers...... H 523 167222 Unemployment compensation, family of corporate officer ...... S 1240 27 - EMPLOYMENT SECURITY LAW Unemployment benefits, exemption, corporate officers...... H 523 167222 Unemployment compensation, family of corporate officer ...... S 1240 27 - ENDOWMENT FUNDS AND LANDS Endowment Fund Investment Board, appropriation ...... S 1360 143 193 Endowment funds, gift instrument directions ...... S 1314 84 114 Improvements on public lands, lease/sale...... H 495 167 - State land leases, auction, highest bidder...... H 477 278 - ENERGY Energy Resources Authority, officer surety bonds...... S 1335 105 170 Energy efficient upgrades to homes, tax deduction ...... H 485 149258 Idaho Energy Plan approved, future updates ...... HCR 34 143 166 Major energy facilities siting...... S 1250 29 - Office of Energy Resources, appropriation ...... S 1361 143173 Power facility, environmental credits, ownership, uses...... S 1364 149 - Wind energy, Energy Legislative Study Committee...... SCR 127 157 - ENGINEERS AND SURVEYORS Licensing/exam requirements, applicant qualifications ...... H 374 72 124 Professional land surveyor, substitute surveyor...... H 375 72 128 ENTERTAINMENT Historical horse race wagering authorized...... S 1374 160 - SENATE INDEX 317

Bill Intro. Vote Number Page Page ENVIRONMENT Department of Environmental Quality, appropriation...... S 1359 143 173 Energy efficient upgrades to homes, tax deduction ...... H 485 149258 Federal land/species management, state role ...... SJM 105 146 159 Land application of effluent, government-required...... H 608 182 244 Major energy facilities siting...... S 1250 29 - Oil and Gas Commission duties, records, penalties...... H 463 100 179 Oil/gas exploration/production, state regulation ...... H 464 105 199 Power facility, environmental credits, ownership, uses...... S 1364 149 - Public land grazing management plan, proposal ...... S 1271 49 178 Rangeland Center Act, Univ. of Idaho, research/educate ...... S 1291 71 113 Rathdrum Prairie, Comprehensive Aquifer Plan ...... H 396 126 212 Vehicle emissions program, waiver, recommendations ...... S 1334 105 - Vehicle emissions tests, waiver, legislature determines...... S 1231 22/138 150 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 Wind energy, Energy Legislative Study Committee...... SCR 127 157 - ESTATES Abandoned/unclaimed property, redemption period ...... H 591 172 245 Pass-through entities, composite tax return ...... H 582 172 227 Prudent Investor Act, apply to conservators ...... S 1232 23 61 ETHICS Beer brewers, retailer interest, when acceptable...... S 1322 88 - Beer brewers, retailer interest, when acceptable...... S 1344 120 151 Executive official/legislator, period before lobbying ...... S 1235 26 - Foreclosure notice, trustee's financial interest...... H 624 219 264 Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Idaho Fair Elections Act, alternative campaign finance ...... S 1247 28 - Public officers/candidates, financial disclosures ...... S 1238 27 - Public officials, subsequent employment, restrictions ...... S 1245 28 - Race licensee violations, anti-competitive practices...... H 536 137 243 Recall elections, financial reporting requirements ...... H 490 115 222 Senate Rule 39, voting, conflicts, disclosure ...... SR 105 273 280 Senate Rule 53, ethics complaint procedure revised ...... SR 107 274 280 State contractors, political contributions restricted...... S 1244 28 - Teacher conduct investigations, records release ...... H 564 149/233 245 ETHICS COMMITTEE, SENATE Pursuant to Senate Rule 53: Senator Monty Pearce Committee: Senator Mortimer, Chairman and Senators Hammond, Brackett, Werk, Bilyeu and Schmidt, Appointed March 16, 2012 ...... 218 Report of Findings Letter (March 23, 2012)...... 258 ETHNIC Basque Country, encourage peaceful future...... HJM 14 251 257 EVANS, SHANE LEE Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96

- F -

FARMS AND FARMING See AGRICULTURE FEDERAL LAWS AND RELATIONS Bridge safety program, GARVEE funds, reports...... S 1317 87/138 150 Community Forest Trust pilot program urged ...... SJM 103 85 126 Federal food stamps misuse over $100 is a felony...... S 1293 71 161 Federal health care reform oversight committee...... H 555 137 - Federal health insurance regulation, urge rejection ...... SJM 104 133 148 318 SENATE INDEX

Bill Intro. Vote Number Page Page FEDERAL LAWS AND RELATIONS (Continued) Federal land/species management, state role ...... SJM 105 146 159 Federal transit funding recipients, exceptions...... H 367 65 123 Income tax deadlines, observe federal holidays...... H 653 208 268 No Child Left Behind Act, repeal federal law...... HJM 8 143 182 Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - U.S. constitutional convention, enumerated topics...... SCR 126 146 - U.S. constitutional convention, limit consideration ...... S 1362 148/189 206 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 FEES Accident response costs, fee restrictions...... H 647 219 - Agency fee rules approved, exceptions...... SCR 128 157 177 Attorney fee award, civil actions, government agencies ...... S 1332 100 151 Atty fees, civil actions of $35,000 or under ...... S 1324 89 131 Divorce, parenting coordinator, retainer requirement...... H 455 97 140 Education Board rules, curriculum and fee approval ...... H 604 172 227 Garnishment/execution, service by attorney, fees...... S 1411 241 - Idaho state parks passport program, fees ...... H 446 92 140 Juror and witness fees in special proceedings ...... S 1213 12 61 Liquor licenses, Alcohol Beverage Control Fund...... H 450 111/189 205 Oil and Gas Commission, penalties accrual date, knowing violations ...... H 526 100 179 Operating fee exemption, certain equipment ...... S 1312 83 121 POST training facility/equipment use and fees...... H 532 120 223 Parking meters, inactive during legislative session ...... H 480 126 - Peace officer training, court fee increased to $15...... H 448 115223 Probation, court-ordered tests, payment for...... S 1340 111 151 Real estate, error/omissions insurance, maximum premium ...... S 1226 22 65 Real estate, license exam fee, $150...... S 1225 22 56 Senior attorney licensing fees, $70 ...... S 1214 12 92 State victim notification fund, court fee...... H 595 167 209 Traffic safety education program, fees, use...... S 1275 58151 Weighmaster fees, deposit to dedicated fund...... H 389 97 144 Well drilling/treating, temporary fee increase to $2500 ...... H 460 100 179 Wolf tag, included in hunting license...... H 458 219 260 FILM See ENTERTAINMENT FINANCE Department, appropriation...... H 602 160 180 Economic Estimates Commission, excess revenues, tax reduction...... H 559 225 - Financial Management Division, appropriation...... S 1402 215 242 Foreclosure notice, trustee's financial interest...... H 624 219 264 Investment fraud, diverting investor money ...... H 492 143 167 Prudent Investor Act, apply to conservators ...... S 1232 23 61 Public officers/candidates, financial disclosures ...... S 1238 27 - FINANCIAL INSTITUTIONS See BANKS AND FINANCIAL INSTITUTIONS FINES DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Labor Department penalty, new hire report, failure to make ...... S 1306 82 - State victim notification fund, fee, purpose ...... S 1263 4297 Texting violations, enhanced infraction penalty ...... S 1311 83 - FIRE AND FIREFIGHTERS Accident response costs, fee restrictions...... H 647 219 - Fire Suppression Deficiency Fund, appropriation...... H 395 4260 Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 State Medal of Honor, when awarded...... H 577 167 258 FIREARMS See WEAPONS SENATE INDEX 319

Bill Intro. Vote Number Page Page

FISH AND GAME Children with firearms, under age 10...... H 543 131 195 Department funds use, winter feeding program, depredation...... S 1321 88/163 177 Department, appropriation...... H 641 185 223 Disabled hunter companion, tag exemption, rules...... H 525 131 195 Fish and Game Commission licensing rule rejected...... SCR 121 118 130 Free hunting tags for veterans, qualifications ...... H 461 131 195 Governor's wildlife partnership special big game tags ...... S 1256 35/251 127/268 Hunt/fish/trap, constitutional right...... SJR 103 34 - Hunt/fish/trap, constitutional right...... SJR 104 47 - Hunt/fish/trap, constitutional right...... SJR 105 94 - Hunt/fish/trap, constitutional right...... SJR 106 104 131 Hunt/fish/trap, constitutional right...... HJR 2 248 265 Hunter education program, military exempt ...... H 496 172 - Hunting from motorized vehicles, prohibit restrictions...... H 542 215 260 Hunting license w/3 day fishing license...... H 459 131 195 Hunting tag, designations to qualified children ...... H 457 131/186 209 Hunting tags, incentive, landowners allowing access...... S 1282 59 - Landowner appreciation hunt tag, sale to others ...... S 1283 59 117 Traps for animals, check every 36 hours ...... S 1239 27 - Wolf control after livestock depredation, methods ...... S 1305 79 - Wolf tag, included in hunting license...... H 458 219 260 FISHER, JEAN M. Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 FLAG CEREMONY Presentation of State flag, January 9, 2012: Idaho State Police, Honor Guard...... 1 Pledge of Allegiance: Sarah Jane McDonald, Sergeant at Arms...... 1 National Anthem: Allie Hill ...... 1 Idaho State Song: Carlee, Brennen and Cameron Coulson, Heather Duke, Allie, Cameron and James Hill, Emily Perez, Camden and Egan Schafer, McKenzie Westergard, Sarah Williams ...... 1 Retrieve State Flag, Sine Die Sergeant at Arms, March 29, 2012...... 282 Presented to Senators Smsyer, LeFavour, Hammond, McKague, Bilyeu, Broadsword, Malepeai, Andreason and Darrington, March 29, 2012...... 282 FLAGS POW/MIA flag flying protocol, Veterans Services Division...... H 44392257 FLOOR CORRECTIONS, TYPOGRAPHICAL S 1237, Senator Davis, unanimous consent ...... 49 S 1321, as amended, Senator Winder, unanimous consent...... 178 FOOD Commercial feed, registration/labels/website statements ...... S 1236 26 92 Federal food stamps misuse over $100 is a felony...... S 1293 71 161 Grape Growers Commission, promote grape products...... H 412 59 123 Health and Welfare Department SNAP benefits, distribution period...... H 689 254 - Honey quality standards, regulation...... H 513 137 211 FORESTS AND FORESTRY Community Forest Trust pilot program urged ...... SJM 103 85 126 Forest land values for taxation purposes, calculation...... H 357 35 66 Operating fee exemption, certain equipment ...... S 1312 83 121 Scaling Practices Board member qualifications, terms...... H 494 143 243 320 SENATE INDEX

Bill Intro. Vote Number Page Page

FRANSEN, CURT Appointment, Member: Director of the Department of Environmental Quality Appointed by Governor/to Health and Welfare (Mar. 6)...... 166 Committee Report...... 207 Confirmed by Senate...... 215 FRAUD Federal food stamps misuse over $100 is a felony...... S 1293 71 161 Uniform Securities Act, fraud, diverting investor money ...... H 492 143 167 FUNDS Alcohol Beverage Control Fund, liquor license fees...... H 450 111/189 205 Budget Stabilization Fund, appropriation ...... H 702 279 279 Budget Stabilization Fund, unencumbered moneys...... H 594 219 - Catastrophic Health Care Fund, appropriation, intent ...... H 615 167 211 Constitutional Defense Council Fund, appropriation...... S 1413 251 268 DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Disaster Emergency Fund, appropriation...... H 702 279 279 Health Insurance Access Card funds, delete breakdown...... H 440 177 - IGEM Council, funds, university research...... H 546 137 167 Intermediate care facility fund, adjustment payments ...... H 631 215 257 Investments by hospital districts or county hospitals ...... S 1316 84 121 Legislative Legal Defense Fund created ...... H 695 263 269 Military Division Support Fund created ...... H 369 65 128 Oil/gas conservation fund, funds distribution ...... H 379 97 179 Peace officer temporary disability fund, injury cause...... H 570 167229 Public Education Stabilization Fund, appropriation ...... H 702 279 279 Public Health Trust Fund, appropriation...... S 1351 136 162 Rural Physician Incentive Fund created...... H 393 97 138 State Insurance Fund director compensation ...... S 1395 204 238 State lottery dividend transfers, when...... S 1285 65 126 State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 FUNERALS Unclaimed bodies, cremation authorized after 14 days...... H 551 215 253

- G -

GAMBLING Animal torture, cockfighting, repeat violations...... H 650 208 - Bingo/raffle revenue, authorized uses of proceeds ...... S 1286 65126 Historical horse race wagering authorized...... S 1374 160 - Public assistance benefit cards, prohibited uses...... H 522 149 226 Race licensee violations, anticompetitive practices ...... H 536 137 243 GARAY, PAULA K. Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 GARNISHMENT See also DEBTORS AND CREDITORS Garnishment/execution, service by attorney, fees...... S 1411 241 - GARRETT, J. MARSHALL Appointment, Member: Bingo-Raffle Advisory Board Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 SENATE INDEX 321

Bill Intro. Vote Number Page Page

GASOLINE Oil and Gas Commission duties, records, penalties...... H 463 100 179 Oil and Gas Commission, penalties accrual date, knowing violations ...... H 526 100 179 Oil/gas exploration/production, state regulation ...... H 464 105 199 Public Utility Commission, pipeline corporations ...... H 462 100 179 Well drilling/treating, temporary fee increase to $2500 ...... H 460 100 179 GIBSON, MICHAEL D. Appointment, Member: Commission for the Blind & Visually Impaired Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 91 Confirmed by Senate...... 97 GIFTS See CONTRIBUTIONS GOESLING, WILLIAM H. Appointment, Member: State Board of Education Appointed by Governor/to Education (Feb. 27) ...... 130 Committee Report...... 211 Confirmed by Senate...... 215 GOVERNMENT Access easement, type of use, denial, taking...... H 583 182 252 Attorney fee award, civil actions, government agencies ...... S 1332 100 151 Basque Country, peace, constitutional future...... HJM 14 251 257 Building Safety Division, nonclassified directors/managers ...... H 407 97128 Capitol mall property, jurisdiction, law enforcement ...... H 693 267 276 Company name, no false government affiliation ...... H 550 167 227 Disabled state retiree, commission service allowance...... H 598 154 213 Energy Resources Authority, officer surety bonds...... S 1335 105 170 Executive official/legislator, period before lobbying ...... S 1235 26 - Federal land/species management, state role ...... SJM 105 146 159 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Health savings account, state employees, rules ...... H 573 185 - Idaho Fair Elections Act, alternative campaign finance ...... S 1247 28 - Improvements on public lands, lease/sale...... H 495 167 - Land application of effluent, government-required...... H 608 182 244 Liquor Division laws, miscellaneous updates...... H 516 97 212 Negotiated rulemaking, feasibility, requirements...... S 1318 87 - Negotiated rulemaking, feasibility, requirements...... S 1366 149 194 Presidential primary election, repeal ...... H 391 84 124 PERSI definitions, salary excludes travel reimbursement ...... H 418 84123 PERSI employee excludes cemetery/mosquito district...... H 607 185 237 Public assistance benefit cards, prohibited uses...... H 522 149 226 Public elective offices, vacancy declaration, absence...... H 553 167 243 Public officers/candidates, financial disclosures ...... S 1238 27 - Public officials, subsequent employment, restrictions ...... S 1245 28 - Public sector, no collective bargaining or strikes ...... S 1242 27 - Public works bid documents, when public record ...... S 1372 159 236 Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Recall elections, financial reporting requirements ...... H 490 115 222 State agency reports, minimize paper copies...... H 515 208 252 State buildings, no camping, removal of belongings...... H 404 46/75 93 State college employee, sick leave transfer ...... H 556 143 210 State contractors, political contributions restricted...... S 1244 28 - State employee compensation, 2% change ...... HCR 40 167 - State government records management, Historical Society...... H 599 177 258 State land leases, auction, highest bidder...... H 477 278 - State property, POW flag flying protocol...... H 443 92257 U.S. - Canada joint action plans, support ...... HJM 13 225 251 322 SENATE INDEX

Bill Intro. Vote Number Page Page GOVERNMENT (Continued) Unclaimed property, certain donations authorized...... S 1363 148 173 Water Resources actions for violations, within 2 years...... H 400 120 213 GOVERNOR Appointments: See GUBERNATORIAL APPOINTMENTS Acting Senator/Senator Appointments: By Date of Appointment: Certificate and Letter of Appointment Senator Daniel Johnson (Effective December 20, 2011) ...... 2 Certificate and Letter of Appointment Acting Senator: Patrick Malloy (Effective January 23, 2012)...... 30 Certificate and Letter of Appointment Senator Jim Rice (Effective March 1, 2012)...... 152 Emergency Fund, Letter from Governor...... 9 Governor's State of the State and Budget Address, Joint Session...... 3 Law without Signature: S 1321, aa ...... 283 Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Governor's state-of-the-state message, joint session...... HCR 29 2 2 Governor's wildlife partnership special big game tags ...... S 1256 35/251 127/268 Hazardous Substance Emergency Response Fund, appropriation ...... H 395 42 60 Mobility Council created, transportation planning ...... S 1310 83 113 Office of, appropriation ...... S 1367 149174 Office of, appropriation, Drug Policy Office ...... H 686 251267 Office of, appropriation, Energy Resources Office...... S 1361 143173 Office of, appropriation, Financial Management Division ...... S 1402 215242 Office of, appropriation, Human Resources Division...... H 618 167212 Office of, appropriation, Military Division ...... H 636 182222 Office of, appropriation, PERSI ...... H 617 167212 Office of, appropriation, Species Conservation Office ...... S 1382 166194 Office of, appropriation, State Liquor Division ...... S 1391 192216 Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 GRAHAM, ROBERT "BOB" Appointment, Member: Idaho Water Resource Board Appointed by Governor/to Resources and Environment (Jan. 23)...... 32 Committee Report...... 51 Confirmed by Senate...... 56 GUARDIANS AND CONSERVATORS Community guardian board member, term limit removed ...... H 484 126 162 Guardianship, termination, modification, removal...... S 1233 2361 Legal guardians, remove financial liability of ...... S 1279 5993 Prudent Investor Act, apply to conservators ...... S 1232 23 61 GUBERNATORIAL APPOINTMENTS Administrator of the Office on Aging Haws, Sam: Appointment, Administrator Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 Aeronautics Advisory Board Back, Colleen Marie: Appointment, Member Appointed by Governor/to Transportation (Jan. 26)...... 41 Committee Report...... 63 Confirmed by Senate...... 67 Bingo-Raffle Advisory Board Garrett, J. Marshall: Appointment, Member Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 SENATE INDEX 323

Bill Intro. Vote Number Page Page

Lively, Wendy: Appointment, Member Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 Board of Environmental Quality Boling, Kevin C.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 MacMillan, John Randolph: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 Purdy, Nick: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 Board of Tax Appeals Pike, Linda: Appointment, Member Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 Chair of the Idaho Transportation Board Whitehead, Jerry: Appointment, Chair Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 94 Confirmed by Senate...... 99 Commission for the Blind & Visually Impaired Gibson, Michael D.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 91 Confirmed by Senate...... 97 Schneider, Allan R.: Appointment, Member Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 250 Confirmed by Senate...... 256 Commission on Pardons and Parole Scheihing, Gary: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 26) ...... 41 Committee Report...... 207 Confirmed by Senate...... 215 Director of the Department of Commerce Sayer, Jeffery: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Feb. 6)...... 67 Committee Report...... 101 Confirmed by Senate...... 110 Director of the Department of Environmental Quality Fransen, Curt: Appointment, Director Appointed by Governor/to Health and Welfare (Mar. 6)...... 166 Committee Report...... 207 Confirmed by Senate...... 215 Director of the Department of Lands Schultz, Tom: Appointment, Director Appointed by Governor/to Resources and Environment (Feb. 3) ...... 64 Committee Report...... 105 Confirmed by Senate...... 110 324 SENATE INDEX

Bill Intro. Vote Number Page Page

Idaho Commission on Human Rights Johnson, Ruthie: Appointment, Member Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 Pak, Hyong K.: Appointment, Member Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 Idaho Energy Resources Authority Mooney, E. Robert (Bob): Appointment, Member Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 Idaho Fish and Game Commission Anderson, Kenneth T.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 Trevey, Fred: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 Kiebert, Susan M.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 17) ...... 16 Idaho Lottery Commission Berger, Gina Garchow: Appointment, Member Appointed by Governor/to State Affairs (Jan. 23)...... 31 Rehder, Jim: Appointment, Member Appointed by Governor/to State Affairs (Jan. 23)...... 31 Committee Report...... 119 Confirmed by Senate...... 125 Idaho Personnel Commission Black, Peter J.: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 Brassey, John Michael: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 Holubar, Mark: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 81 Confirmed by Senate...... 87 Idaho Transportation Board DeLorenzo, Julie D.: Appointment, Member Appointed by Governor/to Transportation (Mar. 13)...... 191 Committee Report...... 228 Confirmed by Senate...... 233 Horsch, Dwight: Appointment, Member Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 99 Confirmed by Senate...... 110 Kempton, Jim: Appointment, Member Appointed by Governor/to Transportation (Feb. 28) ...... 135 Committee Report...... 172 Confirmed by Senate...... 177 SENATE INDEX 325

Bill Intro. Vote Number Page Page Idaho Water Resource Board Graham, Robert "Bob": Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 32 Committee Report...... 51 Confirmed by Senate...... 56 Meulen, Peter D. Van Der: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 Raybould, Jeffery D.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 Northwest Power and Conservation Council Yost, Jim: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 20)...... 25 Committee Report...... 86 Confirmed by Senate...... 95 Outfitters and Guides Licensing Board Korell, Chris: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 20)...... 26 Committee Report...... 191 Confirmed by Senate...... 198 Park and Recreation Board Correll, Charles H.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 Hansen, Robert H.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 Public Charter School Commission Corkill, Brad: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 Quinn, Wanda Chillingworth: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 110 Wart, Esther Van: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 Public Employee Retirement System of Idaho Board Sullivan, J. Kirk: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 27) ...... 45 Committee Report...... 153 Confirmed by Senate...... 159 Sexual Offender Management Board Bedal, Dolly Ouita: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Betts, Jeffrey A.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 326 SENATE INDEX

Bill Intro. Vote Number Page Page

Burnham, Jon Michael: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Evans, Shane Lee: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Fisher, Jean M.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 Garay, Paula K.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 Huff, Charles "Chad" A.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 Johnston, Michael David: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 State Appellate Public Defender Thomas, Sara B.: Appointment, Public Defender Appointed by Governor/to Judiciary and Rules (Jan. 24) ...... 35 Committee Report...... 115 Confirmed by Senate...... 120 State Board of Education Goesling, William H.: Appointment, Member Appointed by Governor/to Education (Feb. 27)...... 130 Committee Report...... 211 Confirmed by Senate...... 215 Terrell, Milford: Appointment, Member Appointed by Governor/to Education (Mar. 8) ...... 176 Committee Report...... 224 Confirmed by Senate...... 232 State Building Authority Hammond, James C.: Appointment, Member Appointed by Governor/to State Affairs (Jan. 20)...... 26 Committee Report...... 135 Confirmed by Senate...... 142 State Soil and Water Conservation Commission Trebesch, Gerald "Jerry": Appointment, Member Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49 Wright, H. Norman: Appointment, Member Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49 State Tax Commission Jackson, Richard W.: Appointment, Member Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 GUNS See WEAPONS SENATE INDEX 327

Bill Intro. Vote Number Page Page

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HAMMOND, JAMES C. Appointment, Member: State Building Authority Appointed by Governor/to State Affairs (Jan. 20)...... 26 Committee Report...... 135 Confirmed by Senate...... 142 HANDICAPPED See DISABLED HANSEN, ROBERT H. Appointment, Member: Park and Recreation Board Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 HAWS, SAM Appointment, Member: Administrator of the Office on Aging Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 HAZARDOUS SUBSTANCES Commercial hazardous waste, road to rail funding ...... S 1313 83 113 Hazardous Substance Emergency Response Fund, appropriation ...... H 395 42 60 Pacific Radioactive Materials agreement, repeal ...... S 1270 4572 HAZEL, JOEL P. Appointment, Member: Idaho Judicial Council Appointed by Idaho State Bar/to Judiciary and Rules (Jan. 12) ...... 11 Committee Report...... 119 Confirmed by Senate...... 126 HEALTH Accident/sickness, interstate insurance sales ...... H 587 182 - Administration Department group insurance rule rejected...... SCR 119 80 95 Assistance, developmental disability, mental health...... H 609 182 230 Care, indigent persons, cost management, payments...... H 441 115 168 Catastrophic Health Care Fund, appropriation, intent ...... H 615 167 211 Catastrophic Health Care Program, appropriation, add'l...... H 574 131 155 Chronic renal disease, terminate financial assistance ...... S 1326 89 154 Disease testing of incarcerated persons...... S 1370 149 194 Drug charges, no venereal disease tests ...... S 1264 42 - Federal health care reform oversight committee...... H 555 137 - Federal health insurance regulation, urge rejection ...... SJM 104 133 148 Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 Health Insurance Access Card funds, delete breakdown...... H 440 177 - Health savings account, state employees, rules ...... H 573 185 - Living wills, requirements revised ...... S 1294 71/139 150 Massage therapy, licensure, regulation...... S 1295 71/186 206 Medical savings acct, increase maximum contribution ...... H 566 185 - Medical staff privileges, competitors not barred ...... H 541 149 217 Medical treatment, withdrawal of care, when...... S 1348 136/200 221 Nursing Board, nursing workforce evaluation ...... S 1261 38 112 Pre-abortion ultrasound required, documentation ...... S 1349 136 - Pre-abortion ultrasound required, documentation ...... S 1387 184 220 Private sector health insurance exchange encouraged ...... HCR 45 193 - Public health districts, appropriation...... S 1351 136 162 Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - Rural health care access, physician incentives...... H 393 97 138 Tanning beds, restrict use by children under 16 ...... H 486 235 - Teacher employment termination, unused sick leave ...... S 1308 83 114 328 SENATE INDEX

Bill Intro. Vote Number Page Page HEALTH AND WELFARE DEPARTMENT Appropriation change ...... H 658 219 244 Appropriation, child welfare...... S 1414 251 268 Appropriation, independent councils/indirect support/public ...... H 657 219 244 Appropriation, medicaid ...... H 682 241 260 Appropriation, mental health...... S 1405 219 247 Appropriation, welfare...... S 1404 219 246 Child adoption advertising, license number required ...... S 1276 59 - Defendants, mental health/substance abuse assessments...... H 648 219 253 Emergency medical volunteers, town hall meetings...... SCR 131 183 208 Federal health care reform oversight committee...... H 555 137 - Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - Health and Welfare Department Medicaid rule rejected...... SCR 129 158 177 Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Health and Welfare Department Residential Hab. Agencies rule rejected...... HCR 43 143 - Health and Welfare Department child protection records, when disclosed...... S 1255 35/100/138 150 Medicaid, certain rules rejected...... SCR 114 73 87 Mobility Council created, transportation planning ...... S 1310 83 113 Public assistance services, developmental, mental ...... H 609 182 230 SNAP benefits, distribution period...... H 689 254 - Tobacco /substance abuse programs, Millennium Fund ...... S 1408 225 257 HEATING AND COOLING HVAC contractor definition, fuel-burning appliances...... H 467 120 155 HIGHWAYS Access easement, type of use, denial, taking...... H 583 182 252 Bridge safety program, GARVEE funds, reports...... S 1317 87/138 150 Commercial hazardous waste, road to rail funding ...... S 1313 83 113 District surplus property sale, public or private...... S 1356 137/163 169 Federal transit funding recipients, exceptions...... H 367 65 123 Highway width exceptions, historic width...... H 628 235 - Highway, property access, Transportation Board standards ...... S 1347 136 - Highway, status determination, exhaust procedure...... S 1355 137 - Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 Speed limit alteration by local authorities, approval ...... H 619 215 252 Taxing district, taxable property values, notification...... H 358 35/76 122 Texting violations, enhanced infraction penalty ...... S 1311 83 - Truck speed limit, same as for cars...... S 1229 22 - HISTORICAL SOCIETY Idaho State Historical Society, appropriation...... H 644 185 223 Idaho State Historical Society, appropriation...... S 1416 256 270 State government records management services duties...... H 599 177 258 HISTORY Idaho Territory 150 years, plan commemoration ...... SCR 132 190 208 Idaho Territory Sesquicentennial, license plates...... H 472 137 169 Mildred Rinker Bailey, honor Idaho jazz pioneer...... HCR 49 225 251 HOLIDAYS AND DAYS Idaho Territory 150 years, plan commemoration ...... SCR 132 190 208 Income tax deadlines, observe federal holidays...... H 653 208 268 HOLUBAR, MARK Appointment, Member: Idaho Personnel Commission Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 81 Confirmed by Senate...... 87 HOMELAND SECURITY Civil air patrol established...... S 1386 184 254 U.S. - Canada joint action plans, support ...... HJM 13 225 251 HOMES AND HOUSING Energy efficient upgrades to homes, tax deduction ...... H 485 149258 Homeowner's exemption, increase, first $150,000...... S 1249 28 - Homestead exemption, continuance after death...... H 584 208 253 SENATE INDEX 329

Bill Intro. Vote Number Page Page HOMES AND HOUSING (Continued) Homestead exemption, owner away on temporary service ...... H 387 97 - Manufactured home installation, tags and permits ...... H 468 120 155 Murder 1st degree, firing at occupied homes/vehicles ...... S 1221 17 - Property tax exemptions, application, appeals process...... H 356 35 56 Residential care provisional permits, emergency vacancy ...... H 558 160 222 State veterans homes, parents of those killed in action...... H 371 72 - Veterans', resident's payments, payee, accounting ...... H 479 149 257 HONORS AND AWARDS Ariane Drake and Emily Kladar, exemplary volunteers...... SR 104 171 181 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Mildred Rinker Bailey, honor Idaho jazz pioneer...... HCR 49 225 251 Sgt. Chris Tschida, urge Medal of Honor ...... HJM 7 72 105 State Medal of Honor, when awarded...... H 577 167 258 Steve Appleton, Micron Corp, honor lifetime achievement...... HCR 36 126 181 Teacher leadership awards, disqualification removed...... H 534 126 168 HORSCH, DWIGHT Appointment, Member: Idaho Transportation Board Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 99 Confirmed by Senate...... 110 HORSE RACING See RACING HORTON, RUSTI Retired 2011; recognized for years of service in the Legislature...... 24 36 HOSPITALS Investments by hospital districts or county hospitals ...... S 1316 84 121 Medicaid rates, mental health facility charges...... H 487 185 238 Medical staff privileges, competitors not barred ...... H 541 149 217 Taxing district, taxable property values, notification...... H 358 35/76 122 HOUSE OF REPRESENTATIVES See also LEGISLATURE Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Legislative Legal Defense Fund created ...... H 695 263 269 HUFF, CHARLES "CHAD" A. Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 HUMAN RESOURCES DIVISION Division, appropriation ...... H 618 167 212 State college employee, sick leave transfer ...... H 556 143 210 HUNTING See FISH AND GAME

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IDAHO CODE See CODES IDAHO COMMISSION ON HUMAN RIGHTS Johnson, Ruthie: Appointment, Member Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 Pak, Hyong K.: Appointment, Member Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 330 SENATE INDEX

Bill Intro. Vote Number Page Page

IDAHO ENERGY RESOURCES AUTHORITY Mooney, E. Robert (Bob): Appointment, Member Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 IDAHO FISH AND GAME COMMISSION Anderson, Kenneth T.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 Trevey, Fred: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 IDAHO JUDICIAL COUNCIL Hazel, Joel P.: Appointment, Member Appointed by Idaho State Bar/to Judiciary and Rules (Jan. 12) ...... 11 Committee Report...... 119 Confirmed by Senate...... 126 Kiebert, Susan M.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 17) ...... 16 IDAHO LOTTERY COMMISSION Berger, Gina Garchow: Appointment, Member Appointed by Governor/to State Affairs (Jan. 23)...... 31 Rehder, Jim: Appointment, Member Appointed by Governor/to State Affairs (Jan. 23)...... 31 Committee Report...... 119 Confirmed by Senate...... 125 IDAHO PERSONNEL COMMISSION Black, Peter J.: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 Brassey, John Michael: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 44 Confirmed by Senate...... 49 Holubar, Mark: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 18) ...... 21 Committee Report...... 81 Confirmed by Senate...... 87 IDAHO TRANSPORTATION BOARD DeLorenzo, Julie D.: Appointment, Member Appointed by Governor/to Transportation (Mar. 13)...... 191 Committee Report...... 228 Confirmed by Senate...... 233 Horsch, Dwight: Appointment, Member Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 99 Confirmed by Senate...... 110 Kempton, Jim: Appointment, Member Appointed by Governor/to Transportation (Feb. 28) ...... 135 Committee Report...... 172 Confirmed by Senate...... 177 IDAHO WATER RESOURCE BOARD Graham, Robert "Bob": Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 32 Committee Report...... 51 Confirmed by Senate...... 56 SENATE INDEX 331

Bill Intro. Vote Number Page Page Meulen, Peter D. Van Der: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 Raybould, Jeffery D.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 IDENTITY AND NAMES Company name, no false government affiliation ...... H 550 167 227 Idaho driver and identification cards, expiration ...... H 473 97128 Unclaimed property administrator, records exemption...... S 1365 149 173 IMMUNITY See LIABILITY INCOME TAX See TAX AND TAXATION, INCOME INDIGENTS See PUBLIC ASSISTANCE INDUSTRIAL COMMISSION Appropriation...... H 675 235 261 Commissioner salary increase ...... H 645 198 238 Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 INFORMATION SYSTEMS See ELECTRONIC TECHNOLOGY INSPECTIONS AND INSPECTORS Brand inspectors, state police policies/rules ...... H 402 59 123 Vehicle emissions program, waiver, recommendations ...... S 1334 105 - Vehicle emissions tests, waiver, legislature determines...... S 1231 22/138 150 INSURANCE Accident/sickness, interstate insurance sales ...... H 587 182 - Administration Department group insurance rule rejected...... SCR 119 80 95 Administrators, financial statement requirements...... H 420 154 217 Auto insurance, maximum deductibles increased...... S 1268 45 102 Bail bond premium collected before defendant released...... S 1325 89 - Car insurance proof, electronic format...... S 1319 87 137 Certificate of insurance, form and contents ...... S 1390 192/228 236 Department orders, service methods, completion ...... H 421 154 221 Department, Health Insurance Access Card funds...... H 440 177 - Department, appropriation...... H 622 172 216 Department, monthly fees statement, recipients ...... H 422 154 221 Education employee liability insurance, associations...... H 694 263 - Energy Resources Authority, officer surety bonds...... S 1335 105 170 Federal health care reform oversight committee...... H 555 137 - Federal health insurance regulation, urge rejection ...... SJM 104 133 148 Portable electronics insurance, sales, licensure...... H 649 219 264 Private sector health insurance exchange encouraged ...... HCR 45 193 - Real estate, error/omissions insurance, maximum premium ...... S 1226 22 65 Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - State Insurance Fund director compensation ...... S 1395 204 238 Vehicle online insurance verification system ...... H 540 150 195 INTERNATIONAL RELATIONS Basque Country, peace, constitutional future...... HJM 14 251 257 International trade, Commerce Department Secretary...... S 1407 220 229 U.S. - Canada joint action plans, support ...... HJM 13 225 251 INTERNET See ELECTRONIC TECHNOLOGY INTERSTATE COMPACTS See MULTISTATE COMPACTS AND AGREEMENTS 332 SENATE INDEX

Bill Intro. Vote Number Page Page

INVESTMENTS Capital investment tax credit, situs, qualifications...... H 438 72 131 Endowment funds, gift instrument directions ...... S 1314 84 114 Investments by hospital districts or county hospitals ...... S 1316 84 121 Prudent Investor Act, apply to conservators ...... S 1232 23 61 Uniform Securities Act, fraud, diverting investor money ...... H 492 143 167 IRBY, ALEX Appointment, Member: Outfitters and Guides Licensing Board Apptd. by Idaho Fish & Game Commission/to Resources & Environment (Jan. 20).... 25 Committee Report...... 51 Confirmed by Senate...... 55 IRRIGATION Canal maintenance, when owners are not liable...... H 398 120 - Canal maintenance, when owners are not liable...... S 1383 172/233 246 City irrigation system extension, no eminent domain ...... S 1379 160 - City irrigation system, extension into area of impact...... S 1287 67 - District director elections, unopposed, board declaration...... H 397 120 212 District elections, absentee ballots, procedure ...... S 1320 87 - District, directors' decision, appeal process ...... S 1289 68 127 Districts, transfer of lands between two districts...... H 401 120 213 Ditch work, consent of irrigation dist/corporation...... H 399 120 213 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Floodplain zoning, excludes canal changes ...... S 1288 68 -

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JACKSON, RICHARD W. Appointment, Member: State Tax Commission Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 JAILS Bail bond premium collected before defendant released...... S 1325 89 - JOHNSON, DANIEL Senator, replacing Senator Joe Stegner, effective December 20, 2011 ...... 2 JOHNSON, RUTHIE Appointment, Member: Idaho Commission on Human Rights Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 JOHNSTON, MICHAEL DAVID Appointment, Member: Sexual Offender Management Board Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 JOINT SESSIONS Governor's State of the State and Budget Address ...... 3 JUDGES Judges retirement system revised...... H 660 269 277 Judges, updated terminology for ...... S 1222 17 61 Judges/justices, salary increase...... H 651 219 258 Supreme Court, appropriation, judges' retirement ...... H 701 279 279 U.S. District Judge, request addition to Idaho ...... HJM 4 52 105 JUDGMENTS Foreign judgments, court filing, county of residence ...... S 1230 22 - State land mineral violations, legal interest rate...... H 372 100 265 SENATE INDEX 333

Bill Intro. Vote Number Page Page JUDGMENTS (Continued) Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 JUDICIARY, STATE OF Chief Justice Roger S. Burdick, Message by ...... 39 JURIES Juror and witness fees in special proceedings ...... S 1213 12 61 JUVENILE CORRECTIONS Department, appropriation...... S 1396 204 236

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KAMBEITZ, LINDA Substitute Secretary to Resources and Environment, oath of office ...... 119 KEMPTON, JIM Appointment, Member: Idaho Transportation Board Appointed by Governor/to Transportation (Feb. 28) ...... 135 Committee Report...... 172 Confirmed by Senate...... 177 KIEBERT, SUSAN M. Appointment, Member: Idaho Judicial Council Appointed by Governor/to Judiciary and Rules (Jan. 17) ...... 16 KORELL, CHRIS Appointment, Member: Outfitters and Guides Licensing Board Appointed by Governor/to Resources and Environment (Jan. 20)...... 26 Committee Report...... 191 Confirmed by Senate...... 198

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LABELS Commercial feed, registration/labels/website statements ...... S 1236 26 92 LABOR See also EMPLOYERS AND EMPLOYEES Department, appropriation...... S 1384 176 203 Department, new hire report, failure to make, civil penalty...... S 1306 82 - Department, new hire reports, penalty for violations ...... S 1369 149 194 Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 Mobility Council created, transportation planning ...... S 1310 83 113 Nursing Board, nursing workforce evaluation ...... S 1261 38 112 PERSI employee excludes cemetery/mosquito district...... H 607 185 237 Public officials, subsequent employment, restrictions ...... S 1245 28 - Public sector, no collective bargaining or strikes ...... S 1242 27 - Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Retired teachers, re-employment, PERSI contributions ...... H 579 154 217 School district employee grievance procedures...... S 1297 75 - Teacher contracts and benefits, amendments ...... S 1327 89 121 Teacher employment termination, unused sick leave ...... S 1308 83 114 Trade secret misappropriation, damages ...... S 1339 111/186 - Unemployment benefits, exemption, corporate officers...... H 523 167222 Unemployment compensation, family of corporate officer ...... S 1240 27 - LABRADOR, RAUL Unites States Congressman, visitor to Senate, March 13, 2012...... 193 LAKES Cocolalla Lake, approve minimum lake level ...... SCR 111 34 - Cocolalla Lake, minimum lake level order, reject...... SCR 120 85 136 334 SENATE INDEX

Bill Intro. Vote Number Page Page LAND USE Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Floodplain zoning, excludes canal changes ...... S 1288 68 - Major energy facilities siting...... S 1250 29 - Oil/gas exploration/production, state regulation ...... H 464 105 199 Special use permit/variance, notice to neighbors...... H 691 251 272 LANDS Community Forest Trust pilot program urged ...... SJM 103 85 126 Department, appropriation...... H 655 208 242 Department, appropriation, Fire Suppression Deficiency Fund...... H 395 42 60 Department, lessee grazing management plan, proposal ...... S 1271 49 178 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Federal land/species management, state role ...... SJM 105 146 159 Improvements on public lands, lease/sale...... H 495 167 - Irrigation districts, transfer of lands between...... H 401 120 213 Oil and Gas Commission duties, records, penalties...... H 463 100 179 Professional land surveyor, substitute surveyor...... H 375 72 128 Rangeland Center Act, Univ. of Idaho, research/educate ...... S 1291 71 113 Scaling Practices Board member qualifications, terms...... H 494 143 243 State land leases, auction, highest bidder...... H 477 278 - State land mineral violations, legal interest rate...... H 372 100 265 Vardis Fisher & Billingsley Creek properties, finance ...... SCR 123 134 148 LANDSCAPE ARCHITECTS Operating fee exemption, certain equipment ...... S 1312 83 121 LAVA HOT SPRINGS Lava Hot Springs Foundation, appropriation...... H 668 235 260 LAW ENFORCEMENT Brand inspectors, state police policies/rules ...... H 402 59 123 Capitol mall property, jurisdiction, law enforcement ...... H 693 267 276 DNA testing of prisoners, lab standards, costs ...... H 497 115/186 209 POST training facility/equipment use and fees...... H 532 120 223 Peace officer temporary disability fund, injury cause...... H 570 167229 Police protection for Lieutenant Governor and family...... S 1343 120 170 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 State Medal of Honor, when awarded...... H 577 167 258 State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 Statewide communications executive council, duties...... H 368 97 242 Vehicle online insurance verification system ...... H 540 150 195 LAW WITHOUT SIGNATURE S 1321, aa - Letter from Governor: April 10, 2012 ...... 283 LAWYERS See ATTORNEYS LAY ON TABLE S 1345, Senator Davis, unanimous consent (February 23, 2012) ...... 122 H 418, Senator McKenzie, motion failed (February 23, 2012) ...... 123 LEASES Improvements on public lands, lease/sale...... H 495 167 - Public land grazing management plan, proposal ...... S 1271 49 178 State land leases, auction, highest bidder...... H 477 278 - LEGISLATIVE COUNCIL Appropriation...... S 1401 215 242 Legislative audit of student transportation deleted ...... H 498 120 156 LEGISLATIVE SERVICES See LEGISLATIVE COUNCIL LEGISLATURE Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Governor's state-of-the-state message, joint session...... HCR 29 2 2 Legislative Legal Defense Fund created ...... H 695 263 269 SENATE INDEX 335

Bill Intro. Vote Number Page Page LEGISLATURE (Continued) Legislative appointments, repeal inactive provisions ...... S 1270 45 72 Parking meters, inactive during legislative session ...... H 480 126 - Redistricting plan court challenges, when and how ...... S 1385 177 - Senate Rule 39, voting, conflicts, disclosure ...... SR 105 273 280 Senate Rule 53, ethics complaint procedure revised ...... SR 107 274 280 Senate Rule 7, Senate employees at will of Pro Tem...... SR 106 273 280 LIABILITY Auto insurance, maximum deductibles increased...... S 1268 45 102 Canal maintenance, when owners are not liable...... H 398 120 - Canal maintenance, when owners are not liable...... S 1383 172/233 246 Car insurance proof, electronic format...... S 1319 87 137 Dangerous dogs, attacks, control, penalties ...... S 1302 78 117 Death penalty, no criminal/civil liability...... S 1292 71 112 Education employee liability insurance, associations...... H 694 263 - Energy Resources Authority, officer surety bonds...... S 1335 105 170 Legal guardians, remove financial liability of ...... S 1279 5993 Motorbike instruction, property, injuries, immunity...... S 1284 65 - Prescriber-patient relationship requirement, exceptions ...... H 503 137 222 Real estate, error/omissions insurance, maximum premium ...... S 1226 22 65 Successor Corporation Asbestos-Related Liability Act...... H 376 120 227 Vehicle online insurance verification system ...... H 540 150 195 Water Resources actions for violations, within 2 years...... H 400 120 213 Youth athletes, concussion guidelines, requirements...... H 632 192 238 LIBRARIES AND LIBRARIANS Education Department curriculum library, delete ...... H 521 126 168 Libraries Commission, 2011 appropriation revised ...... S 1258 37 60 Libraries Commission, appropriation...... H 642 185 223 Library District trustees, recall procedure...... S 1323 88/139 150 LICENSE PLATES License plates, special, prequalification process...... S 1243 27/226 65/252 Special, Idaho Territory Sesquicentennial...... H 472 137 169 LICENSES Certified medication assistant background checks...... S 1262 38112 Child adoption advertising, license number required ...... S 1276 59 - Cigarette rolling machines, operator certification...... H 518 172 243 Clinical professional counselors, licensure, disclosure...... H 501 126 169 Disabled hunter companion, tag exemption, rules...... H 525 131 195 Educator qualifications, interstate agreement...... H 394 75131 Electrician license exemption for certain systems ...... H 520 150 - Engineer/surveyor license applicant qualifications ...... H 374 72 124 Fish and Game Commission licensing rule rejected...... SCR 121 118 130 Free hunting tags for veterans, qualifications ...... H 461 131 195 Governor's wildlife partnership special big game tags ...... S 1256 35/251 127/268 HVAC contractor definition, fuel-burning appliances...... H 467 120 155 Hunting license w/3 day fishing license...... H 459 131 195 Hunting tag, designations to qualified children ...... H 457 131/186 209 Hunting tags, incentive, landowners allowing access...... S 1282 59 - Idaho driver and identification cards, expiration ...... H 473 97128 Insurance administrators, financial statements...... H 420 154 217 Land application of effluent, government-required...... H 608 182 244 Landowner appreciation hunt tag, sale to others ...... S 1283 59 117 Liquor, fees, Alcohol Beverage Control Fund...... H 450 111/189 205 Manufactured home installation, tags and permits ...... H 468 120 155 Massage therapy, licensure, regulation...... S 1295 71/186 206 Military training, credit towards college/licensure ...... S 1299 77 127 Nursing home administrator training before graduation...... H 442 115 168 Occupational therapist continuing education credits ...... H 500 126 168 Portable electronics insurance, sales, licensure...... H 649 219 264 Public works contractor, class "CC" license ...... H 465 143 167 336 SENATE INDEX

Bill Intro. Vote Number Page Page LICENSES (Continued) Race licensee violations, anti-competitive practices...... H 536 137 243 Real estate appraiser license reciprocity; discipline ...... H 419 120 155 Real estate, license exam fee, $150...... S 1225 22 56 Real estate, primary license requirements, revocation...... S 1228 22 60 Residential care provisional permits, emergency vacancy ...... H 558 160 222 Respiratory care licensure board member compensation ...... S 1280 59 93 Senior attorney licensing fees, $70 ...... S 1214 12 92 Teacher conduct investigations, records release ...... H 564 149/233 245 Weighmaster fees, deposit to dedicated fund...... H 389 97 144 Wolf tag, included in hunting license...... H 458 219 260 LIENS Foreclosure notice, trustee's financial interest...... H 624 219 264 Livestock liens, public auction sales...... H 611 198 264 Personal property, security interest, tax liens...... S 1357 137/185 205 State lien, where filed, when lapsed...... H 549 167 226 Tax lien, purchase money security interest ...... S 1315 84 - Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 LIEUTENANT GOVERNOR Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Office of, appropriation ...... S 1368 149174 Police protection for Lieutenant Governor and family...... S 1343 120 170 LINCOLN DAY Committee: Senators Vick and Nuxoll, Co-Chairmen...... 82 Lincoln Day Service (February 10 , 2012) ...... 82 Senator Vick, Opening Remarks ...... 82 Rick DeMichele, Senior Pastor, Treasure Valley Baptist Church, Meridian...... 82 Marie Stettler, Senate intern, Soda Springs: Song "God Bless the USA"...... 82 David Leroy: Remarks honoring President Lincoln ...... 82 Senator Nuxoll, Concluding Remarks...... 82 LIQUOR Beer brewers, retailer interest, when acceptable...... S 1322 88 - Beer brewers, retailer interest, when acceptable...... S 1344 120 151 Free samples, exempt from use tax...... H 489 131 162 Grape Growers Commission, promote grape products...... H 412 59 123 License/transfer fees, Alcohol Beverage Control Fund...... H 450 111/189 205 Liquor laws, miscellaneous updates...... H 516 97 212 Public assistance benefit cards, prohibited uses...... H 522 149 226 State Community College Acct, disbursements...... H 385 72 123 State Liquor Division, appropriation...... S 1391 192 216 LITIGATION Attorney General, mortgage settlement agreement funds...... H 703 279 280 Atty fees, civil actions of $35,000 or under ...... S 1324 89 131 Contract limiting litigation, against public policy ...... H 639 235 271 Education employee liability insurance, associations...... H 694 263 - Government agencies, award of attorney fees ...... S 1332 100 151 Highway, status determination, exhaust procedure...... S 1355 137 - Investment fraud, three year statute of limitations ...... H 492 143 167 Legislative Legal Defense Fund created ...... H 695 263 269 Motorbike instruction, property, injuries, immunity...... S 1284 65 - Service by publication, supporting affidavit ...... S 1253 3568 State land mineral violations, legal interest rate...... H 372 100 265 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Trade secret misappropriation, damages ...... S 1339 111/186 - LIVELY, WENDY Appointment, Member: Bingo-Raffle Advisory Board Appointed by Governor/to State Affairs (Jan. 27)...... 45 Committee Report...... 104 Confirmed by Senate...... 110 SENATE INDEX 337

Bill Intro. Vote Number Page Page LIVESTOCK Livestock liens, public auction sales...... H 611 198 264 Sheep/Goat Health Board, replaces Sheep Commissioner Board ...... H 512 150 210 Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 Wolf control after livestock depredation, methods ...... S 1305 79 - LOANS Tax lien, purchase money security interest ...... S 1315 84 - LOBBYING AND LOBBYISTS Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Idaho Education Association, 120 years of service ...... HCR 48 167 184 LOGGING AND LUMBER Scaling Practices Board member qualifications, terms...... H 494 143 243 LOTTERY, STATE Appropriation...... S 1350 136 161 Public assistance benefit cards, prohibited uses...... H 522 149 226 State lottery dividend transfers, when...... S 1285 65 126

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MACMILLAN, JOHN RANDOLPH Appointment, Member: Board of Environmental Quality Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116 MAGISTRATES See JUDGES MAJORITY LEADERSHIP Roster Majority Leader: Senator Bart Davis ...... 286 Assistant Majority Leader: Senator Chuck Winder ...... 286 Majority Caucus Chairman: Senator Russ Fulcher...... 286 MALLOY, PATRICK Acting Senator, replacing Senator Shirley McKague, effective January 23, 2012 ...... 30 MARRIAGE See DOMESTIC RELATIONS MASSAGE Massage therapy, licensure, regulation...... S 1295 71/186 206 MCGEE, JOHN Resignation Letter (February 22, 2012) ...... 118 MEDICAL Accident/sickness, interstate insurance sales ...... H 587 182 - Alzheimer's Disease, support planning group's work ...... SCR 110 19 - Alzheimer's Disease, support planning group's work ...... SCR 112 43 105 Assistance, developmental disability, mental health...... H 609 182 230 Care, indigent persons, cost management, payments...... H 441 115 168 Certified medication assistant background checks...... S 1262 38112 Chronic renal disease, terminate financial assistance ...... S 1326 89 154 Death penalty, no criminal/civil liability...... S 1292 71 112 Dietetic Licensure Board member compensation ...... S 1277 59/100 122 Disease testing of incarcerated persons...... S 1370 149 194 Drug charges, no venereal disease tests ...... S 1264 42 - Emergency medical volunteers, recruit and retain...... SCR 131 183 208 Facility reimbursements by county, Medicaid rates...... H 487 185 238 Federal health care reform oversight committee...... H 555 137 - Federal health insurance regulation, urge rejection ...... SJM 104 133 148 338 SENATE INDEX

Bill Intro. Vote Number Page Page MEDICAL (Continued) Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 Health Insurance Access Card funds, delete breakdown...... H 440 177 - Health savings account, state employees, rules ...... H 573 185 - Intermediate care facility fund, adjustment payments ...... H 631 215 257 Living wills, requirements revised ...... S 1294 71/139 150 Medical savings acct, increase maximum contribution ...... H 566 185 - Medical staff privileges, competitors not barred ...... H 541 149 217 Medical treatment, withdrawal of care, when...... S 1348 136/200 221 Nursing Board, nursing workforce evaluation ...... S 1261 38 112 Nursing Board, practice remediation program authorized...... S 1260 38 112 Pre-abortion ultrasound required, documentation ...... S 1349 136 - Pre-abortion ultrasound required, documentation ...... S 1387 184 220 Prescriber-patient relationship requirement, exceptions ...... H 503 137 222 Prescriptions database, access to/use of data ...... H 439 149/220 237 Private sector health insurance exchange encouraged ...... HCR 45 193 - Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - Respiratory care licensure board member compensation ...... S 1280 59 93 Rural health care access, physician incentives...... H 393 97 138 Tanning beds, restrict use by children under 16 ...... H 486 235 - Youth athletes, concussion guidelines, requirements...... H 632 192 238 MEDICAL ASSISTANCE See PUBLIC ASSISTANCE MEETINGS, PUBLIC Emergency medical volunteers, town hall meetings...... SCR 131 183 208 MEMORIAL SERVICE Memorial Service Committee: Senators Heider and Schmidt, Co-Chairmen Memorial Service: Febuary 20, 2012...... 106 Memoralizing: Senator Kenneth Bradshaw...... 106 Senator Vearl Crystal ...... 106 Senator Don Mackin...... 106 Senator William Crutcher ...... 107 Senator Warren Israel Merrill...... 107 Senator James McClure ...... 107 Musical Selections performed by Dr. Marcus Wolfe and Chuck Smith ...... 106 June Keithly, Coordinator...... 106 Invocation: Senator Bilyeu ...... 106 Benediction: Senator Fulcher ...... 107 MEMORIALS Basque Country, peace, constitutional future...... HJM 14 251 257 Community Forest Trust pilot program urged ...... SJM 103 85 126 Federal health insurance regulation, urge rejection ...... SJM 104 133 148 Federal land/species management, state role ...... SJM 105 146 159 No Child Left Behind Act, repeal federal law...... HJM 8 143 182 Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - Sgt. Chris Tschida, urge Medal of Honor ...... HJM 7 72 105 U.S. - Canada joint action plans, support ...... HJM 13 225 251 U.S. District Judge, request addition to Idaho ...... HJM 4 52 105 MENTAL HEALTH Defendants, mental health/substance abuse assessments...... H 648 219 253 Facility reimbursements by county, Medicaid rates...... H 487 185 238 Public assistance services, developmental, mental ...... H 609 182 230 MENTALLY RETARDED See DISABLED MEULEN, PETER D. VAN DER Appointment, Member: Idaho Water Resource Board Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 SENATE INDEX 339

Bill Intro. Vote Number Page Page MILITARY AND MILITIA Child custody modification, deployed parent...... S 1300 78 - Child custody modification, deployed parent...... S 1380 166/209 226 Civil air patrol established...... S 1386 184 254 College residency status, military members, dependents ...... H 384 65 88 Division, appropriation ...... H 636 182 222 Free hunting tags for veterans, qualifications ...... H 461 131 195 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Homestead exemption, owner away on temporary service ...... H 387 97 - Hunter education program, military exempt ...... H 496 172 - Idaho servicemen lost in battle, honor ...... SCR 133 202 215 Military Division Support Fund created ...... H 369 65 128 Military training, credit towards college/licensure ...... S 1299 77 127 POW/MIA flag flying protocol, Veterans Services Division...... H 44392257 Sgt. Chris Tschida, urge Medal of Honor ...... HJM 7 72 105 State veterans homes, parents of those killed in action...... H 371 72 - Statewide communications executive council, duties...... H 368 97 242 Youth challenge program, alternative school status...... H 662 272 281 MINERALS AND MINING Oil and Gas Commission duties, records, penalties...... H 463 100 179 Oil/gas exploration/production, state regulation ...... H 464 105 199 Oil/gas production tax, liens, distribution of proceeds ...... H 379 97 179 State land mineral violations, legal interest rate...... H 372 100 265 Well drilling/treating, temporary fee increase to $2500 ...... H 460 100 179 MINORITY LEADERSHIP Roster: Minority Leader: Senator Edgar J. Malepeai ...... 286 Assistant Minority Leader: Senator Les Bock ...... 286 Minority Caucus Chairman: Senator Michelle Stennett ...... 286 MODEL LAWS See UNIFORM AND MODEL LAWS MONEY Abandoned/unclaimed property, redemption period ...... H 591 172 245 Endowment funds, gift instrument directions ...... S 1314 84 114 Investments by hospital districts or county hospitals ...... S 1316 84 121 Public depository, annual report, deadline ...... H 482 126 156 Tax Commission, electronic payment processor authorized...... H 360 35 52 Unclaimed property, certain donations authorized...... S 1363 148 173 Uniform Securities Act, fraud, diverting investor money ...... H 492 143 167 MOONEY, E. ROBERT (BOB) Appointment, Member: Idaho Energy Resources Authority Appointed by Governor/to State Affairs (Feb. 3) ...... 64 Committee Report...... 108 Confirmed by Senate...... 116 MORTGAGES Attorney General, mortgage settlement agreement funds...... H 703 279 280 Foreclosure notice, trustee's financial interest...... H 624 219 264 MORTICIANS Unclaimed bodies, cremation authorized after 14 days...... H 551 215 253 MOSQUITO ABATEMENT See PESTS AND PESTICIDES MOTION TO ADJOURN Pursuant to Senate Rule 28(C) Senator Malepeai, motion failed (March 12, 2012)...... 189 MOTOR CARRIERS Sales tax exemption, interstate commerce, when ...... H 361 38 52 Truck speed limit, same as for cars...... S 1229 22 - MOTOR VEHICLES Auto insurance, maximum deductibles increased...... S 1268 45 102 Capitol Mall parking structure construction authorized ...... HCR 47 198 256 340 SENATE INDEX

Bill Intro. Vote Number Page Page MOTOR VEHICLES (Continued) Cell phone use while driving, infraction...... S 1251 29 - Federal transit funding recipients, exceptions...... H 367 65 123 Hunting from motorized vehicles, prohibit restrictions...... H 542 215 260 Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 Idaho driver and identification cards, expiration ...... H 473 97128 Idaho state parks passport program, fees ...... H 446 92 140 License plates, special, Idaho Territory 150 years...... H 472 137 169 License plates, special, prequalification process...... S 1243 27/226 65/252 Motorbike instruction, property, injuries, immunity...... S 1284 65 - Murder 1st degree, firing at occupied homes/vehicles ...... S 1221 17 - Operating fee exemption, certain equipment ...... S 1312 83 121 Parking meters, inactive during legislative session ...... H 480 126 - Proof of insurance, electronic format...... S 1319 87 137 Sales tax exemption, interstate commerce, when ...... H 361 38 52 Speed limit alteration by local authorities, approval ...... H 619 215 252 Texting violations, enhanced infraction penalty ...... S 1311 83 - Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 Traffic safety education program, fees, use...... S 1275 58151 Truck speed limit, same as for cars...... S 1229 22 - Vehicle emissions program, waiver, recommendations ...... S 1334 105 - Vehicle emissions tests, waiver, legislature determines...... S 1231 22/138 150 Vehicle online insurance verification system ...... H 540 150 195 MOTORBIKES AND MOTORCYCLES Motorbike instruction, property, injuries, immunity...... S 1284 65 - MULTISTATE COMPACTS AND AGREEMENTS Educator qualifications, interstate agreement...... H 394 75131 Western States Transportation Agreement, name change...... S 1270 45 72 MUSIC Mildred Rinker Bailey, honor Idaho jazz pioneer...... HCR 49 225 251

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NAMES See IDENTITY AND NAMES NATIONAL GUARD See MILITARY AND MILITIA NATURAL RESOURCES See also ENVIRONMENT NEWSPAPERS Foreclosure notice, trustee's financial interest...... H 624 219 264 NORTHWEST POWER AND CONSERVATION COUNCIL Yost, Jim: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 20)...... 25 Committee Report...... 86 Confirmed by Senate...... 95 NOVAK, JENNIFER Election and Oath of Office, Secretary of the Senate...... 2 NURSING AND NURSES Advanced practice registered nurse, licensure ...... S 1273 52 112 Certified medication assistant background checks...... S 1262 38112 Nursing Board, advisory committee membership...... S 1273 52 112 Nursing Board, nursing workforce evaluation ...... S 1261 38 112 Nursing Board, practice remediation program authorized...... S 1260 38 112 NURSING HOMES See ASSISTED LIVING AND NURSING HOMES SENATE INDEX 341

Bill Intro. Vote Number Page Page - O -

OATH OF OFFICE See also SUBSTITUTE SENATORS Administered: Johnson, Daniel, Senator ...... 2 Novak, Jennifer, Secretary of the Senate ...... 2 Malloy, Patrick, Acting Senator ...... 30 Election and Oath of Office (Attaches and First Group Pages): ...... 12 Election and Oath of Office (Second Group Pages):...... 119 Kambeitz, Linda, Secretary to Resources and Environment Committee ...... 119 Rice, Jim, Senator...... 152 OCCUPATIONAL LICENSES BUREAU Drinking Water Professionals, certain rules rejected ...... SCR 115 73 87 Driving Businesses fee rule rejected ...... SCR 128 157 177 OCCUPATIONAL THERAPY Licensee continuing education, delete recommendation ...... H 500 126 168 OIL Oil and Gas Commission duties, records, penalties...... H 463 100 179 Oil and Gas Commission, penalties accrual date, knowing violations ...... H 526 100 179 Oil/gas exploration/production, state regulation ...... H 464 105 199 Oil/gas production tax, liens, distribution of proceeds ...... H 379 97 179 Public Utility Commission, pipeline corporations ...... H 462 100 179 Well drilling/treating, temporary fee increase to $2500 ...... H 460 100 179 OLYMPICS See ATHLETICS OPEN MEETING LAW See MEETINGS, PUBLIC OUTFITTERS AND GUIDES LICENSING BOARD Irby, Alex: Appointment, Member Appointed by Idaho Fish and Game Commission ...... 25 Committee Report...... 51 Confirmed by Senate...... 55 Korell, Chris: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 20)...... 26 Committee Report...... 191 Confirmed by Senate...... 198

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PAGES OF THE SENATE See ATTACHES; INDEX SECTION III Sworn in, First Group (January 12, 2012) ...... 12 Sworn in, Second Group (February 23, 2012)...... 119 PAK, HYONG K. Appointment, Member: Idaho Commission on Human Rights Appointed by Governor/to State Affairs (Feb. 1) ...... 55 Committee Report...... 98 Confirmed by Senate...... 109 PARDONS AND PAROLE Commission, appropriation...... H 677 235 263 Correction Board, control over felony probation/parole...... SJR 102 11 33 Probation, court-ordered tests, payment for...... S 1340 111 151 PARENTS Charter school founder designation, first 180 days...... S 1269 45/226 68 Child custody modification, deployed parent...... S 1300 78 - Child custody modification, deployed parent...... S 1380 166/209 226 Divorce, parenting coordinator, retainer requirement...... H 455 97 140 342 SENATE INDEX

Bill Intro. Vote Number Page Page PARENTS (Continued) Post-adoption communication agreements, court approval ...... S 1281 59 - State veterans homes, parents of those killed in action...... H 371 72 - PARK AND RECREATION BOARD Correll, Charles H.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 Hansen, Robert H.: Appointment, Member Appointed by Governor/to Resources and Environment (Jan. 27)...... 44 Committee Report...... 89 Confirmed by Senate...... 96 PARKING Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Parking meters, inactive during legislative session ...... H 480 126 - PARKS AND RECREATION Department winter parking permit rule rejected...... SCR 129 158 177 Department, Vardis Fisher property refinance/exchange ...... SCR 123 134 148 Department, appropriation...... H 680 235 264 Idaho state parks passport program, fees ...... H 446 92 140 Lava Hot Springs Foundation, appropriation...... H 668 235 260 PARLIAMENTARY RULING President: Chair of Committee of the Whole ruling correct Amendment 2 to S 1215 out of order ...... 100 PEARCE, MONTY J. Ethics Committee, Appointment pursuant to Senate Rule 53 ...... 218 Ethics Committee, Finding and Conclusions ...... 258 PERFORMANCE EVALUATIONS Teacher evaluations, factors, parental input, tests...... S 1224 18 38 PERMITS See LICENSES PERSI See RETIREMENT PESTS AND PESTICIDES Agriculture Department parasiticide rule rejected ...... SCR 117 80 105 Mosquito district employee, not a PERSI employee ...... H 607 185 237 Pest Control Deficiency Fund, appropriation...... H 395 4260 PHARMACIES AND PHARMACISTS Death penalty, no criminal/civil liability...... S 1292 71 112 Pharmacy Board prescriptions database, human use ...... H 569 166 230 Prescription tracking program, practitioner duties...... S 1241 27 - Prescriptions database, access to/use of data ...... H 439 149/220 237 Pseudoephedrine, electronic sales tracking system...... S 1309 83 137 PHYSICIANS AND SURGEONS Death penalty, no criminal/civil liability...... S 1292 71 112 Medical staff privileges, competitors not barred ...... H 541 149 217 Medical treatment, withdrawal of care, when...... S 1348 136/200 221 Pre-abortion ultrasound required, documentation ...... S 1349 136 - Pre-abortion ultrasound required, documentation ...... S 1387 184 220 Prescriber-patient relationship requirement, exceptions ...... H 503 137 222 Prescription tracking program, practitioner duties...... S 1241 27 - Rural health care access, physician incentives...... H 393 97 138 PIKE, LINDA Appointment, Member: Board of Tax Appeals Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 PLANNING AND ZONING City irrigation system, extension into area of impact...... S 1287 67 - Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - SENATE INDEX 343

Bill Intro. Vote Number Page Page PLANNING AND ZONING (Continued) Floodplain zoning, excludes canal changes ...... S 1288 68 - Major energy facilities siting...... S 1250 29 - Oil/gas exploration/production, state regulation ...... H 464 105 199 Special use permit/variance, notice to neighbors...... H 691 251 272 PLUMBING AND PLUMBERS Plumbing safety licensing rule rejected ...... SCR 128 157 177 State plumbing code, city enforcement, amendments...... H 466 120 155 POLICE, IDAHO STATE See also LAW ENFORCEMENT Accident response costs, fee restrictions...... H 647 219 - Alcohol Beverage Control Fund, liquor license fees...... H 450 111/189 205 Appropriation...... H 676 235 261 Appropriation, add'l...... S 1412 251 268 Brand inspectors, state police policies/rules ...... H 402 59 123 City police, retirement payments, tax deductions...... H 364 42 68 DNA testing of prisoners, lab standards, costs ...... H 497 115/186 209 DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Idaho State Police Officer Training rule rejected...... SCR 122 118 131 Idaho State Police, authorized tow drivers, fingerprint ...... H 403 143 195 POST training facility/equipment use and fees...... H 532 120 223 Peace officer temporary disability fund, injury cause...... H 570 167229 Peace officer training, court fee increased to $15...... H 448 115223 Police protection for Lieutenant Governor and family...... S 1343 120 170 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 State Medal of Honor, when awarded...... H 577 167 258 State victim notification fund, fee, purpose ...... S 1263 4297 Vehicle online insurance verification system ...... H 540 150 195 POLITICAL PARTIES Election laws, miscellaneous amendments ...... H 572 172 245 Presidential primary election, repeal ...... H 391 84 124 POLLUTION Commercial hazardous waste, road to rail funding ...... S 1313 83 113 Vehicle emissions program, waiver, recommendations ...... S 1334 105 - Vehicle emissions tests, waiver, legislature determines...... S 1231 22/138 150 PORT DISTRICTS See DISTRICTS POWER See ENERGY PRESCRIPTIONS Pharmacy Board prescriptions database, human use ...... H 569 166 230 Prescriber-patient relationship requirement, exceptions ...... H 503 137 222 Prescription tracking program, practitioner duties...... S 1241 27 - Prescriptions database, access to/use of data ...... H 439 149/220 237 PRISONS AND PRISONERS Bail bond premium collected before defendant released...... S 1325 89 - Contraband to and from prisoners, penalties ...... S 1215 12/100 111 Correction Board, control over felony probation/parole...... SJR 102 11 33 DNA testing of prisoners, lab standards, costs ...... H 497 115/186 209 Death penalty, no criminal/civil liability...... S 1292 71 112 Death warrant after stay of execution, procedure...... S 1266 42 88 Disease testing of incarcerated persons...... S 1370 149 194 Probation time calculation, problem-solving program...... H 475 97 140 PRIVACY Prescriptions database, access to/use of data ...... H 439 149/220 237 PROBATE See ESTATES PROBATION Probation time calculation, problem-solving program...... H 475 97 140 Probation, court-ordered tests, payment for...... S 1340 111 151 344 SENATE INDEX

Bill Intro. Vote Number Page Page PROFESSIONAL TECHNICAL EDUCATION Appropriation...... H 600 160 179 PROFESSIONS Advanced practice registered nurse, licensure ...... S 1273 52 112 Athletic Trainers Board member compensation...... S 1278 59 93 Clinical professional counselors, licensure, disclosure...... H 501 126 169 Dietetic Licensure Board member compensation ...... S 1277 59/100 122 Electrician license exemption for certain systems ...... H 520 150 - Engineer/surveyor license applicant qualifications ...... H 374 72 124 Massage therapy, licensure, regulation...... S 1295 71/186 206 Medical staff privileges, competitors not barred ...... H 541 149 217 Military training, credit towards college/licensure ...... S 1299 77 127 Nursing home administrator training before graduation...... H 442 115 168 Nursing practice remediation program authorized...... S 1260 38 112 Occupational therapist continuing education credits ...... H 500 126 168 Portable electronics insurance, sales, licensure...... H 649 219 264 Professional studies acct, no state appropriations...... H 382 65 122 Real estate appraiser license reciprocity; discipline ...... H 419 120 155 Real estate, continuing education, course standards...... S 1227 22 60 Real estate, license exam fee, $150...... S 1225 22 56 Real estate, primary license requirements, revocation...... S 1228 22 60 Respiratory care licensure board member compensation ...... S 1280 59 93 Rural health care access, physician incentives...... H 393 97 138 Senior attorney licensing fees, $70 ...... S 1214 12 92 Teacher conduct investigations, records release ...... H 564 149/233 245 Teacher leadership awards, disqualification removed...... H 534 126 168 Weighmaster fees, deposit to dedicated fund...... H 389 97 144 PROPERTY Abandoned/unclaimed property, redemption period ...... H 591 172 245 Access easement, type of use, denial, taking...... H 583 182 252 Business inventory tax deduction, site improvements...... H 519 126 230 Canal maintenance, when owners are not liable...... H 398 120 - Canal maintenance, when owners are not liable...... S 1383 172/233 246 Capitol mall property, jurisdiction, law enforcement ...... H 693 267 276 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Floodplain zoning, excludes canal changes ...... S 1288 68 - Foreclosure notice, trustee's financial interest...... H 624 219 264 Forest land values for taxation purposes, calculation...... H 357 35 66 Highway district surplus property sale, public/private ...... S 1356 137/163 169 Highway width exceptions, historic width...... H 628 235 - Highway, status determination, exhaust procedure...... S 1355 137 - Homestead exemption, continuance after death...... H 584 208 253 Homestead exemption, owner away on temporary service ...... H 387 97 - Hunting tags, incentive, landowners allowing access...... S 1282 59 - Irrigation districts, transfer of lands between...... H 401 120 213 Livestock liens, public auction sales...... H 611 198 264 Major energy facilities siting...... S 1250 29 - Oil and Gas Commission duties, records, penalties...... H 463 100 179 Personal property, security interest, tax liens...... S 1357 137/185 205 Professional land surveyor, substitute surveyor...... H 375 72 128 Property access from highways, standards...... S 1347 136 - Property tax exemptions, application, appeals process...... H 356 35 56 School district property, vacant land, uses...... S 1223 18 38 Special use permit/variance, notice to neighbors...... H 691 251 272 State facilities, no camping, removal of belongings...... H 404 46/75 93 Tax lien, purchase money security interest ...... S 1315 84 - Taxing district, taxable property values, notification...... H 358 35/76 122 Unclaimed livestock, proceeds distribution ...... S 1296 74 - Unclaimed livestock, proceeds distribution ...... S 1345 120 - Unclaimed livestock, proceeds distribution ...... S 1346 126 155 SENATE INDEX 345

Bill Intro. Vote Number Page Page PROPERTY (Continued) Unclaimed property administrator, records exemption...... S 1365 149 173 Unclaimed property, certain donations authorized...... S 1363 148 173 Urban renewal agency, delete certain powers...... H 506 115 - Urban renewal plan, modifications, project specificity...... H 507 149 - Vardis Fisher & Billingsley Creek properties, finance ...... SCR 123 134 148 PROPERTY TAX See TAX AND TAXATION, PROPERTY PROSECUTING ATTORNEYS See ATTORNEYS PUBLIC ASSISTANCE Chronic renal disease, terminate financial assistance ...... S 1326 89 154 Federal food stamps misuse over $100 is a felony...... S 1293 71 161 Health and Welfare Department, certain Medicaid rules rejected...... SCR 114 73 87 Indigent health care cost management, payments...... H 441 115 168 Intermediate care facility fund, adjustment payments ...... H 631 215 257 Medicaid rates, mental health facility charges...... H 487 185 238 Public assistance benefit cards, prohibited uses...... H 522 149 226 SNAP benefits, distribution period...... H 689 254 - Services, disabilities, developmental, mental health...... H 609 182 230 PUBLIC BROADCASTING Idaho Educational Public Broadcasting System, appropriation...... S 1381 166 194 PUBLIC CHARTER SCHOOL COMMISSION Corkill, Brad: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 Quinn, Wanda Chillingworth: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 110 Wart, Esther Van: Appointment, Member Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 PUBLIC EMPLOYEE RETIREMENT SYSTEM See RETIREMENT PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO BOARD Sullivan, J. Kirk: Appointment, Member Appointed by Governor/to Commerce and Human Resources (Jan. 27) ...... 45 Committee Report...... 153 Confirmed by Senate...... 159 PUBLIC OFFICERS Cooling-off period, employment following public service...... S 1245 28 - General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Public elective offices, vacancy declaration, absence...... H 553 167 243 Public officers/candidates, financial disclosures ...... S 1238 27 - Recall elections, financial reporting requirements ...... H 490 115 222 State contractors, political contributions restricted...... S 1244 28 - PUBLIC RECORDS See RECORDS PUBLIC UTILITIES See UTILITIES PUBLIC WORKS Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Division, appropriation ...... S 1399 205 237 Public Works Contractors License Board member compensation...... H 409 97 128 Public works bid documents, when public record ...... S 1372 159 236 Public works contractor, class "CC" license ...... H 465 143 167 346 SENATE INDEX

Bill Intro. Vote Number Page Page PUBLIC WORKS (Continued) Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 School facilities cooperative program, add'l. funds...... H 633 193 238 State contractors, political contributions restricted...... S 1244 28 - PUBLICATIONS Child adoption advertising, license number required ...... S 1276 59 - Foreclosure notice, trustee's financial interest...... H 624 219 264 State agency reports, minimize paper copies...... H 515 208 252 PURCHASING Public works contracts, project labor agreements...... S 1342 120 - Public works contracts, project labor agreements...... S 1373 159 199 Tax lien, purchase money security interest ...... S 1315 84 - PURDY, NICK Appointment, Member: Board of Environmental Quality Appointed by Governor/to Health and Welfare (Jan. 18)...... 20 Committee Report...... 108 Confirmed by Senate...... 116

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QUINN, WANDA CHILLINGWORTH Appointment, Member: Public Charter School Commission Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 110

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RACING Historical horse race wagering authorized...... S 1374 160 - Race licensee violations, anticompetitive practices ...... H 536 137 243 RADIO See TELECOMMUNICATIONS RAILROADS Commercial hazardous waste, road to rail funding ...... S 1313 83 113 State rail plan, funds to update...... H 414 225 258 Telegraph service provisions in code repealed ...... S 1272 52 93 Union Pacific Railroad, 150th anniversary ...... SCR 130 175184 RAYBOULD, JEFFERY D. Appointment, Member: Idaho Water Resource Board Appointed by Governor/to Resources and Environment (Jan. 23)...... 33 Committee Report...... 51 Confirmed by Senate...... 56 REAL ESTATE See also PROPERTY Appraiser, licensure reciprocity; disciplinary matter ...... H 419 120 155 Continuing education, course certification, standards...... S 1227 2260 Error/omissions insurance, $250 maximum premium ...... S 1226 22 65 Foreclosure notice, trustee's financial interest...... H 624 219 264 License exam fee, $150 ...... S 1225 22 56 Primary license requirements, revocation ...... S 1228 22 60 REAPPORTIONMENT AND REDISTRICTING Commission for Reapportionment plan (January 30, 2012) Redistricting plan court challenges, when and how ...... S 1385 177 - RECOGNITION See HONORS AND AWARDS SENATE INDEX 347

Bill Intro. Vote Number Page Page RECORDERS State lien, where filed, when lapsed...... H 549 167 226 RECORDS Car insurance proof, electronic format...... S 1319 87 137 Health and Welfare Department child protection records, when disclosed...... S 1255 35/100/138 150 Insurance Department orders, service methods, completion ...... H 421 154 221 Insurance Department, monthly fees statement, recipients...... H 422 154 221 Insurance administrators, financial statements...... H 420 154 217 New hire employer report violations, penalty...... S 1369 149 194 Oil and Gas Commission duties, records, penalties...... H 463 100 179 Prescriptions database, access to/use of data ...... H 439 149/220 237 Public works bid documents, when public record ...... S 1372 159 236 Service by publication, supporting affidavit ...... S 1253 3568 State government records management, Historical Society...... H 599 177 258 State lien, where filed, when lapsed...... H 549 167 226 Statutory rape, expungement of court records ...... S 1341 111 161 Tax Commission and Treasurer, share taxpayer ID information...... H 687 251 271 Teacher conduct investigations, records release ...... H 564 149/233 245 Unclaimed property administrator, records exemption...... S 1365 149 173 RECREATION Idaho state parks passport program, fees ...... H 446 92 140 Special needs recreation, donations, tax credit ...... S 1216 12 - Special needs recreation, donations, tax credit ...... H 437 72 - Sun Valley Adaptive Sports, tax credit ...... H 488 149 - REGULATORY TAKINGS See EMINENT DOMAIN REHDER, JIM Appointment, Member: Idaho Lottery Commission Appointed by Governor/to State Affairs (Jan. 23)...... 31 Committee Report...... 119 Confirmed by Senate...... 125 RELIGION AND CHURCHES Federal health insurance regulation, urge rejection ...... SJM 104 133 148 Homestead exemption, owner away on temporary service ...... H 387 97 - Respect for Rights of Conscience Act, urge passage ...... HJM 10 126 - REPORTS Public depository, annual report, deadline ...... H 482 126 156 State agency reports, minimize paper copies...... H 515 208 252 RESIDENTIAL CARE FACILITIES See ASSISTED LIVING AND NURSING HOMES Residential care provisional permits, emergency vacancy ...... H 558 160 222 RESOLUTIONS Ariane Drake and Emily Kladar, exemplary volunteers...... SR 104 171 181 Senate Rule 39, voting, conflicts, disclosure ...... SR 105 273 280 Senate Rule 53, ethics complaint procedure revised ...... SR 107 274 280 Senate Rule 7, Senate employees at will of Pro Tem...... SR 106 273 280 Senate employees Jeannine Wood & Rusti Horton, honor...... SR 103 24 36 RESOLUTIONS, CONCURRENT Administration Department group insurance rule rejected...... SCR 119 80 95 Agency fee rules approved, exceptions...... SCR 128 157 177 Agency temporary rules approved, exceptions ...... SCR 129 158 177 Agriculture Department brucellosis rule rejected ...... HCR 38 143 - Agriculture Department parasiticide rule rejected ...... SCR 117 80 105 Alzheimer's Disease, support planning group's work ...... SCR 110 19 - Alzheimer's Disease, support planning group's work ...... SCR 112 43 105 Arts learning in schools, support...... HCR 39 150 184 Building Safety Division Electrical Code rules rejected ...... HCR 31 72 - Building Safety Division Electrical Code rule rejected...... SCR 118 80 92 Capitol Mall parking structure construction authorized ...... HCR 47 198 256 Cocolalla Lake, approve minimum lake level ...... SCR 111 34 - 348 SENATE INDEX

Bill Intro. Vote Number Page Page RESOLUTIONS, CONCURRENT (Continued) Cocolalla Lake, minimum lake level order, reject...... SCR 120 85 136 Drinking Water Professionals, certain rules rejected ...... SCR 115 73 87 Emergency medical volunteers, recruit and retain...... SCR 131 183 208 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Governor's state-of-the-state message, joint session...... HCR 29 2 2 Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Health and Welfare Department Residential Hab. Agencies rule rejected...... HCR 43 143 - Health and Welfare Department, certain Medicaid rules rejected...... SCR 114 73 87 Idaho Digital Learning Academy, recognize efforts...... SCR 124 134 173 Idaho Education Association, 120 years of service ...... HCR 48 167 184 Idaho Energy Plan approved, future updates ...... HCR 34 143 166 Idaho State Police Officer Training rule rejected...... SCR 122 118 131 Idaho Territory 150 years, plan commemoration ...... SCR 132 190 208 Idaho servicemen lost in battle, honor ...... SCR 133 202 215 Mildred Rinker Bailey, honor Idaho jazz pioneer...... HCR 49 225 251 Parks/Rec Department, Vardis Fisher property...... SCR 123 134 148 Private sector health insurance exchange encouraged ...... HCR 45 193 - Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 State employee compensation, 2% change ...... HCR 40 167 - Steve Appleton, Micron Corp, honor lifetime achievement...... HCR 36 126 181 Tax Commission, certain administrative rules rejected ...... HCR 33 111 131 Tax Commission, certain income tax rule rejected...... SCR 113 54 67 U.S. constitutional convention, enumerated topics...... SCR 126 146 - Union Pacific Railroad, 150th anniversary ...... SCR 130 175184 Veterinary Medicine Board rule rejected ...... HCR 37 143 177 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 Wind energy, Energy Legislative Study Committee...... SCR 127 157 - RESOLUTIONS, JOINT Correction Board, control over felony probation/parole...... SJR 102 11 33 Fish and Game Commission licensing rule rejected...... SCR 121 118 130 Hunt/fish/trap, constitutional right...... SJR 103 34 - Hunt/fish/trap, constitutional right...... SJR 104 47 - Hunt/fish/trap, constitutional right...... SJR 105 94 - Hunt/fish/trap, constitutional right...... SJR 106 104 131 Hunt/fish/trap, constitutional right...... HJR 2 248 265 RESTAURANTS See also FOOD RETIREMENT City police, retirement payments, tax deductions...... H 364 42 68 Disabled retiree, commission service allowance ...... H 598 154 213 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Judges retirement system revised...... H 660 269 277 Pay-for-Performance payments, PERSI contributions...... S 1329 90 121 PERSI definitions, salary excludes travel reimbursement ...... H 418 84123 PERSI employee excludes cemetery/mosquito district...... H 607 185 237 PERSI, appropriation...... H 617 167 212 Retired teachers, re-employment, PERSI contributions ...... H 579 154 217 Senate employees Jeannine Wood & Rusti Horton, honor...... SR 103 24 36 Supreme Court, appropriation, judges' retirement ...... H 701 279 279 REVENUE AND TAXATION See TAX AND TAXATION RICE, JIM Senator, replacing Senator John McGee, effective March 1, 2012 ...... 152 RIGHT-OF-WAY See EASEMENTS RISCH, JAMES E. United States Senator, visitor to Senate, March 12, 2012 ...... 185 SENATE INDEX 349

Bill Intro. Vote Number Page Page

ROADS See HIGHWAYS RULES Administration Department group insurance rule rejected...... SCR 119 80 95 Agency fee rules approved, exceptions...... SCR 128 157 177 Agency rules, continue in effect...... H 635 182 244 Agency temporary rules approved, exceptions ...... SCR 129 158 177 Agriculture Department brucellosis rule rejected ...... HCR 38 143 - Agriculture Department parasiticide rule rejected ...... SCR 117 80 105 Building Safety Division continuing education rule rejected...... SCR 128 157 177 Building Safety Division Electrical Code rules rejected ...... HCR 31 72 - Building Safety Division Electrical Code rule rejected...... SCR 118 80 92 Building Safety Division plumbing safety rule rejected...... SCR 128 157 177 Drinking Water Professionals, certain rules rejected ...... SCR 115 73 87 Driving Businesses fee rule rejected ...... SCR 128 157 177 Education Board rules, curriculum and fee approval ...... H 604 172 227 Fish and Game Commission licensing rule rejected...... SCR 121 118 130 Fish and Game Department restrictions prohibited, motorized vehicle use...... H 542 215 260 Fish and Game Department, disabled hunter companion tag exemption...... H 525 131 195 Health and Welfare Department EMS Physician Commission rules rejected...... HCR 42 143 - Health and Welfare Department Medicaid rule rejected...... SCR 129 158 177 Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Health and Welfare Department Residential Hab. Agencies rule rejected...... HCR 43 143 - Health and Welfare Department child protection records, when disclosed...... S 1255 35/100/138 150 Health and Welfare Department, certain Medicaid rules rejected...... SCR 114 73 87 Health savings account, state employees, rules ...... H 573 185 - Idaho State Police Officer Training rule rejected...... SCR 122 118 131 Negotiated rulemaking, feasibility, requirements...... S 1318 87 - Negotiated rulemaking, feasibility, requirements...... S 1366 149 194 Parks and Recreation Department winter parking rule rejected...... SCR 129 158 177 Senate Rule 39, voting, conflicts, disclosure ...... SR 105 273 280 Senate Rule 53, ethics complaint procedure revised ...... SR 107 274 280 Senate Rule 7, Senate employees at will of Pro Tem...... SR 106 273 280 Tax Commission, certain administrative rules rejected ...... HCR 33 111 131 Tax Commission, certain income tax rule rejected...... SCR 113 54 67 Veterinary Medicine Board rule rejected ...... HCR 37 143 177 RULES, SENATE AND JOINT RULES SENATE/HOUSE Adopted Joint Rule 20, Petition to Waive (By Date of Petition) SJR 105 (February 15, 2012)...... 94 SJR 106 (February 20, 2012)...... 104 HJR 2, as amended (March 22, 2012)...... 248 RULINGS OF THE PRESIDENT President Ruled: Chair of the Committee of the Whole correct Amendment 2 to S 1215 out of order ...... 100

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SAFETY Bridge safety program, GARVEE funds, reports...... S 1317 87/138 150 Elevator safety, modernization alteration exemption...... H 469 97 132 Guyed tower safety standards, air flight hazards ...... H 511 149/189 210 Hunter education program, military exempt ...... H 496 172 - Police protection for Lieutenant Governor and family...... S 1343 120 170 Tanning beds, restrict use by children under 16 ...... H 486 235 - SALARIES See WAGES 350 SENATE INDEX

Bill Intro. Vote Number Page Page SALES Accident/sickness, interstate insurance sales ...... H 587 182 - Beer brewers, retailer interest, when acceptable...... S 1322 88 - Beer brewers, retailer interest, when acceptable...... S 1344 120 151 Electronic cigarettes, no sales to minors...... H 405 65 132 Free beverage samples, use tax exemption ...... H 489 131 162 Highway district surplus property sale, public/private ...... S 1356 137/163 169 Improvements on public lands, lease/sale...... H 495 167 - Landowner appreciation hunt tag, sale to others ...... S 1283 59 117 Livestock liens, public auction sales...... H 611 198 264 Portable electronics insurance, sales, licensure...... H 649 219 264 Pseudoephedrine, electronic sales tracking system...... S 1309 83 137 Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 SALES TAX See TAX AND TAXATION, SALES SAYER, JEFFERY Appointment, Member: Director of the Department of Commerce Appointed by Governor/to Commerce and Human Resources (Feb. 6) ...... 67 Committee Report...... 101 Confirmed by Senate...... 110 SCHEIHING, GARY Appointment, Member: Commission on Pardons and Parole Appointed by Governor/to Judiciary and Rules (Jan. 26) ...... 41 Committee Report...... 207 Confirmed by Senate...... 215 SCHNEIDER, ALLAN R. Appointment, Member: Commission for the Blind & Visually Impaired Appointed by Governor/to Health and Welfare (Jan. 30)...... 48 Committee Report...... 250 Confirmed by Senate...... 256 SCHOLARSHIPS Opportunity scholarship acct, maximum costs ...... H 383 72 123 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 SCHOOLS AND SCHOOL DISTRICTS 8 in 6 program, accelerated student program...... H 426 84/199 221 Arts learning in schools, support...... HCR 39 150 184 Charter school founder designation, first 180 days...... S 1269 45/226 68 Charter school laws amended...... H 590 167 227 Charter schools, maximum number, cap removed...... H 481 137 210 Classroom technology funding, online course webpage...... H 626 193 237 Curriculum, delete Education Department library ...... H 521 126 168 Curriculum/online course and fee approval, rules ...... H 604 172 227 Education employee liability insurance, associations...... H 694 263 - Educational support program, appropriation...... S 1410 235 257 Educational support program, funding calculations...... H 603 193 237 Extracurricular activities, school accreditation ...... S 1301 78 112 Graduation requirements, online courses, dual credit...... S 1328 90 121 Idaho Digital Learning Academy, recognize efforts...... SCR 124 134 173 No Child Left Behind Act, repeal federal law...... HJM 8 143 182 On-line course definition amended...... S 1237 2749 Pay-for-Performance payments, PERSI contributions...... S 1329 90 121 Proprietary school disclosures to students required...... S 1234 26 - Retired teachers, re-employment, PERSI contributions ...... H 579 154 217 School building maintenance match money, other use...... H 672 256 268 School building maintenance plan, reports, when ...... H 499 126 168 School district employee grievance procedures...... S 1297 75 - School district property, vacant land, uses...... S 1223 18 38 School district salary-based apportionments, adjustment ...... S 1331 99 152 School district total taxable valuation, notification...... H 358 35/76 122 School facilities cooperative program, add'l. funds...... H 633 193 238 SENATE INDEX 351

Bill Intro. Vote Number Page Page SCHOOLS AND SCHOOL DISTRICTS (Continued) School services, out of state designation, funding...... H 588 167 - State lottery dividend transfers, when...... S 1285 65 126 Student bullying, education, prevention, reporting...... S 1220 17 - Student harassment/cyberbullying, school policy...... S 1358 142/186 209 Teacher conduct investigations, records release ...... H 564 149/233 245 Teacher contracts and benefits, amendments ...... S 1327 89 121 Teacher evaluations, factors, parental input, tests...... S 1224 18 38 Teacher evaluations, student growth, parent input...... S 1217 12 - Teacher expenses, deduction from taxable income...... H 517 120 162 Teacher funding, future years...... H 698 278 282 Teacher leadership awards, disqualification removed...... H 534 126 168 Unused sick leave after employment termination...... S 1308 83 114 Youth athletes, concussion guidelines, requirements...... H 632 192 238 Youth challenge program, alternative school status...... H 662 272 281 SCHULTZ, TOM Appointment, Member: Director of the Department of Lands Appointed by Governor/to Resources and Environment (Feb. 3) ...... 64 Committee Report...... 105 Confirmed by Senate...... 110 SCIENCE AND TECHNOLOGY DNA testing of prisoners, lab standards, costs ...... H 497 115/186 209 IGEM Council, grants, university research...... H 546 137 167 Steve Appleton, Micron Corp, honor lifetime achievement...... HCR 36 126 181 SEAT ASSIGNMENTS Senate Chamber Seats, January 18, 2012 ...... 21 Revised Senate Chamber Seats, March 2, 2012 ...... 154 SEAT BELTS See SAFETY SECRETARY OF STATE Appropriation...... H 643 185 223 Appropriation, add'l...... S 1333 102 127 Company name, no false government affiliation ...... H 550 167 227 Election laws, miscellaneous amendments ...... H 572 172 245 Executive official/legislator, period before lobbying ...... S 1235 26 - Primary election ballots, contents, ticket ...... S 1371 154 161 State lien, where filed, when lapsed...... H 549 167 226 Trademark, international classification system required...... H 575 167 265 Voting machines, certification by Secretary of State ...... H 491 149227 SECRETARY OF THE SENATE Jennifer Novak, Elected (January 9, 2012 - 2 yr. term) ...... 2 SECURITY See also HOMELAND SECURITY Police protection for Lieutenant Governor and family...... S 1343 120 170 SELF-GOVERNING AGENCIES Department, appropriation, Building Safety Division ...... S 1353 137 162 Department, appropriation, Hispanic Affairs Commission...... S 1354 137 162 Department, appropriation, State Lottery...... S 1350 136 161 Department, appropriation, Veterans Services Division ...... H 654 208 242 Department, appropriation, medical boards ...... S 1352 136 162 Department, appropriation, regulatory boards ...... S 1392 192 216 Libraries Commission, 2011 appropriation revised ...... S 1258 37 60 SENATE See also COMMITTEES, SENATE; See also LEGISLATURE See also SPECIAL COMMITTEES; See also RULES, SENATE Executive official/legislator, period before lobbying ...... S 1235 26 - Gifts to legislators/governor/lt. governor, restricted ...... S 1246 28 - Legislative Legal Defense Fund created ...... H 695 263 269 352 SENATE INDEX

Bill Intro. Vote Number Page Page SENATE (Continued) Senate Rule 39, voting, conflicts, disclosure ...... SR 105 273 280 Senate Rule 53, ethics complaint procedure revised ...... SR 107 274 280 Senate Rule 7, Senate employees at will of Pro Tem...... SR 106 273 280 Senate employees Jeannine Wood & Rusti Horton, honor...... SR 103 24 36 SENATORS Memorial Service, February 20, 2012 - Memoralizing: Former Senator Kenneth Bradshaw...... 106 Former Senator Vearl Crystal ...... 106 Former Senator Don Mackin...... 106 Former Senator William Crutcher ...... 107 Former Senator Warren Israel Merrill ...... 107 Former Senator James McClure ...... 107 Appointments: (by date of Appointment) Johnson, Daniel, Senator Replacement for Senator Joe Stegner, District 7 Certificate of Appointment, Effective December 20, 2011...... 2 Rice, Jim, Senator Replacement for Senator John McGee, District 10 Certificate of Appointment, Effective March 1, 2012 ...... 152 Temporary Appointment: Malloy, Patrick, Acting Senator Temporary Replacement for Senator Shirley McKague, District 20 Certificate of Appointment, Effective January 23, 2012 ...... 30 SENIOR CITIZENS Alzheimer's Disease, support planning group's work ...... SCR 110 19 - Alzheimer's Disease, support planning group's work ...... SCR 112 43 105 Commission on Aging, appropriation ...... S 1375 160 179 Living wills, requirements revised ...... S 1294 71/139 150 Mobility Council created, transportation planning ...... S 1310 83 113 SENTENCING Animal cruelty, cockfighting, repeat offenders, felony ...... S 1303 78/272 121/277 DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Defendants, mental health/substance abuse assessments...... H 648 219 253 Peace officer training, court fee increased to $15...... H 448 115223 Probation time calculation, problem-solving program...... H 475 97 140 Probation, court-ordered tests, payment for...... S 1340 111 151 State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 SEWERS Land application of effluent, government-required...... H 608 182 244 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 SEX OFFENSES AND OFFENDERS Child enticement, Internet/electronic communications...... S 1338 111 161 Child rape, fail to report, prosecution ...... S 1254 35 - Sexual exploitation of a child, technology...... S 1337 110/163 169 Statutory rape, sex offender registration exception ...... S 1341 111 161 SEXUAL OFFENDER MANAGEMENT BOARD Bedal, Dolly Ouita: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Betts, Jeffrey A.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Burnham, Jon Michael: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 SENATE INDEX 353

Bill Intro. Vote Number Page Page Evans, Shane Lee: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 31 Committee Report...... 89 Confirmed by Senate...... 96 Fisher, Jean M.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 Garay, Paula K.:Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 Huff, Charles "Chad" A.:Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 95 Johnston, Michael David:Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 23) ...... 32 Committee Report...... 89 Confirmed by Senate...... 96 SHERIFFS State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 SINE DIE ADJOURNMENT Second Regular Session, March 29, 2012 at 7:10 p.m...... 282 SMOKING Tobacco /substance abuse programs, Millennium Fund ...... S 1408 225 257 SNOWMOBILES See MOTOR VEHICLES SOIL Soil and Water Conservation Commission, appropriation...... H 669 235 261 SOLID WASTES See WASTES SPECIAL COMMITTEES Lincoln Day: Chairmen Vick and Nuxoll ...... 82 Memorial Service: Chairmen Heider and Schmidt...... 106 Ethics: Chairman Mortimer and Senators Hammond, Brackett, Werk, Bilyeu and Schmidt.... 218 SPEED LIMITS Speed limit alteration by local authorities, approval ...... H 619 215 252 Truck speed limit, same as for cars...... S 1229 22 - SPORTS See ATHLETICS STANDING COMMITTEE, ASSIGNMENTS Revised Standing Committee Roster...... 291 Senator Corder, Standing Committee Appointment (January 9, 2012) Local Government and Taxation, Chairman ...... 22 Senator Darrington, Standing Committee Appointment (March 2, 2012) State Affairs ...... 154 Senator Johnson, Standing Committee Appointment (January 9, 2012) Commerce and Human Resources...... 22 Local Government and Taxation ...... 22 Senator Rice, Standing Committee Appointment (March 2, 2012) Local Government and Taxation ...... 154 Transportation ...... 154 Senator Siddoway, Standing Committee Appointment (January 9, 2012) Agricultural Affairs, Chairman...... 22 STATE AGENCIES See GOVERNMENT 354 SENATE INDEX

Bill Intro. Vote Number Page Page

STATE APPELLATE PUBLIC DEFENDER Thomas, Sara B.: Appointment, Member Appointed by Governor/to Judiciary and Rules (Jan. 24) ...... 35 Committee Report...... 115 Confirmed by Senate...... 120 STATE BOARD OF EDUCATION Goesling, William H.: Appointment, Member Appointed by Governor/to Education (Feb. 27) ...... 130 Committee Report...... 211 Confirmed by Senate...... 215 Terrell, Milford: Appointment, Member Appointed by Governor/to Education (Mar. 8)...... 176 Committee Report...... 224 Confirmed by Senate...... 232 STATE BUILDING AUTHORITY Hammond, James C.: Appointment, Member Appointed by Governor/to State Affairs (Jan. 20)...... 26 Committee Report...... 135 Confirmed by Senate...... 142 STATE OF THE JUDICIARY MESSAGE Chief Justice Roger S. Burdick, January 25, 2012 STATE OF THE STATE AND BUDGET ADDRESS Governor C. L. "Butch" Otter, January 9, 2012 STATE SOIL AND WATER CONSERVATION COMMISSION Trebesch, Gerald "Jerry": Appointment, Member Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49 Wright, H. Norman: Appointment, Member Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49 STATE TAX COMMISSION Jackson, Richard W.: Appointment, Member Appointed by Governor/to Local Government and Taxation (Jan. 20)...... 25 Committee Report...... 81 Confirmed by Senate...... 87 STATEHOUSE See CAPITOL STATUTES See CODES STEVENS, DENIS Consul General of Canada, visitor to Senate, March 21, 2012 ...... 231 STUDENTS 8 in 6 program, accelerated student program...... H 426 84/199 221 Ariane Drake and Emily Kladar, exemplary volunteers...... SR 104 171 181 Charter school founder designation, first 180 days...... S 1269 45/226 68 College residency status, military members, dependents ...... H 384 65 88 Military training, credit towards college/licensure ...... S 1299 77 127 Proprietary school disclosures to students required...... S 1234 26 - Rural health care access, physician incentives...... H 393 97 138 Scholarships, dependents of disabled soldiers or police...... H 386 149 226 School graduation requirements, online courses...... S 1328 90 121 Student bullying, education, prevention, reporting...... S 1220 17 - Student harassment/cyberbullying, school policy...... S 1358 142/186 209 Youth athletes, concussion guidelines, requirements...... H 632 192 238 Youth challenge program, alternative school status...... H 662 272 281 SENATE INDEX 355

Bill Intro. Vote Number Page Page

STUDIES Federal health care reform oversight committee...... H 555 137 - Idaho Energy Plan approved, future updates ...... HCR 34 143 166 Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 Wind energy, Energy legislative study committee...... SCR 127 157 - SUBDIVISIONS Professional land surveyor, substitute surveyor...... H 375 72 128 SUBSTANCE ABUSE DUI Enforcement Fund, court fines earmarked for ...... H 449 92 - Defendants, mental health/substance abuse assessments...... H 648 219 253 Drug charges, no venereal disease tests ...... S 1264 42 - Office of Drug Policy, appropriation...... H 686 251267 Prescription tracking program, practitioner duties...... S 1241 27 - Pseudoephedrine, electronic sales tracking system...... S 1309 83 137 Tobacco /substance abuse programs, Millennium Fund ...... S 1408 225 257 SUBSTITUTE SENATORS See also ACTING SENATORS; APPOINTMENTS, SENATORS; SENATORS; Johnson, Daniel, Senator Replacement for Senator Joe Stegner, District 7 Certificate of Appointment, Effective December 20, 2011...... 2 Malloy, Patrick, Substitute Senator Temporary Replacement for Senator Shirley McKague, District 20 Certificate of Appointment (Effective January 23, 2012)...... 30 Rice, Jim, Senator Replacement for Senator John McGee, District 10 Certificate of Appointment, Effective March 1, 2012 ...... 152 SULLIVAN, J. KIRK Appointment, Member: Public Employee Retirement System of Idaho Board Appointed by Governor/to Commerce and Human Resources (Jan. 27) ...... 45 Committee Report...... 153 Confirmed by Senate...... 159 SUPERINTENDENT OF PUBLIC INSTRUCTION See EDUCATION SUPREME COURT See COURTS See also COURTS, JUDICIARY Chief Justice Roger S. Burdick State of the Judiciary Message, January 25, 2012...... 39

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TAX AND TAXATION Barley Commission, tax ceiling, removal of commissioner...... S 1304 78 154 Commission, appropriation...... H 664 219 244 Commission, electronic payment processor authorized...... H 360 35 52 Commission, notices to taxpayers, delivery methods...... H 362 35 52 Commission, salary increase ...... H 645 198 238 Commission, share taxpayer ID numbers with Treasurer...... H 687 251 271 Economic Estimates Commission, excess revenues, tax reduction...... H 559 225 - Oil/gas production tax, liens, distribution of proceeds ...... H 379 97 179 Tax Appeals Board, appropriation...... H 665 219 245 Tax Commission, certain administrative rules rejected ...... HCR 33 111 131 Tax Commission, certain income tax rule rejected...... SCR 113 54 67 Taxing district indebtedness, required bond information...... H 452 126 243 356 SENATE INDEX

Bill Intro. Vote Number Page Page

TAX AND TAXATION, INCOME Credit, agriculture value-added processing facility ...... H 606 241 - Credit, amts paid to other states, requirements...... H 634 198 253 Credit, capital investment, situs, qualifications...... H 438 72 131 Credit, charitable donations, Sun Valley adaptive sport ...... H 488 149 - Credit, charitable donations, special needs recreation ...... S 1216 12 - Credit, charitable donations, special needs recreation ...... H 437 72 - Credit, new employees, requirements ...... H 661 219 264 Credits/deductions, expiration, extension...... S 1248 28 - Deduction, energy efficiency upgrades to homes ...... H 485 149 258 Deduction, medical savings acct, increase maximum...... H 566 185 - Deduction, retirement benefits to retired city police ...... H 364 4268 Income tax deadlines, observe federal holidays...... H 653 208 268 Income tax rate reduced, individual and corporate, 7.4% ...... H 563 154 281 Income tax, notices, delivery methods ...... H 362 35 52 Internal Revenue Code, 2012 edition...... H 355 22 46 Pass-through entities, composite tax return ...... H 582 172 227 Tax Commission, certain income tax rule rejected...... SCR 113 54 67 Taxable income, corporate passive losses...... H 363 42 66 Taxable income, deduct teacher expenses...... H 517 120 162 Term clarification, removal of obsolete language...... H 365 4272 TAX AND TAXATION, PROPERTY Business inventory tax deduction, site improvements...... H 519 126 230 Community Forest Trust pilot program urged ...... SJM 103 85 126 Community Infrastructure District Act, amend ...... H 593 172 238 Forest land values for taxation purposes, calculation...... H 357 35 66 Homeowner's exemption, increase, first $150,000...... S 1249 28 - Homestead exemption, continuance after death...... H 584 208 253 Homestead exemption, owner away on temporary service ...... H 387 97 - Levy election, official statement, required information...... H 576 177 243 Personal property, security interest, tax liens...... S 1357 137/185 205 Property tax exemptions, application, appeals process...... H 356 35 56 Revenue allocation area, tax rate, college maintenance ...... H 562 177 - Tax lien, purchase money security interest ...... S 1315 84 - Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Taxing district, taxable property values, notification...... H 358 35/76 122 Urban renewal plan, modifications, project specificity...... H 507 149 - TAX AND TAXATION, SALES Exemption, parts for privately-owned aircraft ...... H 417 59 138 Exemption, vehicles in interstate commerce, when...... H 361 38 52 Exemptions, expiration, extensions...... S 1248 28 - Use tax exemption for free sampling of beverages ...... H 489 131 162 TEACHING AND TEACHERS Arts learning in schools, support...... HCR 39 150 184 Classroom technology funding, online course webpage...... H 626 193 237 Curriculum/online course and fee approval, rules ...... H 604 172 227 Education Department curriculum library, delete ...... H 521 126 168 Education employee liability insurance, associations...... H 694 263 - Educator qualifications, interstate agreement...... H 394 75131 Idaho Digital Learning Academy, recognize efforts...... SCR 124 134 173 Idaho Education Association, 120 years of service ...... HCR 48 167 184 Leadership awards, disqualification removed ...... H 534 126 168 No Child Left Behind Act, repeal federal law...... HJM 8 143 182 On-line course definition amended...... S 1237 2749 Pay-for-Performance payments, PERSI contributions...... S 1329 90 121 Retired teachers, re-employment, PERSI contributions ...... H 579 154 217 School district employee grievance procedures...... S 1297 75 - School district salary-based apportionments, adjustment ...... S 1331 99 152 School graduation requirements, online courses...... S 1328 90 121 SENATE INDEX 357

Bill Intro. Vote Number Page Page TEACHING AND TEACHERS (Continued) Student bullying, education, prevention, reporting...... S 1220 17 - Student harassment/cyberbullying, school policy...... S 1358 142/186 209 Taxable income, deduct teacher expenses...... H 517 120 162 Teacher conduct investigations, records release ...... H 564 149/233 245 Teacher contracts and benefits, amendments ...... S 1327 89 121 Teacher evaluations, factors, parental input, tests...... S 1224 18 38 Teacher evaluations, student growth, parent input...... S 1217 12 - Teacher funding, future years...... H 698 278 282 Unused sick leave after employment termination...... S 1308 83 114 TELECOMMUNICATIONS Cell phone use while driving, infraction...... S 1251 29 - Electrician license exemption for certain systems ...... H 520 150 - Portable electronics insurance, sales, licensure...... H 649 219 264 Race licensee violations, anticompetitive practices ...... H 536 137 243 Statewide communications executive council, duties...... H 368 97 242 Telegraph service provisions in code repealed ...... S 1272 52 93 Texting violations, enhanced infraction penalty ...... S 1311 83 - Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 TELEVISION Idaho Educational Public Broadcasting System, appropriation...... S 1381 166 194 Video service, franchise authority, regulations ...... H 539 143 244 TERRELL, MILFORD Appointment, Member: State Board of Education Appointed by Governor/to Education (Mar. 8)...... 176 Committee Report...... 224 Confirmed by Senate...... 232 THOMAS, SARA B. Appointment, Member: State Appellate Public Defender Appointed by Governor/to Judiciary and Rules (Jan. 24) ...... 35 Committee Report...... 115 Confirmed by Senate...... 120 TIE VOTE S 1283: Pass Senate, President of the Senate absent...... 117 H 391: Pass to House, President of the Senate voted AYE ...... 124 H 464: Send to the 14th Order, President of the Senate voted AYE ...... 182 TOBACCO Cigarette rolling machines, operator certification...... H 518 172 243 Electronic cigarettes, no sales to minors...... H 405 65 132 Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Public assistance benefit cards, prohibited uses...... H 522 149 226 Tobacco /substance abuse programs, Millennium Fund ...... S 1408 225 257 TORTS Education employee liability insurance, associations...... H 694 263 - Motorbike instruction, property, injuries, immunity...... S 1284 65 - Trade secret misappropriation, damages ...... S 1339 111/186 - TRADE International trade, Commerce Department Secretary...... S 1407 220 229 U.S. - Canada joint action plans, support ...... HJM 13 225 251 TRADEMARKS Trademark, international classification system required...... H 575 167 265 TRANSPORTATION Board, state highway, property access standards ...... S 1347 136 - Bridge safety program, GARVEE funds, reports...... S 1317 87/138 150 Car insurance proof, electronic format...... S 1319 87 137 Cell phone use while driving, infraction...... S 1251 29 - Commercial hazardous waste, road to rail funding ...... S 1313 83 113 Department, appropriation...... S 1394 198 236 Department, federal transit funding recipient, exceptions ...... H 367 65 123 358 SENATE INDEX

Bill Intro. Vote Number Page Page TRANSPORTATION (Continued) Department, funds to update state rail plan ...... H 414 225 258 Highway width exceptions, historic width...... H 628 235 - Idaho driver and identification cards, expiration ...... H 473 97128 License plates, special, Idaho Territory 150 years...... H 472 137 169 License plates, special, prequalification process...... S 1243 27/226 65/252 Mobility Council created, transportation planning ...... S 1310 83 113 Operating fee exemption, certain equipment ...... S 1312 83 121 Pacific Radioactive Materials agreement, repeal ...... S 1270 4572 Parking meters, inactive during legislative session ...... H 480 126 - Public Transportation Advisory Council repealed ...... S 1310 83 113 Speed limit alteration by local authorities, approval ...... H 619 215 252 Student support program, delete legislative audit...... H 498 120 156 Texting violations, enhanced infraction penalty ...... S 1311 83 - Texting while driving prohibited, penalties...... S 1252 29 - Texting while driving prohibited, penalties...... S 1274 56/233 111/253 Traffic safety education program, fees, use...... S 1275 58151 U.S. - Canada joint action plans, support ...... HJM 13 225 251 Union Pacific Railroad, 150th anniversary ...... SCR 130 175184 Vehicle emissions program, waiver, recommendations ...... S 1334 105 - Vehicle online insurance verification system ...... H 540 150 195 Western States Transportation Agreement, name change...... S 1270 45 72 TREASURER, STATE Abandoned/unclaimed property, redemption period ...... H 591 172 245 Appropriation...... H 621 172 213 Executive official/legislator, period before lobbying ...... S 1235 26 - Information shared from Tax Commission, taxpayer ID numbers...... H 687 251 271 Insurance Department, monthly fees statement, recipients...... H 422 154 221 Intermediate care facility fund, adjustment payments ...... H 631 215 257 Public depository, annual report, deadline ...... H 482 126 156 Silver Medallions, intent, no appointments...... S 1270 45 72 Unclaimed property administrator, records exemption...... S 1365 149 173 Unclaimed property, certain donations authorized...... S 1363 148 173 TREBESCH, GERALD "JERRY" Appointment, Member: State Soil and Water Conservation Commission Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49 TREVEY, FRED Appointment, Member: Idaho Fish and Game Commission Appointed by Governor/to Resources and Environment (Jan. 18)...... 20 Committee Report...... 51 Confirmed by Senate...... 55 TRUSTS Pass-through entities, composite tax return ...... H 582 172 227 Veterans Services Division, payee for resident payments ...... H 479 149 257 TYPOGRAPHICAL CORRECTION See also CLERICAL CORRECTION; FLOOR CORRECTIONS; S 1237, Senator Davis: Typographical Correction to Statement of Purpose ...... 49 S 1321, Senator Winder: Typographical Correction to the Bill ...... 178

- U -

UNEMPLOYMENT See EMPLOYMENT SECURITY LAW UNIFORM AND MODEL LAWS Uniform Commercial Code, Secured Transactions, amend...... S 1307 82 113 Uniform Limited Convention Act ...... S 1362 148/189 206 Uniform Securities Act, fraud, diverting investor money ...... H 492 143 167 SENATE INDEX 359

Bill Intro. Vote Number Page Page UNIONS See LABOR UNIVERSITIES See COLLEGES AND UNIVERSITIES UNIVERSITY OF IDAHO See COLLEGES AND UNIVERSITIES URBAN RENEWAL Revenue allocation area, tax rate, college maintenance ...... H 562 177 - Urban renewal agency, delete certain powers...... H 506 115 - Urban renewal plan, modifications, project specificity...... H 507 149 - UTILITIES Idaho Energy Plan approved, future updates ...... HCR 34 143 166 Major energy facilities siting...... S 1250 29 - Power facility, environmental credits, ownership, uses...... S 1364 149 - Public Utilities Commission, Commissioners salary increase...... H 645 198 238 Public Utilities Commission, appropriation ...... H 674 235 261 Public utility regulation, pipeline corporations...... H 462 100 179

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VEHICLES See MOTOR VEHICLES VETERANS Free hunting tags for veterans, qualifications ...... H 461 131 195 General Darrell V. Manning, honor service to state ...... HCR 46 167 251 Hunter education program, military exempt ...... H 496 172 - Military training, credit towards college/licensure ...... S 1299 77 127 Mobility Council created, transportation planning ...... S 1310 83 113 POW/MIA flag flying protocol, Veterans Services Division...... H 44392257 Services Division administer funds for residents in homes...... H 479 149 257 Sgt. Chris Tschida, urge Medal of Honor ...... HJM 7 72 105 State veterans homes, parents of those killed in action...... H 371 72 - Veterans Services Division, appropriation ...... H 654 208 242 VETERINARY MEDICINE Veterinary Medicine Board rule rejected ...... HCR 37 143 177 VICTIMS State victim notification fund, court fee...... H 595 167 209 State victim notification fund, fee, purpose ...... S 1263 4297 VIDEOS See ENTERTAINMENT VISITORS See also LINCOLN DAY; MEMORIAL SERVICE Crapo, Mike, Senator United States Senate (February 22, 2012)...... 117 Risch, Jim, Senator United States Senate (March 12, 2012)...... 185 Labrador, Raul, Congressman United States House of Representatives (March 13, 2012)...... 193 Stevens, Denis, Consul General Consul General of Canada (March 21, 2012) ...... 231 VISUALLY IMPAIRED See BLIND VOCATIONAL REHABILITATION Chronic renal disease, terminate financial assistance ...... S 1326 89 154 Division, appropriation ...... S 1377 160 193 Division, appropriation revised ...... S 1267 45 60 Division, appropriation revised ...... S 1415 256 270 Mobility Council created, transportation planning ...... S 1310 83 113 360 SENATE INDEX

Bill Intro. Vote Number Page Page VOLUNTEERS Ariane Drake and Emily Kladar, exemplary volunteers...... SR 104 171 181 Emergency medical volunteers, recruit and retain...... SCR 131 183 208 VOTE RECONSIDERATION S 1337, Notice Given, Senator Davis ...... 171 S 1321, Notice Given, Senator Winder...... 178 VOTE, TIE See TIE VOTE VOTING AND VOTERS Aviation fields, bond election language removed ...... S 1330 97194 Election laws, miscellaneous amendments ...... H 572 172 245 Irrigation district elections, absentee ballots, procedure...... S 1320 87 - Levy election, official statement, required information...... H 576 177 243 Library District trustees, recall procedure...... S 1323 88/139 150 Presidential primary election, repeal ...... H 391 84 124 Primary election ballots, contents, ticket ...... S 1371 154 161 Taxing district indebtedness, required bond information...... H 452 126 243 Taxing district, legal judgment, voter approval to pay ...... H 697 272 276 Voting machines, certification by Secretary of State ...... H 491 149227 VOTING, CONFLICT, DISCLOSURE See also CONFLICT OF INTEREST Pursuant to Senate Rule 39(H) H 361, Senator Corder...... 52 S 1225, Senators Fulcher, Bilyeu ...... 56 S 1227, Senator Fulcher ...... 60 S 1228, Senator Fulcher ...... 60 S 1226, Senator Goedde ...... 65 SCR 117, Senator Siddoway...... 105 S 1283, Senator Siddoway...... 116 S 1283, Senator Brackett...... 117 S 1312, Senator Keough...... 121 H 418, Senator McKenzie...... 123 S 1305, Senator Siddoway...... 140 S 1344, Senator Broadsword...... 151 S 1331, Senator Cameron...... 152 H 465, Senator Mortimer ...... 167 H 492, Senator Cameron...... 167 S 1271, Senators Brackett, Siddoway ...... 178 H 602, Senator Mortimer ...... 180 S 1360, Senator Winder...... 193 H 464, Senator Pearce...... 199 H 512, Senator Siddoway...... 210 H 523, Senator Cameron...... 222 H 519, Senators Heider, Mortimer, Winder, Fulcher...... 230 H 632, Senator Darrington ...... 238 S 1395, Senator Goedde ...... 238 H 518, Senator Smyser...... 243 H 494, Senator Keough...... 243 H 539, Senator Lodge ...... 244 HJM 13, Senator Tippets ...... 251 H 583, Senator Winder...... 252 H 651, Senator Lodge ...... 258 H 660, Senator Lodge ...... 277

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WAGES Athletic Trainers Board member compensation...... S 1278 59 93 Building Code Board member compensation ...... H 409 97 128 SENATE INDEX 361

Bill Intro. Vote Number Page Page WAGES (Continued) Dietetic Licensure Board member compensation ...... S 1277 59/100 122 Disabled state retiree, commission service allowance...... H 598 154 213 Judges/justices, salary increase...... H 651 219 258 PUC/Tax/Industrial commissioner salary increases ...... H 645 198 238 Pay-for-Performance payments, PERSI contributions...... S 1329 90 121 PERSI definitions, salary excludes travel reimbursement ...... H 418 84123 Public Works Contractors License Board member compensation...... H 409 97 128 Respiratory care licensure board member compensation ...... S 1280 59 93 School district salary-based apportionments, adjustment ...... S 1331 99 152 State Insurance Fund director compensation ...... S 1395 204 238 State employee compensation, 2% change ...... HCR 40 167 - Teacher leadership awards, disqualification removed...... H 534 126 168 WARRANTS Death warrant after execution, return to district court...... S 1265 42 88 Telegraph service provisions in code repealed ...... S 1272 52 93 WART, ESTHER VAN Appointment, Member: Public Charter School Commission Appointed by Governor/to Education (Jan. 30) ...... 48 Committee Report...... 99 Confirmed by Senate...... 109 WASTES Commercial hazardous waste, road to rail funding ...... S 1313 83 113 WATER Canal maintenance, when owners are not liable...... H 398 120 - Canal maintenance, when owners are not liable...... S 1383 172/233 246 City irrigation system extension, no eminent domain ...... S 1379 160 - City irrigation system, extension into area of impact...... S 1287 67 - Ditch work, consent of irrigation dist/corporation...... H 399 120 213 Drainage district, reapportionment of lands benefited...... S 1290 68 127 Drinking Water Professionals, certain rules rejected ...... SCR 115 73 87 Floodplain zoning ordinance, irrigation district work ...... S 1378 160 - Floodplain zoning, excludes canal changes ...... S 1288 68 - Rathdrum Prairie, Comprehensive Aquifer Plan ...... H 396 126 212 Soil and Water Conservation Commission, appropriation...... H 669 235 261 Wastewater, state primacy, legislative study committee...... SCR 116 73 116 WATER RESOURCES DEPARTMENT Appropriation...... S 1389 192 216 Cocolalla Lake, approve minimum lake level ...... SCR 111 34 - Cocolalla Lake, minimum lake level order, reject...... SCR 120 85 136 Ditch work, consent of irrigation dist/corporation...... H 399 120 213 Land application of effluent, government-required...... H 608 182 244 Oil/gas exploration/production, state regulation ...... H 464 105 199 Rathdrum Prairie, Comprehensive Aquifer Plan ...... H 396 126 212 Violations, proceedings to penalize, within 2 years...... H 400 120 213 WEAPONS Firearms, possession by hunters under age 10...... H 543 131 195 Hunter education program, military exempt ...... H 496 172 - Murder 1st degree, firing at occupied homes/vehicles ...... S 1221 17 - U.S. constitutional convention, enumerated topics...... SCR 126 146 - WEIGHTS AND MEASURES Weighmaster fees, deposit to dedicated fund...... H 389 97 144 WELFARE See PUBLIC ASSISTANCE WHITEHEAD, JERRY Appointment, Member: Chair of the Idaho Transportation Board Appointed by Governor/to Transportation (Feb. 3) ...... 64 Committee Report...... 94 Confirmed by Senate...... 99 362 SENATE INDEX

Bill Intro. Vote Number Page Page

WILDLIFE See also ANIMALS Disabled hunter companion, tag exemption, rules...... H 525 131 195 Federal land/species management, state role ...... SJM 105 146 159 Fish and Game Department funds use, winter feeding, depredation...... S 1321 88/163 177 Free hunting tags for veterans, qualifications ...... H 461 131 195 Governor's wildlife partnership special big game tags ...... S 1256 35/251 127/268 Hunt/fish/trap, constitutional right...... SJR 103 34 - Hunt/fish/trap, constitutional right...... SJR 104 47 - Hunt/fish/trap, constitutional right...... SJR 105 94 - Hunt/fish/trap, constitutional right...... SJR 106 104 131 Hunt/fish/trap, constitutional right...... HJR 2 248 265 Hunting from motorized vehicles, prohibit restrictions...... H 542 215 260 Hunting license w/3 day fishing license...... H 459 131 195 Hunting tag, designations to qualified children ...... H 457 131/186 209 Hunting tags, incentive, landowners allowing access...... S 1282 59 - Landowner appreciation hunt tag, sale to others ...... S 1283 59 117 Office of Species Conservation, appropriation ...... S 1382 166194 Sage-grouse, Governor's Task Force on, encourage ...... SCR 125 145 159 Traps for animals, check every 36 hours ...... S 1239 27 - Wolf control after livestock depredation, methods ...... S 1305 79 - Wolf tag, included in hunting license...... H 458 219 260 WILLS Living wills, requirements revised ...... S 1294 71/139 150 WINE See LIQUOR WOLVES See WILDLIFE WOMEN Health and Welfare Department Medicaid rule, tobacco cessation, pregnancy ...... HCR 44 177 - Mildred Rinker Bailey, honor Idaho jazz pioneer...... HCR 49 225 251 Pre-abortion ultrasound required, documentation ...... S 1349 136 - Pre-abortion ultrasound required, documentation ...... S 1387 184 220 WOOD, JEANNINE Retired 2011; recognized for years of service in the Legislature...... 24 36 WORKERS COMPENSATION Firefighter occupational diseases, worker's comp...... S 1336 110/163 185 WRIGHT, H. NORMAN Appointment, Member: State Soil and Water Conservation Commission Appointed by Governor/to Agricultural Affairs (Jan. 18) ...... 21 Committee Report...... 43 Confirmed by Senate...... 49

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YOST, JIM Appointment, Member: Northwest Power and Conservation Council Appointed by Governor/to Resources and Environment (Jan. 20)...... 25 Committee Report...... 86 Confirmed by Senate...... 95

- Z -

ZONING See PLANNING AND ZONING SENATE INDEX 363

SECTION V

NUMERICAL INDEX OF SENATE BILLS The following index lists in numerical order all bills which were introduced in the Senate, together with the name of the author and a brief description of the subject matter. The numbers in the Introduction column cite the page where the complete title may be found and the date of introduction of the bill. The numbers in the Vote or Disposition columns cite the page where the Senate's Final Vote or Final Disposition can be found. Amendments to a bill are noted at the bottom of the subject matter and the number opposite is the page in the Journal where the Senate amendments are recorded. Session Law chapter numbers for bills which became law are also noted. House amendments to Senate bills can be found in the House Journal. Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page

1213 Judiciary and LAW PROCEEDINGS IN MAGISTRATE'S DIVISION - Amends Rules existing law relating to proceedings in Magistrate's Division of the District Court to revise provisions relating to jurors' and witnesses' fees and mileage...... 12 61 119 Session Law Chapter No. 18

1214 Judiciary and LAW IDAHO STATE BAR - Amends existing law relating to the Rules board of commissioners of the Idaho State Bar to provide correct terminology and to establish a license fee for senior members...... 12 92 232 Session Law Chapter No. 81

1215 Judiciary and LAW CORRECTION DEPARTMENT - Repeals, adds to and Rules amends existing law relating to escape or rescue of prisoners to provide that it is unlawful to possess, introduce or remove certain articles into or from correctional facilities, to provide penalties and to define terms...... 12 - 232 Amended in the Senate...... 100 111 Session Law Chapter No. 82

1216 Hammond S Loc Gov INCOME TAX CREDITS - Amends existing law to provide a state income tax credit for donations to specialized needs recreation...... 12 - 14

1217 Education S Educ EDUCATION - Amends existing law relating to education to revise provisions relating to certain evaluations...... 12 - 14

1218 Agricultural S Agric Aff AGRICULTURE - Amends and repeals existing law relating Affairs to agriculture to revise the name of an association; to provide for the withdrawal of a commissioner's appointment; to provide that two or more commission members may make a written request for a meeting; to provide for the solicitation of grants, donations and gifts by the commission; to provide that the commission may require that the executive director or any agent or employee appointed by the commission be bonded; and to revise provisions relating to the maximum tax per bushel on certain wheat...... 14 - 15

1219 Judiciary and LAW JUVENILE CORRECTIONS ACT - Amends existing law Rules relating to the Juvenile Corrections Act...... 16 61 119 Session Law Chapter No. 19 364 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1220 Judiciary and S Educ STUDENT HARASSMENT - Amends and adds to existing Rules law relating to harassment, intimidation or bullying of a student to provide what is included within the term "harassment, intimidation or bullying," to revise who may be found guilty of the offense, to replace discretionary language with mandatory language, to provide an infraction penalty; and to provide requirements for harassment, intimidation and bullying information and professional development...... 17 - 19

1221 Judiciary and S Jud HOMICIDE - Amends existing law relating to homicide to Rules provide additional provisions relating to murder of the first degree...... 17 - 19

1222 Judiciary and LAW JUDGES - Amends and repeals existing law relating to Rules judges to remove obsolete language and to provide correct terminology...... 17 61 119 Session Law Chapter No. 20

1223 Education LAW SCHOOL PROPERTY - Amends existing law relating to school property to authorize the use of vacant land of a school district for certain purposes...... 18 38 102 Session Law Chapter No. 15

1224 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to certain evaluations...... 18 38 55 Session Law Chapter No. 1

1225 Commerce LAW REAL ESTATE LICENSE LAW - Amends existing law and Human relating to Idaho Real Estate License Law to increase the Resources maximum fee amount for a license exam...... 22 56 232 Session Law Chapter No. 87

1226 Commerce LAW REAL ESTATE LICENSE LAW - Amends existing law and Human relating to Idaho Real Estate License Law to increase Resources the maximum premium amount for errors and omissions insurance coverage...... 22 65 232 Session Law Chapter No. 74

1227 Commerce LAW REAL ESTATE LICENSE LAW - Amends existing law and Human relating to Idaho Real Estate License Law to provide Resources additional requirements relating to continuing education classroom hours...... 22 60 232 Session Law Chapter No. 75

1228 Commerce LAW REAL ESTATE LICENSE LAW - Amends existing law and Human relating to Idaho Real Estate License Law to revise a Resources provision relating to the minimum requirements for an individual primary Idaho license; and to remove an obsolete term...... 22 60 232 Session Law Chapter No. 76

1229 Transportation S Transp SPEED LIMITS - Amends existing law to provide that the speed limits for vehicles with five or more axles operating at a gross weight of more than 26,000 pounds shall be the same as for other motor vehicles...... 22 - 23

1230 State Affairs S Jud FOREIGN JUDGMENTS - Amends existing law to revise where copies of foreign judgments shall be filed...... 22 - 23 SENATE INDEX 365

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1231 State Affairs LAW MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM - Amends existing law to provide for a one year waiver from the Motor Vehicle Inspection and Maintenance Program upon certain events occurring...... 22 - 283 Amended in the Senate...... 138 150 Session Law Chapter No. 252

1232 Judiciary and LAW UNIFORM PRUDENT INVESTOR ACT - Amends existing Rules law relating to the Uniform Prudent Investor Act to provide that the provisions of the Uniform Prudent Investor Act shall apply to certain entities and persons to act as a conservator under the laws of the state of Idaho...... 23 61 232 Session Law Chapter No. 88

1233 Judiciary and H Jud GUARDIANS OF MINORS - Amends existing law Rules relating to guardians of minors to revise provisions and to establish additional provisions relating to the termination of a guardianship; and to revise provisions relating to certain resignation, removal, modification and termination proceedings...... 23 61 61

1234 Werk S Educ PROPRIETARY SCHOOLS - Adds to existing law to provide required proprietary school disclosures to students...... 26 - 30

1235 Bock, LeFavour, S St Aff LOBBYING - Amends and adds to existing law to prohibit Bilyeu, lobbying and registration as lobbyists by executive officials Malepeai, or legislators for a period of one year from termination of Schmidt, Werk, office; and to provide penalties for violating the prohibition of Stennett lobbying and registration as lobbyists by executive officials or legislators for a period of one year from termination of office...... 26 - 30

1236 Agricultural LAW AGRICULTURE DEPARTMENT - Amends and repeals Affairs existing law relating to commercial feed to revise provisions relating to registration and to provide for the review of labels; to provide for separate notices for each inspection; and to provide for receipts relating to any sample or samples taken in the course of an inspection...... 26 92 232 Session Law Chapter No. 89

1237 Education LAW EDUCATION - Amends existing law relating to education to revise the definition of "online course."...... 27 49 109 Session Law Chapter No. 16

1238 Schmidt, Bilyeu, S St Aff FINANCIAL DISCLOSURE STATEMENTS - Adds to Bock, LeFavour, existing law to provide a duty to file financial disclosure Malepeai, Werk, statements by public officers and candidates; to provide Stennett content of the statements; to provide an exception; to provide application; to provide duties of the Secretary of State; and to provide criminal and civil penalties...... 27 - 30

1239 Bock, Stennett, S Res/Env FISH AND GAME - Adds to existing law to provide for the Schmidt checking of snares and traps and to provide an exemption..... 27 - 30

1240 Bock S Com/HuRes UNEMPLOYMENT - Amends existing law to authorize family members of corporate officers to be eligible for unemployment insurance benefits under certain circumstances...... 27 - 30 366 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1241 Bock S Health/Wel PRESCRIPTION TRACKING PROGRAM - Amends existing law to provide for review of the Prescription Monitoring Program by practitioners...... 27 - 30

1242 McKague S St Aff PUBLIC EMPLOYEES - Repeals, amends and adds to existing law relating to public employees; repeals law regarding school districts and negotiation agreements and the collective bargaining rights of firefighters; prohibits firefighters from striking or recognizing a picket line ofany labor organization while in the performance of their official duties; and prohibits public sector collective bargaining and public employee strikes...... 27 - 30

1243 Transportation LAW SPECIAL LICENSE PLATES - Amends and adds to existing law to revise provisions regarding special license plate programs...... 27 65 283 Amended in the House (See House Journal) Amended in the House (See House Journal) 252 Session Law Chapter No. 253

1244 Werk, Bilyeu, S St Aff ELECTED OFFICIALS - CONTRIBUTIONS BY Bock, LeFavour, CONTRACTORS - Amends and adds to existing law to Schmidt, provide prohibitions on contributions to state elected officials Stennett by contractors for state goods and services...... 28 - 30

1245 Werk, Bilyeu, S St Aff COOLING-OFF PERIOD - Amends and adds to existing Bock, LeFavour, law to provide a cooling-off period of one year under certain Schmidt, conditions for public officials when they leave public office; Stennett and to provide a civil penalty for violating the cooling-off period by former public officials...... 28 - 30

1246 Werk, Bilyeu, S St Aff CAMPAIGN FINANCE - Adds to existing law relating to Bock, LeFavour, campaign finance and lobbyists to prohibit acceptance of Schmidt certain campaign contributions, to provide exceptions and to provide penalties; and to prohibit gifts to legislators and legislative employees with exceptions and to require a report to the Secretary of State...... 28 - 30

1247 Werk, Bilyeu, S St Aff FAIR ELECTIONS ACT - Amends and adds to existing law Bock, LeFavour, to enact the Idaho Fair Elections Act; to provide an alternative Schmidt campaign financing option; to create a trust fund; to specify terms of participation; to provide for administration of the act; and to provide for violations...... 28 - 30

1248 Werk, Malepeai, S Loc Gov INCOME TAX - Adds to existing law to provide for the Bilyeu, Bock, expiration of income tax credits or deductions or sales tax LeFavour, exemptions unless extended by statute...... Schmidt 28 - 30

1249 Werk, Malepeai, S Loc Gov PROPERTY TAXATION - Amends existing law to provide Bilyeu, Bock, that the first $150,000 of the market value for assessment LeFavour, purposes of the homestead or 50 percent of the market value Schmidt for assessment purposes of the homestead, whichever is the lesser, shall be exempt from property taxation...... 28 - 30 SENATE INDEX 367

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1250 Werk, Malepeai, S St Aff ENERGY FACILITY SITING - Adds to existing law relating Bilyeu, Bock, to energy facility siting to require a siting certificate in certain LeFavour, circumstances, to create a siting panel, to provide authority Schmidt and responsibilities of the panel, to provide for an application for a siting certificate, to provide duties of an applicant upon submittal of an application and to provide duties of the Public Utilities Commission upon receipt of an application...... 29 - 30

1251 Bock and Werk S Transp MOTOR VEHICLES - CELL PHONE USE - Amends and adds to existing law relating to motor vehicles and cellular telephones to prohibit the use of cellular telephones while operating a motor vehicle, to provide exceptions and to provide a penalty...... 29 - 30

1252 Bock and Werk S Transp MOTOR VEHICLES - TEXTING - Amends existing law to provide that texting while driving a motor vehicle shall constitute an infraction...... 29 - 30

1253 Judiciary and LAW SERVICE BY PUBLICATION - AFFIDAVIT - Amends Rules existing law relating to service by publication to allow an affidavit to be used to show that a cause of action exists against the defendant in respect to whom service is made..... 35 68 240 Session Law Chapter No. 98

1254 Judiciary and S Jud INJURY TO CHILDREN - Amends and repeals existing Rules law relating to injury to children to provide for the reporting of abuse, abandonment or neglect, to provide exemptions and to provide penalties; to provide immunity; to provide civil damages for making certain reports in bad faith; and to provide that there is no limitation of time within which a prosecution must be commenced for the failure to report certain offenses...... 35 - 37

1255 Health and LAW RECORDS EXEMPT FROM DISCLOSURE - Amends Welfare existing law relating to records exempt from disclosure to provide that records of investigations prepared by the Department of Health and Welfare shall be exempt from disclosure unless otherwise provided by agency rule...... 35 - 283 Amended in the Senate...... 100 Amended in the Senate...... 138 150 Session Law Chapter No. 300

1256 Resources and LAW SPECIAL BIG GAME AUCTION TAGS - Amends existing Environment law relating to fish and game to provide for special biggame auction tags designated as Governor's wildlife partnership tags...... 35 127 283 Amended in the House (See House Journal) 268 Session Law Chapter No. 254

1257 Finance LAW APPROPRIATION - DEPARTMENT OF ADMINISTRATION - Appropriates an additional $2,092,900 to the Department of Administration for fiscal year 2012; and transfers $490,000 from capital outlay to operating expenditures in the Information Technology Program...... 37 60 91 Session Law Chapter No. 11

1258 Finance LAW APPROPRIATIONS - LIBRARIES - Adjusts the appropriation to the Idaho Commission for Libraries for fiscal year 2012...... 37 6086 Session Law Chapter No. 8 368 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page

1259 Agricultural LAW AGRICULTURE - Amends and repeals existing law relating Affairs to agriculture to revise the name of an association; to provide that members shall serve at the pleasure of the Governor, to provide that the Governor may withdraw a commissioner's appointment upon receipt of the Executive Committee's request for removal; to provide that two or more commission members may make a written request for a meeting; to provide for the solicitation of grants, donations and gifts by the commission; to provide that the commission may require that the executive director or any agent or employee appointed by the commission be bonded; and to revise provisions relating to the maximum tax per bushel on certain wheat...... 37 92 232 Session Law Chapter No. 77

1260 Health and LAW NURSES - Amends existing law relating to nurses to grant Welfare the Board of Nursing the authority to establish alternatives to formal disciplinary action...... 38 112 266 Session Law Chapter No. 139

1261 Health and LAW NURSES - Amends existing law relating to nurses to Welfare provide that the Board of Nursing shall have the power and duty to evaluate and develop, or to enter into contracts or agreements with others to evaluate and develop, the education, distribution and availability of the nursing workforce for the purpose of improving the delivery of quality health care...... 38 112 266 Session Law Chapter No. 140

1262 Health and LAW NURSING - Amends existing law relating to nursing Welfare to require that all applicants for original certification or certification reinstatement as a certified medication assistant submit to a fingerprint-based criminal history check and to provide requirements relating to such criminal history check...... 38 112 266 Session Law Chapter No. 141

1263 Judiciary and H Jud VICTIM NOTIFICATION FUND - Adds to existing law Rules relating to the State Victim Notification Fund to establish a certain fee for victim notification purposes; to establish the State Victim Notification Fund, to provide for the payment of moneys in such fund, to provide certain authority of the director of the Idaho State Police and to provide for the source of moneys for such fund...... 42 97 97

1264 Judiciary and S Jud VENEREAL DISEASES - Amends existing law relating to Rules the control of venereal diseases to revise the enumerated venereal diseases; and to remove the requirement that all persons charged with drug related charges shall be tested for the enumerated venereal diseases...... 42 - 43

1265 Judiciary and LAW EXECUTION - Amends existing law relating to executions to Rules revise provisions relating to the return of a death warrant..... 42 88 232 Session Law Chapter No. 83

1266 Judiciary and LAW EXECUTION - Amends existing law relating to execution to Rules establish additional provisions relating to a stay of execution, to revise provisions and to establish additional provisions relating to certain warrants, to establish additional provisions relating to resetting execution dates and to define a phrase..... 42 88 232 SENATE INDEX 369

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page Session Law Chapter No. 84

1267 Finance LAW APPROPRIATION - VOCATIONAL REHABILITATION - Reduces federal spending authority by $148,300 in the Council for the Deaf and Hard of Hearing, and transfers $84,400 in General Funds from the Renal Disease Services Program to the Council for the Deaf and Hard of Hearing for fiscal year 2012...... 45 6091 Session Law Chapter No. 12

1268 Commerce LAW INSURANCE DEDUCTIBLES - Amends existing law and Human to provide for an increase in permissive deductibles for Resources comprehensive coverage and collision or physical damage coverage as a condition to renewal...... 45 102 232 Session Law Chapter No. 90

1269 Education S Not Concur EDUCATION - PUBLIC CHARTER SCHOOLS - Amends existing law relating to public charter schools to provide that a certain designation shall be made only within a certain period of time...... 45 68 226 Amended in the House (See House Journal)

1270 State Affairs LAW LEGISLATIVE APPOINTMENTS - Amends and repeals existing law relating to legislative appointments to the Pacific States Agreement on Radioactive Materials Transportation Management, the Grant Evaluation Committee of the State Trust Fund for Outdoor Recreation Enhancement and the Idaho Hall of Fame Advisory Board; providing legislative intent that no legislative appointment be made for the purpose of Idaho Commemorative Silver Medallions until the State Treasurer issues a new series of medallions; and to revise the name of the Multistate Highway Transportation Agreement...... 45 72 283 Session Law Chapter No. 255

1271 Resources and LAW LANDS DEPARTMENT - GRAZING LEASES - Adds Environment to existing law relating to the Department of Lands to require applicants for state grazing leases to submit grazing management proposals, to provide requirements for such proposals and to provide for certain exceptions...... 49 178 283 Session Law Chapter No. 256

1272 Judiciary and LAW TELEGRAPHS - Amends and repeals existing law relating Rules to telegraphs to delete provisions relating to telegraphing and to provide that a warrant of arrest may be sent by certain processes; and repealing existing law relating to telegraphic copies of warrants and telegraphic communications...... 52 93 232 Session Law Chapter No. 78

1273 Health and LAW NURSES - Amends existing law relating to nurses to revise Welfare a qualification for an advanced practice registered nursing license; to revise provisions relating to license renewal; and to revise the membership of and term of office for the advisory committee to the board and to revise the duties of the advisory committee...... 52 112 266 Session Law Chapter No. 142 370 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1274 Transportation LAW TEXTING AND DRIVING - Adds to existing law to define a term and to provide infraction penalties for texting while driving with exceptions...... 56 111 283 Amended in the House (See House Journal) 253 Session Law Chapter No. 301

1275 Judiciary and H Jud TRAFFIC SAFETY EDUCATION PROGRAM - Adds Rules to and amends existing law relating to the Traffic Safety Education Program to provide the board of county commissioners in each county as well as to provide cities with the authority to establish a Traffic Safety Education Program, to provide requirements for such program and to provide for the imposition and deposit of certain fees...... 58 151 151

1276 Health and S Health/Wel HEALTH AND WELFARE - ADOPTION SERVICES - Welfare Amends existing law to revise the definition of advertisement, to clarify what constitutes a violation for advertising or placing children for adoption without a license, to provide that advertising or placing children for adoption without a license is a misdemeanor, to provide a criminal penalty, to provide that advertisements shall include an issued license number, to provide requirements for advertisements by an out-of-state entity and to exclude private communications by individuals seeking to adopt or place a child for adoption..... 59 - 81

1277 Health and LAW DIETITIANS - Amends existing law relating to dietitians to Welfare revise the Dietetic Licensure Board member compensation..... 59 - 232 Amended in the Senate...... 100 122 Session Law Chapter No. 91

1278 Health and LAW ATHLETIC TRAINERS - Amends existing law relating to Welfare athletic trainers to revise the compensation for the members of the Idaho Board of Athletic Trainers...... 59 93 232 Session Law Chapter No. 92

1279 Health and LAW H&W - LEGAL GUARDIANS - Amends existing law to Welfare remove references to legal guardians so as not to impose financial liability; and to clarify that a guardian must have legal and physical custody to be liable for failure to supervise a child...... 59 93 283 Session Law Chapter No. 257

1280 Health and LAW RESPIRATORY CARE PRACTICE ACT - Amends existing Welfare law relating to the Respiratory Care Practice Act to revise the licensure board member compensation...... 59 93 283 Session Law Chapter No. 258

1281 Health and S Health/Wel ADOPTION OF CHILDREN - Adds to existing law to Welfare provide a method for biological parents to maintain contact with adoptees, to provide procedures for entering into a contact agreement and to authorize a court to approve, modify and enforce such an agreement...... 59 - 106

1282 Resources and S Res/Env FISH AND GAME - Amends existing law relating to fish and Environment game to provide for special incentive tags to hunt antelope, elk or deer in designated units to certain private landowners; to provide for the use or sale of such tags...... 59 - 268 SENATE INDEX 371

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1283 Resources and S FAILED FISH AND GAME - CONTROLLED HUNT TAGS - Environment Amends existing law relating to fish and game to provide that any landowner issued a Landowner Appreciation Program controlled hunt tag may sell the tag to another person...... 59 117 117

1284 Transportation S Transp MOTORCYCLE, MOTOR-DRIVEN CYCLE OR OFF-HIGHWAY VEHICLE INSTRUCTION - LIABILITY - Adds to existing law to provide conditions when an owner of land where motorcycle instruction, motor-driven cycle instruction or off-highway instruction is given to a student shall be liable for damages or injuries...... 65 - 67

1285 State Affairs H St Aff LOTTERY COMMISSION - Amends existing law to revise how transfers of lottery dividends are made...... 65 126 126

1286 State Affairs LAW BINGO AND RAFFLES - Amends existing law to revise the allowed expenditure percentages for charitable bingo licensees and to revise the allowed expenditure percentage for charitable raffle licensees...... 65 126 283 Session Law Chapter No. 259

1287 Resources and S Res/Env CITY IRRIGATION SYSTEMS - Amends existing law Environment relating to city irrigation systems to authorize cities to establish or extend a city irrigation system in the whole or part of an area of city impact provided an ordinance has been adopted to provide for the establishment or extension of a city irrigation system into the city impact area...... 67 - 70

1288 Resources and S Res/Env FLOOD PROTECTION - Amends existing law relating to Environment flood protection to provide that floodplain zoning ordinances shall not regulate certain changes to improved or unimproved real estate within the right-of-way for any ditch, lateral, drain, diversion structure, pipeline, hydropower facility or other irrigation or drainage works that are performed or authorized by the owner for water delivery, drainage or hydropower purposes...... 68 - 70

1289 Resources and LAW IRRIGATION DISTRICTS - Amends existing law relating Environment to irrigation districts to revise provisions relating to certain appeal procedures...... 68 127 266 Session Law Chapter No. 143

1290 Resources and LAW DRAINAGE DISTRICTS - Amends existing law relating to Environment drainage districts to provide for reapportionment of certain benefits and to revise provisions relating to the apportionment of estimates of the cost of maintenance of drainage districts' drainage systems...... 68 127 255 Session Law Chapter No. 106

1291 Resources and LAW RANGELANDS - Adds to existing law relating to rangelands Environment to provide for the creation of the Rangeland Center in the University of Idaho; to provide for the director of the Rangeland Center; to provide duties and to provide for control by the State Board of Regents through the deans of the Colleges of Natural Resources and Agricultural and Life Sciences; to provide for powers and duties of the Rangeland Center and to provide for a Partner Advisory Council...... 71 113 266 Session Law Chapter No. 144 372 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1292 Judiciary and LAW EXECUTION - Adds to existing law relating to execution to Rules provide that the infliction of the punishment of death shall not be construed as the practice of medicine, to provide certain exemptions and to provide that certain persons and entities are not subject to criminal or civil liability...... 71 112 232 Session Law Chapter No. 85

1293 Health and LAW FOOD STAMPS - Amends existing law to revise the felony Welfare threshold for trafficking food stamps...... 71 161 283 Session Law Chapter No. 260

1294 Health and LAW MEDICAL CONSENT AND NATURAL DEATH ACT - Welfare Amends and adds to existing law relating to the Medical Consent and Natural Death Act to revise provisions relating to people with mental illness or developmental disability; to revise provisions relating to people who may consent to their own care; and to revise provisions relating to people who may give consent to care for others...... 71 - 283 Amended in the Senate...... 139 150 Session Law Chapter No. 302

1295 Health and LAW MASSAGE THERAPISTS - Adds to existing law to provide Welfare for regulation and licensure of massage therapists...... 71 - 283 Amended in the Senate...... 186 206 Session Law Chapter No. 261

1296 Agricultural S Agric Aff LIVESTOCK PROCEEDS - Amends existing law relating Affairs to livestock proceeds to provide that certain moneys that escheat to the state shall be deposited into the State Board of Education's Miscellaneous Revenue Fund for appropriation to certain public education and/or higher education programs as directed by the Idaho Cattle Foundation, Inc...... 74 - 117

1297 Education S Educ EDUCATION - Amending existing law relating to education to revise provisions relating to powers and duties of school districts, to revise provisions relating to certain grievance procedures for school districts and to revise provisions relating to grievance procedures for noncertificated personnel...... 75 - 77

1298 State Affairs LAW CODIFIER CORRECTIONS - Amends existing law to clean up various code sections and to correct typographical errors...... 75 113 255 Session Law Chapter No. 107

1299 Judiciary and LAW MILITARY EDUCATION - Adds to existing law relating Rules to military education training and service to provide that the State Board of Education, the Board of Regents of the University of Idaho, the Board of Trustees of certain community colleges and the State Board for Professional-Technical Education shall develop policies relating to the award of academic credit for certain military education, training or service; and to provide that each of the professional and occupational licensing boards within the Department of Self-Governing Agencies may accept certain military education, training or service toward the qualifications to receive licensure, certification or registration...... 77 127 255 Session Law Chapter No. 108 SENATE INDEX 373

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1300 Judiciary and S Jud CHILD CUSTODY AND VISITATION - Adds to existing Rules law relating to child custody and visitation involving deployed parents to provide that a court may only enter an order or decree temporarily modifying an existing child custody order under certain circumstances, to provide for expedited hearings and the presentation of testimony and evidence by electronic means under certain conditions, and to provide for the reinstatement of custody orders...... 78 - 81

1301 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to the supervision and regulation of certain extracurricular activities...... 78 112 232 Session Law Chapter No. 93

1302 Agricultural H Gen Ord DOGS - Amends, repeals and adds to existing law relating Affairs to dogs to provide for alternative means of identification; to provide for the seizure and impoundment of dogs running at large; to provide for liability regarding dogs attacking or killing animals; to provide for defense against dog attack; to provide for the designation of dangerous dogs and at-risk dogs; to provide for restrictions and requirements; to provide for violations and impoundment; and to provide for the local regulation of certain dogs...... 78 117 117

1303 Agricultural LAW ANIMALS - Amends existing law relating to animals to Affairs provide that specified conduct under certain circumstances shall constitute a felony; to provide for penalties; and to provide that other specified conduct shall constitute misdemeanors...... 78 121 283 Amended in the House (See House Journal) 277 Session Law Chapter No. 262

1304 Agricultural LAW BARLEY COMMISSION - Amends existing law relating to Affairs the Barley Commission to provide that commission members serve at the pleasure of the Governor; to provide that the executive committee of the Idaho State Wheat Growers Association, doing business as the Idaho Grain Producers Association, may request the removal of a commissioner and to provide that the Governor may withdraw a commissioner's appointment; and to revise the tax imposed on certain barley...... 78 154 283 Session Law Chapter No. 263

1305 Agricultural S Res/Env WOLF DEPREDATION - CONTROL - Amends existing Affairs law relating to the control of depredation of wolves to provide that within a specified time period of livestock or domestic animals being molested or attacked, the owner and their employees and agents may control the wolf or wolves from a motorized vehicle at any time of the day or night; to authorize the use of certain equipment; and to provide that in the event USDA-APHIS Wildlife Services or the Idaho Department of Fish and Game verifies a loss of livestock or domestic animals due to wolf depredation, the owner may obtain a permit from the director of the Department of Fish and Game authorizing the owner and their employees and agents to control the wolf or wolves from a motorized vehicle at any time of the day or night...... 79 - 140

1306 Commerce S Com/HuRes LABOR DEPARTMENT - Adds to existing law to add a civil and Human penalty for employers failing to report the hiring or rehiring Resources of employees to the Department of Labor...... 82 - 86 374 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page

1307 Commerce LAW SECURED TRANSACTIONS - Amends and adds to existing and Human law relating to secured transactions to revise definitions, to Resources define terms; to revise control of electronic chattel paper; to revise the location of certain registered organizations, to revise an exception to a financing statement and filing requirement; to provide for the effect on a filed financing statement of change in governing law; to revise terminology, to revise when certain persons take free of a security interest in certain collateral; to revise when a security interest created by a new debtor is subordinated and to revise an exception; to revise the application of certain terms restricting certain assignments; to revise the application of certain terms restricting certain assignments; and revising and adding to other laws relating to secured transactions...... 82 113 266 Session Law Chapter No. 145

1308 Commerce LAW SICK LEAVE - TEACHERS - Amends existing law relating and Human to teachers to revise provisions relating to sick leave rights..... Resources 83 114 247 Session Law Chapter No. 105

1309 Health and LAW PSEUDOEPHEDRINE SALES - Adds to and amends Welfare existing law to revise provisions relating to maximum quantities of pseudoephedrine that can be purchased, to establish an electronic tracking system in the sale of pseudoephedrine products, to provide that retailers shall use an electronic tracking system, to provide exemptions for retailers; to provide for required information, to provide for the use of records gathered, to authorize the board of pharmacy to promulgate and enforce rules and to limit the liability of retailers...... 83 137 283 Session Law Chapter No. 303

1310 Transportation H Transp IDAHO MOBILITY COUNCIL - Adds to and repeals existing law relating to the Idaho Transportation Department to create the Idaho Mobility Council...... 83 113 113

1311 Transportation S Transp MOTOR VEHICLES - Amends existing law relating to motor vehicles to define a term and to provide an enhanced penalty...... 83 - 86

1312 Transportation LAW MOTOR VEHICLES - Amends existing law relating to motor vehicles to provide that specified operating fees shall not apply to certain construction equipment, forestry equipment and lawn and grounds equipment...... 83 121 232 Session Law Chapter No. 86

1313 Transportation LAW HAZARDOUS WASTE - Amends existing law relating to hazardous waste to revise provisions relating to the distribution of certain revenues and to establish provisions relating to remittance of certain moneys...... 83 113 283 Session Law Chapter No. 304

1314 Education LAW INSTITUTIONAL FUNDS - PRUDENT MANAGEMENT - Amends existing law relating to the prudent management of institutional funds to revise provisions and establish additional provisions relating to certain gift instruments...... 84 114 266 Session Law Chapter No. 146 SENATE INDEX 375

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1315 Local S Loc Gov PROPERTY TAXES - Amends existing law relating to Government and property taxes to provide that delinquencies on personal Taxation property taxes shall be first and prior, perpetual liens on specified property, except as to any valid purchase money security interest in the property or as otherwise provided by law...... 84 - 86

1316 Local H Loc Gov PUBLIC FUNDS - Adds to existing law relating to public Government and funds to authorize treasurers for public hospital districts and Taxation treasurers for county hospitals to invest funds generated from operational revenues in certain investments; and to provide that such authorization shall not be construed to enlarge or expand powers of treasurers for public hospital districts or county hospitals to invest funds generated through ad valorem taxes, assessments or levies outside the scope of investments enumerated in specified law...... 84 121 121

1317 State Affairs H Transp HIGHWAYS AND BRIDGES - Amends existing law relating to highways and bridges to revise provisions relating to certain federally funded transportation projects and to provide for a bridge program...... 87 - 150 Amended in the Senate...... 138 150

1318 State Affairs S St Aff RULEMAKING - Amends existing law to provide statutory procedures for negotiated rulemaking and to provide for notices of rulemaking to be placed on an agency's website..... 87 - 91

1319 Judiciary and LAW MOTOR VEHICLES - PROOF OF INSURANCE - Amends Rules existing law relating to motor vehicle financial responsibility to provide that a certain certificate or proof of liability insurance may be produced in paper or electronic format and to provide the acceptable electronic formats...... 87 137 266 Session Law Chapter No. 147

1320 Resources and S Res/Env IRRIGATION DISTRICTS - Adds to existing law relating Environment to irrigation districts to provide requirements relating to voting by absentee ballot; to require electors' oaths and certain designations; and to provide that general election laws relating to absentee ballots shall not apply...... 87 - 91

1321 Resources and LAW FISH AND GAME - Amends existing law relating to fish Environment and game to revise provisions relating to the use of moneys in the winter feeding account; to revise provisions relating to the use of the balance of moneys from a specified source; and to require the Department of Fish and Game to make yearly reports to the Senate Resources and Conservation Committee and the House Resources and Environment Committee detailing how funds in the feeding account have been expended...... 88 - 283 Amended in the Senate...... 163 177 Session Law Chapter No. 342

1322 State Affairs S St Aff BEER - BREWERS - Amends existing law relating to beer to revise a definition; and to revise provisions regarding an exception relating to certain financial interest or ownership or control of certain real property...... 88 - 91

1323 State Affairs LAW LIBRARY DISTRICT TRUSTEES - Amends existing law to revise certain provisions relating to the recall of library district trustees...... 88 - 266 Amended in the Senate...... 139 150 376 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page Session Law Chapter No. 148

1324 Judiciary and LAW ATTORNEY'S FEES - Amends existing law relating to Rules attorney's fees in civil actions to provide that there shall be taxed and allowed to the prevailing party a reasonable amount fixed by the court as attorney's fees in certain actions where the amount pleaded is $35,000 or less...... 89 131 232 Session Law Chapter No. 94

1325 Judiciary and S Jud IDAHO BAIL ACT - Amends existing law relating to the Rules Idaho Bail Act to provide conditions and requirements relating to the release of a defendant upon the posting of a bail bond...... 89 - 91

1326 Health and LAW VOCATIONAL REHABILITATION - Amends and repeals Welfare existing law to revise legislative intent; to provide a termination date for the program to provide treatment to persons suffering from renal diseases; to provide for Medicaid restrictions; and to clarify who may receive certain assistance...... 89 154 283 Session Law Chapter No. 264

1327 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to delivery of a contract, to provide that a designee of the board may declare a position vacant, to revise provisions relating to a district court order and provisions relating to the district placing an employee on involuntary unpaid leave or unpaid suspension; to eliminate language relating to a reduction in force, to revise provisions relating to a category B contract and to revise a date; to revise a provision relating to certificated employees employed pursuant to a grandfathered renewable contract and to revise provisions relating to reassignment of an administrative employee; to revise provisions relating to final offers of settlement, and to revise provisions relating to the subject matter of negotiations and to provide for rules...... 89 121 283 Session Law Chapter No. 265

1328 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to criteria for the distribution of certain moneys; to revise provisions relating to postsecondary credits of dual credit courses and to revise a provision relating to counting average daily attendance; to establish provisions providing that parents or guardians shall not have the right to enroll a student in an online course without certain permission and to establish provisions relating to online course providers reporting average daily attendance...... 90 121 283 Session Law Chapter No. 266

1329 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to certain obligations to retirement and social security benefits; to revise a provision relating to pay for performance bonuses for student achievement growth and to revise certain dates relating to certain certificated employees' new employment contracts, and to establish a provision relating to certain administrative employees' award of pay for performance shares...... 90 121 283 Session Law Chapter No. 267 SENATE INDEX 377

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1330 State Affairs LAW AIR NAVIGATION FACILITIES - Amends existing law relating to air navigation facilities to remove language relating to an election regarding certain bonds...... 97 194 283 Session Law Chapter No. 268

1331 Finance H Educ EDUCATION - Amends existing law relating to education to revise provisions relating to certain adjustments to a district's salary-based apportionment...... 99 152 152

1332 Judiciary and LAW ATTORNEY'S FEES - Amends existing law relating to Rules attorney's fees, witness fees and expenses awarded in certain instances to revise when attorney's fees, witness fees and expenses may be awarded...... 100 151 266 Session Law Chapter No. 149

1333 Finance LAW APPROPRIATION - SECRETARY OF STATE - Appropriates $200,000 to the Secretary of State for fiscal year 2012 to pay for a voter information campaign...... 102 127 197 Session Law Chapter No. 56

1334 State Affairs S Transp MOTOR VEHICLE INSPECTION AND MAINTENANCE PROGRAM - Amends existing law to provide for a repair waiver and a hardship waiver and to provide for recommendations to the Legislature from the director of the Department of Environmental Quality regarding the Motor Vehicle Inspection and Maintenance Program...... 105 - 108

1335 State Affairs LAW IDAHO ENERGY RESOURCES AUTHORITY - Amends existing law to reduce the amount of the surety bonds that officers of the Idaho Energy Resources Authority must execute...... 105 170 266 Session Law Chapter No. 150

1336 State Affairs H St Aff WORKER'S COMPENSATION - Amends existing law relating to worker's compensation to provide that compensation shall be payable for disability or death resulting from certain firefighter occupational diseases, to provide a presumption of proximate causation between specified diseases and employment as a firefighter, to provide for rebuttal of the presumption, to provide for the demonstration of causal connection and to provide that the presumption shall not apply under certain circumstances...... 110 - 185 Amended in the Senate...... 163 185

1337 Judiciary and LAW SEXUAL EXPLOITATION OF A CHILD - Amends and Rules repeals existing law relating to the sexual exploitation of a child to define a term, to revise definitions, to remove code references and to revise provisions relating to sexual exploitation of a child and penalties...... 110 - 283 Amended in the Senate...... 163 169 Session Law Chapter No. 269

1338 Judiciary and LAW CHILD ENTICEMENT - Amends existing law relating to Rules enticing a child to revise provisions relating to enticing a child through use of the internet or other communication device and to provide that it is not necessary for the prosecution to make a certain showing in a certain prosecution...... 111 161 283 Session Law Chapter No. 270 378 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1339 Judiciary and S Jud TRADE SECRETS ACT - Amends existing law relating to Rules the Idaho Trade Secrets Act to revise definitions and to revise provisions relating to damages and fees...... 111 - 226 Amended in the Senate...... 186

1340 Judiciary and LAW COURT ORDERED TESTING - Amends and adds to Rules existing law relating to costs of court ordered testing to revise provisions relating to the costs of certain court ordered testing, to provide requirements for the payment of certain court ordered tests and to provide for a waiver of such requirements...... 111 151 255 Session Law Chapter No. 109

1341 Judiciary and LAW SEXUAL OFFENDER REGISTRATION - Adds to and Rules amends existing law relating to the Sexual Offender Registration Act to remove provisions relating to a certain exemption; to provide a petition process for certain persons to be exempted from the duty to register as a sexual offender, to grant the district court the authority to exempt certain persons from the duty to register as a sexual offender and to allow for expungement...... 111 161 283 Session Law Chapter No. 271

1342 State Affairs S St Aff OPEN ACCESS TO WORK ACT - Adds to existing law relating to public works to provide for the Open Access To Work Act, to provide that the state and political subdivisions that contract for certain public works shall not require contractors, subcontractors, material suppliers and carriers engaged in specified activities associated with public works to pay their employees a predetermined amount of wages or wage rate or a type, amount or rate of employee benefits, to prohibit certain provisions in bid documents, specifications, project agreements and other controlling documents for public works construction contracts and to prohibit certain conduct, to provide for standing by interested parties, to provide for the award of attorney's fees and costs, and to provide that specified provisions do not prohibit or interfere with rights of employers or other parties to enter into agreements or engage in activities protected by the National Labor Relations Act...... 120 - 125

1343 State Affairs LAW STATE POLICE DIRECTOR - Amends existing law to provide additional duties of the director of the Idaho State Police regarding the Lieutenant Governor and Lieutenant Governor's immediate family upon certain circumstances occurring...... 120 170 283 Session Law Chapter No. 272

1344 State Affairs LAW BEER AND BREWERS - Amends existing law relating to beer and brewers to provide that certain brewers may be permitted to have a financial interest in one additional brewery...... 120 151 278 Session Law Chapter No. 191

1345 Finance Lay on Table LIVESTOCK PROCEEDS - Amends existing law relating to livestock proceeds to provide that certain moneys that escheat to the state shall be deposited into the State Board of Education's Miscellaneous Revenue Fund for appropriation to certain public education and/or higher education programs as recommended by the Idaho Cattle Foundation, Inc...... 120 - 122 SENATE INDEX 379

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1346 Finance LAW LIVESTOCK PROCEEDS - Amends existing law relating to livestock proceeds to provide that certain moneys that escheat to the state shall be deposited into the State Board of Education's Miscellaneous Revenue Fund for appropriation to certain public education and/or higher education programs as recommended by the Idaho Cattle Foundation, Inc...... 126 155 266 Session Law Chapter No. 151

1347 State Affairs S Transp TRANSPORTATION BOARD STANDARDS - Amends existing law relating to the Idaho Transportation Board to establish provisions relating to the State Transportation Board establishing standards regarding the location, design and construction of providing access from properties adjacent to state highways, to establish provisions relating to applications for certain permits, to provide for a decision on the record, to provide for findings and to provide for rules...... 136 -142

1348 State Affairs LAW MEDICAL CONSENT AND NATURAL DEATH ACT - Amends existing law to revise provisions relating to health care providers unwilling to conform to the desires of patients and those authorized to consent for them and to prevent the discriminatory denial of certain health care...... 136 - 283 Amended in the Senate...... 200 221 Session Law Chapter No. 305

1349 State Affairs S St Aff ABORTION - Amends existing law relating to abortion to establish provisions relating to certain materials made available to physicians, hospitals or other facilities providing abortion and abortion-related services, to establish provisions relating to a list of health care providers, facilities and clinics that offer to perform certain ultrasounds, to establish provisions relating to a statement regarding certain ultrasound imaging and heart tone monitoring and to establish other related provisions...... 136 - 142

1350 Finance LAW APPROPRIATION - IDAHO STATE LOTTERY - Appropriates $5,274,600 to the State Lottery for fiscal year 2013; limits the number of full-time positions to 47; provides legislative intent with regard to continuous appropriations; and provides guidance for employee compensation and benefits...... 136 161 262 Session Law Chapter No. 127

1351 Finance LAW APPROPRIATION - PUBLIC HEALTH DISTRICTS - Appropriates $8,136,100 to the Public Health Districts for fiscal year 2013...... 136 162 262 Session Law Chapter No. 128

1352 Finance LAW APPROPRIATION - MEDICAL BOARDS - Appropriates $5,377,600 to the Medical Boards for fiscal year 2013; limits the number of full-time equivalent positions to 43.3; and provides guidance for employee compensation and benefits...... 136 162 262 Session Law Chapter No. 129

1353 Finance LAW APPROPRIATION - BUILDING SAFETY - Appropriates $11,230,500 to the Division of Building Safety for fiscal year 2013; limits the number of full-time positions to 131; and provides guidance for employee compensation and benefits...... 137 162 262 Session Law Chapter No. 130 380 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page

1354 Finance LAW APPROPRIATIONS - HISPANIC AFFAIRS - Appropriates $210,900 to the Commission on Hispanic Affairs for fiscal year 2013; limits the number of full-time positions to 3; and provides guidance for employee compensation and benefits...... 137 162 262 Session Law Chapter No. 131

1355 Judiciary and S Transp HIGHWAYS AND RIGHTS-OF-WAY - Amends and adds to Rules existing law relating to highways and rights-of-way to revise provisions relating to an action to quiet title; and to establish provisions relating to the exhaustion of certain procedures..... 137 - 142

1356 Judiciary and LAW HIGHWAY DISTRICTS - Amends existing law relating to Rules highway districts to revise provisions relating to the corporate powers of highway districts...... 137 - 283 Amended in the Senate...... 163 169 Session Law Chapter No. 306

1357 Judiciary and LAW PERSONAL PROPERTY - TAX LIENS - Amends existing Rules law relating to property taxes to provide that a personal property tax lien assessed on specific personal property shall have priority over a purchase money security interest in only that specific personal property...... 137 - 283 Amended in the Senate...... 185 205 Session Law Chapter No. 307

1358 Judiciary and H Educ BULLYING - Adds to and amends existing law to provide Rules for civil and criminal offenses to bullying or cyberbullying against a student and to provide school responsibilities...... 142 - 209 Amended in the Senate...... 186 209

1359 Finance LAW APPROPRIATIONS - ENVIRONMENTAL QUALITY DEPARTMENT - Appropriates an additional $671,200 to the Department of Environmental Quality for fiscal year 2012; appropriates $61,954,400 for fiscal year 2013; limits the number of full-time equivalent positions to 376.05; transfers $1.5 million from the Water Pollution Control Fund to the Environmental Remediation Fund; expresses legislative intent regarding environmental remediation; and provides guidance for employee compensation and benefits...... 143 173 266 Session Law Chapter No. 152

1360 Finance LAW APPROPRIATIONS - ENDOWMENT FUND INVESTMENT BOARD - Amends the appropriation to the Endowment Fund Investment Board for fiscal year 2012; amends legislative intent with regard to transfers from the earnings reserve funds to the income funds for fiscal year 2012; appropriates $607,600 to the Endowment Fund Investment Board for fiscal year 2013; limits the number of full-time equivalent positions to 4; authorizes continuous appropriation authority for certain costs; expresses legislative intent with regard to transfers from the earnings reserve funds to the income funds; and provides guidance for employee compensation and benefits...... 143 193 283 Session Law Chapter No. 273 SENATE INDEX 381

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1361 Finance LAW APPROPRIATIONS - ENERGY RESOURCES - Appropriates an additional $747,200 to the Office of Energy Resources for fiscal year 2012; appropriates $2,626,300 for fiscal year 2013; limits the number of full-time equivalent positions to 14; authorizes certain non-General Fund carryover authority; and provides guidance for employee compensation and benefits...... 143 173 262 Session Law Chapter No. 132

1362 State Affairs S FAILED UNIFORM LIMITED CONVENTION ACT - Adds to existing law to provide the Article V Convention Act or "No Runaway Convention" Act...... 148 - 206 Amended in the Senate...... 189 206

1363 State Affairs LAW UNCLAIMED PROPERTY - Amends existing law to allow for donation of any property, proceeds, interest and other sums payable under the Unclaimed Property Act to certain accounts and funds under the Unclaimed Property Law...... 148 173 283 Session Law Chapter No. 308

1364 State Affairs S St Aff PUBLIC UTILITIES COMMISSION - Adds to existing law to define the authority of the Public Utilities Commission and its jurisdiction over the Environmental Attributes of Public Utility Regulatory Policies Act qualifying facilities...... 149 - 153

1365 State Affairs LAW UNCLAIMED PROPERTY - Amends existing law to provide that personal information related to unclaimed property is exempt from disclosure; and to provide that the audit methodology of the unclaimed property program is exempt from disclosure under the Public Records Act...... 149 173 283 Session Law Chapter No. 309

1366 State Affairs LAW RULEMAKING - Amends existing law to provide statutory procedures for negotiated rulemaking and to provide for notices of rulemaking to be placed on an agency's website..... 149 194 283 Session Law Chapter No. 310

1367 Finance LAW APPROPRIATION - GOVERNOR, EXECUTIVE OFFICE OF - Appropriates $1,910,200 to the Executive Office of the Governor for fiscal year 2013; limits the number of full-time equivalent positions to 26; exempts appropriation object and program transfer limitations; and provides guidance for employee compensation and benefits...... 149 174 262 Session Law Chapter No. 133

1368 Finance LAW APPROPRIATION - LIEUTENANT GOVERNOR - Appropriates $142,800 to the Office of the Lieutenant Governor for fiscal year 2013; limits the number of full-time employees to 3; and provides guidance for employee compensation and benefits...... 149 174 255 Session Law Chapter No. 110

1369 Judiciary and H Com/HuRes LABOR DEPARTMENT - Adds to existing law to add a civil Rules penalty for employers failing to report the hiring or rehiring of employees to the Department of Labor...... 149 194 194 382 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1370 Judiciary and LAW VENEREAL DISEASES - Amends existing law relating to Rules the control of venereal diseases to revise the enumerated venereal diseases, to revise provisions relating to the examination of certain confined persons for venereal diseases, to remove the requirement that all persons charged with drug related charges shall be tested for the enumerated venereal diseases and to revise provisions that require certain persons to be tested for certain venereal diseases...... 149 194 283 Session Law Chapter No. 311

1371 State Affairs LAW PRIMARY ELECTION BALLOTS - Amends existing law to revise the contents of a primary election ballot...... 154 161 197 Session Law Chapter No. 57

1372 State Affairs H St Aff PROCUREMENT - Amends existing law to revise procedures for procurement of public works construction by a political subdivision; and for procuring services or personal property by a political subdivision to provide that once the bid is awarded, all bids and bid documents shall be open to public inspection pursuant to the public records act...... 159 236 236

1373 State Affairs LAW LABOR- Amends and adds to existing law relating to labor to provide exceptions to applicability of certain penalty and civil remedy provisions; to provide for the Open Access to Work Act and to establish provisions relating to the Open Access to Work Act...... 159 199 283 Session Law Chapter No. 312

1374 State Affairs S St Aff HISTORICAL HORSE RACES - Amends existing law relating to horse racing to provide for wagering on historical horse races...... 160 - 165

1375 Finance LAW APPROPRIATION - COMMISSION ON AGING - Appropriates an additional $810,800 to the Commission on Aging for fiscal year 2012; appropriates $13,131,300 tothe Commission on Aging for fiscal year 2013; limits the number of full-time equivalent positions to 14.35; and provides guidance for employee compensation and benefits...... 160 179 262 Session Law Chapter No. 134

1376 Finance LAW APPROPRIATION - STATE INDEPENDENT LIVING COUNCIL - Appropriates an additional $113,000 to the State Independent Living Council for fiscal year 2012; appropriates $978,600 to the State Independent Living Council for fiscal year 2013; limits the number of full-time equivalent positions to 5; and provides guidance for employee compensation and benefits...... 160 193 262 Session Law Chapter No. 135

1377 Finance LAW APPROPRIATION - DIVISION OF VOCATIONAL REHABILITATION - Appropriates an additional $367,000 to the Division of Vocational Rehabilitation for fiscal year 2012; appropriates $25,277,700 to the Division of Vocational Rehabilitation for fiscal year 2013; limits the number of full-time equivalent positions to 151; and provides guidance for employee compensation and benefits...... 160 193 266 Session Law Chapter No. 153 SENATE INDEX 383

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1378 State Affairs S Res/Env FLOODPLAIN ZONING ORDINANCES - Amends existing law relating to floodplain zoning ordinances to provide that floodplain zoning ordinances shall not regulate or require permitting for certain activities relating to irrigation and drainage works performed or authorized by the owner or operator or for specified activities relating to certain irrigation delivery and drainage systems that are performed by an irrigation district, canal company, lateral ditch water users' association, drainage district or other legal entity that owns and/or operates the irrigation delivery system or drainage system in accordance with specified law...... 160 - 165

1379 State Affairs S St Aff CITY IRRIGATION SYSTEMS - Amends existing law relating to city irrigation systems to prohibit specified acquisitions through the power of eminent domain and to authorize cities to establish and extend city irrigation systems in certain areas of city impact...... 160 - 165

1380 Judiciary and H Jud CHILD CUSTORY ORDERS - SERVICEMEMBERS - Rules Adds to existing law relating to child custody to provide a procedure for the court in the event a petition for modification of a child custody order is filed where the action may be subject to the Servicemembers Civil Relief Act, to provide that in those actions where the Act does apply, the court may only temporarily modify the existing child custody order during the period of deployment, to provide for expiration of such temporary order, to provide for expedited hearings and to provide for the presentation of testimony and evidence by electronic means in certain actions...... 166 - 226 Amended in the Senate...... 209 226

1381 Finance LAW APPPROPRIATION - EDUCATIONAL PUBLIC BROADCASTING - Appropriates $2,552,700 to Educational Public Broadcasting for fiscal year 2013; limits the number of full-time equivalent positions to 31; and provides guidance for employee compensation and benefits...... 166 194 266 Session Law Chapter No. 154

1382 Finance LAW APPROPRIATION - OFFICE OF SPECIES CONSERVATION - Appropriates $13,231,300 to the Office of Species Conservation for fiscal year 2013; limits the number of full-time equivalent positions to 12; and provides guidance for employee compensation and benefits...... 166 194 262 Session Law Chapter No. 136

1383 State Affairs LAW DITCHES - CANALS - CONDUITS - Amends existing law relating to the maintenance and repair of ditches, canals and conduits to provide that specified duties relating to ditches, canals and conduits require reasonable care only and do not impose strict liability or enlarge liability of owners, to provide that owners shall not be liable for specified damages or injuries; to provide that specified duties relating to ditches, canals, works and aqueducts require reasonable care only and do not impose strict liability or enlarge liability of owners; to provide that owners and constructors shall not be liable for specified damages or injuries and to provide that specified law shall not be construed to impair any defense that an owner or constructor of a ditch, canal, works or other aqueduct may assert in a civil action...... 172 - 283 Amended in the Senate...... 133 146 Amended in the Senate...... 233 246 384 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page Session Law Chapter No. 274

1384 Finance LAW APPROPRIATION - LABOR DEPARTMENT - Appropriates $5,723,200 to the Department of Labor for fiscal year 2013; appropriates $413,100 to reauthorize Reed Act moneys; limits the number of full-time equivalent positions to 31.1; and provides guidance for state employee compensation and benefits...... 176 203 262 Session Law Chapter No. 137

1385 Judiciary and S St Aff APPORTIONMENT PLANS - Adds to existing law to Rules provide a process for challenge of an apportionment plan adopted by the Commission on Reapportionment and to provide for rules of the Idaho Supreme Court governing such challenge...... 177 - 181

1386 State Affairs LAW CIVIL AIR PATROL - Adds to existing law relating to the Military Division and the Idaho Directorate of Civil Air Patrol to establish the Idaho Directorate of Civil Air Patrol, to provide for a mission of the Directorate and to provide for certain in-kind services...... 184 254 283 Session Law Chapter No. 313

1387 State Affairs H St Aff ABORTION - Amends existing law relating to abortion to establish provisions relating to certain materials made available to physicians, hospitals or other facilities providing abortion and abortion-related services, to establish provisions relating to a list of health care providers, facilities and clinics that offer to perform certain ultrasounds, to establish provisions relating to a statement regarding certain ultrasound imaging and heart tone monitoring and to establish other related provisions...... 184 220 220

1388 Finance LAW APPROPRIATION - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED - Appropriates an additional $217,500 to the Commission for the Blind and Visually Impaired for fiscal year 2012; appropriates $4,173,300 tothe Commission for the Blind and Visually Impaired for fiscal year 2013; limits the number of full-time equivalent positions to 39; and provides guidance for employee compensation and benefits...... 192 216 283 Session Law Chapter No. 275

1389 Finance LAW APPROPRIATION - DEPARTMENT OF WATER RESOURCES - Appropriates an additional $25,000 to the Department of Water Resources for fiscal year 2012; appropriates $20,689,400 for fiscal year 2013; limits the number of full-time equivalent positions to 159; provides guidance for employee compensation; appropriates and transfers $1,232,000 from the Revolving Development Fund to the Secondary Aquifer Planning, Management, and Implementation Fund; and provides legislative intent with regard to funding certain water right filing fees...... 192 216 283 Session Law Chapter No. 276 SENATE INDEX 385

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1390 Judiciary and LAW CERTIFICATES OF INSURANCE - Adds to and amends Rules existing law relating to certificates of insurance to provide definitions, to provide that no person may prepare, issueor knowingly request the issuance of a certificate of insurance unless a form has been filed with the director, to provide that no person may alter or modify a certificate of insurance unless the alteration or modification has been filed with the director, to establish provisions relating to the director disapproving the use of a form or withdrawing approval of a form, to provide that each certificate of insurance must contain a statement, to establish provisions relating to certificates of insurance; and to revise provisions relating to binders or other contracts for temporary insurance...... 192 - 283 Amended in the Senate...... 228 236 Session Law Chapter No. 314

1391 Finance LAW APPROPRIATION - STATE LIQUOR DIVISION - Appropriates $16,735,900 to the State Liquor Division for fiscal year 2013; limits the number of full-time equivalent positions to 205; and provides guidance for employee compensation and benefits...... 192 216 283 Session Law Chapter No. 277

1392 Finance LAW APPROPRIATION - REGULATORY BOARDS, SELF-GOVERNING - Appropriates $7,529,200 to the Regulatory Boards for fiscal year 2013; limits the number of full-time equivalent positions to 65; and provides guidance for state employee compensation and benefits...... 192 216 283 Session Law Chapter No. 278

1393 Finance LAW APPROPRIATION - STATE CONTROLLER - Appropriates $13,407,200 to the State Controller for fiscal year 2013; limits the number of full-time equivalent positions to 96; provides guidance for employee compensation and benefits; provides for the recovery of State Controller service costs to the General Fund; provides for non-General Fund reappropriation; and provides for General Fund reappropriation...... 198 236 283 Session Law Chapter No. 315

1394 Finance LAW APPROPRIATION – IDAHO TRANSPORTATION DEPARTMENT - Appropriates $532,184,600 to the Idaho Transportation Department for fiscal year 2013; limits the number of full-time equivalent positions to 1,827.50; provides guidance for employee compensation and benefits; expresses legislative intent with regard to certain transfers being continuously appropriated funds; authorizes the transfer of highway funds to the Tourism and Promotion Fund; provides reappropriation for contract construction and right-of-way acquisition; provides reappropriation for airport development grants; provides reappropriation for American Recovery and Reinvestment Act funds; and authorizes a transfer of funds for debt service...... 198 236 283 Session Law Chapter No. 279

1395 State Affairs LAW STATE INSURANCE FUND - BOARD OF DIRECTORS - Amends existing law relating to the Board of Directors of the State Insurance Fund to revise board member compensation...... 204 238 283 Session Law Chapter No. 280 386 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1396 Finance LAW APPROPRIATION - JUVENILE CORRECTIONS DEPARTMENT - Amends Section 2, Chapter 297, Laws of 2011, to shift $121,400 for community-based substance abuse treatment services from trustee and benefit payments to personnel costs and operating expenditures; authorizes one additional full-time equivalent position for fiscal year 2012; appropriates $48,136,300 to the Department of Juvenile Corrections for fiscal year 2013; limits the number of authorized full-time equivalent positions to 394; exempts the department from object and program transfer limitations; and provides guidance for employee compensation and benefits...... 204 236 283 Session Law Chapter No. 281

1397 Finance LAW APPROPRIATION - STATE BOARD OF EDUCATION FOR COMMUNITY COLLEGES - Appropriates $28,349,900 to the State Board of Education for Community Colleges for fiscal year 2013; provides guidance for employee compensation and benefits; and exempts the appropriation from object and program transfer limitations...... 204 237 283 Session Law Chapter No. 282

1398 Finance LAW APPROPRIATION - OFFICE OF THE STATE BOARD OF EDUCATION - Appropriates $4,508,300 to the Office of the State Board of Education for fiscal year 2013; limits the number of full-time equivalent positions to 23.75; and provides guidance for employee compensation and benefits...... 204 237 283 Session Law Chapter No. 283

1399 Finance LAW APPROPRIATION - PERMANENT BUILDING FUND - Appropriates $22,614,500 to the Division of Public Works for the Permanent Building Fund for fiscal year 2013; authorizes and directs the allocation of funds for the various projects specified; provides legislative intent relating to utilization of matching funds; exempts the appropriation from the provisions of Chapter 36, Title 67, Idaho Code, and from the provisions of section 67-3516, Idaho Code; authorizes the use of tax anticipation notes; and provides legislative intent relating to the reallocation of project savings...... 205 237 283 Session Law Chapter No. 284

1400 Finance LAW APPROPRIATION - IDAHO STATE CAPITOL COMMISSION - Appropriates $327,200 to the Idaho State Capitol Commission for fiscal year 2013; and reappropriates certain unexpended and unencumbered balances...... 205 237 283 Session Law Chapter No. 285

1401 Finance LAW APPROPRIATION - LEGISLATIVE COUNCIL - Appropriates $6,479,800 to the Legislative Council for fiscal year 2013; exempts the appropriation from object and program transfer limitations; reappropriates non-General Fund unexpended and unencumbered balances; limits General Fund transfers to the Legislative Fund to $5,846,000 for fiscal year 2013; creates and appropriates the Legislative Capitol Facilities Fund; and provides guidance for employee compensation and benefits...... 215 242 283 Session Law Chapter No. 316 SENATE INDEX 387

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1402 Finance LAW APPROPRIATION - FINANCIAL MANAGEMENT DIVISION - Appropriates $1,578,400 to the Division of Financial Management for fiscal year 2013; limits the number of authorized full-time equivalent positions to 17; and provides guidance for employee compensation and benefits...... 215 242 283 Session Law Chapter No. 286

1403 Finance LAW APPROPRIATION - SUPERINTENDENT OF PUBLIC INSTRUCTION - Appropriates $46,389,900 to the Superintendent of Public Instruction for fiscal year 2013; limits the number of full-time equivalent positions to 142; and provides guidance for employee compensation and benefits...... 215 248 283 Session Law Chapter No. 287

1404 Finance LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates $142,736,300 to the divisions of Service Integration, Welfare, and Medically Indigent Administration within the Department of Health and Welfare for fiscal year 2013; limits the number of authorized full-time equivalent positions to 628.81 for those three divisions; provides legislative intent; and provides guidance for employee compensation and benefits...... 219 246 283 Session Law Chapter No. 288

1405 Finance LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates $80,761,600 to the divisions of Mental Health, Psychiatric Hospitalization, and Substance Abuse Treatment and Prevention for fiscal year 2013; limits the number of full-time equivalent positions for the three divisions to 662.83; provides legislative intent; and provides guidance for employee compensation and benefits...... 219 247 283 Session Law Chapter No. 289

1406 Finance LAW APPROPRIATION - DEPARTMENT OF ADMINISTRATION - Appropriates $62,900 to the Department of Administration for the Information Technology Program for fiscal year 2012; appropriates $150,000 to the Department of Administration for the Insurance Management Program for fiscal year 2012; authorizes 3 additional full-time equivalent positions for fiscal year 2012; appropriates $23,426,000 to the Department of Administration for fiscal year 2013; limits the number of authorized full-time equivalent positions to 150.75; provides guidance for employee compensation and benefits; and appropriates and transfers $2,737,500 from the Permanent Building Fund to cover elected officials' Capitol Mall Facilities payment for fiscal year 2013...... 219 252 283 Session Law Chapter No. 290

1407 State Affairs LAW DEPARTMENT OF COMMERCE - Amends existing law to provide that for the purposes of international trade, the director of the Department of Commerce may use the title of Secretary of the Department...... 220 229 283 Session Law Chapter No. 291 388 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1408 Finance LAW APPROPRIATION - MILLENNIUM FUND - Appropriates and transfers $161,000 from the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund for fiscal year 2012 for the purpose of repaying prior year investment management consulting fees that were paid in error from the Idaho Millennium Permanent Endowment Fund from fiscal years 2009-2011; appropriates and transfers $80,000 from the Idaho Millennium Fund to the Idaho Millennium Income Fund for appropriation to the State Treasurer for fiscal year 2012; appropriates an additional $80,000 tothe State Treasurer for fiscal year 2012 to cover investment management fees for fiscal year 2012; appropriates and distributes a total of $5,714,400 from the Idaho Millennium Income Fund for fiscal year 2013; and provides that certain unexpended and unencumbered moneys shall revert to the Idaho Millennium Income Fund at the end of fiscal year 2013...... 225 257 283 Session Law Chapter No. 317

1409 Finance LAW APPROPRIATION - DEPARTMENT OF COMMERCE - Appropriates $40,033,300 to the Department of Commerce for fiscal year 2013; limits the number of full-time equivalent positions to 53; provides guidance for employee compensation and benefits; and provides legislative intent for grants from the Idaho Global Entrepreneurial Mission and Business and Jobs Development...... 234 257 283 Session Law Chapter No. 292

1410 Finance LAW APPROPRIATION - PUBLIC SCHOOLS - Appropriating an additional $10,470,200 of federal Education Jobs Fund moneys to Public Schools for fiscal year 2012; appropriating $1,566,813,100 to Public Schools for fiscal year 2013; adjusting base and minimum salaries; providing legislative intent; and providing carryover authority of non-General Funds...... 235 257 283 Session Law Chapter No. 293

1411 Judiciary and S Jud GARNISHMENTS - Amends and adds to existing law to Rules provide that a serving attorney has certain duties and powers relating to garnishments...... 241 - 250

1412 Finance LAW APPROPRIATION - IDAHO STATE POLICE - TRAILER - Appropriates an additional $1,500,000 to the Idaho State Police, for Law Enforcement Programs, from the Alcohol Beverage Control Fund for fiscal year 2013; authorizes an additional 12 positions; and exempts the appropriation from object and program transfer limitations...... 251 268 283 Session Law Chapter No. 294

1413 Finance LAW APPROPRIATION - CONSTITUTIONAL DEFENSE COUNCIL FUND - Appropriates and transfers $500,000 from the General Fund to the Constitutional Defense Council Fund on July 2, 2012...... 251 268 283 Session Law Chapter No. 295 SENATE INDEX 389

Senate Introduced Final Subject Intro- Senate Final Bill by Action Matter duction Vote Disp. Page Page Page 1414 Finance LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates $89,725,800 to the divisions of Child Welfare and Developmentally Disabled Services in the Department of Health and Welfare; limits the number of full-time equivalent positions for the two divisions to 809.78; provides legislative intent; and provides guidance for employee compensation and benefits...... 251 268 283 Session Law Chapter No. 296

1415 Finance LAW APPROPRIATION - DIVISION OF VOCATIONAL REHABILITATION - Appropriates an additional $3,000 from the General Fund to the Council for the Deaf and Hard of Hearing in the Division of Vocational Rehabilitation for fiscal year 2012. Transfers $30,000 from the General Fund to the Council for the Deaf and Hard of Hearing from the Vocational Rehabilitation Program and the Renal Disease Services Program within the Division of Vocational Rehabilitation...... 256 270 283 Session Law Chapter No. 297

1416 Finance LAW APPROPRIATION - STATE HISTORICAL SOCIETY - DEPARTMENT OF ADMINISTRATION - STATE RECORDS CENTER - Transfers moneys from the Federal Grant Fund to the Records Management Service Fund within the Idaho State Historical Society for fiscal year 2013; appropriates an additional $323,400 to the Idaho State Historical Society for fiscal year 2013; authorizes two additional full-time equivalent positions for the Idaho State Historical Society for fiscal year 2013; reduces the appropriation to the Department of Administration by $237,000 for fiscal year 2013; and reduces the number of full-time equivalent positions by two for the Department of Administration for fiscal year 2013...... 256 270 283 Session Law Chapter No. 298 390 SENATE INDEX

SECTION VI

SENATE JOINT RESOLUTIONS Senate Introduced Final Subject Intro- Senate Final Joint by Action Matter duction Vote Disp. Resolution Page Page Page

102 Judiciary and Rules ADOPTED CONTROL OVER STATE PRISONS - Proposing an amendment to Section 5, Article X, of the Constitution of the State of Idaho, relating to the control over state prisons; to provide that the State Board of Correction shall have the control, direction and management of adult felony probation and parole...... 11 33 74

103 Resources and S Res/Env RIGHT TO HUNT, FISH AND TRAP - Proposing a Environment new section to the Constitution of the State of Idaho to provide that hunting, fishing and trapping are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people; to provide that the exercise of this right by the people shall not be prohibited but shall be subject to the laws, rules and proclamations of the state; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, and shall not lead to a diminution of other private rights...... 34 - 37

104 Resources and S Res/Env RIGHTS TO HUNT, FISH AND TRAP - Proposing a Environment new section to the Constitution of the State of Idaho to provide that the rights to hunt, fish and trap are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people through the laws, rules and proclamations of the state; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, and shall not lead to a diminution of other private rights...... 47 - 129

105 State Affairs S Res/Env RIGHTS TO HUNT, FISH AND TRAP - Proposing a new section to the Constitution of the State of Idaho to provide that the rights to hunt, fish and trap are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations of the state; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, and shall not lead to a diminution of other private rights...... 94 - 95

106 State Affairs H Res/Con RIGHTS TO HUNT, FISH AND TRAP - Proposing a new section to the Constitution of the State of Idaho to provide that the rights to hunt, fish and trap are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations of the state; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, and shall not lead to a diminution of other private rights..... 104 131 131 SENATE INDEX 391

SECTION VII

SENATE JOINT MEMORIALS Senate Introduced Final Subject Intro- Senate Final Joint by Action Matter duction Vote Disp. Memorial Page Page Page

103 Resources and ADOPTED COMMUNITY FOREST TRUST PILOT - Stating the Environment findings of the Legislature and urging the Congress of the United States to endorse and enact a Community Forest Trust pilot for Idaho and urging the Congress of the United States to reauthorize and extend the Secure Rural Schools and Community Self-Determination Act of 2008 for an additional ten-year period and that the act be continued at federal fiscal year 2008 funding levels...... 85 126 269

104 State Affairs ADOPTED HEALTH AND HUMAN SERVICES REGULATION - Stating findings of the Legislature and requesting that the President and Congress reject a Health and Human Services regulation requiring private health insurance plans to cover costs of female surgical sterilization and all drugs and devices approved by the United States Food and Drug Administration, including contraceptives and the "morning-after pill." ...... 133 148 269

105 State Affairs ADOPTED FEDERAL LAW - ROLE OF STATES - Stating findings of the Legislature and urging Congress to reexamine, reform and reauthorize the Endangered Species Act, the National Environmental Policy Act, the Equal Access to Justice Act and any other federal law that disrespects the role of states and local governments in land management decisions and leads to costly and frivolous lawsuits that strip authority from Congress and place it in the hands of the judiciary...... 146 159 269 392 SENATE INDEX

SECTION VIII

SENATE RESOLUTIONS Senate Introduced Final Subject Intro- Senate Final Resolution by Action Matter duction Vote Disp. Page Page Page

103 State Affairs ADOPTED JEANNINE WOOD - RUSTI HORTON - HONORED - Stating findings of the Legislature and recognizing, honoring and commending Jeannine Wood and Rusti Horton for their years of service to the Idaho Legislature...... 24 36 36

104 State Affairs ADOPTED ARIANE DRAKE AND EMILY KLADAR - Stating the findings of the Legislature, congratulating and honoring Ariane Drake and Emily Kladar as recipients of the Prudential Spirit of Community Award, and recognizing their outstanding record of volunteer service, peer leadership and community spirit...... 171 181 181

105 Judiciary and ADOPTED SENATE RULE 39 - Stating findings of the Senate and Rules amending Senate Rule 39 relating to voting...... 273 280 280

106 Judiciary and ADOPTED SENATE RULE 7 - Stating findings of the Senate and Rules amending Senate Rule 7 relating to employees of the Senate...... 273 280 280

107 Judiciary and ADOPTED SENATE RULE 53 - Stating findings of the Senate and Rules amending Senate Rule 53 to revise the workings of the Committee on Ethics...... 274 280 280 SENATE INDEX 393

SECTION X

SENATE CONCURRENT RESOLUTIONS Senate Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

110 Health and Welfare S Health/Wel ALZHEIMER'S PLANNING GROUP - Stating findings of the Legislature and acknowledging the seriousness of Alzheimer's disease and other dementias in Idaho by endorsing the Idaho Alzheimer's Planning Group and supporting its comprehensive approach to the development of a statewide plan to address the needs of people with Alzheimer's disease and other dementias, their family members and caregivers...... 19 - 23

111 Resources and S Res/Env COCOLALLA LAKE - BONNER COUNTY Environment - Stating the findings of the Legislature and approving application to appropriate water for minimum lake level relating to Cocolalla Lake in Bonner County...... 34 - 49

112 Health and Welfare ADOPTED ALZHEIMER'S PLANNING GROUP - Stating findings of the Legislature and acknowledging the seriousness of Alzheimer's disease and other dementias in Idaho by endorsing the Idaho Alzheimer's Planning Group and supporting its comprehensive approach to the development of a statewide plan to address the needs of people with Alzheimer's disease and other dementias, their family members and caregivers...... 43 105 259

113 Local Government and H W/M TAX COMMISSION - RULES REJECTED - Taxation Stating findings of the Legislature and rejecting certain rules of the State Tax Commission relating to Income Tax Administrative Rules..... 54 67 67

114 Health and Welfare ADOPTED HEALTH AND WELFARE - RULES REJECTED - Stating findings of the Legislature and rejecting certain rules of the Department of Health and Welfare relating to Medicaid Enhanced Plan Benefits...... 73 87 259

115 Health and Welfare ADOPTED BUREAU OF OCCUPATIONAL LICENSES - RULE REJECTED - Stating findings of the Legislature and rejecting a certain rule of the Bureau of Occupational Licenses relating to Rules of the Board of Drinking Water and Wastewater Professionals...... 73 87 259

116 State Affairs H 3rd Rdg WASTEWATER DISCHARGE - STUDY - Stating findings of the Legislature and authorizing the Legislative Council to appoint an interim legislative study of the feasibility and means necessary on what would be needed for the State of Idaho to obtain primacy over regulation of wastewater discharges to surface water...... 73 116 116 394 SENATE INDEX

Senate Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page 117 Agricultural Affairs ADOPTED AGRICULTURE DEPARTMENT - RULE REJECTED - Stating findings of the Legislature and rejecting a certain rule of the Department of Agriculture relating to Rules Governing the Importation of Animals...... 80 105 259

118 Commerce and Human ADOPTED BUILDING SAFETY DIVISION - RULE Resources REJECTED - Stating findings of the Legislature and rejecting a certain rule docket of the Division of Building Safety relating to Rules Governing the Use of the National Electrical Code...... 80 92 259

119 Commerce and Human ADOPTED GROUP INSURANCE - RULE REJECTED Resources - Stating findings of the Legislature and rejecting a certain rule of the Department of Administration relating to rules governing group insurance...... 80 95 259

120 Resources and ADOPTED COCOLALLA LAKE - BONNER COUNTY - Environment Stating findings of the Legislature and rejecting application to appropriate water for minimum lake level relating to Cocolalla Lake in Bonner County...... 85 136 259

121 State Affairs ADOPTED FISH AND GAME - RULE REJECTED - Stating findings of the Legislature and rejecting a certain rule docket of the Idaho Fish and Game Commission relating to Rules Governing Licensing...... 118 130 259

122 Judiciary and Rules ADOPTED STATE POLICE - RULES REJECTED - Stating findings of the Legislature and rejecting certain rules of the Idaho State Police relating to Rules of the Idaho Peace Officer Standards and Training Council...... 118 131 259

123 State Affairs ADOPTED BILLINGSLEY CREEK - Stating findings of the Legislature and authorizing the Department of Parks and Recreation to enter into agreements with the Idaho State Building Authority to restructure financing of certain bonds issued to acquire properties along Billingsley Creek in Hagerman Valley and to facilitate the exchange of property...... 134 148 262

124 Judiciary and Rules ADOPTED IDAHO DIGITAL LEARNING ACADEMY - Stating findings of the Legislature and recognizing the efforts and achievements of the Idaho Digital Learning Academy...... 134 173 259

125 State Affairs ADOPTED SAGE-GROUSE TASK FORCE - Stating the findings of the Legislature and endorsing and encouraging Governor C.L. "Butch" Otter in his efforts moving forward with the Governor's Sage-Grouse Task Force...... 145 159 269 SENATE INDEX 395

Senate Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page 126 State Affairs S St Aff CONSTITUTIONAL CONVENTIONS - Stating findings of the Legislature and making Application to the Congress of the United States calling for a convention proposing amendments to the U.S. Constitution limited to specific subjects...... 146 - 153

127 State Affairs S St Aff WIND FARMS - Stating legislative findings and instructing the Legislative Council Interim Committee on Energy, Environment and Technology to study the effects of wind farms in Idaho and the ownership of environmental attributes of qualifying facilities...... 157 - 181

128 State Affairs ADOPTED ADMINISTRATIVE RULES - Stating legislative findings and approving administrative rules that impose a fee or charge, with stated exceptions, and rejecting agency rules that impose a fee or charge that are not approved by this or by separate concurrent resolution...... 157 177 259

129 State Affairs ADOPTED TEMPORARY RULES - Stating legislative findings and approving and extending temporary rules reviewed by the Legislature, with stated exceptions...... 158 177 259

130 Judiciary and Rules ADOPTED UNION PACIFIC RAILROAD - Stating findings of the Legislature and recognizing the achievements of the Union Pacific Railroad on its 150th Anniversary...... 175 184 269

131 State Affairs ADOPTED VOLUNTEER EMERGENCY MEDICAL SERVICES PROVIDERS - Stating findings of the Legislature and encouraging the Idaho Department of Health and Welfare to conduct town hall meetings throughout the state to gather feedback on how to retain and recruit volunteer emergency medical services providers...... 183 208 269

132 State Affairs ADOPTED TERRITORIAL SESQUICENTENNIAL - Stating findings of the Legislature and encouraging Idahoans to prepare for the Idaho Territorial Sesquicentennial and to plan commemoration activities...... 190 208 269

133 State Affairs ADOPTED IDAHO SERVICEMEN - Stating findings of the Legislature and honoring seven Idaho servicemen who fought and lost their lives in Iraq and Afghanistan within the past year...... 202 215 247 396 SENATE INDEX

SECTION XI

ENROLLED 2012 SENATE BILLS

WITH EFFECTIVE DATE AND SESSION LAW CHAPTER NUMBER CITED

Senate Session Laws Introduced by Signed by Effective Date(s) Bill No. Chapter No. Governor 1213 18 Judiciary and Rules 02/22/2012 07/01/2012 1214 81 Judiciary and Rules 03/20/2012 07/01/2012 1215, aa 82 Judiciary and Rules 03/20/2012 03/20/12 1219 19 Judiciary and Rules 02/22/2012 07/01/2012 1222 20 Judiciary and Rules 02/22/2012 07/01/2012 1223 15 Education 02/16/2012 07/01/2012 1224 1 Education 01/31/2012 01/31/12; Sunset Clause - November 2012, if Ch.96, Laws of 2011, is rejected through voter referendum in General Election 1225 87 Commerce and Human Resources 03/20/2012 07/01/2012 1226 74 Commerce and Human Resources 03/20/2012 07/01/2012 1227 75 Commerce and Human Resources 03/20/2012 07/01/2012 1228 76 Commerce and Human Resources 03/20/2012 07/01/2012 1231, aa 252 State Affairs 04/03/2012 07/01/2012 1232 88 Judiciary and Rules 03/20/2012 07/01/2012 1236 89 Agricultural Affairs 03/20/2012 07/01/2012 1237 16 Education 02/20/2012 07/01/2012 1243, aaH,aaH 253 Transportation 04/03/2012 07/01/2012 1253 98 Judiciary and Rules 03/21/2012 03/21/12 1255, aa,aa 300 Health and Welfare 04/05/2012 04/05/12 1256, aaH 254 Resources and Environment 04/03/2012 07/01/2012 1257 11 Finance 02/14/2012 02/14/12 1258 8 Finance 02/10/2012 02/10/12 1259 77 Agricultural Affairs 03/20/2012 07/01/2012 1260 139 Health and Welfare 03/27/2012 07/01/2012 1261 140 Health and Welfare 03/27/2012 07/01/2012 1262 141 Health and Welfare 03/27/2012 07/01/2012 1265 83 Judiciary and Rules 03/20/2012 01/01/12 1266 84 Judiciary and Rules 03/20/2012 01/01/12 1267 12 Finance 02/14/2012 02/14/12 1268 90 Commerce and Human Resources 03/20/2012 07/01/2012 1270 255 State Affairs 04/03/2012 04/03/12 1271 256 Resources and Environment 04/03/2012 07/01/2012 SENATE INDEX 397

Senate Session Laws Introduced by Signed by Effective Date(s) Bill No. Chapter No. Governor 1272 78 Judiciary and Rules 03/20/2012 07/01/2012 1273 142 Health and Welfare 03/27/2012 07/01/12 Section 8; 07/01/13 All other sections 1274, aaH 301 Transportation 04/05/2012 07/01/2012 1277, aa 91 Health and Welfare 03/20/2012 07/01/2012 1278 92 Health and Welfare 03/20/2012 07/01/2012 1279 257 Health and Welfare 04/03/2012 07/01/2012 1280 258 Health and Welfare 04/03/2012 07/01/2012 1286 259 State Affairs 04/03/2012 07/01/2012 1289 143 Resources and Environment 03/27/2012 07/01/2012 1290 106 Resources and Environment 03/23/2012 07/01/2012 1291 144 Resources and Environment 03/27/2012 07/01/2012 1292 85 Judiciary and Rules 03/20/2012 01/01/12 1293 260 Health and Welfare 04/03/2012 07/01/2012 1294, aa 302 Health and Welfare 04/05/2012 07/01/2012 1295, aa 261 Health and Welfare 04/03/2012 07/01/13 Sections 54-4005 & 54-4015; 07/01/12 All other sections 1298 107 State Affairs 03/23/2012 07/01/2012 1299 108 Judiciary and Rules 03/23/2012 07/01/2012 1301 93 Education 03/20/2012 07/01/2012 1303, aaH 262 Agricultural Affairs 04/03/2012 07/01/2012 1304 263 Agricultural Affairs 04/03/2012 07/01/2012 1307 145 Commerce and Human Resources 03/27/2012 07/01/13 1308 105 Commerce and Human Resources 03/21/2012 07/01/2012 1309 303 Health and Welfare 04/05/2012 07/01/2012 1312 86 Transportation 03/20/2012 07/01/2012 1313 304 Transportation 04/05/2012 07/01/2012 1314 146 Education 03/27/2012 07/01/2012 1319 147 Judiciary and Rules 03/27/2012 07/01/2012 1321, aa 342 Resources and Environment law w/o signature 07/01/2012 1323, aa 148 State Affairs 03/27/2012 07/01/2012 1324 94 Judiciary and Rules 03/20/2012 07/01/2012 1326 264 Health and Welfare 04/03/2012 07/01/11 Sections 1 & 2; 07/01/13 Sections 3 & 4 1327 265 Education 04/03/2012 04/03/12; Sunset Clause - November 2012, if Ch.96, Laws of 2011, is rejected through voter referendum in General Election 398 SENATE INDEX

Senate Session Laws Introduced by Signed by Effective Date(s) Bill No. Chapter No. Governor 1328 266 Education 04/03/2012 04/03/12; Sunset Clause - November 2012, if Ch.247, Laws of 2011, is rejected through voter referendum in General Election 1329 267 Education 04/03/2012 04/03/12 Section 2; 07/01/12 All other sections; Sunset Clause - November 2012, if Ch.97, Laws of 2011, is rejected through voter referendum in General Election 1330 268 State Affairs 04/03/2012 07/01/2012 1332 149 Judiciary and Rules 03/27/2012 03/27/12 1333 56 Finance 03/13/2012 03/13/12 1335 150 State Affairs 03/27/2012 07/01/2012 1337, aa 269 Judiciary and Rules 04/03/2012 07/01/2012 1338 270 Judiciary and Rules 04/03/2012 07/01/2012 1340 109 Judiciary and Rules 03/23/2012 07/01/2012 1341 271 Judiciary and Rules 04/03/2012 07/01/2012 1343 272 State Affairs 04/03/2012 04/03/12 1344 191 State Affairs 03/29/2012 07/01/2012 1346 151 Finance 03/27/2012 07/01/12 1348, aa 305 State Affairs 04/05/2012 07/01/2012 1350 127 Finance 03/26/2012 07/01/2012 1351 128 Finance 03/26/2012 07/01/2012 1352 129 Finance 03/26/2012 07/01/2012 1353 130 Finance 03/26/2012 07/01/2012 1354 131 Finance 03/26/2012 07/01/2012 1356, aa 306 Judiciary and Rules 04/05/2012 07/01/2012 1357, aa 307 Judiciary and Rules 04/05/2012 07/01/2012 1359 152 Finance 03/27/2012 03/27/12 Section 1; 07/01/12 All other sections 1360 273 Finance 04/03/2012 04/03/12 Sections 1 & 2; 07/01/12 All other sections 1361 132 Finance 03/26/2012 03/26/12 Section 1; 07/01/12 All other sections 1363 308 State Affairs 04/05/2012 07/01/2012 1365 309 State Affairs 04/05/2012 07/01/2012 1366 310 State Affairs 04/05/2012 04/05/12 1367 133 Finance 03/26/2012 07/01/2012 1368 110 Finance 03/23/2012 07/01/2012 1370 311 Judiciary and Rules 04/05/2012 07/01/2012 SENATE INDEX 399

Senate Session Laws Introduced by Signed by Effective Date(s) Bill No. Chapter No. Governor 1371 57 State Affairs 03/13/2012 03/13/12 1373 312 State Affairs 04/05/2012 07/01/2012 1375 134 Finance 03/26/2012 03/26/12 Section 1; 07/01/12 All other sections 1376 135 Finance 03/26/2012 03/26/12 Section 1; 07/01/12 All other sections 1377 153 Finance 03/27/2012 03/27/12 Section 1; 07/01/12 All other sections 1381 154 Finance 03/27/2012 07/01/2012 1382 136 Finance 03/26/2012 07/01/2012 1383, aa 274 State Affairs 04/03/2012 07/01/2012 1384 137 Finance 03/26/2012 07/01/2012 1386 313 State Affairs 04/05/2012 07/01/2012 1388 275 Finance 04/03/2012 04/03/12 Section 1; 07/01/12 All other sections 1389 276 Finance 04/03/2012 04/03/12 Section 1; 07/01/12 All other sections 1390, aa 314 Judiciary and Rules 04/05/2012 07/01/2012 1391 277 Finance 04/03/2012 07/01/2012 1392 278 Finance 04/03/2012 07/01/2012 1393 315 Finance 04/05/2012 07/01/2012 1394 279 Finance 04/03/2012 07/01/2012 1395 280 State Affairs 04/03/2012 07/01/2012 1396 281 Finance 04/03/2012 04/03/12 Sections 1 & 2; 07/01/12 All other sections 1397 282 Finance 04/03/2012 07/01/2012 1398 283 Finance 04/03/2012 07/01/2012 1399 284 Finance 04/03/2012 07/01/2012 1400 285 Finance 04/03/2012 07/01/2012 1401 316 Finance 04/05/2012 07/01/2012 1402 286 Finance 04/03/2012 07/01/2012 1403 287 Finance 04/03/2012 07/01/2012 1404 288 Finance 04/03/2012 07/01/2012 1405 289 Finance 04/03/2012 07/01/2012 1406 290 Finance 04/03/2012 04/03/12 Sections 1, 2 & 3; 07/01/12 All other sections 1407 291 State Affairs 04/03/2012 04/03/12 1408 317 Finance 04/05/2012 04/05/12 Sections 1, 2 & 3; 07/01/12 All other sections 1409 292 Finance 04/03/2012 07/01/2012 400 SENATE INDEX

Senate Session Laws Introduced by Signed by Effective Date(s) Bill No. Chapter No. Governor 1410 293 Finance 04/03/2012 04/03/12 Sections 1 & 2; 07/01/12 All other sections 1412 294 Finance 04/03/2012 07/01/2012 1413 295 Finance 04/03/2012 07/01/2012 1414 296 Finance 04/03/2012 07/01/2012 1415 297 Finance 04/03/2012 04/03/12 1416 298 Finance 04/03/2012 07/01/2012 SENATE INDEX 401

SECTION XII

NUMERICAL INDEX OF HOUSE BILLS RECEIVED BY THE SENATE House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

355 Revenue and LAW INTERNAL REVENUE CODE - Amends existing law to Taxation update references to the Internal Revenue Code for state income tax purposes...... 22 46 55

356 Revenue and LAW PROPERTY TAX - Amends existing law to revise the Taxation approval process for applications for property tax exemptions and to provide for approval or disapproval and a procedure for appeal...... 35 56 67

357 Revenue and LAW PROPERTY TAX - Amends existing law to establish Taxation standards and methods for the valuation for the taxation of forest lands under the productivity option to apply for a ten year period, and to provide for the forest management allowance to be calculated on certain criteria...... 35 66 74

358 Revenue and LAW PROPERTY TAX - Amends existing law to revise property Taxation tax law to authorize the county auditor to notify various political subdivisions and to provide valuation statements the first Monday of August...... 35 - 154 Amended in the Senate...... 76 122

360 Revenue and LAW TAX COMMISSION - Amends existing law to authorize the Taxation State Tax Commission to accept payment of taxes by means of an electronic payment processor...... 35 52 65

361 Revenue and LAW SALES AND USE TAX - Amends existing law relating Taxation to the sales and use tax to revise provisions relating to the application of exemption for vehicles registered under the International Registration Plan...... 38 52 65

362 Revenue and LAW TAXES - Amends, repeals and adds to existing law to provide Taxation for first class mailing of notices of deficiency determination and notices of levy and distraints instead of by certified mail for a one year period...... 35 52 65

363 Revenue and LAW INCOME TAX - Amends existing law to provide treatment Taxation for certain passive losses for state income tax purposes incurred when a taxpayer did not conduct business in Idaho...... 42 66 74

364 Revenue and LAW INCOME TAX - Amends existing law to clarify the income Taxation tax deduction for retirement benefits paid to certain retired police officers and revising the definition of "disabled."...... 426882

365 Revenue and LAW INCOME TAX ACT - Amends existing law relating Taxation to Idaho's Income Tax Act to clarify the deduction for net operating losses; and to clarify the adjusted basis of depreciable property...... 42 72 82

367 Transportation LAW FEDERAL TRANSIT AUTHORITY - Adds to existing and Defense law relating to federal transit authority funding to establish provisions relating to designated recipients for Federal Transit Administration funding...... 65 123 135 402 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 368 Transportation LAW MILITARY DIVISION - Amends existing law to extend and Defense the sunset date for the Statewide Communications Interoperability Executive Council; to revise council responsibilities; to revise membership on the council; and to delete archaic language regarding council member terms. .... 97 - 255 Amended in the House (See House Journal) 242

369 Transportation LAW MILITARY DIVISION - Adds to existing law to create the and Defense Military Division Support Fund in the State Treasury...... 65 128 140

371 State Affairs S St Aff VETERANS SERVICES - Amends existing law relating to veterans homes to provide that any parent whose child died while serving in the armed forces shall be eligible for admission to Idaho state veterans homes...... 72 - 72

372 State Affairs LAW MINERAL EXTRACTION - PENALTIES - Amends existing law relating to mineral rights on state lands to revise the interest rate for certain violations relating to mineral extractions on state lands...... 100 265 275

374 Business LAW ENGINEERS AND SURVEYORS - Amends existing law relating to engineers and surveyors to provide that only certain persons may qualify for assignment to examinations for initial certification and licensure and to provide exceptions, to provide conditions relating to postponement of action on applications for assignment to examinations and for release of scores; to grant authority to investigate the validity of examination irregularities and to invalidate applicant scores; to remove requirements relating to applications for licensure and certification and to grant board authority to postpone action on applications for licensure by comity in certain circumstances...... 72 124 135

375 Business LAW PLATS AND VACATIONS - Amends existing law relating to plats and vacations to revise conditions under which a governing body may direct the county surveyor or contract with a professional land surveyor in private practice to set interior monuments for a subdivision, to provide conditions under which a substitute professional land surveyor may assume responsible charge for setting interior monuments for a subdivision and to provide conditions under which a substitute professional land surveyor is required to file a record of survey...... 72 128 140

376 Business LAW SUCCESSOR CORPORATION ASBESTOS-RELATED LIABILITY FAIRNESS ACT - Adds to existing law to enact the Successor Corporation Asbestos-Related Liability Fairness Act relating to liability by companies that acquire certain companies that have exposed workers or persons to asbestos while doing business...... 120 227 248

379 Resources and LAW OIL AND GAS - Amends and repeals existing law relating Conservation to oil and gas to revise provisions relating to the levy and imposition of tax on all oil and gas produced, saved and sold or transported from premises in Idaho, to provide that the State Tax Commission shall enforce collection of the tax, to provide that specified provisions of the Idaho Income Tax Act shall apply and be available to the State Tax Commission for enforcement, assessment and collection and to provide for distribution of moneys collected...... 97 179 191 SENATE INDEX 403

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 382 Education LAW EDUCATION - PROFESSIONAL STUDIES ACCOUNT - Amends existing law relating to the Professional Studies Account to remove a reference to state appropriations...... 65 122 135

383 Education LAW IDAHO OPPORTUNITY SCHOLARSHIP PROGRAM - Amends existing law relating to education and the Idaho Opportunity Scholarship Program to revise provisions relating to administrative costs of the program...... 72 123 135

384 Education LAW HIGHER EDUCATION - Amends existing law to revise provisions of residency requirements for public institutions of higher education relating to resident students...... 65 88 99

385 Education LAW COMMUNITY COLLEGES - Amends existing law relating to community colleges to revise terminology, to revise provisions relating to moneys credited to the Community College Account and to provide that the State Treasurer shall make certain disbursements and to revise provisions relating to disbursement of funds from the State Community College Account...... 72 123 135

386 Education LAW SCHOLARSHIPS - Amends existing law relating to scholarships to revise provisions relating to eligibility of a scholarship of a spouse or child, to establish provisions relating to eligibility for a scholarship for a child of a military member, to establish provisions relating to eligibility for a scholarship for a spouse of a military member, to revise provisions relating to an individual who receives a scholarship, to revise provisions relating to educational qualifications, to revise terminology, to revise provisions relating to certain benefits, to establish provisions relating to an appropriation, to revise provisions relating to members of the armed forces, and to provide for rules and to revise provisions relating to scholarships for the spouse or child of a public safety officer...... 149 - 248 Amended in the House (See House Journal) 226 Amended in the House (See House Journal) 122

387 Local S Loc Gov HOMEOWNER'S EXEMPTION - Amends existing law Government relating to revenue and taxation to provide that a homestead having previously qualified for exemption in the preceding year shall not lose such qualification due to the owner's absence for certain reasons, to provide that a certain exemption shall not be impaired for certain reasons, to provide that a certain exemption shall fail for certain reasons, to provide that the owner of a homestead previously qualified for exemption is not required to make a separate application to continue qualification of the exemption during the timeof military, humanitarian or religious service and to provide for notice...... 97 - 97 Amended in the House (See House Journal)

389 Agricultural LAW WEIGHTS AND MEASURES - Amends existing law Affairs relating to weights and measures to provide that certain fees shall be deposited in the Weights and Measures Dedicated Fund...... 97 144 159

391 State Affairs LAW PRIMARY ELECTION - Amends existing law to delete reference to the Presidential Preference Primary...... 84 124 135 404 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 393 Education LAW RURAL HEALTH CARE ACCESS AND PHYSICIAN INCENTIVE - Amends and repeals existing law relating to rural health care access and physician incentive to provide for the Rural Health Care Access and Physician Incentive Fund to be administered by the Department of Health and Welfare; to provide for the Joint Health Care Access and Physician Incentive Grant Review Board; to provide for the scope of rural health care access and physician incentive grant support; to provide for grants to physicians for qualified medical education debt repayments; to provide for rural health care access grant awards and to provide for physician incentive grant awards; to provide for categories of grants; to provide requirements and criteria for grant awards; to provide for applications; to provide a schedule for awards, to provide for the disbursal of approved rural health care access grants and rural physician incentive grants...... 97 - 154 Amended in the House (See House Journal) 138

394 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to the Interstate Agreement on Qualifications of Educational Personnel, to revise provisions relating to purpose, to provide for assumptions, to provide definitions, to establish provisions relating to duties of member jurisdictions, to establish provisions relating to procedures for member participation and to establish and revise provisions relating to other aspects of the interstate agreement...... 75 131 148

395 Appropriations LAW APPROPRIATIONS - DEFICIENCY WARRANTS - Appropriates and transfers a total of $4,225,700 from the General Fund for fiscal year 2012; transfers $4,093,300 to the Fire Suppression Deficiency Fund; transfers $62,600 to the Pest Control Deficiency Fund; transfers $69,800 to the Hazardous Substance Emergency Response Fund...... 42 60 70

396 Resources and LAW WATER - RATHDRUM PRAIRIE AQUIFER - Adds to Conservation existing law relating to water to provide that the Idaho Water Resource Board has prepared and adopted the Comprehensive Aquifer Management Plan for the Rathdrum Prairie Aquifer as a component of the Comprehensive State Water Plan, to provide that the Comprehensive Aquifer Management Plan for the Rathdrum Prairie Aquifer is approved as a component of the Comprehensive State Water Plan and to provide that state agencies shall exercise duties in a manner consistent with the Comprehensive Aquifer Management Plan...... 126 212 224

397 Resources and LAW IRRIGATION DISTRICT ELECTIONS - Amends existing Conservation law relating to irrigation districts to provide that if only one qualified candidate has been nominated for a position tobe filled in an election for directors, it shall not be necessary to hold an election for that position, and to revise time provisions relating to the declaration of certain candidates elected as directors...... 120 212 224 SENATE INDEX 405

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 398 Resources and S St Aff DITCH REPAIR AND MAINTENANCE - Amends existing Conservation law relating to the maintenance and repair of ditches to provide that specified duties relating to the maintenance of embankments shall not apply to maintenance and operation necessitated by certain actions of third parties or acts of God; to provide that specified duties relating to keeping and maintaining ditches, canals, works, aqueducts, embankments, flumes or other conduits of streams or springs require reasonable care only and shall not be construed to impose strict liability or to enlarge or otherwise adversely affect the liability of any party; to provide that the owners or constructors of such ditches, canals, works or other aqueducts shall not be liable for damage or injury caused by certain actions of third parties or acts of God; and to clarify that specified provisions shall not be construed to impair any defense that an owner or constructor of a ditch, canal, work or other aqueduct may assert in a civil action...... 120 - 120

399 Resources and LAW WATER APPROPRIATION - Amends existing law relating Conservation to applications to appropriate water to provide that if the use of diversion works or an irrigation system is represented by shares of stock in a corporation or if such works or system is owned or managed by an irrigation district, applications shall not be approved by the director of the Department of Water Resources without the consent of such corporation or irrigation district...... 120 213 224

400 Resources and LAW ALTERATION OF STREAM CHANNELS - Amends Conservation existing law relating to alteration of channels of streams to provide that no civil or administrative proceedings for violation of specified law or violation of any rule, permit or order issued or promulgated pursuant to specified law may be brought more than two years after the director of the Department of Water Resources had knowledge or ought reasonably to have had knowledge of the violation...... 120 213 224

401 Resources and LAW IRRIGATION DISTRICTS - Adds to existing law relating Conservation to irrigation districts to provide a procedure for the transfer of lands between districts; to provide for the content of resolutions regarding the transfer of lands between districts; to provide for notice; to provide for hearing; to provide for orders and determinations; to provide for orders of exclusion and annexation; to provide for appeals and to provide a procedure; and to provide for costs...... 120 213 224

402 Judiciary, LAW BRAND BOARD - Amends existing law relating to the Rules, and State Brand Board to provide that the State Brand Inspector Administration and personnel of the State Brand Inspector's office shall be employed by the Idaho State Police; to provide that the State Brand Inspector shall have supervision over employees and to provide that the State Brand Inspector and personnel of the State Brand Inspector's office shall be governed by the policies and rules of the state of Idaho and the Idaho State Police concerning personnel disciplinary matters...... 59 123 135

403 Judiciary, LAW ABANDONED MOTOR VEHICLES - Amends existing law Rules, and relating to abandoned motor vehicles to provide for an Idaho Administration State Police authorized tow list and to require background checks of certain persons...... 143 195 211 406 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 404 State Affairs LAW CAPITOL MALL - Adds to existing law to prohibit camping on the Capitol Mall property and other state property and facilities...... 46 - 109 Amended in the Senate...... 75 93

405 Health and LAW ELECTRONIC CIGARETTES - Amends and adds to Welfare existing law relating to electronic cigarettes to establish provisions relating to the possession, distribution or use of electronic cigarettes by minors...... 65 132 148

407 Business LAW BUILDING SAFETY - Amends existing law relating to the Division of Building Safety to revise provisions relating to certain personnel of the Idaho Building Code Board and to provide that regional managers shall be nonclassified employees...... 97 128 140

408 Business LAW ELECTRICAL BOARD - Amends existing law relating to the Idaho Electrical Board to revise provisions relating to presiding officials of the board...... 97 128 140

409 Business LAW BUILDING SAFETY DIVISION - Amends existing law relating to the Division of Building Safety to revise provisions relating to a certain board's member compensation...... 97 128 140

412 Agricultural LAW GRAPE GROWERS - WINE PRODUCERS - Amends and Affairs adds to existing law relating to the Idaho Grape Growers and Wine Producers Commission to revise the powers and duties of the commission; and to provide for powers associated with the promotion of Idaho grape products...... 59 123 135

414 Transportation LAW STATE RAIL AND INTERMODAL FACILITY SYSTEM and Defense PLAN - Amends existing law to revise duties of the Transportation Department and the Department of Agriculture regarding the State Rail and Intermodal Facility System Plan...... 225 258 266

417 Revenue and LAW SALES TAX - Amends existing law relating to sales tax to Taxation provide that materials, parts and components installed on certain aircraft are exempt...... 59 138 154

418 Commerce LAW PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends and Human existing law relating to the Public Employee Retirement Resources System to revise a definition...... 84 123 135

419 Business LAW REAL ESTATE APPRAISERS - Amends existing law relating to the Board of Real Estate Appraisers to revise provisions relating to disciplinary proceedings and to revise provisions relating to nonresident licensure or certification..... 120 155 166

420 Business LAW INSURANCE DEPARTMENT - Amends existing law to allow submission of unaudited financial statements in connection with home state license applications and to revise annual reporting requirements for licensed administrators..... 154 217 232

421 Business LAW INSURANCE - Amends existing law to clarify the methods by which service of orders and notices may be made and when said service is complete and to provide for electronic service where agreed to by parties in contested cases...... 154 221 234

422 Business LAW INSURANCE - Amends existing law to delete the requirement of certified reporting to the State Treasurer...... 154 221234 SENATE INDEX 407

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

426 Education LAW EDUCATION - Adds to existing law relating to education to establish the "8 in 6 Program" to establish provisions relating to the State Department of Education paying for certain summer courses and overload courses, to establish criteria relating to participation in the program, to establish provisions relating to eligible courses, to provide for rules and to provide definitions...... 84 - 260 Amended in the Senate...... 199 221

437 Revenue and S Loc Gov INCOME TAX CREDITS - Amends existing law to provide Taxation a state income tax credit for donations to specialized needs recreation...... 72 - 72

438 Revenue and LAW INVESTMENT TAX CREDIT - Amends existing law to Taxation revise the state income tax credit for the investment tax credit regarding property that has a situs in Idaho...... 72 131 148

439 Health and LAW UNIFORM CONTROLLED SUBSTANCES - Amends Welfare existing law to clarify that practitioners and pharmacists licensed by states other than Idaho may access the controlled substances prescriptions database for treatment purposes, to revise the penalty for improper accessing or use of information in the controlled substances prescriptions database from a misdemeanor to a felony; and to clarify that the board may provide unsolicited reports to pharmacists and practitioners...... 149 - 266 Amended in the House (See House Journal) Amended in the Senate...... 220 237

440 Health and S Com/HuRes FEES AND TAXES - INSURANCE FUNDING - Amends Welfare existing law to revise a provision authorizing available funding to be used to cover program expenditures...... 177 - 177

441 Health and LAW INDIGENT HEALTH CARE - Amends existing law to Welfare authorize county commissioners and the board of the Catastrophic Health Care Cost Program to pay for authorized expenses to manage health care costs for indigent persons..... 115 168 181

442 Health and LAW NURSING ADMINISTRATOR-IN-TRAINING - Amends Welfare existing law to provide for an applicant to begin training prior to completion of a baccalaureate degree...... 115 168 181

443 State Affairs LAW FLAGS - Amends and adds to existing law relating to flags to revise provisions relating to the location and display of POW/MIA flags; and to authorize the Division of Veterans Services to promulgate rules directing the proper protocol for the location and display of flags flown on state property...... 92 257266

446 Resources and LAW STATE PARKS - Amends and adds to existing law relating Conservation to state parks to provide for the Idaho State Parks Passport Program...... 92 140 154

448 Judiciary, LAW FEES - Amends existing law to increase a certain fee for Rules, and Peace Officers Standards and Training purposes...... Administration 115 223 234 408 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 449 Judiciary, S Jud STATE POLICE - FINES - Amends existing law to require Rules, and the court to impose certain fines against certain defendants Administration to be paid to the Idaho State Police for deposit into the Drug and Driving While Under the Influence Enforcement Donation Fund...... 92 - 162

450 Judiciary, LAW ALCOHOLIC BEVERAGES - Amends and adds to existing Rules, and law relating to alcoholic beverages to create the Alcohol Administration Beverage Control Fund, to provide moneys for the Alcohol Beverage Control Fund, to provide that expenditures from such fund shall be subject to legislative appropriation, to provide for the transfer of certain excess moneys to the General Fund and to specify that other certain moneys shall be deposited in the General Fund; and to provide that certain moneys collected by the director of the Idaho State Police shall be deposited in the Alcohol Beverage Control Fund and other certain moneys shall be deposited in the General Fund...... 111 - 234 Amended in the Senate...... 189 205

452 State Affairs LAW BOND ELECTIONS - Repeals and adds to existing law relating to bond elections...... 126 243 255

455 Judiciary, LAW DIVORCE ACTIONS - Amends existing law relating to Rules, and divorce actions; to delete provisions prohibiting a certain Administration retainer and to revise language relating to certain fees and costs of the parenting coordinator...... 97 140 154

457 Resources and LAW FISH AND GAME - Amends existing law relating to fish Conservation and game to provide for the designation of controlled hunt tags and controlled hunt permits to certain minor children or grandchildren by parents and grandparents and to provide that such designated tags and permits cannot be sold...... 131 - 234 Amended in the Senate...... 186 209

458 Resources and LAW FISH AND GAME - Amends existing law relating to fish and Conservation game to provide that a wolf tag will be included with tags issued with licenses of the eighth class; and to increase the fee for Sportsman's Pak licenses...... 219 260 266

459 Resources and LAW FISH AND GAME - Amends existing law to provide for Conservation nonresident hunting with three day fishing licenses; and to provide a fee for such license...... 131 195 211

460 Resources and LAW OIL AND GAS WELLS - Amends existing law relating to Conservation oil and gas wells to require certain notice and permit relating to treating wells for oil or gas and to revise fee provisions relating to permits for drilling and treating wells for oil or gas...... 100 179 191

461 Resources and LAW FISH AND GAME - Amends existing law relating to fish Conservation and game to provide that qualified organizations that certify disabled military veterans eligible in regard to issuance of free big game permits or tags may include nonprofit organizations that are qualified under Section 501(c)(19) of the Internal Revenue Code...... 131 195 211 SENATE INDEX 409

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 462 Resources and LAW PUBLIC UTILITY REGULATION - Amends existing law Conservation relating to public utility regulation to revise the definition of "pipeline" and to define "gathering lines"; to provide that the term "public utility" shall cover cases relating to certain pipelines, to provide that such pipelines shall be subject to the safety supervision and regulation of the public utilities commission; and to provide that fees for pipeline corporations shall be calculated to recover the commission's time and expense devoted to the safety supervision and regulation of each pipeline corporation...... 100 179 191

463 Resources and LAW OIL AND GAS - Amends existing law relating to oil and Conservation gas to revise provisions relating to the confidentiality of certain exploratory and wildcat wells; to provide for the use of well logs and directional surveys in actions to enforce specified provisions; to provide for the assessment of civil penalties by the Oil and Gas Conservation Commission; to provide that the commission may bring civil actions for certain violations and threats to violate and to provide for damages; to provide that certain conduct shall constitute a misdemeanor and to provide for penalties; to provide for the discretion of the commission relating to minor violations; to remove provisions relating to actions against the commission and appeals; and to revise penalty provisions relating to the falsification of certain records...... 100 179191

464 Resources and LAW OIL AND GAS - Amends existing law relating to oil and Conservation gas to provide additional provisions relating to the public interest; to provide legislative intent to occupy the field of the regulation of oil and gas exploration and production, to provide an exception and to provide provisions limiting local restrictions relating to oil and gas; to revise provisions relating to the authority of the Oil and Gas Conservation Commission; to provide that certain uses of low temperature geothermal resources are not subject to the provisions of a certain Idaho Code chapter and to grant the director of the Department of Water Resources the authority to initiate a contested case upon certain conditions; to further define terms; and to provide that certain uses of ground water classified as a geothermal resource or material medium are not subject to the provisions of a certain Idaho Code chapter, and to grant the director of the Department of Water Resources the authority to initiate a contested case upon certain conditions...... 105 199 219

465 Business LAW PUBLIC WORKS CONTRACTORS LICENSES - Amends existing law relating to public works contractors licenses to revise the number of classes of licenses, to revise a license fee and to provide provisions relating to a class "CC" license and related fees...... 143 167 181

466 Business LAW PLUMBING AND PLUMBERS - Amends existing law relating to plumbing and plumbers to revise provisions relating to policy and purpose, to revise provisions relating to the Uniform Plumbing Code, to establish provisions relating to the Idaho State Plumbing Code, to provide provisions relating to cities electing to implement a Plumbing Code Enforcement Program, to establish provisions relating to cities and the Idaho State Plumbing Code, to provide for a public hearing and notice and to revise provisions relating to application of laws...... 120 155 166 410 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

467 Business LAW HEATING, VENTILATION AND AIR CONDITIONING CONTRACTORS - Amends existing law relating to heating, ventilation and air conditioning contractors to revise a definition...... 120 155 166

468 Business LAW MOBILE AND MANUFACTURED HOMES - Amends existing law relating to mobile and manufactured homes to revise provisions relating to the installation of mobile and manufactured homes and to establish provisions relating to certain fees...... 120 155 166

469 Business LAW CONVEYANCES IN BUILDINGS - Amends existing law to revise regulation and standards for certain buildings...... 97 132 148

472 Transportation LAW LICENSE PLATES - Amends and adds to existing law to and Defense establish the Idaho Territory Sesquicentennial Special License Plate Program...... 137 169 181

473 Transportation LAW MOTOR VEHICLE DRIVER'S LICENSES - and Defense IDENTIFICATION CARDS - Amends existing law relating to motor vehicle driver's licenses and identification cards to revise provisions relating to an examination; to revise provisions relating to the expiration and renewal of certain driver's licenses, to revise provisions relating to extension of certain driver's licenses; and to revise provisions relating to the expiration and renewal of certain identification cards...... 97 128 140

475 Judiciary, LAW PROBATION - Amends existing law relating to suspension Rules, and of judgment and sentence to provide the court authority to Administration extend a period of probation for certain persons...... 97 140 154

477 Local S Loc Gov COTTAGE SITES AND HOMESITE LANDS - Amends Government and repeals existing law relating to leases of state-owned recreational cottage site and homesite lands to provide that the successful bidder shall be required to provide specified rental on the lease at the close of the auction; and to repeal existing law relating to an exemption from specified conflict application and auction provisions for single family, recreational cottage sites and homesites and the auction of leases regarding certain state-owned land...... 278 - 278 Amended in the House (See House Journal)

479 Transportation LAW VETERANS - Adds to existing law relating to veterans to and Defense provide for the appointment and duties of the administrator of the Division of Veterans Services or his designee as payee, fiduciary or other agent for the purposes of receiving funds payable to a resident of a veterans home...... 149 - 266 Amended in the House (See House Journal) 257

480 Transportation S St Aff PARKING METERS - Amends existing law to prohibit a city and Defense from collecting revenue and enforcing ordinances regulating the use of parking meters on, adjacent to or adjoining any state-owned or state-leased property wherein meetings of or related to the Idaho Legislature are held during any session of the Idaho Legislature...... 126 - 126

481 Education LAW PUBLIC CHARTER SCHOOLS - Amends existing law relating to public charter schools to revise provisions relating to the number of public charter schools that may begin educational instruction in any one year...... 137 210 224 SENATE INDEX 411

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

482 Local LAW CAPITAL AND SURPLUS REPORT - Amends existing Government law to clarify when the report on capital and surplus is to be filed...... 126 156 166

484 Local LAW COMMUNITY GUARDIAN BOARDS - Amends existing Government law to remove reference to the limitation for successive years on a board of Community Guardian...... 126 162 176

485 Environment, LAW INCOME TAX DEDUCTIONS - Amends existing law to Energy, and revise the eligibility criteria for taking a state income tax Technology deduction for installing energy efficiency upgrade measures within existing residences to qualify for a state income tax deduction...... 149 - 266 Amended in the House (See House Journal) 258

486 Health and S Health/Wel MINORS - Adds to existing law to prohibit the use Welfare of a phototherapy device, tanning device or ultraviolet tanning device on minors with an exception and to provide penalties...... 235 - 235 Amended in the House (See House Journal) Amended in the House (See House Journal)

487 Health and LAW MENTAL HEALTH COMMITMENT - Amends existing Welfare law to revise provisions regarding responsibility for costs of commitment and care of patients for mental health treatment...... 185 238 255

488 Revenue and S Loc Gov INCOME TAXATION - Amends existing law to provide a Taxation state income tax credit for charitable contributions to Sun Valley Adaptive Sports Program, Inc...... 149 - 149 Amended in the House (See House Journal)

489 Revenue and LAW USE TAX - Amends existing law relating to use tax to Taxation provide that use tax shall not apply to certain free tastings of beverages...... 131 162 176

490 State Affairs LAW STATE SUNSHINE LAW - Amends existing law to provide that the state's Sunshine Law applies to recall elections...... 115 222 234

491 State Affairs LAW VOTING MACHINE APPROVAL - Amends existing law to provide that any voting machine or vote tally system shall be certified by the Secretary of State for use in Idaho...... 149-248 Amended in the House (See House Journal) 227

492 Business LAW UNIFORM SECURITIES ACT - Amends existing law to remove reference to documents included in a notice filing and to remove reference to a late fee; to prohibit the diversion of investor funds from their intended use in connection with a securities transaction; to prohibit the diversion of investor funds from their intended use by one providing investment advice; and to provide a statute of limitation for civil securities actions by the Department of Finance...... 143 167 181

494 Resources and LAW BOARD OF SCALING PRACTICES - Amends existing Conservation law relating to the Idaho Board of Scaling Practices to revise provisions relating to the composition of the board...... 143 243 255 412 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 495 Resources and S Res/Env STATE ENDOWMENT LANDS - Amends existing law Conservation relating to state endowment lands to revise the powers and duties of the State Board of Land Commissioners by providing that, except where state endowment land is used by a public entity for a public purpose, all nonagricultural improvements shall be leased to private persons, natural or artificial, and all business operations shall be sold to private persons, natural or artificial; to revise provisions relating to the acquisition of state endowment lands; and to revise provisions relating to authorization for the State Board of Land Commissioners to hold proceeds from the sale of land for a specified time...... 167 - 167

496 Resources and S Res/Env FISH AND GAME - Amends existing law relating to fish and Conservation game to exempt members of the Armed Forces or Reserves of the United States, the National Guard of any state, the military reserves of any state, the naval militia of any state, and veterans thereof, from hunter education requirements..... 172 - 172

497 Judiciary, LAW DNA TESTING - Amends existing law relating to DNA Rules, and testing to provide conditions relating to certain DNA testing Administration and to provide that the Idaho State Police shall not be required to outsource or pay for testing under certain circumstances..... 115 - 248 Amended in the Senate...... 186 209

498 Education LAW TRANSPORTATION SUPPORT PROGRAM - Amends existing law relating to the Transportation Support Program to delete language relating to certain duties of the legislative audits section of the Legislative Services Office...... 120 156 166

499 Education LAW SCHOOL BUILDING MAINTENANCE - Amends existing law relating to school building maintenance to revise a provision relating to the submission by school districts of certain information to the State Department of Education; to revise provisions relating to the submission by each school district of a certain plan to the Division of Building Safety and to revise provisions relating to the information included in such plan...... 126 168 181

500 Health and LAW OCCUPATIONAL THERAPY - Amends existing law Welfare relating to the Occupational Therapy Practice Act to revise provisions relating to continuing education...... 126 168 181

501 Health and LAW COUNSELORS AND THERAPISTS - Amends and adds to Welfare existing law relating to counselors and therapists to revise prohibited activities and exemptions; to revise provisions relating to board composition, meetings and powers; to provide qualification requirements for licensed clinical professional counselors; to revise qualification requirement provisions for marriage and family therapists; to provide for endorsement of certain licensees licensed in another state, territory or foreign country; to revise provisions relating to discipline; to revise provisions relating to unlawful acts; to provide for informed consent; to revise provisions relating to information disclosure and to provide for documented records of disclosure; and to revise specified powers and duties of the Bureau of Occupational Licenses relating to counselors and therapists...... 126 169 181 SENATE INDEX 413

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 502 Health and LAW UNIFORM CONTROLLED SUBSTANCES - Amends Welfare existing law to revise provisions relating to Schedule I, Schedule III, Schedule IV and Schedule V Controlled Substances...... 149 - 248 Amended in the House (See House Journal) 229

503 Health and LAW PRESCRIPTION DRUG ORDERS - Amends existing Welfare law relating to prescription drug orders to provide for an exception, to establish provisions relating to circumstances where a prescriber may perform certain activities for a patient with whom the prescriber does not have a prescriber-patient relationship and to establish provisions relating to unprofessional conduct...... 137 222 234

506 Local S Loc Gov URBAN RENEWAL LAW - Amends existing law relating Government to Urban Renewal Law to revise provisions relating to urban renewal agency powers within its area of operation, to revise provisions relating to the acquisition of property and to eliminate provisions relating to eminent domain and condemnation...... 115 - 115

507 Local S Loc Gov URBAN RENEWAL LAW - Amends existing law relating to Government urban renewal law to remove language relating to information to be included in certain urban renewal plans, to provide that a plan prepared or approved for an urban renewal area shall be limited to specific projects and shall include certain specific descriptions, to establish that modifications to a plan shall comply with the same provisions and to establish that a plan shall include a termination date...... 149 - 149 Amended in the House (See House Journal)

511 Transportation LAW AERONAUTICS - Adds to existing law relating to and Defense aeronautics to establish provisions relating to lighting and marking certain towers, to provide definitions, to provide for an exception and to provide for a misdemeanor...... 149 - 234 Amended in the House (See House Journal) Amended in the Senate...... 189 210

512 Agricultural LAW SHEEP AND GOATS - Amends and repeals existing law Affairs relating to sheep to change the name of the Idaho Sheep Commission to the Idaho Sheep and Goat Health Board, to remove a requirement for approval of the Governor relating to the board's appointment of a veterinarian; to revise assessment provisions; to remove provisions relating to the deposit of certain moneys and the withdrawal of moneys; and to remove audit provisions and exemption provisions related to standard travel and pay allowances for specified expenditures...... 150 - 224 Amended in the House (See House Journal) 210

513 Agricultural LAW HONEY - Amends and adds to existing law relating to Affairs honey to revise the duties of the Idaho Honey Advertising Commission; to provide for rulemaking; to provide for sampling and analysis; to provide for penalties for violations; to provide for stop sale, use or removal orders; and to provide for the seizure and disposal of certain honey...... 137 211 224

514 Judiciary, S FAILED DISTURBING THE PEACE - Amends existing law relating Rules, and to disturbing the peace to provide additional provisions...... Administration 143 228 228 414 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 515 State Affairs LAW REPORTS - COPIES - Amends existing law to provide for strategic plans and performance documents to be in electronic format and to provide for a limited amount of paper copies to be printed...... 208 - 263 Amended in the House (See House Journal) 252

516 State Affairs LAW LIQUOR DIVISION - Amends and repeals existing law relating to the State Liquor Division to revise provisions relating to the division and the director of the division; to revise provisions relating to the powers of the director; and to delete certain obsolete code sections and language...... 97 212 224

517 Revenue and LAW INCOME TAX - TEACHER EXPENSES - Amends existing Taxation law to remove language disallowing deduction of certain expenses of elementary and secondary school teachers for state income tax purposes...... 120 162 176

518 Revenue and LAW TOBACCO - Adds to existing law to provide for certification Taxation of cigarette rolling machine operators...... 172 243 255

519 Revenue and LAW SITE IMPROVEMENTS - Amends existing law relating to Taxation site improvements to provide that certain site improvements that are associated with land are exempt from property tax..... 126 230 248

520 Environment, S Com/HuRes ELECTRICAL CONTRACTORS AND JOURNEYMEN Energy, and - Amends existing law to provide exemption to the Technology law regulating electrical contractors for the installation, maintenance and wiring for landscape sprinkler controls or communications circuits, wires and apparatus that include telephone systems, telegraph facilities, outside wiring for fire and security and sound systems, radio and television systems, public address and intercom systems, data communications systems, antenna systems, fiber optics and similar systems..... 150 -150 Amended in the House (See House Journal)

521 Education LAW EDUCATION - Amends existing law relating to education to eliminate certain language relating to a complete and cataloged library of curricular materials...... 126 168 181

522 Commerce LAW PUBLIC ASSISTANCE BENEFIT CARDS - Adds to and Human existing law to provide for prohibited uses of public assistance Resources benefit cards by recipients, to provide for businesses that must ensure compliance with the provisions of this section, to authorize the department to notify a licensing authority if a business does not comply with this section, to provide that only a recipient or authorized user can use a public assistance benefit card, to require the department to provide notice to recipients, to provide for a penalty, to define terms and to provide for enforcement...... 149 - 248 Amended in the House (See House Journal) 226 SENATE INDEX 415

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 523 Commerce LAW UNEMPLOYMENT INSURANCE - Amends existing law and Human relating to the employment security law to provide that Resources certain registrations regarding elections to be exempt from unemployment insurance coverage shall remain in effect for at least two consecutive calendar years, to provide an effective date for registrations received within a specified time frame and to provide that such registrations shall remain in effect for at least two consecutive calendar years, to provide that with the exception of specified exemptions, other exemptions shall not be retroactive and to provide for registrations regarding newly formed corporations relating to exemptions from unemployment insurance coverage...... 167 - 234 Amended in the House (See House Journal) 222 Amended in the House (See House Journal)

525 Resources and LAW FISH AND GAME - Amends existing law to provide for Conservation Fish and Game Commission rules to allow exception from required tag possession for disabled hunters upon certain circumstances occurring...... 131 195 211

526 Resources and LAW OIL AND GAS - Amends Section 47-325, Idaho Code, as Conservation enacted by Section 3, House Bill No. 463, relating to oil and gas to provide that certain violations may be punishable by other like civil penalties as determined by the Oil and Gas Conservation Commission; to provide that certain civil penalties shall begin to accrue no earlier than the date notice of violation and opportunity for a hearing are given; and to provide for the knowing violation of specified provisions..... 100 179 191

532 Judiciary, LAW STATE POLICE - Adds to existing law relating to the Peace Rules, and Officer Standards and Training Council to grant the Peace Administration Officer Standards and Training Council the authority to establish and assess certain fees, to require the council to deposit such fees into a certain fund and to grant the council the authority to expend moneys to cover the costs for certain uses...... 120 223 234

534 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to certain leadership awards...... 126 168 181

536 State Affairs LAW PARI-MUTUEL BETTING - Amends existing law regarding pari-mutuel betting to revise penalties for certain acts, to provide requirements to receive an advance deposit wagering license, to provide requirements of licensees regarding interstate simulcast signals, to provide authority to the Racing Commission to suspend or revoke licenses for certain conduct and to allow for civil penalties...... 137 243 255 416 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 539 Business LAW VIDEO SERVICE ACT - Adds to existing law relating to the Idaho Video Service Act to provide for franchising authority, to provide for modifications of existing franchise agreements, to provide for a holder of certificate, to provide for provision of access to video service within a certain period, to provide for suspension of authority for noncompliance with certain requirements, to provide for fees, to provide for amendment of the certificate of franchise authority, to provide for the use of public rights-of-way, to provide for a video service provider fee, to prohibit discrimination among potential residential subscribers and to provide for violations, to provide for customer service standards, to provide for designation and use of channel capacity for public, educational or governmental use and to provide for applicability of other law...... 143 244 255

540 Business LAW MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - Adds to and amends existing law relating to motor vehicle financial responsibility to provide for the online insurance verification system, to exempt certain information from disclosure, to require that peace officers access certain information from such system and to grant the Idaho Transportation Department rulemaking authority...... 150 - 211 Amended in the House (See House Journal) 195

541 Business LAW HEALTH CARE ORGANIZATIONS - Adds to existing law to prohibit economic credentialing of medical staff membership in health care organizations...... 149 217 232

542 Resources and S FAILED MOTORIZED VEHICLES - HUNTING - Amends existing Conservation law relating to taking of wildlife to revise provisions relating to the prohibition on hunting from a motorized vehicle and to establish provisions relating to restrictions on rulemaking and policy relating to motorized vehicle use on trails or roads on certain lands...... 215 - 260 Amended in the House (See House Journal) 260

543 Resources and LAW FISH AND GAME - Amends existing law relating to fish and Conservation game to revise provisions relating to children with firearms for hunting...... 131 195 211

546 Commerce LAW GLOBAL ENTREPRENEURIAL MISSION GRANT FUND and Human - Adds to existing law to create the Global Entrepreneurial Resources Mission Grant Fund and to provide for a transfer of moneys from the fund...... 137 167 181

549 State Affairs LAW LIENS - Amends existing law to provide when a notice of state lien with a county recorder filed on a date certain shall lapse and to provide when notice of a state lien transitioned to the Secretary of State shall remain in effect...... 167 226 248

550 State Affairs LAW BUSINESS ENTITY NAMES - Amends existing law to provide that the name of a limited liability company may not contain language falsely stating or implying government affiliation...... 167 227 248

551 State Affairs LAW CORONERS - Amends existing law relating to the coroner to revise provisions relating to the burial or cremation of unclaimed bodies; to revise provisions relating to the right to rely on certain authorizations; and to remove certain provisions relating to burial arrangements...... 215 253 263 SENATE INDEX 417

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

553 State Affairs LAW CIVIL OFFICES - Amends existing law relating to civil offices to provide for vacancies in elective civil offices upon the occurrence of certain specified conditions...... 167 243 255

555 State Affairs S Com/HuRes FEDERAL HEALTH CARE REFORM - OVERSIGHT - Adds to and amends existing law relating to oversight of federal health care reform to provide legislative findings and to provide oversight of federal health care reform, to revise the name of a certain committee, to revise provisions relating to meetings of the special oversight committee on health care reform, to revise the duties of such committee and to require certain reports...... 137 - 137

556 Education LAW PERSONNEL SYSTEM - Adds to existing law relating to the personnel system to establish provisions relating to sick leave of certain employees of Idaho community colleges; and to establish provisions relating to sick leave and certain former employees of Selland College of Applied Technology at Boise State University...... 143 210 224

558 Revenue and LAW RESIDENTIAL CARE - Amends existing law to revise Taxation provisions relating to whom a residential care provisional permit may be issued...... 160 222 234

559 Revenue and S Loc Gov ECONOMIC ESTIMATES - Amends existing law relating Taxation to economic estimates to revise the duties of the Economic Estimates Commission; to revise provisions relating to expenditure limits; to revise provisions relating to the computation of tax imposed upon individuals, trusts and estates; to revise provisions relating to tax on corporate income; and to revise provisions relating to franchise tax. .... 225 - 225

562 Revenue and S Loc Gov LOCAL ECONOMIC DEVELOPMENT ACT - Amends Taxation existing law relating to the Local Economic Development Act to provide application to certain tax levies of community college districts...... 177 - 177 Amended in the House (See House Journal)

563 Revenue and LAW INCOME TAXATION - Amends existing law to reduce the Taxation individual income tax rate for Idaho taxable income over $7,500 to 7.4% and to reduce the corporate income tax rate to 7.4%...... 154 281 283

564 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to investigations by the Professional Standards Commission, to provide for investigations of unethical conduct, to revise provisions relating to an allegation, to revise provisions relating to notification, to revise provisions relating to a hearing panel's submission, and to establish provisions relating to certain notification by the Professional Standards Commission; to revise provisions relating to a signed statement from applicants, to define certain terms, to provide that a school district shall request certain information from an applicant's past public school employers, to revise provisions relating to a hiring district's request, to revise provisions relating to employment on a conditional basis, to provide for exceptions, to eliminate a reference to collective bargaining agreement and individual employment contract, to revise provisions relating to the 149 - 266 418 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page expungement of certain information from certain documents, to revise a date, and to revise provisions relating to rules. .... Amended in the House (See House Journal) Amended in the Senate...... 233 245

566 Education S Loc Gov MEDICAL SAVINGS ACCOUNTS - Amends existing law to increase the amount that can be contributed to a medical savings account and health savings account and deducted for state income tax purposes...... 185 - 185 Amended in the House (See House Journal)

569 State Affairs LAW UNIFORM CONTROLLED SUBSTANCES - Amends existing law to revise a provision relating to the description of controlled substances...... 166 230 248

570 State Affairs LAW PEACE OFFICERS - Amends existing law relating to the Peace Officer and Detention Officer Temporary Disability Act to revise provisions relating to compensation and costs...... 167 229 248

572 State Affairs LAW ELECTION CONSOLIDATION LAW - Amends existing law to make technical clean-up provisions of the Election Consolidation Law...... 172 245 255

573 Education S Com/HuRes GROUP INSURANCE - Adds to existing law to provide for health savings accounts for state employees; to define terms; to provide for contribution of funds to a health savings account by state employees; to provide for a choice of high-deductible health plans; and to authorize the Department of Administration to promulgate rules...... 185 - 185 Amended in the House (See House Journal)

574 Appropriations LAW APPROPRIATION - CATASTROPHIC HEALTH CARE FUND - Appropriates an additional $13,070,000 from the General Fund to be transferred to the Catastrophic Health Care Fund for fiscal year 2012...... 131 155 166

575 State Affairs LAW TRADEMARK FILING AND RENEWAL - Amends existing law to revise the provisions for filing of applications for trademarks and to require trademark renewal applications to use the International Classification of Goods and Services..... 167 265 275

576 State Affairs LAW LEVY ELECTIONS - Adds to existing law relating to levy elections to establish provisions relating to disclosures in elections in any taxing district that proposes to submit any question to electors that would authorize any levy...... 177 243 255

577 State Affairs LAW MEDAL OF HONOR - Amends existing law relating to the Idaho law enforcement, firefighting and EMS medal of honor; to revise provisions relating to when certain medals are awarded...... 167 258 266

579 Education LAW RETIRED TEACHERS OR ADMINISTRATORS - Amends and repeals existing law relating to employment of retired teachers or administrators...... 154 217 232

582 Revenue and LAW INCOME TAXATION - Amends existing law to revise Taxation provisions relating to taxation of income of owners of an interest in a pass-through entity; and to revise provisions regarding backup withholding for pass-through entities...... 172 227 248 SENATE INDEX 419

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 583 Revenue and LAW HIGHWAYS AND BRIDGES - Amends existing law relating Taxation to highways and bridges to provide for a definition of "access easement." ...... 182 252 263

584 Revenue and LAW PROPERTY TAX - Amends existing law to provide for Taxation continuation of the homestead exemption for a time certain upon the owner's, beneficiary's, partner's, member's or shareholder's death...... 208 - 263 Amended in the House (See House Journal) 253

587 State Affairs S Com/HuRes OUT-OF-STATE INSURERS - Adds to and amends existing law to provide for interstate health insurance sales, to authorize out-of-state insurers to sell health insurance in Idaho under certain conditions...... 182 - 182 Amended in the House (See House Journal)

588 Education S Educ EDUCATION - Amends existing law relating to education to revise provisions relating to special applications of the Educational Support Program, to establish provisions relating to a school district providing educational services to students residing in a certain area, to provide that such students shall be counted as a separate school and to provide for exceptions...... 167 - 257

590 Education LAW PUBLIC CHARTER SCHOOLS - Amends existing law relating to public charter schools to revise provisions relating to a petition, to revise provisions relating to petitions received by an authorized chartering entity, to revise provisions relating to a public hearing, to revise certain timing provisions, to provide for an agreement, to provide for a primary attendance area, to revise provisions relating to admission procedures, to revise provisions relating to transportation services, to establish provisions relating to a charter for a public virtual school and to revise provisions otherwise relating to public charter schools...... 167 227 248

591 Revenue and LAW UNCLAIMED PROPERTY - Amends existing law relating to Taxation unclaimed property to revise provisions relating to unclaimed moneys and abandoned property; to revise provisions relating to the disposition of moneys received under the unclaimed property law; to revise provisions relating to the disposition of unclaimed assets; and to revise provisions relating to certain duties of the superintendent and manager...... 172 245 255

593 Revenue and LAW COMMUNITY INFRASTRUCTURE DISTRICTS - Taxation Amends and repeals existing law relating to community infrastructure districts...... 172 238 255

594 Revenue and S St Aff BUDGET STABILIZATION FUND - Amends existing law Taxation relating to public funds to revise provisions relating to state General Fund transfers into the Budget Stabilization Fund..... 219 - 219 Amended in the House (See House Journal) Amended in the House (See House Journal)

595 Ways and Means LAW VICTIM NOTIFICATION FUND - Adds to existing law relating to the State Victim Notification Fund to establish a certain fee for victim notification purposes; to establish the State Victim Notification Fund, to provide for the payment of moneys in such fund, to provide certain authority of the director of the Idaho State Police and to provide for the source of moneys for such fund...... 167 209 224 420 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

598 State Affairs LAW PERSI - BLIND COMMISSION - Amends existing law to provide that a retired member who, subsequent to becoming a disability retiree, serves on any state board or commission that is statutorily required to meet once per month or less, and who is not an employee as defined in the public employment retirement system law by virtue of such service, shall not be deemed to have ceased to be disabled because of such service...... 154 213 224

599 State Affairs LAW STATE HISTORICAL SOCIETY - Amends, repeals and adds to existing law relating to the State Historical Society to revise provisions relating to the powers and duties of the board and to clarify that certain records are not exempt from the Public Records Act; to establish the Records Management Services Fund; and to establish provisions relating to records management services and rules, guidelines and procedures..... 177 258 266

600 Appropriations LAW APPROPRIATION - PROFESSIONAL-TECHNICAL EDUCATION - Appropriates $58,074,200 to Professional-Technical Education for fiscal year 2013; providing guidance for employee compensation and benefits; and reappropriating certain unexpended moneys...... 160 179 191

601 Appropriations LAW APPROPRIATION - AGRICULTURAL RESEARCH AND EXTENSION - Appropriates $23,654,100 to the Agricultural Research and Cooperative Extension Service for fiscal year 2013; and provides guidance for employee compensation and benefits...... 160 180 191

602 Appropriations LAW APPROPRIATIONS - DEPARTMENT OF FINANCE - Appropriates $6,399,800 to the Department of Finance for fiscal year 2013; limits the number of full-time positions to 62; and provides guidance for employee compensation and benefits...... 160 180 191

603 Education LAW EDUCATION - Amends existing law relating to education to revise a certain table relating to the computation of elementary support units and to provide that certain calculations shall be carried out to the nearest hundredth; to remove certain provisions relating to a decrease in average daily attendance and to revise certain provisions relating to a decrease in average daily attendance; to provide that certain payments made to the school districts may be based upon certain payments for the preceding school year and to provide that each school district may receive certain payments in a certain ratio...... 193 237 255

604 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to the adoption of curricular materials, to provide for certain fees, to provide that the board shall, by rule, determine the process by which the Department of Education reviews and approves online courses and the fees necessary to defray the department's cost of such review and approval process...... 172 227 248

606 Revenue and S Loc Gov AGRICULTURE - TAX CREDIT - Adds to existing law to Taxation provide the agricultural business investment tax credit against state income tax...... 241 - 241 Amended in the House (See House Journal) SENATE INDEX 421

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 607 State Affairs LAW PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the Public Employee Retirement System to revise provisions relating to those that do not meet the definition of "employee."...... 185 237 255

608 State Affairs LAW WATER RIGHTS - Amends existing law relating to water rights to provide an exception from water rights requirements for certain municipalities, municipal providers, sewer districts and regional public entities operating publicly owned treatment works, to require municipal providers and sewer districts to provide notice to the Department of Water Resources if certain land application is to take place, to provide that notice shall be on forms furnished by the department, to provide for inclusion of all required information; and to provide a fee for filing notice of land application of effluent...... 182 244 255

609 State Affairs LAW PUBLIC ASSISTANCE LAW - Amends existing law relating to Public Assistance Law to revise provisions relating to dental services for certain Medicaid participants and to revise provisions relating to the rulemaking authority of the Department of Health and Welfare...... 182 230 248

611 Ways and Means LAW LIVESTOCK LIENS - Amends existing law relating to livestock liens to revise provisions relating to the sale of certain livestock at public auction...... 198 264 275

613 Ways and Means LAW IDAHO TRAVEL AND CONVENTION INDUSTRY COUNCIL - Amends existing law relating to the Idaho Travel and Convention Industry Council to revise provisions relating to the term of office and removal of members ofthe Idaho Travel and Convention Industry Council...... 208 245 255

615 Appropriations LAW APPROPRIATION - CATASTROPHIC HEALTH CARE COST PROGRAM - Appropriates $36,532,800 to the Catastrophic Health Care Cost Program for fiscal year 2013; and provides legislative intent...... 167 211 224

616 Appropriations LAW APPROPRIATION - COMMISSION ON THE ARTS - Appropriates $1,789,900 to the Idaho Commission on the Arts for fiscal year 2013; limits the number of full-time equivalent positions to 10; and provides guidance for employee compensation and benefits...... 167 212 224

617 Appropriations LAW APPROPRIATION - PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO - Appropriates $13,442,000 to PERSI for fiscal year 2013; limits the number of authorized full-time equivalent positions to 63; and provides guidance for employee compensation and benefits...... 167 212 224

618 Appropriations LAW APPROPRIATION - DIVISION OF HUMAN RESOURCES - Appropriates $1,680,500 to the Division of Human Resources for fiscal year 2013; limits the number of full-time equivalent positions to 13; and provides guidance for employee compensation and benefits...... 167 212 224

619 State Affairs LAW SPEED LIMITS - Amends existing law to remove provisions relating to regulation of speed by local authorities...... 215 - 263 Amended in the House (See House Journal) 252 422 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 621 Appropriations LAW APPROPRIATION - STATE TREASURER - Appropriates $3,215,300 to the State Treasurer for fiscal year 2013; limits the number of full-time equivalent positions to 26; provides guidance for employee compensation and benefits; and identifies amounts to be used for bank service fees from the appropriation...... 172 213 224

622 Appropriations LAW APPROPRIATION - DEPARTMENT OF INSURANCE - Appropriates $8,163,300 to the Department of Insurance for fiscal year 2013; limits the number of full-time positions to 72; and provides guidance for employee compensation and benefits...... 172 216 232

624 Ways and Means LAW TRUST DEEDS - Amends existing law relating to trust deeds to prohibit trustees from having a financial interest in a newspaper publishing certain notices and to prohibit trustees from profiting, directly or indirectly, based on requisite publication of notice of trustee's sale; to provide that such conduct shall constitute a misdemeanor and to provide penalties...... 219 264 275

626 Education LAW PUBLIC SCHOOL TECHNOLOGY - Amends existing law relating to public school technology; to revise provisions relating to the expenditure or distribution of moneys for certain classroom technology and to provide for the expenditure of moneys for an Internet-based clearinghouse of online courses...... 193 237 255

628 Ways and Means S Transp WIDTH OF HIGHWAYS - Amends existing law to provide that highways created by statutory prescription or common law dedication are an exception to the requirement that all highways shall not be less than fifty feet wide...... 235 - 235 Amended in the House (See House Journal)

631 Ways and Means LAW INTERMEDIATE CARE FACILITY ASSESSMENT - Amends existing law to remove a provision relating to funds for medicaid trustee and benefit expenditures; and to remove a sunset clause...... 215 - 266 Amended in the House (See House Journal) 257 Amended in the House (See House Journal) 217

632 Ways and Means LAW YOUTH ATHLETES - Repeals and adds to existing law relating to youth athletes and concussions to provide provisions relating to youth athletes and concussion and head injury guidelines and requirements...... 192 238 255

633 Education LAW PUBLIC SCHOOL FACILITIES COOPERATIVE FUNDING PROGRAM - Amends existing law relating to the Public School Facilities Cooperative Funding Program to establish provisions relating to the authorization of expenditures for additional plans and information, to provide that the panel shall notify the applicant within 90 days of receiving the application, and to provide that the panel may request a legislative appropriation of additional moneys...... 193 238 255

634 Revenue and LAW INCOME TAXES - Amends existing law to clarify the credit Taxation for taxes paid to other states for state income tax purposes..... 198 253 263 SENATE INDEX 423

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 635 Ways and Means LAW ADMINISTRATIVE RULES - Adds to existing law to provide that administrative rules that expire on July 1, 2012, will continue to be effective until July 1, 2013, to provide that administrative rules approved or extended by the adoption of a concurrent resolution shall be effective until July 1, 2013, or until such time as they expire, to provide that rules rejected by concurrent resolution shall be null, void and of no force and effect and to authorize agencies to amend or repeal certain rules pursuant to the Administrative Procedure Act...... 182 244 255

636 Appropriations LAW APPROPRIATION - MILITARY DIVISION - Appropriates $57,456,300 to the Military Division for fiscal year 2013; limits the number of authorized full-time equivalent positions to 240.8; provides guidance for employee compensation and benefits; and grants a continuous appropriation for the Bureau of Homeland Security's Miscellaneous Revenue Fund...... 182 222 234

637 Appropriations LAW APPROPRIATION - ATTORNEY GENERAL - Appropriates $18,725,400 to the Attorney General for fiscal year 2013; limits the number of authorized full-time equivalent positions to 193.6; exempts the Attorney General from object and program transfer limitations; and provides guidance for employee compensation and benefits...... 185 222 234

638 Appropriations LAW APPROPRIATIONS - STATE APPELLATE PUBLIC DEFENDER - Appropriates $2,053,300 to the State Appellate Public Defender for fiscal year 2013; limits the number of full-time equivalent positions to 22; and provides guidance for employee compensation and benefits...... 182 222 234

639 Ways and Means LAW CONTRACTS - Amends existing law relating to contracts to revise provisions relating to limitations on the right to sue under contract...... 235 - 282 Amended in the House (See House Journal) 271

641 Appropriations LAW APPROPRIATION - DEPARTMENT OF FISH AND GAME - Appropriates an additional $7,589,600 to the Department of Fish and Game for fiscal year 2012; appropriates $93,068,800 for fiscal year 2013; limits the number of full-time equivalent positions to 567; and provides guidance for employee compensation and benefits...... 185 223 234

642 Appropriations LAW APPROPRIATION - IDAHO COMMISSION FOR LIBRARIES - Appropriates $5,412,900 to the Idaho Commission for Libraries for fiscal year 2013; limits the number of full-time equivalent positions to 40.50; and provides guidance for employee compensation and benefits...... 185 223 234

643 Appropriations LAW APPROPRIATION - SECRETARY OF STATE - Appropriates $2,308,300 to the Secretary of State for fiscal year 2013; limits the number of full-time equivalent positions to 29; and provides guidance for employee compensation and benefits...... 185 223 234

644 Appropriations LAW APPROPRIATION - IDAHO STATE HISTORICAL SOCIETY - Appropriates $4,895,700 to the Idaho State Historical Society for fiscal year 2013; limits the number of full-time equivalent positions to 47.02; and provides guidance for employee compensation and benefits...... 185 223 234 424 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

645 State Affairs LAW SALARY INCREASES - Amends existing law relating to salaries of members of the Public Utilities Commission, members of the Tax Commission and members of the Industrial Commission; to provide for an increase in salary for members of the Public Utilities Commission; to provide for an increase in salary for members of the State Tax Commission; and to provide for an increase in salary for members of the Industrial Commission...... 198 238 255

647 Ways and Means S Loc Gov MUNICIPALITIES AND COUNTIES - FEES - Adds to existing law to define terms, to prohibit a municipality or county from charging an incident response fee for the use of emergency services related to traffic incidents, to authorize a municipality or county to charge for certain actual expenses in traffic incidents, to provide for apportionment of actual expenses and to provide that established provisions shall not apply to certain charges...... 219 - 219

648 Ways and Means LAW JUDGMENT - Amends existing law relating to judgment to revise provisions relating to an examination of defendant for evidence of mental condition; to provide that certain expenses shall be borne by the Department of Correction, to grant the Department of Correction certain rulemaking authority and to revise provisions relating to certain expenses borne by the Department of Health and Welfare; to delete provisions relating to substance abuse and mental health treatment and to establish provisions relating to the consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings...... 219 253 263

649 Ways and Means LAW INSURANCE - Amends and adds to existing law to provide for an exemption from a license for a person acting under the license of a licensed business entity; to provide for a limited lines license for a vendor selling portable electronics insurance; to provide requirements for the sale of portable electronics insurance; to provide for the authority of a vendor holding a limited lines license to sell portable electronics insurance; to provide for a vendor's responsibility for the actions of its employees and authorized representative acting under the vendor's license; to provide penalties for a vendor violating the requirements for the sale or offering of portable electronic insurance; to provide requirements for the termination or modification of a policy of portable electronics insurance; to provide requirements for a vendor applying for a limited lines license to sell or offer portable electronics insurance; to provide an exemption from portable consumer electronic insurance adjuster licensure for a clerical person; and to provide the manner in which Canadian residents may be licensed to adjust claims...... 219 264 275

650 Ways and Means S Agric Aff ANIMAL CARE - Amends existing law relating to animal care to revise a definition and to define a term; to provide for violations relating to committing torture to companion animals, to provide that certain officers may take possession of companion animals subjected to torture; to provide for violations and penalties relating to certain displays of combat between gamecocks; and to revise provisions relating to penalties for violations...... 208 - 208 SENATE INDEX 425

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 651 Ways and Means LAW JUDGES - Amends existing law relating to judges to revise provisions relating to salaries of judges...... 219 258 266

653 Revenue and LAW TAX COMMISSION - Amends existing law to provide that Taxation if the date for filing any report, claim, tax return, statement or other document or making any such payment falls upon a Saturday, a Sunday, a legal holiday or, in matters arising under the state income tax law, a holiday recognized by the Internal Revenue Service, such acts shall be considered timely if performed on the next business day...... 208 268 275

654 Appropriations LAW APPROPRIATION - DIVISION OF VETERANS SERVICES - Appropriates an additional $2,000,000 to the Division of Veterans Services for fiscal year 2012; appropriates $39,296,500 to the Division of Veterans Services for fiscal year 2013; limits the number of full-time positions to 310.7; provides legislative intent; and provides guidance for employee compensation and benefits...... 208 242 255

655 Appropriations LAW APPROPRIATION - DEPARTMENT OF LANDS - Appropriates $46,137,600 to the Idaho Department of Lands for fiscal year 2013; limits the number of full-time equivalent positions to 260.47; provides guidance for employee compensation and benefits; and exempts certain appropriation object transfer limitations...... 208 242 255

657 Appropriations LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates the following amounts and limits the number of full-time equivalent positions for the identified divisions in the Department of Health and Welfare for fiscal year 2013: $4,762,500 and 10 FTP for Independent Councils; $38,219,700 and 270.05 FTP for Indirect Support Services; $91,432,100 and 213.5 FTP for Public Health Services; provides legislative intent; and provides guidance for employee compensation and benefits...... 219 244 255

658 Appropriations LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates an additional $32,361,100 to the Department of Health and Welfare for fiscal year 2012...... 219 244 255

659 Appropriations LAW APPROPRIATION - STATE BOARD OF EDUCATION FOR COLLEGE AND UNIVERSITIES - Appropriates $446,362,200 to the State Board of Education and the Board of Regents of the University of Idaho for college and universities; provides reappropriation authority; provides guidance for employee compensation and benefits; provides legislative intent; and provides exemptions from object and program transfers limitations...... 219 248 255

660 Ways and Means LAW JUDGES RETIREMENT AND COMPENSATIONS - Amends and adds to existing law relating to judges' retirement and compensation...... 269 277 283

661 Ways and Means LAW NEW EMPLOYEES - Adds to existing law to provide a special income tax credit for new employees and to provide procedures...... 219 264 275 426 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 662 Education LAW YOUTH CHALLENGE PROGRAM - Amends existing law to provide for federal funds and state funding, to provide that the school district where the Youth Challenge Program is located may take steps to have the Youth Challenge Program be considered and designated as an alternative secondary school and to revise the sunset date...... 272 281 283

664 Appropriations LAW APPROPRIATION - STATE TAX COMMISSION - Appropriates an additional $423,400 to the Idaho State Tax Commission for fiscal year 2012; appropriates $35,865,100 to the Idaho State Tax Commission for fiscal year 2013; limits the number of full-time equivalent positions to 461; provides guidance for employee compensation and benefits; and expresses legislative intent with regard to the Tax Compliance Initiative...... 219 244 255

665 Appropriations LAW APPROPRIATION - BOARD OF TAX APPEALS - Appropriates $477,900 for fiscal year 2013; limits the number of full-time equivalent positions to 5; and provides guidance for employee compensation and benefits...... 219 245 255

668 Appropriations LAW APPROPRIATION - LAVA HOT SPRINGS - Appropriates $3,190,300 to the Lava Hot Springs Foundation for fiscal year 2013; limits the number of full-time equivalent positions to 13.8; and provides guidance for employee compensation and benefits...... 235 260 266

669 Appropriations LAW APPROPRIATION - SOIL AND WATER CONSERVATION COMMISSION - Appropriates $2,706,500 to the Soil and Water Conservation Commission for fiscal year 2013; limits the number of full-time equivalent positions to 16; and provides guidance for employee compensation and benefits...... 235 261 266

672 Education LAW FISCAL MATTERS OF SCHOOL DISTRICTS - Adds to existing law relating to fiscal matters of school districts providing provisions relating to certain maintenance match moneys for the maintenance and repair of certain student-occupied buildings...... 256 268 275

674 Appropriations LAW APPROPRIATIONS - PUBLIC UTILITIES COMMISSION - Appropriates $5,255,900 to the Public Utilities Commission for fiscal year 2013; limits the number of full-time equivalent positions to 49; and provides guidance for employee compensation and benefits...... 235 261 266

675 Appropriations LAW APPROPRIATION - INDUSTRIAL COMMISSION - Appropriates $15,094,700 to the Industrial Commission for fiscal year 2013; limits the number of full-time positions to 137.25; and provides guidance for employee compensation and benefits...... 235 261 266

676 Appropriations LAW APPROPRIATION - IDAHO STATE POLICE - Appropriates a total of $65,117,800 to the Idaho State Police for fiscal year 2013, including $2,584,300 to Brand Inspection, $57,508,700 to the Idaho State Police, $4,326,200 to the POST Academy, and $698,600 to the Racing Commission; limits authorized full-time equivalent positions to 529.07; exempts the appropriation from object and program transfer limitations; and provides guidance for employee compensation and benefits...... 235 261 266 SENATE INDEX 427

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page

677 Appropriations LAW APPROPRIATIONS - PARDONS AND PAROLE COMMISSION - Appropriates an additional $36,100 to the Commission for Pardons and Parole for fiscal year 2012; Appropriates $2,349,700 to the Commission for Pardons and Parole for fiscal year 2013; limits the number of authorized full-time equivalent positions to 32; and provides guidance for employee compensation and benefits...... 235 263 275

678 Appropriations LAW APPROPRIATION - CORRECTION DEPARTMENT - BOARD OF CORRECTION - Amends the fiscal year 2012 appropriation for the Department of Correction to move a total of $625,200 between expense classes for community-based substance abuse treatment; appropriates an additional $1,500,000 to the Department of Correction for county and out-of-state placement for fiscal year 2012; appropriates $187,100,000 to the Department of Correction for fiscal year 2013; limits the number of authorized full-time equivalent positions to 1,561.93; exempts a portion of the appropriation from program transfer limitations; and provides guidance for employee compensation and benefits...... 235 263 275

679 Appropriations LAW APPROPRIATION - DEPARTMENT OF ADMINISTRATION BOND PAYMENT PROGRAM - Appropriates $32,782,200 to the Department of Administration for the Bond Payment Program for fiscal year 2013...... 235 263 275

680 Appropriations LAW APPROPRIATION - PARKS AND RECREATION DEPARTMENT - Appropriates $32,372,500 to the Idaho Department of Parks and Recreation for fiscal year 2013; limits the number of full-time equivalent positions to 143.5; provides guidance for employee compensation and benefits; permits the department to exceed the 10% transfer between programs limitation for certain project grants; and provides carryover authority for the development program from fiscal year 2012 into fiscal year 2013...... 235 264 275

681 Appropriations LAW APPROPRIATION - DEPARTMENT OF AGRICULTURE - Appropriates an additional $455,000 to the Department of Agriculture for fiscal year 2012; appropriates $36,448,400 for fiscal year 2013; limits the number of full-time equivalent positions to 195.68; and provides guidance for employee compensation and benefits...... 235 264 275

682 Appropriations LAW APPROPRIATION - DEPARTMENT OF HEALTH AND WELFARE - Appropriates $1,916,400,800 to the divisions of Medical Assistance Services and Licensing and Certification within the Department of Health and Welfare for fiscal year 2013; limits the number of full-time equivalent positions for those two divisions to 268; provides legislative intent; and provides guidance for employee compensation and benefits...... 241 260 266 428 SENATE INDEX

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 684 Appropriations LAW APPROPRIATION - STATE BOARD OF EDUCATION AND THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO, SPECIAL PROGRAMS - Appropriates $10,029,700 to the State Board of Education and the Board of Regents of the University of Idaho, Special Programs; limits the number of full-time equivalent positions to 27.33; provides guidance for employee compensation and benefits; and provides for General Fund reappropriation...... 251 267 275

685 Appropriations LAW APPROPRIATION - SUPREME COURT - Appropriates $48,959,000 to the Supreme Court for fiscal year 2013; exempts appropriation from object and program transfer limitations; transfers $601,700 from the General Fund to the Guardian Ad Litem Fund for fiscal year 2013; and provides guidance for non-judicial employee compensation and benefits...... 251 267 275

686 Appropriations LAW APPROPRIATION - OFFICE OF DRUG POLICY - Appropriates $1,076,400 to the Office of Drug Policy for fiscal year 2013; limits the number of full-time equivalent positions to 3; and provides guidance for employee compensation and benefits...... 251 267 275

687 State Affairs LAW UNCLAIMED PROPERTY PROGRAM - Amends existing law to authorize the release of taxpayer addresses and taxpayer identifying numbers from the State Tax Commission to the Unclaimed Property Program for internal use...... 251 271 282

689 Ways and Means S Health/Wel PUBLIC ASSISTANCE LAW - Adds to existing law relating to public assistance law to require that the state Department of Health and Welfare or its authorized agent issue certain benefits over the course of multiple consecutive days within a month at the discretion of the director...... 254 - 254

691 Ways and Means LAW SPECIAL USE PERMITS - Amends existing law relating to special use permits, conditions and procedures to revise provisions relating to notice; and to establish provisions relating to exceptions or waivers of certain standards...... 251 272 282

693 Ways and Means LAW CAPITOL MALL - FACILITIES MANAGEMENT - Amends existing law to provide for rules governing the Capitol Mall and other facilities management...... 267 276 283

694 Education S Educ EDUCATION - Amends existing law relating to education to establish provisions relating to school districts' liability arising out of certain acts of employees...... 263 - 263

695 Appropriations LAW LEGISLATIVE LEGAL DEFENSE FUND - Adds to existing law relating to the Legislature to provide for the Legislative Legal Defense Fund, to provide for moneys in the fund, to provide that moneys in the fund shall be continuously appropriated, to provide for exemptions and to provide for expenditures; and to provide for a transfer from the General Fund to the Legislative Defense Fund and to provide that of the amount transferred, fifty percent shall be available tothe Senate and fifty percent to the House of Representatives...... 263 269282 SENATE INDEX 429

House Introduced Final Subject Intro- Senate Final Bill No. by Action Matter duction Vote Disp. Page Page Page 696 Appropriations LAW APPROPRIATION - STATE BOARD OF EDUCATION, HEALTH EDUCATION PROGRAMS - Amends the fiscal year 2012 appropriation to the State Board of Education, Health Education programs to move operating expenditures to personnel costs; and appropriates $10,925,200 to the State Board of Education, Health Education Programs for fiscal year 2013...... 263 270 282

697 Revenue and LAW COUNTIES AND PROPERTY TAX LEVIES - Adds to, Taxation repeals and amends existing law relating to revenue and taxation to establish provisions relating to levies for payment of certain judgments; to provide that the amount of property tax revenues to finance an annual budget does not include revenue from levies to satisfy certain judgments; to establish provisions providing that certain taxing districts may certify a budget request in excess of certain limitations for the purpose of paying a final judgment, to provide for certain conditions, to establish provisions relating to the application of law and the method of payment, to provide for rules and to establish provisions relating to a limitation; to establish provisions relating to an election; to provide that the amount of property tax revenues to finance an annual budget does not include revenue from levies to satisfy certain judgments and revenue from certain levies; and to provide that the county may also issue bonds for the purpose of paying a certain judgment..... 272 276 283

698 Education LAW EDUCATION - Amends existing law relating to education to revise provisions relating to certain adjustments to a district's salary-based apportionment...... 278 282 283

701 Appropriations LAW APPROPRIATION - SUPREME COURT - TRAILER - Appropriates an additional $116,400 to the Supreme Court for fiscal year 2013 to cover the employer's contribution to the Judges' Retirement Fund that will increase from 7% to 8.67%...... 279 279 283

702 Appropriations LAW APPROPRIATION - YEAR-END TRANSFERS - Appropriates and transfers $2,000,000 from the General Fund to the Disaster Emergency Fund for fiscal year 2012; appropriates and transfers $21,452,600 from the General Fund to the Public Education Stabilization Fund for fiscal year 2012; and appropriates and transfers the excess fiscal year 2012 year-end cash balance from the General Fund to the Budget Stabilization Fund...... 279 279 283

703 Appropriations LAW APPROPRIATION - ATTORNEY GENERAL - ADDITIONAL - Relates to the National Mortgage Settlement Agreement and appropriates and transfers $500,000 from the General Fund to the Consumer Protection Fund upon receipt of an estimated $13.3 million in settlement proceeds provided for in the March 12, 2012 National Mortgage Settlement Agreement and remitted to the General Fund; contingent upon receipt of those settlement proceeds, an additional $500,000 is appropriated from the Consumer Protection Fund to the Attorney General to help distressed Idaho homeowners with assistance, counseling, and legal aid services...... 279 280 283 430 SENATE INDEX

SECTION XIII

NUMERICAL INDEX OF HOUSE JOINT RESOLUTIONS RECEIVED BY THE SENATE House Introduced Final Subject Intro- Senate Final Joint by Action Matter duction Vote Disp. Resolution Page Page Page

2 Ways and Means ADOPTED RIGHTS TO HUNT, FISH AND TRAP - Proposing a new section to the Constitution of the State of Idaho to provide that the rights to hunt, fish and trap, including by the useof traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations that preserve the future of hunting, fishing and trapping; to provide that public hunting, fishing and trapping of wildlife shall be a preferred means of managing and controlling wildlife; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, and shall not lead to a diminution of other private rights...... 248 - 275 Amended in the House (See House Journal) 265 SENATE INDEX 431

SECTION XIV

NUMERICAL INDEX OF HOUSE JOINT MEMORIALS RECEIVED BY THE SENATE House Introduced Final Subject Intro- Senate Final Joint by Action Matter duction Vote Disp. Memorial Page Page Page

4 Judiciary, ADOPTED UNITED STATES DISTRICT COURT JUDGES - Rules, and ADDITIONAL - Stating the findings of the Legislature Administration and urging the Congress of the United States to authorize an additional United States District Court Judge and commensurate staff for the District of Idaho...... 52 105 119

7 State Affairs ADOPTED MEDAL OF HONOR - Stating the findings of the Legislature and urging President Barack Obama, in the name of Congress, to award Retired Sergeant Chris Tschida the Medal of Honor or the highest appropriate recognition...... 72 105 119

8 Education ADOPTED NO CHILD LEFT BEHIND - Stating the findings of the Legislature and requesting Congress to repeal the No Child Left Behind Act of 2001...... 143 182 197

10 Health and S St Aff RESPECT FOR RIGHTS OF CONSCIENCE ACT - Stating Welfare findings of the Legislature and urging Congress to passthe Respect for Rights of Conscience Act of 2011 and allow Americans to retain the right to provide, purchase and enroll in health coverage that is consistent with their religious beliefs and moral convictions...... 126 - 126

13 State Affairs ADOPTED BEYOND THE BORDER ACTION PLAN - Stating findings of the Legislature and requesting that the President, Executive Branch agencies, and Congress work together to see that the Beyond the Border Action Plan on Perimeter Security and Economic Competitiveness and the Action Plan on Regulatory Cooperation between the United States and Canada are carried out, and that the United States' appointees to the Beyond the Border Working Group, the Regulatory Cooperation Council, and the United States agencies responsible for implementing the action plans have the resources necessary to assist in realizing the goals of the action plans...... 225 251 263

14 State Affairs ADOPTED BASQUE COUNTRY - ETA - Stating findings of the Legislature and recognizing and commending Euskadi 'ta Askatasuna's (ETA's) statements of a definitive cessation of its armed activity and end to terrorism and commending the governments of the Basque Autonomous Community, Navarre, Spain and France for their actions to promote a dialogue on the future of the Basque territories, to establish a negotiation process to achieve a lasting peace, to recognize all victims of terrorism and to consider all democratic forms of referenda on the constitutional future of the Basque territories...... 251 257 266 432 SENATE INDEX

SECTION XV

NUMERICAL INDEX OF HOUSE CONCURRENT RESOLUTIONS RECEIVED BY THE SENATE House Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

29 Moyle and ADOPTED GOVERNOR - STATE OF STATE ADDRESS - Provides for Rusche a joint session of the House of Representatives and the Senate to hear the Governor's State of the State Address...... 2 2 11

31 Business S Com/HuRes NATIONAL ELECTRIC CODE - RULE - Stating findings of the Legislature and rejecting a certain rule docket of the Division of Building Safety relating to Rules Governing the Use of National Electrical Code...... 72 - 72

33 Revenue and ADOPTED TAX COMMISSION - Stating findings of the Legislature and Taxation rejecting a certain rule of the State Tax Commission relating to Income Tax Administrative Rules...... 111 131 148

34 Environment, ADOPTED STATE ENERGY PLAN - Stating findings of the Legislature Energy, and and adopting the 2012 State Energy Plan...... Technology 143 166 181

36 State Affairs ADOPTED STEVEN R. APPLETON - Stating findings of the Legislature and honoring and commending Steven R. Appleton for his professional and personal contributions to the State of Idaho...... 126 181 197

37 Agricultural ADOPTED VETERINARY MEDICINE BOARD - RULE REJECTED - Affairs Stating findings of the Legislature and rejecting a certain rule of the Board of Veterinary Medicine relating to Rules of the State of Idaho Board of Veterinary Medicine...... 143 177 191

38 Agricultural S Agric Aff AGRICULTURE DEPARTMENT - RULE REJECTED - Affairs Stating findings of the Legislature and rejecting a certain rule of the Department of Agriculture relating to Rules Governing Brucellosis...... 143 - 143

39 Education ADOPTED ARTS CURRICULUM - Stating findings of the Legislature and urging support of Idaho students learning in the arts...... 150 184 204

40 Education S Com/HuRes PAY POLICIES - STATE EMPLOYEES - Stating findings of the Legislature, rejecting the Governor's Change in Employee Compensation recommendation and providing policy toward funding recommendations regarding pay policies for state employees...... 167 - 167 Amended in the House (See House Journal)

42 State Affairs S Health/Wel HEALTH AND WELFARE - RULE DOCKET REJECTED - Stating findings of the Legislature and rejecting a certain rule docket of the Department of Health and Welfare relating to Rules of the Emergency Medical Services (EMS) Physician Commission...... 143 - 143

43 State Affairs S Health/Wel HEALTH AND WELFARE - RULE REJECTED - Stating findings of the Legislature and rejecting a certain rule ofthe Department of Health and Welfare relating to Residential Habilitation Agencies...... 143 - 143

44 State Affairs S Health/Wel HEALTH AND WELFARE - RULE - Stating findings of the Legislature and urging the Department of Health and Welfare to promulgate a certain rule...... 177 - 177 SENATE INDEX 433

House Introduced Final Subject Intro- Senate Final Concurrent by Action Matter duction Vote Disp. Resolution Page Page Page

45 Education S Com/HuRes PRIVATE INSURANCE EXCHANGE - Stating findings of the Legislature and encouraging the providers of health insurance in Idaho to develop their own insurance exchange as part of the solution to health insurance costs...... 193 - 193

46 State Affairs ADOPTED DARRELL V. MANNING - Stating findings of the Legislature honoring and commending General Darrell V. Manning for his service to the State of Idaho upon his retirement...... 167 251 263

47 State Affairs ADOPTED PARKING FACILITY - Stating findings of the Legislature and authorizing and approving the Department of Administration to enter into an agreement or agreements with the Idaho State Building Authority to provide financing to construct a new multi-level parking facility...... 198 256 266

48 Education ADOPTED IDAHO EDUCATION ASSOCIATION - Stating findings of the Legislature and congratulating members of the Idaho Education Association on their organization's 120th anniversary...... 167 184 204

49 Education ADOPTED MILDRED RINKER BAILEY - Stating findings of the Legislature and honoring Mildred Rinker Bailey...... 225 251 263 SENATE INDEX 434 SECTION XVI

SENATE SPONSORS - SENATE LEGISLATION VOTED ON IN SENATE - 2012

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S) S 1213 Nuxoll S 1274 aaH Hammond S 1214 Bock S 1275 Darrington S 1215 aa Darrington S 1277 aa Bock S 1219 Darrington S 1278 Vick S 1222 McKague S 1279 Bock S 1223 Goedde S 1280 Nuxoll S 1224 Goedde S 1283 Siddoway S 1225 Tippets S 1285 McKenzie S 1226 Goedde S 1286 Stennett S 1227 Smyser S 1289 Heider S 1228 Johnson S 1290 Tippets S 1231 aa McKenzie S 1291 Brackett S 1232 LeFavour S 1292 Darrington S 1233 Vick S 1293 Lodge S 1236 Siddoway S 1294 aa Bock S 1237 Mortimer S 1295 aa Hammond S 1243 aaH,aaH Hammond S 1298 McKenzie S 1253 Davis S 1299 Toryanski S 1255 aa,aa Corder S 1301 Fulcher S 1256 aaH Bair S 1302 Corder S 1257 Mortimer S 1303 aaH Brackett S 1258 Mortimer S 1304 Corder S 1259 Corder S 1305 Pearce S 1260 Smyser S 1307 Davis S 1261 Smyser S 1308 Smyser S 1262 Schmidt S 1309 Broadsword S 1263 Darrington S 1310 Keough S 1265 Lodge S 1312 Corder S 1266 Davis S 1313 Brackett S 1267 Broadsword S 1314 Hill S 1268 Goedde S 1316 Hammond S 1269 Bock S 1317 aa Winder S 1270 Hill S 1319 Keough S 1271 Brackett S 1321 aa Pearce S 1272 Vick S 1323 aa Keough S 1273 Nuxoll S 1324 Corder SENATE INDEX 435

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S) S 1326 Broadsword S 1370 Darrington S 1327 Goedde S 1371 McKenzie S 1328 Goedde S 1372 Winder S 1329 Goedde S 1373 Pearce S 1330 Toryanski S 1375 Bilyeu S 1331 Cameron S 1376 Broadsword S 1332 Keough S 1377 Broadsword S 1333 Keough S 1380 aa Mortimer S 1335 McKenzie S 1381 Bilyeu S 1336 aa McKenzie S 1382 Bair S 1337 aa LeFavour S 1383 aa Bair S 1338 Mortimer S 1384 LeFavour S 1340 Bock S 1386 Winder S 1341 Bock S 1387 Winder S 1343 Davis S 1388 Bilyeu S 1344 Keough S 1389 Bair S 1346 Smyser S 1390 aa Goedde S 1348 aa Nuxoll S 1391 Toryanski S 1350 Bilyeu S 1392 Heider S 1351 Broadsword S 1393 Toryanski S 1352 Broadsword S 1394 Keough S 1353 Broadsword S 1395 Goedde S 1354 Keough S 1396 Keough S 1356 aa Corder S 1397 Mortimer S 1357 aa Corder S 1398 Mortimer S 1358 aa LeFavour S 1399 Toryanski S 1359 Keough S 1400 Toryanski S 1360 Mortimer S 1401 Bair S 1361 Brackett S 1402 Bair S 1362 aa McKenzie S 1403 Mortimer S 1363 Lodge S 1404 Broadsword S 1365 Hill S 1405 Bair S 1366 McKenzie S 1406 Toryanski S 1367 Toryanski S 1407 McKenzie S 1368 Toryanski S 1408 Bair S 1369 Tippets S 1409 Cameron 436 SENATE INDEX

BILL NO. SPONSOR(S) SJM NO. SPONSOR(S) S 1410 Mortimer S 1412 Brackett S 1413 Keough SJR NO. SPONSOR(S) S 1414 Bair SJR 102 Darrington S 1415 Broadsword SJR 106 Heider S 1416 Heider

SR NO. SPONSOR(S)

SCR NO. SPONSOR(S) SR 103 Davis SCR 112 Broadsword SR 104 Bilyeu SCR 113 Corder SR 105 Toryanski SCR 114 Broadsword SR 106 Hill SCR 115 Broadsword SR 107 Davis SCR 116 Hammond SCR 117 Siddoway SCR 118 Tippets SCR 119 Cameron SCR 120 Siddoway SCR 121 Pearce SCR 122 Vick SCR 123 Winder SCR 124 Goedde SCR 125 Brackett SCR 128 McKenzie SCR 129 McKenzie SCR 130 Bilyeu SCR 131 Lodge SCR 132 Darrington SCR 133 Davis

SJM NO. SPONSOR(S) SJM 103 Keough SJM 104 Nuxoll SJM 105 Lodge SENATE INDEX 437 SECTION XVII

SENATE SPONSORS - HOUSE LEGISLATION VOTED ON IN SENATE - 2012

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S) H 355 Hammond H 405 Hammond H 356 Johnson H 407 Smyser H 357 Hammond H 408 Smyser H 358 aaS Corder H 409 Smyser H 360 McKenzie H 412 Smyser H 361 Corder H 414 Winder H 362 McGee H 417 Winder H 363 McKenzie H 418 Goedde H 364 McGee H 419 Johnson H 365 Siddoway H 420 Goedde H 367 Keough H 421 Johnson H 368 aa McKenzie H 422 Goedde H 369 Lodge H 426 aaS Goedde H 372 Hill H 438 Werk H 374 Tippets H 439 aa,aaS Schmidt H 375 Tippets H 441 Broadsword H 376 Vick H 442 Heider H 379 Pearce H 443 Stennett H 382 Mortimer H 446 Cameron H 383 Mortimer H 448 Darrington H 384 Andreason H 450 aaS McKenzie H 385 Fulcher H 452 Fulcher H 386 aa Goedde H 455 LeFavour H 389 Hammond H 457 aaS Tippets H 391 Fulcher H 458 Tippets H 393 aa LeFavour H 459 Stennett H 394 LeFavour H 460 Heider H 395 Bair H 461 Heider H 396 Bair H 462 Pearce H 397 Tippets H 463 Werk H 399 Cameron H 464 Tippets H 400 Bair H 465 Schmidt H 401 Siddoway H 466 Tippets H 402 Lodge H 467 Schmidt H 403 LeFavour H 468 Smyser H 404 aaS Vick H 469 Davis 438 SENATE INDEX

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S) H 472 Johnson H 534 Pearce H 473 Tippets H 536 Fulcher H 475 Nuxoll H 539 McKenzie H 479 aa McKenzie H 540 aa Goedde H 481 Winder H 541 Smyser H 482 Werk H 542 aa Corder H 484 Lodge H 543 Bair H 485 aa McKenzie H 546 Cameron, Goedde H 487 Broadsword H 549 Schmidt H 489 Siddoway H 550 Goedde H 490 Smyser H 551 Smyser H 491 aa McKenzie H 553 Schmidt H 492 Tippets H 556 LeFavour H 494 Siddoway H 558 Smyser H 497 aaS Vick H 563 Winder H 498 Mortimer H 564 aa,aaS Goedde H 499 Toryanski H 569 Smyser H 500 Lodge H 570 Nuxoll H 501 Smyser H 572 Hill H 502 aa Schmidt H 574 Broadsword H 503 Schmidt H 575 Lodge H 511 aa,aaS Winder H 576 Winder H 512 aa Keough H 577 McKenzie H 513 Corder H 579 Goedde H 514 Mortimer H 582 Hill H 515 aa Werk H 583 Winder H 516 McKenzie H 584 aa Winder H 517 Brackett H 588 Brackett H 518 Lodge H 590 Mortimer H 519 Heider H 591 Fulcher H 521 Fulcher H 593 McKenzie H 522 aa Vick H 595 Darrington H 523 aa Schmidt H 598 Smyser H 525 Keough H 599 Darrington H 526 Siddoway H 600 Mortimer H 532 Lodge H 601 Brackett SENATE INDEX 439

BILL NO. SPONSOR(S) BILL NO. SPONSOR(S) H 602 Mortimer H 655 Keough H 603 Mortimer H 657 Broadsword H 604 Goedde H 658 Broadsword H 607 Tippets H 659 Mortimer H 608 Heider H 660 Davis H 609 Lodge H 661 Rice H 611 Smyser H 662 Brackett H 613 Andreason H 664 Bilyeu H 615 Broadsword H 665 Bilyeu H 616 LeFavour H 668 Bilyeu H 617 LeFavour H 669 Brackett H 618 Keough H 672 Mortimer H 619 aa Hammond H 674 Toryanski H 621 LeFavour H 675 Heider H 622 Mortimer H 676 Brackett H 624 Goedde H 677 Brackett H 626 Goedde H 678 Brackett H 631 aa Broadsword H 679 Toryanski H 632 Darrington H 680 Heider H 633 Goedde H 681 Heider H 634 Siddoway H 682 Broadsword H 635 Lodge H 684 Keough H 636 Toryanski H 685 Brackett H 637 Bilyeu H 686 Heider H 638 LeFavour H 687 Rice H 639 aa Davis H 691 Corder H 641 Brackett H 693 McKenzie H 642 Heider H 695 Bair H 643 Bilyeu H 696 Bilyeu H 644 Heider H 697 Corder H 645 Tippets H 698 Davis H 648 Lodge H 701 Heider H 649 Goedde H 702 Cameron H 651 Darrington H 703 Keough H 653 Corder H 654 Toryanski 440 SENATE INDEX

BILL NO. SPONSOR(S)

HCR NO. SPONSOR(S) HCR 29 Davis HCR 33 Corder HCR 34 McKenzie HCR 36 Fulcher HCR 37 Siddoway HCR 39 Mortimer HCR 46 Hammond HCR 47 Winder HCR 48 Malepeai HCR 49 Hammond

HJM NO. SPONSOR(S) HJM 4 McKenzie HJM 7 Winder HJM 8 Winder HJM 13 McKenzie HJM 14 Lodge

HJR NO. SPONSOR(S) HJR 2 aa Heider APPENDIX

Final Report of the Commission for Reapportionment Pusuant to Section 72-1508 Idaho Code Idaho's Citizen Commission for Reapportionment

Capitol Building Phone: (208) 334-4740 700 W. Jefferson Street E-mail: [email protected] Boise, ID 83720-0054 Web site: www.redistricting.idaho.gov

January 30, 2012

Honorable Ben Ysursa Idaho Secretary of State State Capitol Boise, Idaho 83720

Mr. Ysursa,

As Idaho's Citizen Commission for Reapportionment, we transmit herewith to you the new legislative plan that has been adopted unanimously by the members of the full Commission according to our responsibility as prescribed in Section 2, Article Ill, Constitution of the State of Idaho.

It has been our honor to serve the people of Idaho in this capacity.

C)armest Regards, ~~'rlu&f~~ Ron Beitelspacher, Commiss1 ner, Co-Cha1r Dolores Crow, Commissioner, Co-Chair

Shauneen Grange, Commiss· ner

~ Elmer Martinez, Commissioner

Enclosures: 1. Population, Deviation, Race, Ethnicity Report. 2. Population Deviation Summary Report. 3. Report of New Congressional Districts by County, Voter Tabulation District and Census Block 4. Maps of New Congressional Districts STATE OF IDAHO COMMISSION FOR REAPPORTIONMENT

REVISED FINDINGS AND CONCLUSIONS

FOR LEGISLATIVE PLAN L 93, A REVISION OF PLAN L 87

This Commission For Reapportionment, whose members are:

Ron Beitelspacher, Co-Chair Dolores Crow, Co-Chair Shauneen Grange, Commissioner Randy Hansen , Commissioner Elmer Martinez, Commissioner Sheila Olsen, Commissioner was reconvened on January 26, 2012 by order of the Idaho Supreme Court within their opinion and holding in the case of Twin Falls County v. Idaho Redistricting Commission, (January 18, 2012) to revise Legislative Plan L 87. Set forth below are the findings and conclusions of the Commission in their adoption of Plan L 93, A Revision of Plan L 87.

PRIOR REDISTRICTING COMMISSION1

The prior Redistricting Commission was convened by the Secretary of State on June 7, 2011. That Commission held a total of fourteen public hearings around the state in Sandpoint, Coeur d’Alene, Moscow, Lewiston, Boise, Meridian, Caldwell, Hailey, Twin Falls, Burley, Soda Springs, Rexburg, Pocatello and Idaho Falls. The prior Commission also held several public meetings in Boise reviewing approximately 82 proposed Legislative Plans and 50 proposed Constitutional Plans. The previous Commission concluded its proceedings without adopting either a legislative or congressional plan on September 6, 2011.

CURRENT REDISTRICTING COMMISSION

After being sworn in by the Secretary of the State, this Redistricting Commission adopted the record and proceedings of the previous Redistricting Commission. This Commission convened public hearings in Idaho Falls (October 5, 2011), Coeur D’ Alene (October 6, 2011) and Boise (October 7, 2011) during which time citizens were provided the opportunity to comment on the approximately 86

1 The Commission for Reapportionment is commonly referred to as the Redistricting Commission. The terms “Commission for Reapportionment” and “Redistricting Commission” are used interchangeably herein.

Legislative plans under consideration by the Commission along with the approximately 51 Congressional plans under consideration. Pursuant to the Order of the Idaho Supreme Court, the Commission reconvened on January 26-29, 2012 for the purpose of revising Plan L 87. Within those meetings, the Commission adopted these findings, and revised plan L 87 resulting in the adoption of Plan L 93, a Revision of Plan L 87.

Based upon the Redistricting Commission’s review of the record, its meetings, the public comments received, and the governing legal requirements, the Commission makes the following findings and conclusions:

LEGAL REQUIREMENTS AND APPLICATION

1. Federal Constitutional Requirements. The United States Constitution has been interpreted by the United States Supreme Court and the Idaho Supreme Court to require that legislative districts be formed after each census with substantially equal population to satisfy the one person/one vote requirement. A legislative redistricting plan that has more than a ten percent deviation is presumptively unconstitutional. Smith v. Idaho Comm'n on Redistricting, 136 Idaho 542 (2001). State legislative redistricting plans of less than 10% deviation between the most populous and least populous districts are presumed to satisfy the federal constitutional requirement. Merely showing that an alternative plan with a lower overall range could be used was not in itself sufficient to require invalidation of a plan. Gafney v. Cummings, 412 U.S. 735 (1973).

2. State Constitutional Requirements. Article III §5 of the Idaho Constitution establishes the following requirements on legislative redistricting:

SENATORIAL AND REPRESENTATIVE DISTRICTS. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties, and a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States. A county may be divided into more than one legislative district when districts are wholly contained within a single county. No floterial district shall be created. Multi-member districts may be created in any district composed of more than one county only to the extent that two representatives may be elected from a district from which one senator is elected. The provisions of this section shall apply to any apportionment adopted following the 1990 decennial census.

Idaho Constitution, Art. III, Sec. 5.

This provision has been interpreted and applied by the Idaho Supreme Court to mean that a plan that splits 8 counties is unconstitutional if a plan that splits 7 counties within the allowable deviation (less than 10%), is advanced. Twin Falls County v. Idaho Com’n on Redistricting, ---P.3d ---, 2012 WL 130416, *3 (2012). Art. III, Section 2(2) of the Idaho Constitution charges the Commission for Reapportionment with the task of redistricting the Idaho legislature. Art. III. Sec. 2(3) of the Idaho Constitution authorizes the legislature to “enact laws providing for the implementation of the provisions of this section.” 2

3. State Statutory Requirements. Idaho Code section 72-1506 provides criteria to govern legislative redistricting plans.

a. Idaho Code section 72-1506 states:

72-1506. Criteria governing plans. Congressional and legislative redistricting plans considered by the commission, and plans adopted by the commission, shall be governed by the following criteria: (1) The total state population as reported by the U.S. census bureau, and the population of subunits determined therefrom, shall be exclusive permissible data. (2) To the maximum extent possible, districts shall preserve traditional neighborhoods and local communities of interest. (3) Districts shall be substantially equal in population and should seek to comply with all applicable federal standards and statutes. (4) To the maximum extent possible, the plan should avoid drawing districts that are oddly shaped. (5) Division of counties shall be avoided whenever possible. In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum. (6) To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties. (7) District boundaries shall retain the local voting precinct boundary lines to the extent those lines comply with the provisions of section 34-306, Idaho Code. When the commission determines, by an affirmative vote of at least five (5) members recorded in its minutes, that it cannot complete its duties for a legislative district by fully complying with the provisions of this subsection, this subsection shall not apply to the commission or legislative redistricting plan it shall adopt. (8) Counties shall not be divided to protect a particular political party or a particular incumbent. (9) When a legislative district contains more than one (1) county or a portion of a county, the counties or portion of a county in the district shall be directly connected by roads and highways which are designated as part of the interstate highway system, the United States highway system or the state highway system. When the commission determines, by an affirmative vote of at least five (5) members recorded in its minutes, that it cannot complete its duties for a legislative district by fully complying with the provisions of this subsection, this subsection shall not apply to the commission or legislative redistricting plan it shall adopt.

b. Within the Twin Falls County case, the Court found that the following provisions of Idaho Code § 72-1506 are mandatory: (1), (2), (3), (6), (7), (8), and (9). To the maximum extent possible, the Commission complied with the mandatory requirements placed upon it for compliance. Two provisions of Idaho Code § 72-1506 are advisory: (4) and the provision in ¶(5) that states: “In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum. Twin Falls County, at *4, (“They are merely advisory.”) & n.4 (clarifying which provisions are advisory).

c. The Commission found that it could not complete its duties by fully complying with the provisions of Idaho Code section 72-1506(7). Therefore, on January 27, 2012, all six Commissioners voted unanimously to waive the requirement that precincts be kept intact.

d. The Commission also found that it could not complete its duties by fully complying with the provisions of Idaho Code section 72-1506(9). Therefore, on January 27, 2012, all six Commissioners voted unanimously to waive the requirement that all counties included in a district be connected by state highways.

4. Application of Legal Requirements: Deviation. The Idaho Supreme Court has held that a population deviation exceeding ten percent is presumptively unconstitutional. Smith v. Idaho Comm'n on Redistricting, 136 Idaho 542 (2001). The deviation in the legislative redistricting plan adopted hereby submitted by the Commission has a deviation of 9.92%.

5. Application of Legal Requirements: Division of Counties. The Idaho Supreme Court has held that Article III Sec. 5 of the Idaho Constitution prohibits the division of counties unless absolutely necessary to satisfy the one person/one vote requirement of the United States Constitution. Bingham County v. Comm'n for Reapportionment, 137 Idaho 870, 874 (2002). Further, the Idaho Supreme Court has directed that a plan that splits 8 counties is unconstitutional upon the presentation of a plan that splits only 7. Twin Falls County v. Idaho Redistricting Commission, --- P.3d ---Consistent with this requirement, Counties were only divided when required by one person/ one vote.

GENERAL FINDINGS

6. Unique Physical Features. There are several physical factors which complicate redistricting in Idaho. The unique shape of the state limits the combinations of contiguous counties that can be combined to create legislative districts. The geography of Idaho (wilderness areas, mountain ranges, deserts and rivers) in some cases limits the ideal combination of certain counties in the creation of legislative districts. The low population of many counties limits the ideal combination of certain counties in the creation of legislative districts. The fact that most of the external boundaries of Idaho (with the exception of certain areas on the western border) run through very sparsely populated areas limits the ideal combination of counties in the creation of legislative districts. For redistricting purposes, Idaho is the exact opposite of the rectangular shaped state whose population is evenly distributed over flat farmland. The federal one person/one vote requirement, the Idaho Constitution’s limitation on the number of districts, the Idaho Constitution’s limitation on the division of counties in the formation of legislative districts, and these unique physical features necessarily result in the creation of a few legislative districts that are not ideal under any redistricting plan.

7. Number of Districts. Art. III Sec. 2 of the Idaho Constitution requires that there be “not less than thirty nor more than thirty-five” legislative districts. After considering redistricting plans from thirty to thirty-five districts, as well as the very nearly unanimous public testimony received in favor of retaining the maximum number of thirty-five districts, the Commission finds that the thirty-five district plan is constitutional and serves the best interests of the citizens of the state of Idaho. Consistent with Article III, sec. 2, the Commission has adopted a 35 district plan. 4

8. Division of Counties. In a thirty-five district plan:

a. 1 county has a population that it can constitute a single district by itself without combining with any other county or portion of another county. It is Bingham County. Bingham County has not been split and constitutes a district of its own within its County boundaries.

b. Two counties could be divided into districts wholly within that county that meet the one person/one vote requirement without having to combine any portion of that county with any other county or portion of another county. They are Ada and Kootenai County.

c. Four counties are of such population that one or more districts can be created solely within the county, but a portion of the county must be combined with other counties to meet the one person/one vote requirements. They are Bannock, Bonneville, Canyon, and Twin Falls Counties.

i. Bonneville County occupies a particularly unique situation because it has the population sufficient to equal 2.32 districts (pop. 104,234), but it must be split in order to preserve the County boundaries surrounding it in compliance with the Idaho Supreme Court’s application of Article III, § 5 that a plan that splits 8 counties is unconstitutional if a plan splitting only 7 counties is advanced.

ii. Twin Falls County occupies a situation similar to Bonneville County. It has a population that should indicate 1.72 districts, but it is surrounded by counties requiring additional population and combinations. As Twin Falls mathematically must be split to comply with one person/ one vote, the Commission relied on the advisory portion of Idaho Code § 72-1506(5) to create legislative districts by splitting Twin Falls County twice.

d. The remaining counties are so sparsely populated that they must be combined with other counties to create districts of sufficient population to comply with the federal constitutional requirement of one person/one vote. One of these counties (Bonner) must be divided and combined with contiguous counties because one neighboring county (Boundary) is not contiguous to any other county. Boundary County is so small it cannot constitute a district by itself which satisfies the one person/one vote requirement and when Bonner and Boundary Counties are combined undivided, they are too large to constitute a district which complies with the one person/one vote requirement.

9. Demographic Data. Although divided into 44 counties, both the population and land area of the counties are disparate. For example, out of 44 counties, 36 must be combined in some

fashion or another to achieve a district with a constitutionally acceptable population. Additionally, based upon the lack of an equal distribution of the population throughout the state, often a simple combination of counties into one district cannot be achieved, which therefore requires a county to be split in order to satisfy the one person - one vote requirement. To illustrate this principle (although no Idaho counties are actually configured like this), if there were three adjacent counties each with the population of two-thirds of a district, it might be necessary to split one of them among two districts to apportion them while keeping the other two wholly within a district, and there is no constitutional reason to choose among them which of the three to split. As indicated above, the following Counties must be split: Bonner (geography/ one person/ one vote), Kootenai (internally), Ada (internally), Canyon (internally and externally), Twin Falls (internally and externally), Bannock (internally and externally) and Bonneville (internally and externally). Idaho’s unique shape further challenges the reapportionment of the Idaho because neighboring state boundaries often limit the direction in which the Commission can combine Counties. For example, within the Panhandle of Idaho, counties must generally be combined north and south, while on the Eastern border, combinations are limited to North, South, and West.

10. Consideration of Plans: The Commission had before it for consideration 93 full and partial legislative reapportionment plans. But of those 93, only 8 complied with dual requirements one person one vote and minimum county splits. Those plans were L 66, L 67, L 76, L 77, L 79, L 90, L 91, and L 93. The remaining plans (85) were either presumptively unconstitutional due to too many county splits or unacceptable population deviation, or failed to reapportion the entire state. The Commission evaluated and considered every plan submitted to it.

11. Statistical Data. The total state population is 1,567,582. With a total of thirty-five legislative districts, the ideal district population is 44,788 people.

SPECIFIC FINDINGS

APPROVED PLAN: L 93

12. The Commission adopts Plan L 93 as the Idaho Legislative Redistricting Plan by a unanimous 6-0 vote. District 28 contains the largest population with a total of 46,955 people. This constitutes a deviation of 4.84%2 above the ideal district size of 44,788 people. District 20 has the smallest population with a total of 42,610 people. This constitutes a deviation of 4.86% below the ideal district size. Combined the overall plan population deviation of Plan L 93 is 9.70%. Specifically as to each district in Plan L 93, the Commission finds:

2 The deviation percentages have been rounded to the nearest hundredth of a percentage point.

13. District 1 (Boundary County and Bonner County (part)). Separately, neither Boundary County nor Bonner County have sufficiently large populations to constitute one ideal district of 44,788 persons. When combined, they exceed 44,788 people, the population of an ideal district, by more than allowable deviation. The Commission therefore finds that it is necessary to divide the population of Bonner County to create District 1 because it is the only Idaho county contiguous to Boundary County and the division is necessary to satisfy the one person, one vote requirement of the 14th Amendment to the United States Constitution. Bonner County was divided along major highways and roads in an effort to keep communities of interest together. District 1 contains 46,712 people, a deviation of +4.30% from the ideal district.

14. District 2 (Kootenai County (part)). Consists primarily of the northern and eastern rural areas of Kootenai County. Includes the communities of Hayden, Dalton Gardens. Runs South to the Benewah County line, east to Shoshone County Line, and West to the Washington Border. District 2 contains 45,894 people with a deviation of +2.47 % from the ideal district.

15. District 3 (Kootenai County (part)). District 3 is contained wholly within Kootenai County. It includes the remainder of Kootenai County that is west of the city of Coeur d’Alene and Highway 95 to the Idaho border. Consistent with public testimony received at the June 22, 2011 hearings in Coeur d’Alene and Sandpoint, and the October 6, 2011 hearing in Coeur d’Alene, District 3 includes the majority of the cities of Post Falls and Rathdrum, keeping traditional communities of interest intact. Further, the district was divided along major highways providing an easily distinguished boundary. District 3 contains 46,276 people with a deviation of +3.32% from the ideal district.

16. District 4 (Kootenai County (part)). District 4 is contained entirely within Kootenai County and includes the majority of the city of Coeur d’Alene, a traditional community of interest unto itself. The district line follows well known and clearly identifiable streets and highways. District 4 contains 46,324 people with a deviation of +3.43% from the ideal district.

17. District 5 (Benewah County and Latah County). District 5 is comprised of the entirety of Benewah County and Latah County. Separately, Benewah County and Latah County do not have a large enough population to constitute an entire legislative district. Therefore, combining Benewah County and Latah County is necessary to meet the one person one vote requirement. Further, combining these counties keeps communities of interest intact. Idaho’s major state highway, Highway 95 runs the entire length of the District 5. District 5 contains 46,529 people with a deviation of +3.89% from the ideal district.

18. District 6 (Lewis County and Nez Perce County). District 6 contains all of Lewis County and Nez Perce County. Separately, Lewis County and Nez Perce County do not have enough population to constitute an entire legislative district. As Nez Perce County is bounded by

Oregon and Washington on the west, the only contiguous county that could be combined with Nez Perce County to make compact legislative district is Lewis County. District 6 contains 43,086 people with a deviation of -3.80% from the ideal district.

19. District 7 (Bonner County (part), Shoshone County, Clearwater County, and Idaho County). District 7 includes a portion of Bonner County, the entirety of Shoshone County, the entirety of Clearwater County and the entirety of Idaho County. In order to meet the one person one vote requirement, the Commission combined this portion of Bonner County with Shoshone County because of the requirements of Article III sec. 5 and the geography of the panhandle. Any alternative configuration would result in an additional split of a county elsewhere. The requirement of Idaho Code sec. 72-1506 (9) (Roads), was waived by the Commission by a 6-0 vote.

This district is evidence of the great difficulty in creating legislative districts in a state the size and shape of Idaho with its diverse landscape and comparatively sparse population density. The Commission recognizes that this district is large and not ideal; however, it is necessary to meet the one person one vote requirement and preserve county boundaries whenever possible. It is particularly revealing that this district comprised of a massive geographical area is still population light, which clearly reflects the disparity between population and county land size evident throughout Idaho. District 7 includes 42,930 people with a deviation of -4.15% from the ideal district.

20. District 8 (Gem, Valley, Boise, Custer, Lemhi). District 8 consists of the entirety of Gem, Boise, Valley and Custer and Lemhi Counties. Separately, none of these counties have sufficient population to form independent legislative districts. More compact configurations were rejected because they would have required the splitting of counties, which is specifically disallowed by Article III, sec. 5 and the Court’s holding in Twin Falls County. District 8 has 45,913 people, a deviation of +2.51% from the ideal district.

21. District 9 (Canyon County (part), Washington, Adams, and Payette County). District 9 contains a portion of Canyon County, Washington County, Adams County, and Payette County. Payette County is bounded on the west by the state of Oregon and does not have sufficient population to constitute one district. Payette County is bordered by both Canyon and Washington Counties. Adams, Washington, and Payette counties lack sufficient population to satisfy the one person one vote requirement requiring that a portion of Canyon County, the only remaining county that is contiguous to Payette County, be combined to create District 9. In dividing Canyon County, the Commission kept communities of interest intact by keeping the cities of Parma whole and including them in this district. Further, Payette County is connected to this portion of Canyon County by two major roadways, Highway 95 and Interstate 84, both major routes of commerce that create communities of interest and commonality throughout the region. District 9 includes 44,559 people with a deviation of -.51% from the ideal district. 8

22. District 10 (Canyon County (part)) is compact, follows major roads and highways and consists of the majority of the city of Caldwell, a traditional community of interest located entirely in Canyon County. District 10 contains 45,422 people, a deviation of +1.42% from the ideal district.

23. District 11 (Canyon County (part). District 11 consists of all of rural Canyon County including Wilder, Notus, Greenleaf, and Middleton. This portion of Canyon County is tied together by Highways 44, 45, 55, and 95 that runs throughout the district as well as several other roads which creates a corridor for commerce and a commonality of interest between the two counties. District 11 contains 43,430 people, a deviation of -3.03% from the ideal district.

24. District 12 (Canyon County (part)) is compact and consists of a portion of the city of Nampa, which had to be split due to its size. Nampa was divided along major roads and highways and in accordance with traditional communities of interest. This district is located entirely in Canyon County. District 12 contains 45,525 people, a deviation of +1.65% from the ideal district.

25. District 13 (Canyon County (part)) is compact and includes the remainder of the city of Nampa, which had to be split due to its size. Nampa was divided along major roads and highways and in accordance with traditional communities of interest. This district is located entirely in Canyon County and contains 46,784 people, a deviation of +4.46% from the ideal district.

26. District 14 (Ada County (part)). Ada County has sufficient population for nine total districts. This plan keeps Ada County intact, uses major roads and highways as easily identifiable boundaries and divides the districts based on city lines which constitute traditional communities of interest. The majority of the districts in Ada County have a population deviation of less than the ideal district in order to accommodate for future growth in these areas. District 14 consists of the cities of Eagle and Star, traditional communities of interest unto themselves. District 14 contains 44,919 people, a deviation of .29% from the ideal district.

27. District 15 (Ada County (part)) is made up of a community of interest located wholly within the city of Boise and Ada County. District 15 contains 42,799 people, a deviation of -4.44% from the ideal district.

28. District 16 (Ada County (part)) consists of the entirety of Garden City as well as traditional communities of interest in the city of Boise. Portions of the city of Boise were included in order to satisfy the one person one vote requirement. District 16 includes 44,383 people, a deviation of -.90% from the ideal district.

29. District 17 (Ada County (part)) is made up of communities of interest located wholly within the city of Boise in Ada County. District 17 includes 43,778 people, a deviation of -2.26% from the ideal district.

30. District 18 (Ada County (part)) includes traditional communities of interest in the city of Boise and continues to Ada County’s boundary. District 18 includes 43,586 people, a deviation of -2.68% from the ideal district.

31. District 19 (Ada County (part)) includes traditional communities of interest in the city of Boise and continues to Ada County’s northern boundary and Highway 55. District 19 includes 42,921 people, a deviation of -4.17% from the ideal district.

32. District 20 (Ada County (part)) includes the majority of the city of Meridian, a traditional community of interest wholly contained in Ada County. Significant public testimony supported keeping the city of Meridian whole. District 20 includes 42,610 people, a deviation of -4.86% from the ideal district.

33. District 21(Ada County (part)) includes traditional communities of interest south of Interstate 84 that are wholly included in Ada County. District 21 includes 43,541 people, a deviation of -2.78% from the ideal district.

34. District 22 (Ada County (part)) keeps the majority of the city of Kuna intact and continues to the Ada County boundary. District 22 includes 43,828 people, a deviation of -2.14% from the ideal district.

35. District 23 (Owyhee County , Elmore County, and Twin Falls County (part)). District 23 includes all of Elmore and Owyhee Counties. Elmore County does not have a large enough population to constitute a district by itself and therefore in order to meet the one vote requirement, it was combined with Owyhee County and a small portion of Twin Falls County. Due to Owyhee County’s geographic location this combination was necessary as Elmore and Twin Falls Counties are its only two remaining neighboring counties that could be combined to form a complete legislative district. Elmore and Owyhee Counties are connected by Highway 51 which runs north to south, creating a commercial zone and linking the communities within those counties together. Combined, these two counties did not have sufficient population to form a complete legislative district, and in the interest of forming compact districts, a portion of Twin Falls County which is contiguous to both Elmore and Owyhee Counties, had to be included. District 23 contains 44,458 people, a deviation of -0.74% from the ideal district.

36. District 24 (Twin Falls County (part)). District 24 consists of the majority of the city of Twin Falls, a traditional community of interest entirely contained within Twin Falls County. District 24 includes 46,915 people, a deviation of 4.75% from the ideal district.

37. District 25 (Jerome County and Twin Falls County). District 25 includes the entirety of Jerome County and Twin Falls County. Separately, these counties do not have a large enough population to constitute an entire legislative district. They are contiguous counties connected by Interstate 84 and Highways 30 and 93. This district keeps Buhl and Filer as well as Kimberly, Hansen and Murtaugh together. District 25 includes 46,795 people, a deviation of +4.48% from the ideal district.

a. In the creation of this district, and the reapportionment of Twin Falls County in particular, Districts 23, 24 and 25 reflect the difficulty of reapportionment in Idaho. A single plan was advanced (out of 8 possibilities) that split Twin Falls only once (apportioning it among two districts instead of three). The Commission considered that alternative but rejected it because it required the bisection of the City of Twin Falls, a combination of Minidoka and Jerome Counties (which are connected by a sliver of land constituting the Snake River Canyon, and breaks up the natural combination of Minidoka and Cassia Counties, an area that is commonly referred to based upon the combination as “Mini- Cassia.” Based upon the Idaho Supreme Court’s express recognition of the advisory nature of Idaho Code § 72-1506(5),3 the Commission after careful consideration determined that the configuration of Plan L 93 best served the citizens of the State of Idaho, as well as, Twin Falls, Minidoka, Jerome, and Cassia Counties.

b. This configuration represents the Commission’s adherence to the mandatory requirements of Idaho Code § 72-1506, including ¶ (2) that “to the maximum extent possible, districts shall preserve traditional neighborhoods and local communities of interest” over the advisory requirement of Idaho Code § 72-1506(5) that “In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum.

38. District 26 (Blaine County, Lincoln County, Gooding County, and Camas County). Consistent with the Idaho Constitutional requirement to keep counties whole to the maximum extent possible, District 26 combines the entirety of Blaine, Lincoln, Gooding, and Camas counties. These counties are contiguous, connected by several different roads and highways and share common watersheds creating communities of interest. District 26 has 43,165 people, a deviation of -3.62% from the ideal district.

39. District 27 (Cassia County and Minidoka County). Cassia and Minidoka counties are combined to create a district. This combination reflects a common community of interest as it is commonly referred to as the Mini-Cassia area. This keeps the cities of Rupert, Paul, Heyburn, Burley and Declo together. Geographically, the Snake River and Snake River

3 (In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum. Twin Falls County, at *4, (“They are merely advisory.”) & n.4 (clarifying which provisions are advisory).

Canyon create a natural divide between District 27 and District 25. District 27 includes 43,021 people, a deviation of -3.95% from the ideal population district.

40. District 28 (Bannock County(part) and Power County)). District 28 includes all of Power County and part of Bannock County. This district includes the airport shared by these two counties and is tied together by a major interstate highway. District 28 includes 46,955 people, a deviation of -4.84% from the ideal district.

41. District 29 (Bannock County (part)). District 29 consists of the majority of the city of Pocatello, a community of interest in itself, and is located entirely within Bannock County. District 29 is compact and easily distinguished due to its clearly identifiable boundaries consisting of interstate highways and the Bannock County line. District 29 includes 43,701 people, a deviation of -2.43% from the ideal district.

42. District 30 (Bonneville County (part)). Bonneville County has a large enough population that two complete legislative districts may be contained within the county; however, it is not large enough to form three inclusive legislative districts. Therefore, the Commission finds that Bonneville County must be split in order to comply with the one person one vote requirement. District 30 is contained entirely within Bonneville County and includes local communities of interest that share the area’s agricultural emphasis. Further, the district includes the majority of the cities of Lincoln and Ammon, communities of interest in themselves. District 30 contains 46,525 people, a deviation of +3.88% from the ideal district.

43. District 31 (Bingham County). District 31 includes the entirety of Bingham County, which is large enough to constitute an entire legislative district. District 31 has 45,607 people, a deviation of 1.83% from the ideal district.

44. District 32 (Bonneville County (part), Bear Lake County, Caribou County, Franklin County, Oneida and Teton County (part)). District 32 is another example of how the Idaho’s unique geography and the sparseness population distribution in certain areas necessitate the creation of large districts. District 32 includes the entirety of Bear Lake, Caribou, Franklin, Oneida, and Teton Counties, which still lack population sufficient to constitute a district within acceptable limits of deviation. Therefore a portion of Bonneville County had to be combined with these counties. Together these counties do not have sufficient population to create an entire legislative district and must be combined with portions of other counties in order to meet the one person one vote requirement. Therefore, these counties are combined with the remainder of Bonneville County which is contiguous.

whenever possible. It is particularly revealing that this district comprised of a massive geographical area is still population light, which clearly reflects the disparity between population and county land size evident throughout Idaho. The requirement of Idaho Code sec. 72-1506 (9) (Roads), was waived by the Commission by a 6-0 vote. District 32 includes 44,502 people, a deviation of -0.64% from the ideal district.

45. District 33 (Bonneville County (part)). The majority of the city of Idaho Falls is included in District 33 which is contained entirely within Bonneville County. Idaho Falls is a community of interest requiring statutory protection and the district is compact with easily identifiable boundaries. District 33 has 45,964 people, a deviation of +2.63% from the ideal district.

46. District 34 (Madison County, Bonneville County (part)). Madison County is kept whole within District 34 but it does not contain sufficient population to form an entire legislative district. In order to meet the one person one vote requirement, the Commission included the northern portion of Bonneville County. Although Bonneville County had to be split to comply with Article III, § 5, the communities of Uconn and Iona were maintained. This district is directly connected by Highways 20 and 26 creating commercial corridors and commonality of interests. District 34 has 44,970 people, a deviation of +0.44% from the ideal district.

47. District 35 (Butte County, Clark County, Jefferson County, and Fremont County). District 35 is contiguous, bounded by Idaho’s borders with Montana and Wyoming, and made up of all of Butte, Clark, Jefferson and Fremont counties. Individually, the population of these counties is insufficient to meet the one person one vote requirement and therefore they must be combined. This is another large geographic district that must come together to create a population adequate to satisfy the one person one vote requirement. As vast as the area is, it does share a common interest in natural resources, farming, ranching, and recreation. District 35 contains 43,255 people a deviation of -3.42% from the ideal district.